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Terms of Use
- These terms and conditions of use ("Terms of Use") govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Max365, Inc., including the https://www.max365.com website and subdomains (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. Max365, Inc. (“Max365”, “we,” “us,” and “our”) and our subsidiaries and affiliates contract with third parties to enable online telehealth medical consultations and secure messaging between physicians (individually “Provider” and collectively “Providers”) and their patients. (See Section 19 for supplemental terms applicable to Providers.) The professional medical services (which are provided by third-party Providers) and the non-clinical Site services (which are provided by Max365) are collectively referred to in these Terms of Use as the "Services". The terms "you" and "your" refer to you, your dependent(s) if any, and any other person accessing your Max365 Account.
- Your acceptance of and compliance with these Terms of Use is a condition for using the Site, Services, and purchasing Products. By clicking “accept,” you acknowledge that you have read, understood, and accepted all the terms and conditions within the Terms of Use, HIPAA Authorization, and Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; please promptly exit the Site.
- Binding Arbitration
These Terms of Use provide that all disputes between you and Max365 that relate in any way to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms of Use. Your rights will be determined by a neutral arbitrator, not a judge or jury, and your claims cannot be brought as a class action. Please review the Section below titled "Dispute Resolution; Arbitration Agreement" for details regarding your agreement to arbitrate disputes with Max365.
1. Privacy Practices
You agree that the information you provide in connection with the Services and Site will be governed by the Max365 Privacy Policy, which is hereby incorporated into and made a part of these Terms of Use. You also agree that any information provided by you in connection with the Services will be governed by the Privacy Policy of any Provider you are connected with, and this is also incorporated into these Terms of Use.
2. Services Provided
We provide an online communication platform to connect Providers with their patients via the Site through synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
Max365 does not provide medical advice or care. Max365 contracts with Providers who offer clinical telehealth services through the Max365 platform. Providers are independently contracted or employed by parties other than Max365 and are not contracted or employed by Max365. The Providers, not Max365, are responsible for the quality and appropriateness of the care they provide to you.
Providers are independent of Max365 and use the Site solely as a communication tool. Any information or advice you receive from a Provider comes from them alone and not from Max365. Your interactions with Providers through the Site are not intended to replace your existing relationships with healthcare practitioners or your primary care physician. Neither Max365, nor any of its subsidiaries, affiliates, or any third party promoting the Site or Service, shall be liable for any professional advice obtained from a Provider via the Site or Service. Max365 does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. Your reliance on any Provider or information provided by them via the Site or Service is at your own risk.
Max365 does not make any representations or warranties regarding the training or skill of any Providers delivering services via the Site. You are responsible for your decision to engage with your assigned Provider.
The Site’s content and the Services, including text, audio, video, images, and other visuals, are for informational purposes only. They do not constitute professional medical advice, diagnosis, treatment, or recommendations by Max365. Always seek advice from qualified healthcare professionals for any questions or concerns regarding your medical conditions. Max365 does not provide medical services; the doctor-patient relationship is solely between you and the Provider assigned to you.
2.1 Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 9-1-1 IMMEDIATELY. Max365's Site and Services are not intended for emergency or urgent medical situations. You should not delay seeking medical advice based on anything you see on the Site. If you believe you are experiencing an emergency, call 9-1-1. Continue to consult your primary healthcare provider or other healthcare professionals as recommended. Always seek professional advice before modifying, starting, or stopping any treatment.
2.2 Risks of Telehealth Services
By using the Services, you acknowledge the risks associated with telehealth services, including those described in the Max365 Telehealth Consent. Risks include, but are not limited to, insufficient information for appropriate medical decision-making, delays in evaluation or treatment due to electronic equipment failures, and the potential for security breaches.
2.3 Prescription Policy
Max365 and Providers do not endorse any specific medication or product. If a Provider prescribes medication, it will be based on state regulations and the Provider's professional judgment. There is no guarantee that a prescription will be provided. Providers do not prescribe DEA-controlled substances or certain other medications. Providers may deny care if misuse of the Services is suspected.
Prescriptions are intended solely for your personal use. You agree to read all product information and labels and contact a physician or pharmacist with any questions. Max365 honors patient freedom of choice, and you can direct Max365 to transmit prescriptions to a pharmacy of your choice.
2.4 Not an Insurance Product
Max365 and Providers are not insurers. The Services are not insurance products, and payments made to Max365 or Providers are not insurance premiums. If you seek health insurance, you must purchase it separately.
3. Availability of Services
Max365 and Providers operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Ownership Of The Site And Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of Max365, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. All rights not expressly granted to you in these Terms of Use are reserved and retained by Max365 or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Max365. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Max365 without express written consent. You may not use any meta tags or any other "hidden text" utilizing Max365’s name or trademarks without the express written consent of Max365. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site, may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Max365. You may not frame or utilize framing techniques to enclose or deep-link to any name, trademarks, service marks, logo, content, or other proprietary information (including images, text, page layout, or form) of Max365 without our express written consent.
5. No Users Under 18 Years Old
The Site and Services are only for users who are at least 18 years old. If you are under 18, please do not attempt to register with us on this Site or provide any personal information about yourself. If we learn that we have collected personal information from someone under 18, we will promptly delete that information.
6. Accuracy of Information; Functionality
Although Max365 attempts to ensure the integrity and accuracy of the Site and product descriptions, it makes no representations, warranties, or guarantees as to the correctness or accuracy of the Site, product descriptions, and other content. The Site could contain typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, or alterations could be made by third parties. If an inaccuracy arises, please inform Max365 so it can be corrected. If a product described on our Site is not as described when received, or the packaging does not match the product, your sole remedy is to return it to us in unused and undamaged condition. Information on the Site may change without notice. Max365 has no responsibility for third-party content on the Site. Max365 and Providers reserve the right to operate, withdraw, or discontinue any functionality or feature of the Site or Services. We are not responsible for transmission errors or maintaining information arising from use of the Site or Services and reserve the right to maintain, delete, or destroy communications or information posted or uploaded in accordance with our internal policies.
7. Links to Other Sites
Max365 makes no representations about any other website you may access through this Site. When you access a non-Max365 site, it is independent of Max365, and Max365 has no control over its content. A link to a non-Max365 website does not mean that Max365 endorses or accepts responsibility for the content. You are responsible for ensuring that anything you select for download is free of viruses or other destructive elements. Accessing any third-party sites linked to this Site is entirely at your own risk.
8. User Information
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials (“User Information”) to us or our Site, you agree not to provide User Information that is false, inaccurate, defamatory, abusive, unlawful, or harmful, or that could violate any person’s intellectual property rights. You agree not to contact other users through unsolicited means. You represent and warrant that you have the legal right to provide all User Information to Max365 and Providers as required. You agree not to use the Site unlawfully, impersonate anyone, tamper with the Site’s functionality, or transmit harmful software. Max365 reserves the right to delete any fraudulent or abusive information and to defend, indemnify, and hold harmless Max365 and Providers from third-party claims arising from User Information.
9. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures below. Max365 respects the intellectual property rights of others and will respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA).
10. Intellectual Property
With the exception of your electronic medical record, Max365 and Providers retain all rights to the Site, Services, and any associated intellectual property. You agree not to store, copy, modify, or redistribute Max365’s trademarks, logos, or proprietary content without prior written permission.
11. Disclaimer of Warranties
MAX365 DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING CONTENT AND SERVICES, IS PROVIDED "AS IS" WITH NO WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND RELATED SERVICES.
12. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, MAX365 SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF PROVIDERS OR THIRD PARTIES MENTIONED ON THIS SITE, NOR FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR SERVICES.
13. No Third Party Rights
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Max365, Max365’s affiliates, and Providers. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Max365, Max365’s affiliates, and Providers, nor shall any provision give any third parties any right of subrogation or action over against you, Max365, Max365’s affiliates, and Providers.
14. Assignment
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Max365’s prior written consent. Max365 may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
15. Dispute Resolution; Arbitration Agreement
We will try to work in good faith to resolve any issue you have with the Site, including Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Max365 agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court; however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Max365 are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Max365.
16. Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
17. Indemnification
You agree to defend, indemnify, and hold harmless Max365, Providers, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Max365, or any Provider, or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, or Services or any information on the Site, including without limitation, infringement of third-party intellectual property rights, privacy rights, or negligent or wrongful conduct.
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