TERMS AND CONDITIONS OF USE
Date of Last Revision: August 22, 2019
WHEN YOU CHECK THE “AGREE” BOX FOR THESE TERMS OF AND CONDITIONS OF USE AND/OR ANY OTHER SUCH FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THIS SITE YOU ARE AGREEING TO THESE TERMS AND CONDITIONS OF USE. BY CONTINUING TO USE THIS SITE, FROM TIME TO TIME, YOU REAFFIRM THESE TERMS AND CONDITIONS OF USE AS AN ON-GOING AGREEMENT IN SUCH FORM AS MAY BE AMENDED FROM TIME TO TIME.
USE OF THE APP
Dr. Hank, LLC (“Dr. Hank,” “we “, “us“, or “our “), owns and operates this website located at mydrhank.com (“Website,” and collectively with any affiliated mobile application (“App”), the “Site”). The Site is intended to facilitate the provision of the Service to registered users. The “Service” includes (i) providing individuals with information on health care and wellness (“Content”); (ii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments and communications; (iii) administrative support in connection with scheduling and payment for health care provider services; and (iv) telecommunications support for using the Service as a means of direct access to health care providers for communication, consultations, assessments, and treatment by such health care providers.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 91.1
THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
THIS SERVICE ENABLES COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER.
IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.
Our Service is currently only available to individuals utilizing the Service in the United States.
Health care providers providing Services through the Site, or as facilitated by Dr. Hank, are licensed to practice in the states in which they treat patients.
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications; and
- Use of output data from medical devices, sound, and video files.
The electronic systems used in the Service will incorporate reasonable network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
RISKS OF TELEHEALTH SERVICES
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
YOUR RELATIONSHIP WITH DR. HANK
Dr. Hank provides a platform for you to consult with our pharmacy partners, and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. By submitting your information to the Pharmacy, you authorize the Pharmacy personnel to contact your physician using the contact information you provide, or by other means. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a health care provider through the Service, you are not entering into a provider-patient relationship with Dr. Hank.
Our pharmacy partners include Dunklau Pharmacy Holdings, LLC, PostMeds, Inc., and PCM Venture I Pharmacy (each, a “Pharmacy”).
Dr. Hank does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication through the Service, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee that a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Dr. Hank honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Dr. Hank to transmit that prescription to the pharmacy of your choice.
In some cases, a health care provider may use the Service to provide advice or treatment to you. A health care provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Dr. Hank strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Dr. Hank may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.
Other than the personalized content we may send you through an in-App message, you should not consider Content on the Site to be medical advice.
REGISTRATION AND USER ACCOUNTS
You agree to keep in confidence your username and password and to exit from your Secure User account at the end of each session. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. Creating more than one account substantially limits the ability for a health care provider using the Service to provide appropriate care and may be unsafe to you. Dr. Hank explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM
ACCESS RIGHTS AND PROHIBITED USE
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Dr. Hank shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Dr. Hank via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
OWNERSHIP OF SITE CONTENT
Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks “) of Dr. Hank or other entities. You are not authorized to use any such Marks without the express written permission of Dr. Hank. Ownership of all such Marks and the goodwill associated therewith remains with us.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. DR. HANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DR. HANK OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You may only use the Service in the United States only. Dr. Hank makes no representation that the App is appropriate or available for use in locations outside the United States.
PACKAGING AND FULFILLMENT RESTRICTIONS
By using a pharmacy with whom we partner, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
NO AGENCY RELATIONSHIP
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided via email to [email protected]
All product and company names used on the Site or in the App are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.