DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.
In addition, the Services include a modality whereby you will be able to provide feedback regarding your satisfaction with the Services. Unless you specifically request otherwise, we reserve the right to anonymously post such feedback on our website and/or in our marketing materials; however, your identity will be kept confidential and will not be disclosed in any manner, nor will we post any comments/feedback that can be used to identify you. By using the Services, you consent to the anonymous posting of such feedback.
II. Account Enrollment
To access the Services, you must first establish an individual user account ("Account") by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself. You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed. The following conditions apply to the Services/your eligibility for enrollment:
1. Cash-Based Practice Only
FreshMed is a cash-based practice and does not accept insurance. Because FreshMed does not participate in any health insurance plans, or accept insurance payments, you will be solely responsible for payment of all fees associated with the Services. If requested, FreshMed will supply an invoice after your appointment, which then can be submitted by you to your insurance carrier. This invoice is not a guarantee that you will be reimbursed for services.
2. Medicare and Medicaid Beneficiaries are Ineligible
FreshMed does not provide fee for service consultations to Medicare or Medicaid beneficiaries, and Medicare or Medicaid beneficiaries are ineligible to use the Services. By using the Services, you certify that you are not a Medicare or Medicaid beneficiary. If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, FreshMed reserves the right to terminate all current or future use of the Services by you.
3. Must be Physically Located in South Carolina
The Services are only available to patients who are physically located in South Carolina when the Services are provided. To be eligible for the Services, you must hereby certify that you are physically located in South Carolina. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that FreshMed is relying upon this certification in order to interact with you. In The Event That Your Certification Is Inaccurate, You Agree To Indemnify Freshmed And Its Providers From Any Resulting Damages, Costs, Or Claims.
III. Prohibited Conduct
We give you permission to display, download, store and print the content only for your personal use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Services (excluding, in your discretion, your own personal information).You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
- Transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
- Transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
- Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
- Engage in unauthorized spidering, "scraping", or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services;
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
IV. Collection Of Technical Information
We, or our third-party service providers, may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information. We or our third-party service providers may also automatically collect certain location information when you use our Services, such as your computer's IP address, your mobile device's GPS signal, or information about nearby WiFi access points and cell towers.
We may also collect technical data to address and fix technical problems and improve our Services, including the memory state of your device when a system or app crash occurs while using our Services. Your device or browser settings may permit you to control the collection of this technical data. This data may include parts of a document you were using when a problem occurred, or the contents of your communications. By using the Services, you are consenting to the collection of this technical data.
We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
Areas of our platform may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any medical or other information contained therein. We encourage you to read the terms and conditions, data-gathering practices, and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.
V. Intellectual Property Rights
The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to FreshMed or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of FreshMed or any third party.
VI. Disclaimer Of Warranties; Limitation Of Liability
Access To Freshmed's Telemedicine Platform And The Information Contained Therein Is Provided "As Is" Without Warranties Of Any Kind, Either Express Or Implied, Including Without Limitation Warranties Of Title, Merchantability, Fitness For A Particular Purpose, Non-infringement, Or Other Violation Of Rights. We Do Not Warrant That The Functions Provided Will Be Uninterrupted, Virus-free, Or Error-free. We Expressly Disclaim Any Liability For Any Errors Or Omissions In The Content Included In The Telemedicine Services Or Any Third-party Sites Linked To Or From The Services. Some Jurisdictions May Not Allow The Exclusion Of Implied Warranties, So Some Of The Above Exclusions May Not Apply To You.
In No Event Will We, Or Our Licensors, Suppliers And Their Directors, Officers, Affiliates, Subcontractors, Employees, Agents, And Assigns Be Liable For Any Direct Or Indirect, Special, Incidental, Consequential Or Punitive Damages, Lost Profits, Or Other Damages Whatsoever Arising In Connection With The Use Of The Telemedicine Services, Any Interruption In Availability Of The Services, Delay In Operation Or Transmission, Computer Virus, Loss Of Data, Or Use, Misuse, Reliance, Review, Manipulation, Or Other Utilization In Any Manner Whatsoever Of The Telemedicine Services Or The Data Collected Through The Services, Even If One Or More Of Them Has Been Advised Of The Possibility Of Such Damages Or Loss. Because Some Jurisdictions Do Not Allow The Exclusion Or Limitation Of Incidental Or Consequential Damages, Freshmed's Liability In Such Jurisdictions Shall Be Limited To The Maximum Extent Permitted By Law.
VII. Password Security
You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
VIII. Payment Authorization
When scheduling a visit, you will be required to provide a credit card or other payment method accepted by FreshMed ("Payment Method"). By providing a Payment Method, you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. If you choose to cancel your scheduled appointment, you must do so at least 24 hours in advance of the scheduled appointment time. You will be charged the full fee for the Services if you fail to cancel your scheduled appointment within 24 hours of the scheduled appointment time.
You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify FreshMed of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to fees that are associated with the Services provided to you.
You Agree To Indemnify, Defend And Hold Us And Our Parents, Subsidiaries, Affiliates, Licensors, Suppliers And Their Directors, Officers, Affiliates, Subcontractors, Employees, Agents, And Assigns Harmless From And Against Any And All Loss, Costs, Expenses (Including Reasonable Attorneys' Fees And Expenses), Claims, Damages And Liabilities Related To Or Associated With Your Use Of The Services And Any Alleged Violation By You Of These Terms. We Reserve The Right To Assume The Exclusive Defense Of Any Claim For Which We Are Entitled To Indemnification Under This Section. In Such Event, You Shall Provide Us With Such Cooperation As We Reasonably Request.
X. Choice Of Law And Forum
The Services are intended for use by residents of the State of South Carolina. We do not intentionally provide access to the Services to individuals located outside of South Carolina. You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the State of South Carolina without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a court located in Charleston, South Carolina, unless agreed upon otherwise by all parties.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
FreshMed Refund Policy
It is the policy at FreshMed that payment is required prior to receiving services. Refund requests will not be accepted if received less than 24 hours in advance. All requests for refunds must be made in writing through your patient portal. If you purchased labs and labs have not yet been returned to the lab facility, you may request a refund for the cost of the labs. Any refunds will be credited back to your account in 7-10 days following the request, and according to your card issuer’s policies. If labs have already been completed, no refunds will be issued.
Consent To Treatment
This consent provides us with your permission to perform reasonable and necessary medical examinations, testing, and treatment. By signing below, you are indicating that:
1. You consent to treatment by this office.
2. You intend this consent to remain effective after a specific diagnosis has been made and treatment recommended.
The scope of care will be at the sole discretion of the Provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. You have the right at any time to discontinue services. The Provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter. You have the right to discuss the treatment plan with your physician, including the purpose, potential risks, and benefits of any test, treatment, or recommended course of action. If you have any concerns regarding any test or treatment recommend by your health care provider, we encourage you to ask questions.
Patient statement of consent: "I voluntarily request the health care provider(s) at FreshMed to perform reasonable and necessary medical examination, testing, and treatment for the condition which has brought me to seek care at this practice. I certify that I have read and understand the above statements and consent fully and voluntarily to them."
Consent To Telehealth Services
For convenience of accessing care, FreshMed LLC offers remote telehealth consultations between patients and clinicians via a secure video platform. Additionally, your healthcare provider may consult with other providers or specialists remotely about your care via video or phone. Please carefully review this form and indicate your acceptance below.
Potential benefits of telehealth include:
- Convenience in accessing your providers from your home or another location.
- Protection against the transmission of communicable illnesses between yourself and other patients and clinic staff.
- Improvements to the quality of care when your clinician can consult with other providers as needed.
- Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.
- Security protocols could fail, causing a breach of privacy of personal medical information.
- Lack of access to complete medical records of your regular primary care provider and/or other providers may result in adverse drug interactions or allergic reactions or other negative outcomes.
- We take strong precautions to safeguard the privacy of your protected health information (PHI), including using only HIPAA-compliant platforms for telehealth. Nevertheless, there is an unavoidable risk of unauthorized access when sending/ receiving PHI electronically (for example, via a video feed). You are solely responsible for ensuring privacy and confidentiality on your side - by conducting the visit in a private space where others cannot overhear and cannot see private information on the screen. We do not record (voice or video) telehealth consultations, but FreshMed will retain a medical record of care in its secure electronic health records system.
- I have read this form - or had it read and explained to me - in full. I fully understand its contents, including the risks, benefits, and alternatives.
- I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.
- I understand that my healthcare information may be shared with others (including health care providers and health insurers) for treatment, payment, and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others and with me.
As with any medical procedure, there are potential risks associated with the use of telemedicine. Inherent in the use of telehealth are technological risks of disruption to the call or video connection and other technical difficulties. You or the Provider may discontinue the telehealth consultation if either of you determine that technical difficulties are too disruptive to continue.
Other risks associated with receiving the Services via telemedicine may include, without limitation, the following:
Some visits - specifically, those that require the clinician to be physically present with you - are not suitable for telehealth. Telehealth is not a substitute for emergency care.
If you need emergency or urgent care, call 911 or go to the nearest urgent care facility.
By accepting these Terms, you acknowledge that you understand and agree with the following: