Terms of Service

The documents linked below are collectively referred to as the "Terms of Service." Use of this website constitutes acknowledgement and acceptance of the Terms of Service.

Effective Date: January 1, 2019

Our purpose is to bring Patients and Providers together, allowing them to be more productive, cost effective, and independent. Our Service is designed to promote financial transparency, fairness, and efficiency in the healthcare industry. By connecting Patients and Providers directly through our Site, we are helping patients find healthcare for themselves and family members that they might not otherwise be able to afford while creating new opportunities for Providers.

This User Agreement (this “Agreement”) provides the terms under which you may use the LinkMyDoctor.com website and any web or mobile services or applications (collectively, the “Site”) offered by Link My Doctor, Inc. (“LMD”). This Agreement is a part of and incorporates by reference all the Terms of Service linked from https://www.LinkMyDoctor.com/TermsofService including all Site information referenced or linked therein (the “Terms of Service”).

By accessing or using this Site after the effective date, you confirm that you have read, understand, accept, and agreed to be bound by this Agreement for yourself and on behalf of any Member for whom you use the Site. To the extent permitted by applicable law, we may change this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site. Capitalized terms not defined in this Agreement (including “Definitions” shown in the Appendix) are defined in the other Terms of Service or have the meanings given such terms on the Site.

TO ENSURE THAT YOU UNDERSTAND THIS AGREEMENT, PLEASE READ EACH PROVISION CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR CLASS ACTION. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION AS DESCRIBED IN SECTION 16 BELOW.

1. LinkMyDoctor.com

The Site provides an automated system for Members to meet, engage, and collaborate online. Certain features of the Site are available without an Account; however, to access all the features and store personal information, an Account is required. To become Members, Patients and Providers must open an Account pursuant to the Account Agreement and HIPAA Authorizations. As Members, Patients and Providers use the Site to search and locate Providers, select each other, send information, negotiate Provider Services, and enter into Provider Services Agreement between each other. Once Patient and Provider enter into a Provider Services Agreement, they use the Site to schedule appointments, exchange messages and files, collaborate, communicate, and invoice and pay for the Provider Services.

2. Independent Provider Relationship

The Provider shall at all times be deemed independent in the fulfillment of his or her services to Patient. Under no circumstances is a Provider-Patient relationship created with LMD by the use of this Site. This Agreement and any registration for or use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and LMD, except and solely to the extent expressly stated in the Terms of Service. Link Requests and search features such as Find a Doctor, Find a Dentist, Popular Searches, and Watch List are used to identify and sort Providers. Patient and Provider negotiate independently using the Link Request system including the use of invites, messages and counteroffers. LMD is not a party to the posting, screening, selection, contracting, provision, or payment of Provider Services. LMD merely makes the Site available such that Providers and Patient can meet, review each other’s personal information and professional qualifications, negotiate, agree to a price or insurance terms, and manage their relationship. To support and automate the online selection process between Members, LMD provides tools that allow Patients to search, sort, filter, categorize, and filter Providers by specialty, distance, and language. Patients use these tools and features to determine, at their sole and exclusive discretion, which Provider is suitable for them.

3. Provider Services Contract

For each Link Request completed on the Site, Patient and Provider agree that they will have entered into a “Provider Services Agreement" which shall be binding upon Patient and Provider. The Provider Services shall be rendered in accordance with the terms and conditions of the Provider Services Agreement.

Patient and Provider appoint LMD as a third-party beneficiary of their Provider Services Agreement for purposes of enforcing any obligations owed to, and any benefits conferred on, LMD by the Provider Services Agreement.

Patient and Provider further agree that LMD has the right to take such actions with respect to their Accounts, including, without limitation, suspension, closure, or legal actions, as LMD, in our sole discretion, deems necessary to enforce our rights as a third-party beneficiary under the Provider Services Agreement.

Patient and Provider will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement and any Provider Services Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (2) provide copies of such records to LMD upon request. Nothing in this subsection will be construed as requiring LMD to supervise or monitor Provider Services or a Patient’s compliance with this Agreement, the other Terms of Service, or a Provider Services Agreement.

4. LMD Does Not Verify Information

LMD does not perform background checks on Providers or Patients. LMD is not required to and may not verify any information given to us by Providers or Patients, LMD makes no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, expertise, quality of work, price information, insurance coverage, or benefit information. LMD does not guarantee the safety, quality, medical necessity, or legality of Provider Services; makes no representations to the truth or accuracy of Provider listings; the qualifications, background, or identities of Providers; the ability of Providers to deliver Provider Services; the ability of Patients to pay for Provider Services; or that a Patient or Provider can or will complete a transaction.

5. LMD Does Not Provide Medical Advice

If you have a medical emergency, call 911 immediately. Do not delay, avoid, or disregard medical advice because of this Site. The Site is not intended as a substitute for medical advice, diagnoses, or treatment.

Although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating and negotiating a financial arrangement with a Provider.

Under no circumstances shall LMD be liable to you, your Provider, or any third party for any action or decision taken by you in reliance of any such Content. We do not endorse or recommend any Provider listed or accessible through the Site. The Content that you obtain or receive from LMD, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and pricing purposes only. All medically related information, including but not limited to information in LMD emails and advertising comes from independent healthcare professionals and organizations is for information purposes only.

6. Site License

Subject to and conditioned on your compliance with this Agreement, the other Terms of Service, and the other Site Policies, LMD grants you a limited license to access and, if you are a Member, to use the Site for the purpose of ordering and receiving the Site Services available and authorized from the Site. You must not access or use the Site or Site Services for any reasons that are in competition with LMD. You must not use any content of the Site on any other website or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site except as permitted in writing by LMD. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by applicable law.

The Site and any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by LMD. LMD retains all of their respective right, title, and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site.

LMD’s logos and name are trademarks of LMD and are subject to our Mark Use Guidelines which can be provided upon request. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.

Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of LMD's or any third party’s Intellectual Property Rights, whether by estoppel, implication, or otherwise.

7. User Content License

When you post User Content on the Site, you represent and warrant that you have the right, power, and authority to post that content and grant the licenses specified below. You further represent and warrant that by posting such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that LMD may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment.

You retain all your ownership rights in any User Content you post on LMD. You also grant to LMD and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and LMD (and our successors’ and Affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display, and perform such User Content, only to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service.

Notwithstanding the foregoing paragraph, LMD will only use or disclose User Content you post to any Workroom or other non-public area of the Site to the extent necessary to provide Site Services to you.

The above licenses granted by you will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant LMD and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display, distribute, or perform, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.

You may submit comments or ideas about the Site, including, without limitation, about how to improve the Site or our products (collectively, “Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place LMD under any fiduciary or other obligation, that the Ideas do not contain the confidential or proprietary information of third parties, and that we are free to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission of any Idea, LMD does not waive any rights to use similar or related ideas known or developed by LMD or obtained from sources other than you.

8. Unauthorized Access and Use; Site Interference; Malicious Software

The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of LMD and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service or to solicit other Users for other websites, products, or services.

Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of, or to allow you or any other person to access, or damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations of or on, the Site or any other software, firmware, hardware, computer system, or network of LMD or any third party. Further information regarding other prohibited conduct can be found in the Site Usage Policy.

9. Third-Party Content

Directory of Providers

The Site contains a directory of Providers. The directory is populated with information from Providers themselves. LMD provides this directory as a convenience and does not confirm or verify the information contained in it.

Third-Party Verification

The Site may make available various services provided by third parties to verify a Member’s credentials, provide testing services, and provide information. Any information or content expressed or made available by these third parties or any other Members is that of the respective author(s) or distributor(s) and not of LMD. LMD neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than authorized LMD employees acting in their official capacities.

Links and Applications

The Site may contain links to Third-Party Sites. The Site may also contain applications that allow you to access Third-Party Sites via the Site. Such Third-Party Sites are owned and operated by the third parties and/or their licensors. Your access and use of Third-Party Sites, including online communication services such as chat, email, and calls, will be governed by the terms and policies of the applicable Third-Party Sites. You acknowledge and agree that LMD is not responsible or liable for: (i) the availability or accuracy of Third-Party Sites; or (ii) the content, advertising, or products on or available from Third-Party Sites. You are responsible for deciding if you want to access a Third-Party Site by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked Third-Party Site or application. You use the links and these services at your own risk and agree that your use of an application via the Site is on an “as is” and “as available” basis without any warranty for any purpose.

10. Certain Disclaimers, Limitations, and Exclusions

You are solely responsible for creation, storage, and backup of your medical records. This Agreement and any registration for, or subsequent use of the Site, will not be construed as creating any responsibility on LMD's part to store, backup, retain, or grant access to any information or data for any period.

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

LMD is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:

• your use of or your inability to use the Site or Site Services;

• delays or disruptions in the Site or Site Services;

• viruses or other malicious software obtained by accessing, or linking to, the Site or Site Services;

• glitches, bugs, errors, or inaccuracies of any kind in the Site or Site Services;

• damage to your hardware device from the use of the Site or Site Services;

• the content, actions, or inactions of third parties’ use of the Site or Site Services;

• a suspension or other action taken with respect to your account;

• your reliance on the quality, accuracy, or reliability of Link Request postings, Provider profiles, ratings,recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; or

• your need to modify practices, content, or behavior or your loss of or inability to do business as a result of changes to the Terms of Service.

11. Warranty Disclaimer

YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE, OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY THIRD-PARTY, THE PROVIDER SERVICES, OR THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD-PARTY.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

IN THE EVENT OF A DISPUTE BETWEEN YOU AND LMD AND/OR AN AFFILIATE, NEITHER YOU NOR LMD, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF LIABILITY IS FOUND, THE LIABILITY OF LMD, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY LMD WITH RESPECT TO HEALTHCARE CONTRACTS OF WHICH USER WAS A PARTY AS A PATIENT OR PROVIDER DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. Release

In addition to the recognition that LMD is not a party to any contract between Patient and Provider, you hereby release LMD, our Affiliates, and our respective officers, directors, employees, attorneys, agents, subsidiaries, joint ventures, and our and their respective successors and assigns from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another Member, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the provision, functions, and quality of the Provider Services provided to Patient by a Provider.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

This release will not apply to a claim that LMD failed to meet our obligations under this Agreement and the other Terms of Service.

14. Indemnity

You agree to defend, hold harmless, and indemnify LMD, our Affiliates, our and their respective officers, directors, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages, and other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third-party against an Indemnified Party in connection with your use of the Site Services, including: (a) any payment obligations incurred through use of the Site Services; (b) any allegation of any infringement, misappropriation, or other violation of any Intellectual Property Rights by you or your agents; (c) your: (i) use of the Site; (ii) decision to supply credit or other information via the Site, including financial information; (iii) decision to submit postings and accept offers from other Members; (iv) breach of any provision of this Agreement or the other Terms of Service; (v) dispute of or failure to pay any invoice or make any other payment; (vi) obligations to a Provider, including payment obligations; (d) any breach of contract or other claims made by Members with which you conducted business through the Site; (e) any liability arising from the tax treatment of payments made or receive through the Site Services or any portion thereof; or (f) anything which the Indemnified Party may do or refrain from doing in connection with this Agreement and the Terms of Service. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand, or action arising out of the negligence of any Indemnified Party; provided that the foregoing indemnification will not extend to the gross negligence or willful misconduct of an Indemnified Party.

15. Agreement Term; Termination and Suspension

This Agreement will become effective upon your first visit to the Site and will remain in effect for the duration of your use of the Site. Unless both you and LMD agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice, except as otherwise provided below. In the event you or we properly terminate this Agreement, your right to use the Site is automatically revoked, and we will close your Account; however, upon our election, (i) if you have any open Link Requests when you terminate this Agreement you will continue to be bound by this Agreement until all such Link Requests have closed on the Site; (ii) LMD will continue to perform those LMD Services necessary to complete any open Link Request or related transaction between you and another Member; and (iii) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Link Request, whichever is later, to LMD for any Site Services and to any Providers for any Provider Services. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you, any Member with whom you have entered into a Member Contract, or LMD from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

Without limiting LMD’s other remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or other Terms of Service; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may cause legal liability for you, our Members, or LMD or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. Once your Account is suspended or closed, you must not continue to use the Site under the same Account or a different Account or reregister under a new Account without LMD’s prior written consent.

Without limiting LMD's other remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed LMD or our Affiliates under this Agreement, you must pay LMD for all fees owed to LMD and our Affiliates and reimburse LMD for all losses and costs (including any and all time incurred by employees of LMD or our Affiliates) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.

In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

Except as otherwise required by applicable law, we will notify you if we suspend or close your Account, unless we believe, in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of Users’ Account status to all Members, including both yourself and other Members who have entered into Healthcare Contracts with you. You therefore agree as follows:

IF LMD DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, LMD HAS THE RIGHT, BUT NOT THE OBLIGATION, TO (1) NOTIFY OTHER MEMBERS THAT HAVE ENTERED INTO PROVIDER SERVICE AGREEMENTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (2) PROVIDE THOSE MEMBERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.

When your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable, LMD will retain this information along with all your previous posts and proposals for a period of one year from the date of closure to give you ample time to institute an appeal of our decision through the process described in the subsection titled “Disputes with LMD” in section 16 below. If you appeal our decision through that process within one year, LMD will retain your information until such dispute is resolved. If you fail to appeal our decision within one year, LMD may delete your information, including data, messages, files, and other material you keep on the Site.

The following will all survive termination of this Agreement for any reason: (a) those terms of this Agreement that by their nature are intended to survive this Agreement; and (b) the Account Agreement.

16. Mandatory Binding Arbitration and Class Action/Jury Trial Waiver

If a dispute arises between you and LMD or any of our Affiliates, our goal is to resolve the dispute quickly and cost- effectively. Accordingly, you, LMD, and our Affiliates agree that we will resolve any claim or controversy at law or in equity that arises between you and LMD or our Affiliates out of or relating to this Agreement or the LMD Services (a “Claim”) in accordance with this section titled “Disputes with LMD.”

Law and Forum for Disputes

This Agreement and any Claim, including, without limitation, any dispute relating to a Member Contract, will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG); provided, however, that any Claims made by any Provider located within the United States will be governed by the law of the state in which such Provider resides or is legally organized.

You agree that any Claim must be resolved as described in the subsections below titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration and Class Action/Jury Trial Waiver.”

Informal Dispute Resolution

Before serving a demand for arbitration of a Claim, or otherwise seeking injunctive or other equitable relief in a court of law as expressly permitted in this Agreement, you agree to first notify LMD of the Claim at legalnotices@linkmydoctor.com (the “Notice”) and seek informal resolution of the Claim. The Notice must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. LMD will have 60 days from the date of our receipt of the Notice to informally resolve the Claim, which, if successful, will avoid the need for further action.

Mandatory Binding Arbitration and Class Action/Jury Trial Waiver (Does Not Apply to Providers Located Outside the United States and Its Territories)

This Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) applies to all Visitors and Members, except Providers located outside of the United States and its territories.

In the unlikely event that LMD is unable to resolve a Claim within 60 days of our receipt of the Notice, you, LMD, and our Affiliates agree to resolve the Claim by binding arbitration before an arbitrator from JAMS. JAMS may be contacted at www.jamsadr.com.

A. Scope of Arbitration Agreement and Conduct of Arbitration.

Arbitration as provided in this Arbitration Provision is governed by the United States Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). Except as otherwise stated in this Arbitration Provision, this Arbitration Provision applies to any Claim (including any claimed employment with LMD or one of our Affiliates or successors) or termination of your relationship with LMD, regardless of the date of Claim accrual. This Arbitration Provision survives after your relationship with LMD ends. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of Claims that otherwise would be resolved in a court of law or before a forum other than arbitration. Except as otherwise stated in this Arbitration Provision, you, LMD, and our Affiliates agree that any Claim covered by this Arbitration Provision, or arising out of, relating to, or concerning the validity, enforceability, or breach of this Arbitration Provision, will be resolved by binding arbitration administered by JAMS. If for any reason JAMS will not administer the arbitration, a party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.

Except as otherwise provided herein, arbitration will be conducted in Manhattan, New York in accordance with the JAMS Comprehensive Arbitration Rules and Procedures under the Optional Expedited Arbitration Procedures then in effect for JAMS. Notwithstanding the foregoing, any Claims by Providers that allege employment or worker classification claims will be conducted within 25 miles of where the Provider is located in accordance with the JAMS Employment Arbitration Rules and Procedures then in effect. The JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures” or “JAMS Employment Arbitration Rules.” The parties agree that any party will have the right to appear at the arbitration by telephone and/or video rather than in person.

Except as it otherwise provides, this Arbitration Provision applies, without limitation, to all Claims arising out of or related to your relationship with LMD or the termination of that relationship, any payments you claim due you from LMD, trade secrets, unfair competition, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, or harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by LMD and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, state statutes or regulations addressing the same or similar subject matters.

You, LMD, and our Affiliates will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Procedures, the Provider will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.

This Arbitration Provision does not apply to litigation between LMD and our Affiliates and you to which you are a party that is already pending in a state or federal court as of the effective date of this Arbitration Provision. This Arbitration Provision also does not apply to claims for workers’ compensation, state disability insurance, or unemployment insurance benefits. You, LMD, or our Affiliates may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.

Notwithstanding this Arbitration Provision, you, LMD, and our Affiliates retain the right to bring an action in small claims court within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court.

Regardless of any other terms of this Arbitration Provision, a Claim may be brought before and remedies awarded by an administrative agency if applicable law permits the agency to adjudicate the Claim notwithstanding the existence of this Arbitration Provision. Such administrative Claims include, without limitation, Claims brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, or the National Labor Relations Board. Nothing in this Arbitration Provision will be deemed to preclude or excuse a party from bringing an administrative Claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a Claim in arbitration.

Claims that may not be subject to a pre-dispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision.

B. Enforcement of this Arbitration Provision.

This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If the Class Action Waiver in subsection C below of this Arbitration Provision is deemed to be unenforceable, you, LMD, and our Affiliates agree that this Arbitration Provision is otherwise silent as to any party's ability to bring a class, collective, or representative action in arbitration.

C. Class Action and Jury Trial Waiver.

THIS ARBITRATION PROVISION AFFECTS YOUR ABILITY TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. YOU, LMD, AND OUR AFFILIATES AGREE TO BRING ANY CLAIM IN ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL REPRESENTATIVE BASIS ON BEHALF OF OTHERS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR AS A MEMBER IN ANY SUCH CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING (“CLASS ACTION WAIVER”). THE CLASS ACTION WAIVER DOES NOT APPLY TO ANY CLAIM YOU BRING AS A PRIVATE ATTORNEY GENERAL SOLELY ON YOUR OWN BEHALF AND NOT ON BEHALF OF OTHERS. NOTWITHSTANDING ANY OTHER PORTION OF THIS ARBITRATION PROVISION OR THE JAMS RULES, CLAIMS REGARDING THE VALIDITY, ENFORCEABILITY, OR BREACH OF THE CLASS ACTION WAIVER MAY BE RESOLVED ONLY BY A CIVIL COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. IN ANY CASE IN WHICH (1) THE CLAIM IS FILED AS A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AND (2) A CIVIL COURT OF COMPETENT JURISDICTION FINDS ALL OR PART OF THE CLASS ACTION WAIVER UNENFORCEABLE, THE CLASS, COLLECTIVE, REPRESENTATIVE, AND/OR PRIVATE ATTORNEY GENERAL ACTION TO THAT EXTENT MUST BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION, BUT THE PORTION OF THE CLASS ACTION WAIVER THAT IS ENFORCEABLE WILL BE ENFORCED IN ARBITRATION. YOU, LMD, AND OUR AFFILIATES AGREE THAT YOU WILL NOT BE RETALIATED AGAINST, DISCIPLINED, OR THREATENED WITH DISCIPLINE AS A RESULT OF EXERCISING YOUR RIGHTS UNDER SECTION 7 OF THE NATIONAL LABOR RELATIONS ACT BY FILING OR PARTICIPATING IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION IN ANY FORUM. HOWEVER, LMD AND OUR AFFILIATES MAY LAWFULLY SEEK ENFORCEMENT OF THIS ARBITRATION PROVISION AND THE CLASS ACTION WAIVER UNDER THE FEDERAL ARBITRATION ACT AND SEEK DISMISSAL OF SUCH CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS OR CLAIMS. THE CLASS ACTION WAIVER WILL BE SEVERABLE IN ANY CASE IN WHICH THE CLAIM IS FILED AS AN INDIVIDUAL ACTION, AND SEVERANCE IS NECESSARY TO ENSURE THAT THE INDIVIDUAL ACTION PROCEEDS IN ARBITRATION.

D. Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver.

You may opt out of this Arbitration Provision by notifying LMD in writing within 30 days of the date you first register for the Site. To opt out, you must send a written notification to LMD at legalnotices@linkmydoctor.com that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve Claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of this Arbitration Provision.

17. Notices and Communications

Communications from LMD to you

By visiting the Site, you are deemed to have executed this Agreement electronically, effective on the date you visit the Site, pursuant to the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. §§ 7001 et seq.). Visiting the Site constitutes your acknowledgement that you are able to electronically receive, download, and print this Agreement. Unless you otherwise indicate in writing to Customer Support, LMD and our Affiliates will communicate with you by email or by posting communications on the Site. You will be considered to have received a communication when LMD sends it to the email address you have provided to LMD on the Site or when LMD posts such communication on the Site. You must keep your email address updated on the Site, and you must regularly check the Site for postings. Without limiting LMD’s other rights under this Agreement, if you fail to respond to an email message from LMD regarding a violation, dispute, or complaint within two Business Days, LMD has the right to suspend or close, in our sole discretion, your Account.

Communications from you to LMD

All notices to LMD or Affiliates intended to have a legal effect must be in writing and delivered in writing via email to legalnotices@linkmydoctor.com. All such notices are deemed effective upon documented receipt by LMD.

LMD does not accept service of any legal process by email or mail; all such service should occur by hand delivery to LMD or its registered agent for service of process.

18. Disclosures

LMD is the provider of the electronic commercial service on the Site. Members are notified, via the Site, in advance regarding any applicable service charges. The Consumer Information Division of the New York Department of Consumer Affairs may be contacted in writing at New York State Department of State, Division of Consumer Protection, Consumer Assistance Unit 99 Washington Avenue, Albany, New York 12231-0001 or by calling 1-800-697-1220. Upon your request, you may have this Agreement sent to you by email. Please contact LMD to resolve a complaint regarding any aspect of service relating to the Site by contacting us through support@linkmydoctor.com.

19. Miscellaneous Terms and Conditions

You are responsible for compliance with applicable foreign, federal, state, and local laws, keeping in mind that access to the contents of the Site may not be permitted under the laws of certain countries. LMD will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of LMD. No delay or omission by LMD in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

You will not transfer, assign, or delegate your rights or obligations (including your Account) under this Agreement to anyone without the prior express written consent of LMD, and any attempt to do so will be null and void.

LMD may assign this Agreement in our sole discretion. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.

If an arbitrator or court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement (except as noted in section 16 above), which will remain in full force and effect.

The Site is controlled and operated from facilities in the United States and India. LMD makes no representations that the Site is appropriate or available for use outside the United States. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable foreign, United States federal, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service without obtaining any and all required authorizations from the appropriate government authorities.

You also warrant that you are not prohibited from receiving U.S. origin products, including services or software. You may not use or access the Site if you are (i) a resident of, or legally organized under the laws of, a country or geographic area embargoed by the United States; (ii) subject to United States economic sanctions that prohibit your use of or access to the Site; or (iii) a foreign person or entity blocked or denied by the United States government.

Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay but in no event longer than 60 days.

The English language version of this Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The section headings in this Agreement are included for ease of reference only and have no binding effect. Even though LMD drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or LMD because of the authorship of any provision of this Agreement. This Agreement, together with the other Terms of Service and the Site Policies, comprise the entire agreement between you and LMD with respect to the use of the Site and supersede all prior agreements between you and us, written or oral, regarding the subject matter contained herein and therein as well as any conflicting or inconsistent terms in any website(s) that link to or are linked from the Site. This Agreement will be displayed in a PDF version and for convenience may be displayed in both PDF and HTML versions. In the event of any inconsistency between such versions, the PDF version will govern.

20. Definitions

As used in this Agreement and the other Terms of Service, the following terms have the meanings given below, unless otherwise defined or required in context:

“Account” means the LMD account you open when you register to become a Member and use the Site Services.

“Account Agreement” means the Account agreement that governs your Account, and related Site Services, and is part of and incorporates by reference all terms, conditions, rules, policies, and guidelines on the Site, and other Terms of Service.

“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with LMD.

“Business Day” means a day on which the headquarters office of LMD is open for normal business.

“Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.

“Family Account” means an account established by a Member adding Family Members to the Member’s Account to act on behalf of a Family Member.

“Family Account Administrator” means a Family Member with account administration privileges for a Family Account.

“Family Member” means any User added to a Family Account.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

“may” means a party has the right to take an action.

“Member” means a person or legal entity that registers for an Account.

“Patient” means a Member that requests, seeks, proposes, and purchases Provider Services or identifies a Provider through the Site.

“Payment Method” means a valid credit card issued by a bank acceptable to LMD, a bank account linked to your Account, a PayPal account, or such other method of payment as LMD may accept from time to time in their sole discretion.

“Provider Services Agreement” means the contract applicable to the Link Request in which the Provider renders the Provider Services to Patient.

“Provider” means a Member that advertises and provides medical or dental services or identifies a Patient through the Site.

“Provider Services” means all services provided or delivered to Patients by Providers.

“Secure Areas” means portions of the Site that are encrypted using the Hypertext Transfer Protocol Secure (also known as “HTTPS”) or any other encryption mechanism.

“Service Fee” means a fee that LMD earns for creating, hosting, maintaining, and providing the Site and Site Services. LMD does not introduce Providers to Patients or help Providers to find Patients, and therefore earns no fee when a Provider identifies a suitable Patient.

“Site” means the domain and all subdomains of LinkMyDoctor.com and any mobile or web services or applications owned, controlled, or offered by LMD.

“Site Policies” means the Terms of Service and all obligations, requirements, and guidelines contained in or linked from the Site. Site Policies includes, without limitation, all documents linked here.

“Site Services” means all services that are accessible through the Site whether provided by LMD, an Affiliate or a third party, other than a Provider. Site Services includes the Third-Party Services, but excludes Provider Services.

“Terms of Service” means this Agreement and all the other Site information, agreements, and policies referenced or linked here.

“Third-Party Services” means all services that are accessible through the Site but delivered by third parties, not LMD or our Affiliates. The term Third-Party Services does not include LMD Services or Provider Services.

“Third-Party Sites” means all websites, Third-Party Services, and resources linked to the Site.

“User” means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is authorized to use the Site on behalf of a Member that is a company or organization for business purposes, and not for personal, household, or consumer use.

“User Content” means any data, information, content, text, video, music, or other information that you post to any part of the Site.

“Visitor” means a person who only visits the Site and is not a Member or User.

“Workroom” means the place on the Site where a Patient and Provider communicate about a Link Request.

“you” means a Visitor or Member accessing the Site or using the Site Services on his or her own behalf; and, if the Site Services are used on behalf of a Member, “you” also includes the Member for which the Site Services are used.

“LMD,” “we,” and “us” means Link My Doctor, Inc., a New York corporation, except where otherwise specifically stated.

“LMD Services” means the creation, hosting, maintenance, and provision of the Site and all services delivered by LMD that are accessible through the Site. The term LMD Services does not include Provider Services or Third-Party Services.

“Link Request” means a Patient’s request of a Provider to provide Provider Services.

21. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions, or need assistance, please contact Customer Support at:

Email: support@linkmydoctor.com

Effective Date: January 1, 2019

Link My Doctor, Inc. ("LMD") provides this Privacy Policy to let you know our policies and procedures regarding the collection, use and disclosure of information through www.LinkMyDoctor.com (the "Site"), and any other websites, features, applications, widgets or online services that are owned or controlled by LMD and that post a link to this Privacy Policy (together, the "Service"), as well as any information LMD collects offline in connection with the Service. Note that we combine the information we collect from you from any of the Sites, through the Service generally, or offline.

By accessing or using the Service, you consent to the information collection, disclosure and use practices described in this Privacy Policy. Please note that certain features or services referenced in this Privacy Policy may not be offered on the Service at all times. Please also review our Terms of Service, which governs your use of the Service, and which is accessible at:

www.LinkMyDoctor.com/TermsofService

1. Information Collection

Users of the Service may be Patients (anyone utilizing the LMD platform to request services to be performed by a Provider) or Providers (any doctor, dentist, medical service provider, company, individual user, or groups of associated individual users or companies utilizing the LMD platform to offer services to Patients).

Information You Provide to Us

• Personal Information: In the course of using the Service (whether as a Patient or Provider), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you ("Personal Information"). Examples of Personal Information include your name, email address, postal address and phone number.

• Payment Information: If you use the Service to make or receive payments, we will also collect certain payment information, such as payment card, PayPal or other financial account information, and billing address.

• Identity Verification: We may collect Personal Information, such as your date of birth, or taxpayer identification number, to validate your identity or as may be required by law, such as completion of tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.

• General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that LMD has collected Personal Information from your child, please contact us at legal@linkmydoctor.com

• Non-Identifying Information/User Names: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project related data ("Non-Identifying Information"). We may aggregate information collected from LMD registered and non-registered users ("LMD Users"). We consider usernames to be Non-Identifying Information. Usernames are made public through the Service and are viewable by other LMD Users.

• Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but LMD will treat the combined information as Personal Information.

Information Received from Third Parties

We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records or third parties may provide information in connection with a co-marketing agreement or at your request (such as if you choose to sign in with a third-party service). If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy.

Information Collected from Users Automatically

We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, and other information commonly shared when browsers communicate with websites.

We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, and site functionality.

The information we collect also includes the Internet Protocol ("IP") address or other unique device identifier ("Device Identifier") for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.

The technology used to collect information automatically from LMD Users may include the following:

• Cookies: Like many websites, we and our marketing partners, affiliates, analytics, and service providers use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with any LMD applicable policies) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how LMD Users interact with the Service and to monitor aggregate usage by LMD Users and web traffic routing on the Service). You may be able to instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all functionality of the Service.

Certain web browsers and certain browser add-ons such as Adobe Flash may provide additional data storage mechanisms that are used in a manner similar to cookies, and some of the content included on our Sites may make use of this type of storage. For example, a Flash cookie is a data file placed on a device via the Adobe Flash plugin that may be built-in to or downloaded by you to your device. For more information about Flash and the privacy choices Adobe offers, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.

For further information on cookies and how they are used for the Service, please visit our Cookie Policy at www.LinkMyDoctor.com/CookiePolicy.

• Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as "web beacons" or "tracking tags" to help us keep track of what content on our Sites is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how LMD Users navigate the Service, to count how many e-mails that were sent were actually opened, or to count how many particular articles or links were actually viewed.

• Embedded Scripts: An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.

In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.

How We Respond To Do Not Track Signals

Please note that your browser setting may allow you to automatically transmit a "Do Not Track" signal to websites and online service you visit. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, LMD does not alter its practices when it receives a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

User Profiles

You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, licenses, qualifications, video, and other information, including your username ("Profile"). For Providers, the information in your Profile will be visible to all LMD Users and the general public. For Patients, the information in your Profile will be visible to Providers who are invited to review your Link Requests and Providers to whom you have awarded your Link Request. If in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at support@linkmydoctor.com

2. Use and Retention of Information

We use information we collect:

• To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid and for compliance and internal business purposes;

• To contact you with administrative communications and LMD newsletters, marketing or promotional materials (on behalf of LMD or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in the Your Choices and Opting Out section, below.

• To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online;

• To administer and develop our business relationship with you and, if applicable, the company you represent; and

• For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

Unless you request that we delete certain information (see Changing Your Information or Closing Your Account below, we retain the information we collect for at least 5 years and may retain the information for as long as needed for our business and legal purposes.

3. Information Sharing and Disclosure

We may share aggregated Non-Identifying information and we may otherwise disclose Non-Identifying Information to third parties. We do not share your Personal Information with third parties for those third parties' marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing. We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Policy, or in the following circumstances:

• Information about Providers Shared with Patients: We share information regarding Providers with a Patient. Note that if a Provider is suspended from the LMD Service, we may share that information with Patients for whom that Provider has worked with or agreed to work. If you choose to register as a Provider via the Service, we will share information relevant to your application with the applicable Patient(s), including, but not limited to, the information contained in your Provider Profile.

• Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of LMD's features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.

• Legal and Investigative Purposes: LMD will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of LMD or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify LMD Users, and may do so in cooperation with third parties at our discretion.

• Internal and Business Transfers: LMD may share information, including Personal Information, with its parent company, subsidiaries, and affiliates, primarily for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

4. Changing Your Information or Closing Your Account

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information, and you must update any changes through your online account. If you request to access all personal information you've submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like us to delete your account in our system, you can do so through the LMD Service (once you logged in, visit settings/ user settings, and then click on the close my account link). We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your account, including information in your Work Diaries and messages you posted to the Service. In addition, your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally or for our administrative purposes. It is not always possible to completely remove or delete information from our databases. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor LMD can delete all copies of information that has been previously shared with others on the Service.

5. Security

LMD takes commercially reasonable steps to help protect and secure the information it collects and stores about LMD Users. All access to the Sites is encrypted using industry standard transport layer security technology (TLS). When you enter sensitive information, we encrypt the transmission of that information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our LMD Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, LMD cannot ensure and does not warrant the security of any information you transmit to us.

6. International Transfers of Personal Information

LMD is a United States company. If you are located outside the United States and choose to provide information to us, LMD transfers Personal Information to the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Service, or providing LMD with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States.

7. Links to Other Sites

Our Service contains links to other websites. If you choose to click on a third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.

8. Phishing

Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as "phishing" are of great concern to LMD. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be LMD, please report it at support@linkmydoctor.com.

9. California Residents – Your California Privacy Rights

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses.

Alternatively, the law provides that a company may comply, as LMD does, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties' direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, LMD provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time LMD offers that choice, LMD does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to the following email address:

legal@linkmydoctor.com

You must put the statement "Your California Privacy Rights" in the subject field of your e-mail or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your e-mail address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

10. Changes to this Policy

LMD may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective.

We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.

11. Contacting Us

If you have any questions about this Privacy Policy, please contact us at:

Email: support@linkmydoctor.com

 

Effective Date: January 1, 2019

This Cookie Policy (this “Policy”) is part of and incorporates by reference all terms, conditions rules, policies, and guidelines on the Site, including the Terms of Service (the “Terms of Service”). Your use of the Site after the effective date will signify your acceptance of and agreement to this Policy. To the extent permitted by applicable law, we may modify this Agreement without prior notice to you, and any revisions to this Policy will take effect when posted on the Site, unless otherwise stated in the revised Policy. Please check the Site often for updates.

Capitalized terms not defined in this Agreement are defined in the User Agreement or in the other Terms of Service or have the meanings given such terms on the Site.

By using the Site, you agree that we can use the cookies described in this Policy. You can stop cookies by changing the settings in your browser (more information on how to do this is provided below).

1. What are cookies?

Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer or smartphone) when you visit a website. Cookies can be recognized by the website that downloaded them or other websites that use the same cookies. Cookies help websites know if the browsing device has visited the websites before.

2. What are cookies used for?

Cookies do lots of different jobs, like helping us understand how the Site is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience.

Cookies can also help ensure marketing you see online is more relevant to you and your interests.

3. What types of cookies does LMD use?

The type of cookies used on most websites can generally be put into one of five categories: Strictly Necessary, Performance, Functionality, Tailored Content, and Targeting. In order to provide you with the best browsing experience, LMD may use any or all of these categories on the Site. You can find out more about each cookie category in the sections below.

Strictly Necessary Cookies

These cookies are essential, as they enable you to move around the Site and use its features, such as accessing secure areas. Without these cookies, services you have asked for payment can't be provided.

Performance Cookies

These cookies collect information about how you use the Site, for example which pages you visit most often and if you get error messages from certain pages. These cookies don't gather information that identifies you. All information these cookies collect is anonymous and is only used to improve how the Site works.

Functionality Cookies

These cookies allow the Site to remember choices you make (such as your user name, language, and the region you are located in).

Tailored Content Cookies

Tailored content cookies help the Site provide enhanced features and display content in a way that is relevant to you. These cookies help the Site determine what information to show you based on how you have used the Site previously. These cookies do not track your browsing activity on other websites.

Targeting Cookies

These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They remember that you have visited a website, and this information may be shared with other organizations, such as advertisers. This means that, after you have been to the Site, you may see some advertisements about our services elsewhere on the Internet.

4. How long will cookies stay on my browsing device?

The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted. Scroll down to find which cookies used on the Site are session cookies and which are persistent cookies.

6. How to control and delete cookies through your browser

The browser you are using to view the Site can enable, disable, and delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help,” “Tools,” or “Edit” facility). Please note that if you set your browser to disable cookies, you may not be able to access certain parts of the Site (for example, posting a Link Request). Other parts of the Site may also not work properly. You can find out more information about how to change your browser cookie settings at

www.allaboutcookies.org.

8. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions, or need assistance, please contact Customer Support at:

Email: support@linkmydoctor.com

 

Effective Date: January 1, 2019

This Account Agreement (this “Agreement”) is a contract between you and LMD and, to the extent expressly stated in this Agreement. This Agreement governs your Account and related Site Services, and is part of and incorporates by reference all terms, conditions, rules, policies, and guidelines on the Site, including other Terms of Service (the “Terms of Service”). Your use of the Site after the effective date will signify your acceptance of and agreement to this Agreement. To the extent permitted by applicable law, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site, unless otherwise stated in the revised Agreement. Please check the Site often for updates. For purposes of this Agreement, LMD is sometimes referred to collectively as “we” or “us,” as applicable. Capitalized terms not defined in this Agreement are defined in the User Agreement or in the other Terms of Service or have the meanings given such terms on the Site.

1. Digital Signature

By electronically registering for an Account on the Site, you are deemed to have executed this Agreement electronically, effective on the date you register for your Account, pursuant to the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. §§ 7001 et seq.). Registering for an Account electronically on the Site constitutes your acknowledgement that you are able to electronically receive, download, and print this Agreement.

2. Consent to Use Electronic Records and Notices

In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Site Services, we ask that you give us permission to provide these records and notices to you electronically instead of in paper form.

Your consent and your right to withdraw consent

By registering for an Account on the Site, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services. Your consent to receive such records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will close your Account and you will no longer be able to use the Site Services.

Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

You must keep your email address current with us In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Site or by contacting Customer Support.

Hardware and software you will need To access and retain the records and notices we provide to you electronically, you must have: (i) a valid email address; (ii) a computer system that operates on a platform like Windows or Mac; (iii) a connection to the Internet; (iv) a Current Version Internet Explorer 8.0 or higher, Safari 5.0 or higher, or Chrome 17.0 or higher (users utilizing other browsers may experience compatibility difficulties); (v) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (vi) a computer or device and an operating system capable of supporting all of the above; and (vii) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version,” we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.

By accepting and agreeing to this Agreement electronically, you represent that (i) you have read and understand the foregoing consent to receive and notices electronically; (ii) you satisfy the minimum hardware and software requirements specified above; and (iii) your consent will remain in effect until you withdraw your consent as specified above.

3. Account Registration

To access the Site Services or become a Member, you must register for an Account with us (“Account”). You agree to provide true, accurate, and complete information to us and on all registration and other forms you access on the Site and to update such information to maintain its truthfulness, accuracy, and completeness. You must not provide misleading information about your location. You must not register for more than one Patient Account and one Provider Account without express written permission from LMD. Solely for purposes of the foregoing sentence, “You” means you and any entity directly or indirectly controlled by you. Upon Account registration, and from time totime thereafter, your Account may be subject to verification.

LMD offers the Site Services for your personal use. To register for an Account, you must be an individual 18 years or older who can form legally binding contracts. When you register for an Account, you also must accept all of the Terms of Service, including this Agreement. By registering for an Account, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Terms of Service and the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of Provider Services; and (c) perform your obligations as specified by any Member Contract that you accept, unless such obligations are prohibited by applicable law, by this Agreement, or by the other Terms of Service. LMD reserves the right in its sole discretion to refuse, suspend, or revoke your access to the Site Services upon discovery that any information you provided on any form or posted on the Site or otherwise provided to us is untrue, inaccurate, or incomplete, or otherwise violates the Terms of Service or for any other reason or no reason in LMD’s sole discretion.

4. Account Access

You agree to grant access to the Account only to Users authorized to act on your behalf and only in accordance with this Agreement. Additionally, you agree to be fully responsible and liable for any action of any other User who uses the Account. You agree (1) not to use any Account, username, or password of another User that you are not authorized to use, and (2) not to allow others who are not authorized to do so to use the Account at any time.

Your Account and username are not transferable.

5. Usernames and Passwords

When a Member registers an Account, the Member will be asked to choose a username and password for the Account.

You acknowledge and agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access your Account. You authorize LMD to assume that any person using the Site with your username and password ieither is you or is a User authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to or misuse of your password.

6. Payment Methods

In order to use certain Site Services, Members must provide account information for at least one valid Payment Method. Member hereby authorizes LMD to verify Member’s Payment Method information and store, or contract with a third-party to store, Member Payment Method information for future use as provided under this Agreement and our Privacy Policy. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

Members hereby authorizes LMD to authorize all credit cards provided by Member, to store credit card details as Member’s method of payment for Services, and to charge Member’s credit card (or any other Payment Method authorized by LMD or mutually agreed to between Member and LMD).

By providing Payment Method information through the Site, Member represents, warrants, and covenants that:

(a) Member is legally authorized to provide such information to us; (b) Member is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Member’s use of such Payment Method(s) or applicable law. When Member authorizes a payment using a Payment Method via the Site, Member represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.

To the extent any amounts owed under this Agreement cannot be collected from Member’s Payment Method(s), Member is solely responsible for paying such amounts by other means. To the extent permitted by applicable law, we reserve the right to seek reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement, (ii) discover erroneous or duplicate transactions, or (iii) receive any chargeback from the credit card company, bank, PayPal, or other Payment Method provided by you or otherwise in connection with your Member Contract. You agree that we have the right to obtain such reimbursement by charging your credit card or other Payment Method, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain reimbursement for chargebacks for which you received Site Services pursuant to the Terms of Service, we may, in addition to any other remedies available under applicable law, suspend or revoke your access to the Site Services and close your Account. If such a chargeback occurs, we may pursue all available remedies under applicable law, including, but not limited to:

(a) Close Member’s Account;

(b) Dispute or appeal the chargeback; and

(c) Seek reimbursement or institute collection action against Member for reimbursement of the amount charged back plus costs and expenses, including reasonable attorneys’ fees.

7. Payments to LMD

Paying LMD

Whenever a Member authorizes a payment to LMD, the Member automatically and irrevocably authorizes and instructs LMD to charge Member’s Payment Method for the amount of the payment.

No Return of Funds

If we have provided services in accordance with this Agreement, Member agrees not to ask its credit card company, bank, PayPal, or other Payment Method to charge back payment for any reason.

LMD Service Fees

If you are a Provider, you agree to pay LMD a Service Fee as per your Membership that LMD earns for creating, hosting, and maintaining the Site Services.

Miscellaneous Terms

No Third-Party Rights. This Agreement is intended solely for the benefit of Patient, Provider, LMD, and our and their respective permitted successors and assigns, and no other person or entity has or acquires any right by virtue of this Agreement unless otherwise expressly agreed to in writing by Patient, Provider, and LMD.

Successors and Assigns. This Agreement is binding upon and inure to the benefit of the successors and assigns of Patient, Provider, and us. However, we have no obligation to recognize any successor or assign of Patient or Provider unless we have received conclusive written evidence satisfactory to us of such succession or assignment.

8. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions, or need assistance, please contact Customer Support at:

Email: support@linkmydoctor.com 

Effective Date: January 1, 2019

When a Patient and a Provider enter an independent provider relationship, this Provider Services Agreement (this “Services Agreement”) will apply. Your use of the Site after the effective date will signify your acceptance of and agreement to this Services Agreement. To the extent permitted by applicable law, we may modify this Services Agreement without prior notice to you, and any revisions to this Services Agreement will take effect when posted on the Site. Please check the Site often for updates.

This Services Agreement incorporates all terms, conditions, rules, policies, and guidelines of the Site, including the Terms of Service (the “Terms of Service”). Capitalized terms not defined in this Services Agreement are defined in the User Agreement or in the other Terms of Service or have the meanings given such terms on the Site.

1. Services Agreement

Patient agrees to purchase, and Provider agrees to deliver, the Provider Services in accordance with this Services Agreement. Patient and Provider may agree to the terms of a Link Request or other contractual provisions uploaded to the Workroom that modify this Services Agreement

PATIENT AND PROVIDER IRREVOCABLY AGREE THAT ANY PART OF THEIR SERVICES AGREEMENT THAT CONFLICTS WITH OR PURPORTS TO MODIFY THE MANDATORY TERMS WILL BE NULL AND VOID WHILE THE OTHER PARTS OF THE SERVICES AGREEMENT WILL REMAIN VALID AND BINDING.

2. Responsibilities and Performance

Patient is responsible for specifying its Link Request, screening, engaging, accepting, and paying for Provider Services in accordance with the Services Agreement in a timely manner. Provider is responsible for the performance and quality of the Provider Services in accordance with the Services Agreement and providing the Provider Services in a professional manner, consistent with industry practice, at a location, place, and time that Provider deems appropriate.

Patient and Provider each covenants and agrees to act in good faith and deal fairly in the performance of the Services Agreement.

3. Duration of Services

The term of the Services Agreement commences and terminates on the dates specified in the Link Request terms, unless both Patient and Provider otherwise agree in the Workroom.

4. Independent Provider Relationship

Provider’s relationship with Patient will be that of an independent provider, and nothing in the Services Agreement will be construed to create a partnership, joint venture, or employer-employee relationship. Provider is not the agent of Patient and is not authorized to make any representation, contract, or commitment on behalf of Patient. Provider will choose the manner and means to perform the Provider Services. Provider, at its sole cost and expense, will maintain appropriate insurance in accordance with generally accepted industry standards.

Provider is solely and exclusively liable for complying with, and making all payments under, all applicable local, state, federal, and international laws, including laws governing self-employed individuals if applicable, such as laws related to payment of taxes, social security, disability, and other contributions based on fees paid to Provider under the Services Agreement. Neither Patient nor LMD will withhold or make payments for social security, unemployment insurance, or disability insurance contributions or obtain workers’ compensation insurance on Provider’s behalf. Provider hereby agrees to indemnify and defend Patient and LMD and our Affiliates against any and all such taxes or contributions, including penalties and interest. Provider will provide proof of payment of appropriate taxes on fees paid to Provider upon request of Patient or LMD.

6. Confidential Information

Provider agrees that during the term of the Services Agreement and thereafter, except as expressly authorized in writing by Patient, Provider (a) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in the Services Agreement; (b) will not disclose or permit others to disclose any Confidential Information to any third party without first obtaining Patient’s express written consent; and (c) will limit access to Confidential Information to Provider’s personnel who need to know such information in connection with providing the Provider Services to Patient.

“Confidential Information” means all information related to the Patient including, without limitation: (i) Patient medical records or medical history; (ii) Patient files, documents, reports, emails, Link Requests or any form of communication; (iii) Patient information regarding medications, therapy, or counseling; (iv) Patient medical test or test results; (v) information designated by Patient, either in writing or orally, as Confidential Information, (vi) the existence of any discussions, negotiations, or agreements between Patient and any third party; and (vii) all such information related to any third party that is disclosed to Patient or to Provider during the course of or in connection with the Link Request or pursuant to the Terms of Service.

7. Medical Appropriateness

Provider hereby represents and warrants that the Provider Services shall be medically appropriate and determined to be: (i) appropriate and necessary for the symptoms, diagnosis or treatment of the injury or disease; (ii) provided for the diagnosis or direct care and treatment of the injury or disease; (iii) preventative services; (iv) in accordance with commonly recognized and accepted medical standards; (v) an appropriate supply or level of care; (vii) within the scope of the medical specialty education and training of Provider; and (viii) provided in a setting consistent with the required level of care.

8. Provider Representations and Warranties

Provider hereby represents and warrants (a) the Provider holds the required professional licenses to provide the services of the Link Request and such licenses are in good standing; (b) will fully conform to the requirements and terms set forth in the Services Agreement; (c) Provider has full right and power to enter into and perform the Services Agreement without the consent of any third party; and (d) Provider will comply with all laws and regulations applicable to Provider’s obligations under the Services Agreement.

10. Termination

Termination with Cause

Either party has the right to terminate the Services Agreement immediately in the event that the other party has materially breached the Services Agreement and fails to cure such breach within 15 days of receipt of notice by the non- breaching party, setting forth in reasonable detail the nature of the breach. Patient may also terminate the Services Agreement immediately in its sole discretion in the event of Provider’s material breach of the sections titled “Confidential Information.”

Return of Property

Upon termination of the Services Agreement or upon Patient’s request at any other time, Provider will deliver to Patient all of Patient’s property together with all copies thereof, any other materials containing or disclosing any medical reports, studies, test results, files, or other Work Product that Patient has paid for, and Confidential Information.

Survival

In addition to the provisions of the Terms of Service that will survive, the following provisions will survive termination of the Services Agreement: sections titled, “Confidential Information,” “Provider Representations and Warranties,” “Indemnification,” “Return of Property,” “Survival,” “Exclusion and Limitations of Liability,” and “General Provisions.”

11. Multi-Employee or Multi-Provider

Before any of Provider’s employees, contractors, or agents perform services in connection with the Services Agreement or have access to Patient’s Confidential Information, the employees, contractors, and agents and Provider must have entered into a binding written agreement that contains provisions substantially equivalent to the sections titled “Confidential Information,” and any modifications thereto. Provider agrees (a) that its employees, contractors, and agents will not be entitled to or eligible for any compensation from Patient without the Patient’s written consent; (b) to limit access to the Confidential Information to those of its employees, contractors, and agents who have a reasonable need to have such access in order to perform the services pursuant to the Services Agreement ; and (c) to be solely responsible for all expenses incurred by any of its employees, contractors, and agents in performing the services or otherwise performing its obligations under the Services Agreement , except as set forth in this Services Agreement.

12. Disclaimer of Warranties

Other than the warranties expressly stated in this Services Agreement or other Terms of Service, Provider disclaims all other warranties, express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, arising by statute or otherwise in law or from a course of dealing or usage or trade.

Some states and jurisdictions do not allow for all the foregoing on implied warranties, so to that extent, if any, some or all of the above limitations may not apply.

13. Exclusions and Limitations of Liability

Except for a violation of section 6 titled “Confidential Information”, in no event will either Provider or Patient be liable to the other for any special, indirect, consequential, incidental, or punitive damages pursuant to the Services Agreement.

Notwithstanding any other provision of this Services Agreement, except for a violation of section 6 titled “Confidential Information”, in no event will either Provider or Patient be liable to the other for any action or claim related to the services provided for the Link Request, whether based on contract, tort, negligence or any other theory of liability, in an amount in excess of the amount Patient paid to Provider during the one-year period immediately preceding the determination of such liability.

Some jurisdictions do not allow for all the foregoing exclusions and limitations of liabilities, so to that extent, if any, some or all of these disclaimers, limitations, and exclusions may not apply to you.

14. General Provisions

Governing Law

This Services Agreement and any Claim or action related thereto will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG); provided, however, that any Claims made by any Member located within the United States will be governed by the law of the state in which such Provider resides or is legally organized. You agree that any Claim must be resolved as described in the subsections of the User Agreement titled “Informal Dispute Resolution” and “Mandatory Binding Arbitration and Class Action/Jury Trial Waiver.”

Severability

If any provision of the Services Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Services Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.

No Assignment

The Services Agreement, and the party’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by either party without the other’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of the Services Agreement will be binding upon assignees. Notwithstanding the foregoing, Provider may, without the consent of Patient, assign any rights and obligations under the Services Agreement to an entity merging with, consolidating with, or purchasing substantially all its assets or stock. Any permitted assignment of the Services Agreement will be binding upon and enforceable by and against Provider’s successors and assigns, provided that any unauthorized assignment will be null and void and constitute a breach of the Services Agreement.

Notices

Each party must deliver all notices or other communications required or permitted under the Services Agreement to the other party by uploading them to the Workroom.

Injunctive Relief

Provider acknowledges that, because its services are personal and unique and because Provider will have access to Confidential Information of Patient, any breach of the Member Contract by Provider would cause irreparable injury to Patient for which monetary damages may not be an adequate remedy and, therefore, will entitle Patient to injunctive relief (including specific performance). The rights and remedies provided to each party in the Services Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

Waiver

Any waiver or failure to enforce any provision of the Services Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

Execution and Delivery; Binding Effect

The parties will evidence execution and delivery of the Services Agreement with the intention of becoming legally bound by accepting the Terms of Service on the Site.

Entire Agreement

The Services Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters. No modification of or amendment to the Services Agreement, or any waiver of any rights under the Services Agreement, will be effective unless uploaded to the Workroom and accepted by Provider and Patient.

15. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions, or need assistance, please contact Customer Support at:

Email: support@linkmydoctor.com

 

Effective Date: January 1, 2017

This Provider Membership Policy (this “Policy”) is part of and incorporates by reference all terms, conditions rules, policies, and guidelines on the Site, including the Terms of Service (the “Terms of Service”). Your use of the Site after the effective date will signify your acceptance of and agreement to this Policy. To the extent permitted by applicable law, we may modify this Policy without prior notice to you, and any revisions to this Policy will take effect when posted on the Site, unless otherwise stated in the revised Policy. Please check the Site often for updates.

Capitalized terms not defined in this Policy are defined in the User Agreement or in the other Terms of Service or have the meanings given such terms on the Site.

1. Provider Membership Program

LMD offers a Provider membership program for individual Providers. Only one Provider may be associated with an Account. You may register as an individual provider and invoice under the name of your practice or organization name, however, if your organization consists of more than one Provider, each Provider must establish an individual account.

There is no membership fee to join and use our Site, however, we reserve the right change our membership program, including, but not limited to, to charging membership fees and instituting new fees at any time, upon reasonable notice posted in advance on the Site. If LMD exercises our right to cancel a membership at any time, LMD will not refund the membership fee already paid.

Automatic Membership Renewal

LMD automatically renews your Provider membership on a monthly basis.

Membership Cancelation

You may cancel your membership at anytime. Upon cancelation we will close your Account and you will no longer be able to use the Service. If you would like us to cancel your membership, you can do so through the Site when logged in by visiting Manage/Membership and checking the box for close my account. Information and activity present in your account prior to your cancellation will continue to exist on the Service even if you close your account including Patient activity in your Workrooms, Link Request files, messages, and other communication. In addition, your activity and provider information will persist on our systems, servers, databases, and Patient accounts for administrative purpose.

2. Responding to Link Requests

You agree to follow these guidelines when you respond to and accept a Link Request:

• Only accept Link Requests that you are qualified, experienced, and professionally licensed to perform and you can complete within Patient’s time frames.

• Assist Patients, when possible, in clarifying their needs such that they can submit Link Requests that accurately reflect the best scope of services.

• Specify how changes to the Link Request will affect the agreed price and terms of the service and obtain Patient consent before modifying the services, price or Patient liability.

• Respond to Link Request with a reasonable and fair counter-offer for the proposed service.

• Submit a Follow-up when needed to continue treatment of Patient inclusive of any changes to price or service.

• Not to accept proposals with the intent to commit fraud or violate the Terms of Service.

3. Fulfilling a Link Request

When you are awarded a Link Request by a Patient, you agree that you will:

• Log onto the Site to manage the Link Request and use the Workroom to maintain an electronic record of all written communication between you and Patient.

• Use the Workroom to record messages, schedule appointments, exchange files and documents, and maintain an ongoing Patient relationship.

• Transcribe relevant emails, instant messages, and telephone or in-person conversations between you and Patient into the Workroom to maintain a record of what is agreed.

• Inform Patient if an agreed fee cannot be honored, offering the Patient an opportunity to cancel the Link Request.

• If you are unable to complete the Link Request, alert the Patient of the situation and offer an alternate appointment date.

• Respond promptly, within one Business Day, to all Link Request-related communication from Patients.

4. Audit Provisions and Record Keeping

For each Patient, you agree to keep and maintain complete and accurate records as required by law related to the Provider Services that you perform for Patient, including the service description, agreed price, payment terms and information on all repeat or follow-on Provider Services performed.

5. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions, or need assistance, please contact Customer Support as follows:

Email: support@linkmydoctor.com

 

Effective Date: January 1, 2019

This Site Usage Policy (this “Policy”) is part of and incorporates by reference all terms, conditions, rules, policies, and guidelines on the Site, including the Terms of Service (the “Terms of Service”). Your use of the Site after the effective date will signify your acceptance of and agreement to the terms of this Policy. To the extent permitted by applicable law, we may modify this Policy without prior notice to you, and any revisions to this Policy will take effect when posted on the Site, unless otherwise stated in the revised Policy. Please check the Site often for updates.

Capitalized terms not defined in this Policy are defined in the User Agreement or in the other Terms of Service or have the meanings given such terms on the Site.

1. Communication

You are required to log into the Site to communicate about Link Requests and use the Workrooms to maintain an electronic record of all written communication, including clarifications and agreements around service, appointments, and fee. You must transcribe into the Workroom all relevant emails, messages, and telephone or inperson conversations between Patient and Provider to maintain a record. If there is a dispute related to a Link Request, all written communications in the Workroom for such Link Request, including the Link Request posting, messages, and any communications transcribed to the Workroom will serve as the record for resolution of the dispute.

LMD provides a designated space in the Provider Account profile to enter email address and telephone number.

Providers must not enter contact information or solicit private communications in public messages, or sections of their Account profile outside of the designated contact information fields.

2. Posting Information and Content

You agree to provide true, accurate, and complete information whenever you post any information or content on the Site (including, but not limited to, posting a Link Requests for Provider Services and posting your profile). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks, or other content regarding other Users, Members, Patients, Providers, LMD, or any other third party.

You understand that you may be held legally responsible for damages suffered by other Users, Members, Patients, Providers, LMD, or other third-parties as a result of legally actionable or defamatory comments, remarks, or other information or content that you post to the Site. Under federal law (specifically, the Communications Decency Act of 1996), LMD is not legally responsible for any remarks, information, or other content posted or made available on the Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. LMD is not responsible for, and does not monitor or censor, content posted on the Site for accuracy or reliability. LMD reserves the right to remove or restrict access to any information, content, or Link Requests posted or made available on the Site in our sole discretion, if ordered to do so by a court, or if LMD considers such information or content to be in violation of the Terms of Service.

3. Thumbnail Images and Profiles

You may post a thumbnail image on the Site to accompany your Account profile. All thumbnails must follow these common guidelines:

• The image must be a portrait that is a truthful representation or you (i.e., no stock photos, fakes, or logos).

• The image must be professional.

• Please upload .jpg, .jpeg, or .gif files (40x50 pixels). Animated .gif files are not allowed.

• The thumbnail may be left blank.

• Group photos are not acceptable. Please remove other individuals from the image.

• Very small images are not acceptable. You must be identifiable in the image.

If you are a group Member, then in addition to the common guidelines above, your thumbnail image also must follow these guidelines:

• The image may be a logo, a portrait of you or your company, or a relevant piece of your work.

4. Prohibited Site Activities

You agree NOT to do any of the following on the Site:

• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than your own User Content) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of LMD and the appropriate third party, as applicable.

• Post false or misleading information about yourself.

• Post logos, seals, or slogans from third parties on the Site unless such material is provided by LMD or a third-party designated by LMD or you have received express written permission from LMD to display such third-party logo, seal, or slogan.

• Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory, or disparaging.

• Post or transmit unprofessional or offensive comments about a User, Member, Provider, Patient, LMD, or any third party.

• Suggest or solicit another User to contact you directly in order to buy or sell services outside of LMD.

• Tamper with postings of other Users, Members, or LMD.

• Solicit or gather any User’s or Member’s information available from the Site, such as other usernames and email addresses, for any purpose other than to use the Site Services in accordance with the Terms of Service.

• Impersonate or misrepresent your affiliation with any person or entity.

• Repeat any action after you receive warning or request to desist from LMD, whether or not that action is explicitly prohibited in the policies stated on the Site.

• Fail to respond to an email from LMD regarding violation, dispute, or complaint within two Business Days of when LMD sent such email.

• Use the Site if you are not able to form legally binding contracts, are under age 18, or are temporarily or indefinitely suspended from accessing the Site, or if you do not have authority to accept the User Agreement on behalf of a Member for whom you are accessing the Site.

• Select a Patient or engage a Provider on the basis of religion, sex, or race.

• Violate a request by LMD to not post Link Requests deemed by LMD, in our sole discretion, to be contrary to the interests of the Site or the User community.

5. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions, or need assistance, please contact Customer Support as follows:

Email: support@linkmydoctor.com

 

Effective Date: January 1, 2019

This Patient Posting Policy (this “Policy”) is part of and incorporates by reference all terms, conditions, rules, policies, guidelines on the Site, including the Terms of Service (the “Terms of Service”). Your use of the Site after the effective date will signify your acceptance of and agreement to this Policy. To the extent permitted by applicable law, we may modify this Policy without prior notice to you, and any revisions to this Policy will take effect when posted on the Site, unless otherwise stated in the revised Policy. Please check the Site often for updates. Capitalized terms not defined in this Policy are defined in the User Agreement or in the other Terms of Service or have the meanings given such terms on the Site.

1. Posting a Link Request

As a Patient, when posting Link Requests and engaging Providers you agree to abide by the following guidelines:

• Post Link Requests only for yourself and those family members who are included in your account.

• Not to submit unreasonably low price Link Requests or test Link Requests. If you are not sure what type of service to request, submit a Link Request for an initial consultation.

• Not to submit Link Requests with the intent to commit fraud or violate the Terms of Service.

• Evaluate Providers based on experience, education, certifications, location, and cost.

• Once you have awarded a Link Request to a Provider, log into the Site to manage the Engagement and use the Workroom to communicate with your Provider.

2. Prohibited Link Requests Postings

You agree NOT to do the following when you post a Link Request or transmit information on the Site:

• Post any Link Request, submit any Link Request, or otherwise use the Site to transmit any content or conduct any transaction that would violate any applicable law or regulation.

• Post any Link Request that is fake, posted without the intention to engage a Provider or complete the Engagement, or posted only to receive pricing information.

• Post any Link Requests for individuals who are not listed in your account.

• Post any Link Request that requests free services other than as provided for in the Site. 

• Post any Link Requests or deliver or transmit any content related to or containing any adult or sexually explicit material.

• Post any Link Request related to bulk email or spam, including, but not limited to, bulk email hosting, scripts, active code, programs, proxies, lists, and relay servers.

3. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions, or need assistance, please contact Customer Support at:

Email: support@linkmydoctor.com

 

Effective Date: January 1, 2019

Code of Conduct

The LMD Code of Conduct requires our Members to adhere to policies established to make LMD a secure and safe place. Our key provisions of the Code of Conduct are shown below.

Policies for Patient Members

Accurate and Truthful Information

LMD requires that Patient Members use their true identity and provide accurate information when establishing an account. To create an account and access our site services, you are required to provide truthful information as prompted by the registration and profile forms.

Minimum Age

You must be an individual 18 years or older to establish an account.

True Identity

All provided information must be accurate. LMD reserves the right to ask for additional details to verify the account.

You must use your own legal name.

You must use your own contact information.

Patient Members may only have one account.

Profile Photos

You may post a photo thumbnail image of yourself and family members on the Site to accompany your profile. All thumbnails photos must follow these common guidelines:

You must use an accurate image of yourself or your family member.

Uploaded image must be .jpg, .jpeg or .gif format. (Animated .gif files are not allowed).

The image may be left blank.

Account Use

LMD expects that the individual identified in the account will be the one who utilizes the account. Every account has the ability to add family members such that an account holder can manage family members through one account.

Verification of Information

LMD reserves the right to ask for verification details at any time. If you are unable to provide the appropriate verification information, your account can be subject to termination.

Profile Identity

LMD requires that all Members establish and maintain a profile true to their real identity. To become a Patient and access site services, you must provide true, accurate and complete information as prompted by the registration form and to update this information to maintain its truthfulness, accuracy and completeness. Below are more details regarding our policies for Patient profiles.

Who can establish a Patient account?

In order to establish a LMD account, you must be an individual, 18 years or older, and able to form legally binding contracts.

What identity information must be supplied to set up an account?

The following rules apply to all Patients. All provided information must be accurate and LMD reserves the right to ask for additional details to verify the account.

You must use your own legal name.

You must use your own contact information.

Patients on LMD may only have or be listed under one Patient account.

What is the thumbnail policy?

You may post a thumbnail image on the Site to accompany your profile and those of your family members.

All thumbnails must follow these common guidelines:

The image must be of the Patient or account holder.

The image must be accurate.

Uploaded image must be .jpg, .jpeg or .gif format. Animated .gif files are not allowed).

The thumbnail may be left blank.

Can Patient accounts be shared?

LMD expects that the Individual identified in the account will be the one who utilizes the account. Every account has the ability to add family members consisting of a spouse and children. LMD accounts cannot be transferred or sold to other users.

What content is prohibited in the Patient account?

A Member profile cannot contain any of the following:

Any contact details outside of the Site (ex: website URL, email address).

Reference to another Member's name in a way that misleads or falsely implies a relationship with

that Member.

Can LMD require that I provide additional information to verify my information?

Yes, LMD reserves the right to ask for verification details at any time. If you are unable to provide the appropriate verification information, your account can be subject to penalty up to and including termination.

Link Requests

LMD requires that each Link Request posted conform to the medical specialties and corresponding services as formatted on the Site. These formatted specialties and services are critical to maintaining the structure and operation of the Site. LMD reserves the right to review Link Requests and take action including removal of the Link Request post and termination of the account.

What types of Link Requests are prohibited?

Certain Link Requests are prohibited from being posted on LMD:

Link Requests that are posted without the intention to award or complete the engagement.

Link Requests that act as advertisements for a business or services.

Link Requests posted only to receive fee information.

Link Requests that violate the Terms of Service of another company or entity.

Link Requests that transmit any content related to or containing any adult or sexually explicit material

Link Requests that request interested Providers to contact the Patient off the LMD platform via email, website, phone, etc.

Link Requests related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.

What types of Link Request payment structures are permitted?

LMD only allows Link Requests that are structured in accordance with the pre-set options offered on the Site.

Policies for Provider Members

Accurate and Truthful Information

LMD requires that all Provider Members establish and maintain a professional profile true to their real identity. To become a Provider and access site services, you must upload a copy of your professional licenses and provide true, accurate and complete information as prompted by the registration form and update this information to maintain its truthfulness, accuracy and completeness. Below are more details regarding our policies for Freelancer profiles.

Who can establish a Provider account on LMD?

Providers on LMD must be a licensed medical professional holding the necessary licenses and permits required to operate and perform the services in their stated location. Provider must be an individual, not a group, and must be the sole Provider associated with the Provider account. Multiple Providers may not share an account. A Provider may operate as a legally formed entity or as an individual practice.

What identity information must be supplied to set up an account?

The following rules apply to all Providers. All provided information must be accurate and LMD reserves the right to ask for additional details to verify the account.

You must use your own legal name and the legal name of your practice.

You must use the contact information of your practice.

The Provider location information must identify where the service is performed.

Providers may only have a total of one Provider account and one Patient account.

Providers cannot use LMD’s name in the profile name (ex: LMD Provider).

What is the thumbnail policy for Providers?

Provider may post a thumbnail image on the Site to accompany your profile. All thumbnails must follow these common guidelines:

The image must be a real photo of Provider.

Avatars, stock photos, fakes, logos, group photos, or any image other than an accurate photo of Provider will not be accepted.

Uploaded image must be .jpg, .jpeg or .gif format. (Animated .gif files are not allowed).

Group photos are not acceptable.

Very small images are not acceptable. You must be identifiable in the image.

The thumbnail may be left blank.

Can Provider accounts be shared?

Only the Provider associated with the account shall perform the services.

Provider accounts cannot be shared between Providers.

Provider accounts cannot be transferred or sold to other Providers.

Provider employees cannot share or transfer log-in credentials.

What content cannot be included in the Providers account profile?

A Provider profile cannot contain any of the following:

Any contact details (ex: non-LMD website URL, email address).

Offers to contact the Provider outside of the LMD site.

Offers to provide free services.

Offers to provide services that are against the Terms of Service of LMD.

Any text that is copied from another Provider’s profile.

Reference to another Provider in a way that misleads or falsely implies a relationship with that Provider.

Can LMD require that I provide additional information to verify my information?

Yes, LMD reserves the right to ask for verification details at any time. If you are unable to provide the appropriate verification information, your account can be subject to penalty up to and including termination.

Reporting Code Violations

Maintaining safety and integrity is our highest priority. While we have internal mechanisms and support personal to monitor activity we also rely on vigilant Members to help keep LMD safe. Members can do their part by reporting inappropriate conduct or abuse on LMD.

How do I report violations?

LMD offers quick and easy ways for Members to report Code of Conduct violations. Member reports are treated as confidential, except where violations occur as part of a specific Provider-Patient interaction (ex: using profanity in a Workroom).

To report a possible Patient violation, use the Report Violation link at the bottom left of the Patient profile (this feature will be implemented soon).

To report a possible Provider profile violation, use the Report Violation link at the bottom of the detailed Provider profile (this feature will be implemented soon).

Until the above mentioned Report Violation links are implemented or to report any other types of violations, please email support@linkmydoctor.com.

Will the person I report know I reported them?

When addressing policy concerns with Providers and Patients, we will never share disclose information about the reporter.

Will LMD update me on the results of my report?

In order to respect the privacy of all users, we will not discuss any aspects of another user's account. As such, we will not update reporters on the result of investigations or the status of another user's account after a violation report has been submitted.