Last Updated February 24, 2022
1. Acceptance of terms
NOT FOR EMERGENCIES: IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL “911”.
3. Privacy practices
4. No practice of medicine by 2nd.Md
2nd.MD does not provide medical advice or care. The 2nd.MD Services provide users with online access to Specialists who may provide health education to Members who have chosen to participate in this Service. 2nd.MD DOES NOT PROVIDE MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY 2nd.MD, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS BETWEEN PROFESSIONALS UTILIZING THE SITE AND CONSUMERS IS INTENDED TO BE FOR GENERAL INFORMATIONAL AND HEALTH EDUCATION PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. 2nd.MD IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY 2nd.MD OR ANY PROFESSIONALS THAT UTILIZE 2nd.MD AT THE INVITATION OF 2nd.MD IS SOLELY AT YOUR OWN RISK.
All information provided by 2nd.MD is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
5. Independence of specialists and professionals
The specialists and professionals utilizing or featured on the Service are subscribers and licensees to the Service and not employees. Any health education, opinions, advice, or information expressed by a professional or specialist utilizing or featured on the Service are of the professional and the professional alone. They do not reflect the opinions of 2nd.MD. 2nd.MD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on 2nd.MD or by a licensee of 2nd.MD.
SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND 2nd.MD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. 2nd.MD SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON THE SERVICE. The use of the Service by any entity or individual to verify the credentials of professionals or specialists is prohibited.
All opinions and statements expressed by a specialist or professional on this Service and during any session facilitated through this Service are solely the individual and independent opinions and statements of the specialist or professional and do not reflect the opinions of 2nd.MD, its affiliates or any other organizations or institutions to which such Specialist or Professional is affiliated or provides services.
6. Availability of service
2nd.MD operates subject to state and federal regulations, where applicable, and the Service may not be available in your state, territory, and country. You represent that you are not a person barred from accessing the Service under the laws of the United States, the European Union, or other applicable jurisdictions in which you may be located. Accessing the Service from jurisdictions where content is illegal, or where 2nd.MD does not offer services, is prohibited.
We use commercially reasonable efforts to maintain the Service, but we are not responsible for any defects or failures associated with the Service, any part thereof, any Feedback you provide, or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. The Service may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that the Service is provided over the Internet, so the quality and availability of the Service may be affected by factors outside of our control. The Service is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of the Service. We do not represent, warrant, or guarantee that the Service will always be completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to the Service being unavailable.
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Service on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Service, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
7. Password accounts, passwords, and security
Users can receive access to the password-protected portions of the Service (the "User Portal"). You agree to fully, accurately, and truthfully create your Account, including but not limited to your name, email address, phone number, and password, which may become your 2nd.MD ID and credentials. The 2nd.MD ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your 2nd.MD ID or credentials, and for all activities that occur under such 2nd.MD ID or credentials. You agree to prohibit anyone else from using your 2nd.MD ID or credentials. You agree to (a) immediately notify 2nd.MD of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. 2nd.MD will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by 2nd.MD or another party due to someone else using your account or password if the use was caused or permitted by You. You may not use anyone else's account at any time, without the permission of the account holder.
The Service may allow you to store your login credentials in your web browser so that you can be automatically logged in each time you access the Service. If someone else has access to your computer or web browser, the automatic login feature will allow that person to have access to your account. You are responsible for any damages to 2nd.MD or the Service resulting from unauthorized access to the Service from your account and we will have no liability to you or any third party for damages or loss related to such unauthorized access or use.
8. Limited license and service access; all rights reserved
Except as otherwise expressly stated, all Content appearing on this Service is the copyrighted work of 2nd.MD or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of 2nd.MD or its third-party content suppliers and is protected by U.S. and international copyright laws.
If you believe that any Content on this Service violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at [email protected] with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
10. Trademarks and service marks
Certain trademarks on the Service are the service marks and trademarks of 2nd.MD, the specialists, the professionals or other licensees of 2nd.MD or other third parties. The domain name for this Service, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of 2nd.MD and/or other third parties. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Service are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Service without the prior written authorization of 2nd.MD and/or other third parties which authorization may be withheld in such parties’ sole discretion.
11. Connection requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Service, and 2nd.MD reserves the right to change the access configuration of this Service at any time without prior notice.
12. Prohibited use
Any use or attempted use of this Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Service, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by 2nd.MD to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by 2nd.MD, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any 2nd.MD representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Service's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology or directly link to any portion of the Service other than the main homepage, www.2nd.md, in accordance with the Limited License and Service Access outlined above;
l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Service or any related networks or systems;
m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
n) Harvest or otherwise collect information about others, including e-mail addresses; or
13. Right to monitor
14. No 2nd.MD editorial control of third-party content; no statement as to accuracy
To the extent that any of the Content included in the Service is provided by third party content providers or other Service users, 2nd.MD has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Service are those of such third-party suppliers or users, respectively. 2nd.MD does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with 2nd.MD.
15. Links to third party websites
16. Consent to receive calls, text messages and video recording
By providing your mobile number you are agreeing to be contacted by or on behalf of 2nd.MD at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) communications relating to the Service. 2nd.MD does not charge a fee for text messaging service. However, standard messaging and data rates may apply from your mobile carrier, and we are not responsible for any charges from a person’s service provider that may result from us providing this service. For help, text the word HELP to “2NDMD”. To stop receiving text messages text the word STOP to “2NDMD”. We may confirm your opt out by text message. After this, you will no longer received SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Service features and certain services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
2nd.MD is committed to being compliant with the Telephone Consumer Protection Act (“TCPA”) and similar state laws. At registration, you were provided with the opportunity to opt-in to calls and text messages. If you no longer wish to receive such texts, please follow the instructions within the text message and/or contact us using the information provided below.
2nd.MD is also committed to being compliant with CANSPAM and similar state laws. If you no longer wish to receive our emails or newsletters, please follow the instructions within the email and/or contact us using the information provided below.
2nd.MD may communicate, electronically or via telephone with you about your benefit plan, programs, products, or services that are or may be available to you in connection with your transactions with us including, but not limited to, platform updates, general wellness reminders or information, prescription reminders, appointment reminders, general health information, newsletters, and surveys. These electronic communications may contain protected health information. You acknowledge and accept that such communications may be sent unencrypted and there is some risk of disclosure or interception of the contents of these communications.
17. Special rules for user under 18 years old
Content and other information contained on this Service has been prepared by 2nd.MD as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. 2nd.MD has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Service or any other website maintained by 2nd.MD. Users relying on Content or other information from this Service do so at their own risk.
THE 2ND.MD SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. 2nd.MD AND ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SERVICE), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. 2nd.MD MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE CORRECTED, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Limitation of liability
IN NO EVENT SHALL 2nd.MD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SERVICE), OR ANY THIRD PARTIES MENTIONED ON THE SERVICE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 2nd.MD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2NDMD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SERVICE), OR ANY THIRD PARTIES MENTIONED ON THE SERVICE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. 2nd.MD, ITS LICENSEES (INCLUDING THE SPECIALISTS AND PROFESSIONALS UTILIZING THE SERVICE), OR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
21. Electronic communications
22. General provisions
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