Terms and Conditions

Doc2Go Web And Mobile Terms And Conditions

Effective: January 1, 2019

Doc2Go, on its own behalf and on behalf of its affiliates including but not limited The MetroHealth System (collectively referred to as “Doc2Go”, “we”, “us”, or “our”), owns and operates the websites located at doc2go.com and various mobile applications (collectively, the “Site” or “Sites”). Through these Sites we operate various online services that enable eligible individuals (“Members”) to receive various types of health care information and telehealth services (“Services”). The Sites also have public portions that allow anyone to educate themselves on the Services available from Doc2Go.

APPLICABILITY OF THESE TERMS AND CONDITIONS

These Web and Mobile Terms and Conditions (“Terms and Conditions”) govern your use of the Sites. Use of any of the Sites constitutes your acceptance of these Terms and Conditions and our applicable privacy policies. If you do not agree to these Terms, you should immediately cease all use of and access to all of the Sites.

AGREEMENT TO THESE TERMS AND CONDITIONS

Your access and use of the Sites is subject to your agreement with these Terms and Conditions and our applicable privacy policies. By using the Site, you expressly agree to these Terms and Conditions.

If you do not agree with these Terms and Conditions, please do not use or access the Sites for any purpose. We encourage you to print a copy of these Terms and Conditions for your records.

MODIFICATIONS TO THESE TERMS AND CONDITIONS

Doc2Go may revise these Terms and Conditions at any time. It is important to review these Terms and Conditions periodically as we may modify at any time and you agree that such modifications are effective and binding upon you immediately upon posting of the modified version. By accessing or using the Site after such changes are posted, you agree and consent to all such changes.

DISCLAIMER

The Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Doc2Go disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Doc2Go does not warrant that the Sites will be uninterrupted or error-free, that defects will be corrected or that the Sites or the server that makes it available are free of viruses or other harmful components.

Doc2Go will use reasonable efforts to keep the content timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. Doc2Go assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

PRIVACY

The privacy of your health information is very important to us. Doc2Go will use and disclose your health information in accordance with our privacy policies, to provide you with health care services and as needed for Doc2Go’s treatment, payment and operations purposes. Doc2Go will maintain your health information in confidence and will not disclose it to any unaffiliated third party unless you authorize that person to receive your health information or the intended use or disclosure is permitted by law. Please review the Doc2Go Notice of Privacy Practices for an explanation of how, when, and why we use and disclose your health information. All electronic messages sent and received within the Secure Portals described below that contain health information are subject to state and federal laws governing the security and confidentiality of medical records.

REGISTRATION ON THE SECURE PORTAL

Some of Doc2Go’s Sites can be used only by Doc2Go Members, require Members to register and log-in, and are password protected (“Registered Users”). The password protected portions of the Sites are referred to as the Secure Portals. These Secure Portals allows you to access certain health and other medical consultation services (“Services”). Through the Secure Portals, you can also access your protected health information (“PHI”), whether submitted by you or generated as a result of your use of the Services. A complete description of the purposes for which Doc2Go uses and discloses any PHI collected from our Members (including PHI collected on the Secure Portals) is described fully in our Notice of Privacy Practices or any other applicable notices provided to Members.

EMAIL ADDRESSES

Registers Users will need to provide us with an email address. We will use email to send Registered Users important updates about the Sites as well as notifications when information and documents are added that Members need to be aware of, e.g. forms, consult appointments. Doc2Go will also use email address to send general information about the Services available through Doc2Go. In some instances, but not all, you will be able to opt out of receiving emails. Doc2Go does not sell your email address to third parties.

YOUR RESPONSIBILITIES

Registered Users, are responsible for (i) controlling the dissemination and use of activation codes and passwords; (ii) authorizing, monitoring, and controlling access to and use of your user ID and password; and (iii) promptly informing Doc2Go of any need to deactivate a password. You also agree to promptly notify Doc2Go of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Site by emailing Doc2Go at info@doc2go.com. In addition, you agree to exit from your secure account at the end of each session. Doc2Go explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

ACCURATE AND COMPLETE MEDICAL HISTORY

The Services do not replace your existing primary care physician relationship, but are intended only to supplement that relationship for your non-emergency medical needs. Doc2Go should never be used for urgent matters. For all urgent medical matters, go to the emergency department of a local hospital and/or dial 911. Doc2Go is not an insurance provider nor are we a prescription fulfillment warehouse. You agree that your medical history on the Secure Portals will have the most up to date and accurate information. Such information is vital for Doc2Go to provide you with quality Services.

YOUR REPRESENTATIONS AND WARRANTIES

By registering on the Secure Portals, you represent and warrant that (i) unless a limited exception applies, you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into an agreement with Doc2Go, (iii) the information you have provided to Doc2Go in your registration is accurate and complete (iv) you will comply with any and all laws applicable to your use of the Secure Portals, (v) you will not interfere with a third party’s use and enjoyment of the Secure Portals, and (vi) you will not interfere with or disrupt Doc2Go’s or its vendor’s security measures. If any information you provide to Doc2Go becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Doc2Go.

PAYMENT FOR SERVICES

Payment is due prior to Doc2Go services being performed. Doc2Go services are excluded from The MetroHealth System’s Financial Assistance Policy (FAP) and Refund Policy.  With management approval, a Doc2Go coupon may be issued to be used for a future visit.

TERMINATION

If you violate these Terms and Conditions, your ability to use the Secure Portals will be terminated. Doc2Go may, in its sole discretion, terminate your access to the Secure Portals, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Doc2Go may have available at law. Further, Doc2Go shall not be liable to you or any third party for any such termination or discontinuance.

You can terminate your use of the Secure Portals at any time by contacting Doc2Go (216-778-7768).

PROHIBITED USES

In using the Sites, you agree not to:
  • Send or otherwise transmit to or through the Sites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Sites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict or inhibit any person from using the Sites, disclose personal information obtained from the Sites or collect information about users of the Sites;
  • Reverse engineer, disassemble or decompile any section or technology on the Sites, or attempt to do any of the foregoing;
  • Gain unauthorized access to the Sites, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Sites;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Sites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through the Sites chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms and Conditions;
  • Alter or modify any part of the Content or services offered on the Sites; or
  • Assist or permit any persons in engaging in any of the activities described above.

INTELLECTUAL PROPERTY RIGHTS AND CONTENT

All materials on the Sites, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by Doc2Go or its suppliers or vendors, and shall be protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of Doc2Go and its licensors. All rights and title to the Content, trademarks and service marks herein remain with Doc2Go or its licensors.

You are authorized to view the Site and Content. You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to Doc2Go.

You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Sites or the Content. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site. You may not link to this site.

Doc2Go, the Doc2Go names, logos and all related product and service names, design marks and slogans are the trademarks or service marks of Doc2Go, its subsidiaries and affiliates, and/or any third-party owner of such rights. You are not authorized to use any Doc2Go names or marks in any advertising, publicity or in any other commercial manner without the prior written consent of Doc2Go or the appropriate rights owner. Requests for authorization for the use of Doc2Go intellectual property should be directed to Doc2Go.

THIS SITE CONTAINS NO MARKETING OR ADVERTISING

Doc2Go does not market, advertise, or provide commercial sponsorship for the products, goods, or services of any third party and has no financial arrangements with any third party to advertise, market, or provide commercial sponsorship of specific products, goods or services.

EXTERNAL LINKS

The Sites may contain links to third-party websites. Linked sites are not under the control of Doc2Go, and Doc2Go is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that Doc2Go endorses, sponsors, or is affiliated with the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Doc2Go disclaims any and all liability for any medical and health treatment information set forth on linked sites.

NO ENDORSEMENTS

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Doc2Go. Any views expressed by third parties on this Site are solely the views of such third party and Doc2Go assumes no responsibility for the accuracy or veracity of any statement made by such third party.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to defend, indemnify and hold Doc2Go, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from your violation of these Terms and Conditions.

IN NO EVENT SHALL DOC2GO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Doc2Go is not liable to you or anyone else for any decision made or action taken based on use of this Site.

CHILDREN

The Sites are not intended for children under the age of 13. If you are under 13 years of age, please do not use or access the Sites at any time or in any manner. By using the Sites, you affirm that you are over the age of 13. Doc2Go does not seek through this website to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

LEGAL COMPLIANCE

Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material on the Sites or Secure Portals. If something a user posted or transmitted results in or encourages conduct that is considered a criminal offense, creates civil liability or otherwise violates any law, Doc2Go will fully cooperate with law enforcement authorities or court order requesting or directing Doc2Go to disclose the identity of anyone posting such information or materials.

CHOICE OF LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of the State of Ohio. All users expressly agree that the exclusive jurisdiction of any claim or action arising out of or relating to these Terms and Conditions or any use of this website shall be filed only in the state or federal courts located in the courts of Cuyahoga County and the State of Ohio. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.