Services Our Consultants Provide
Some of the services we connect you to may be considered telehealth services. “Telehealth” is the delivery of health care services (versus fitness and wellness services) using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. Telehealth services are considered medical services that require the Consultant to have a license to practice the profession in the state where you reside. Therefore, if we do not have a licensed provider in the state where you reside, we will not be able to provide the service to you. Currently the telehealth services we provide are physical therapy services, including limited physical therapy screening and exercise instruction, self-treatment and pain management education and advice. Other services we may connect you to through our platform include: (1) general advice on health and wellness, (2) optimal performance and fitness consultation, and (3) other non-medical services from time to time. These services are provided by qualified Consultants but may not require the Consultant to be licensed in any particular medical field in the state where you reside.
Our Telehealth Consultants
The providers who deliver telehealth services through PTOD are independent professionals solely responsible for the services each provides to you. If your consultation involves medical services that can only be delivered by a licensed provider, you will be seen by a provider who has a license to practice in the state where you reside.
All of our Consultants who deliver telehealth services are required to carry a professional liability insurance policy.
If you have a complaint relating to services provided by a telehealth Consultant, you can contact the Consultant directly or the professional licensing board in the state where you reside and the treating Consultant is licensed. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Boards of Physical Therapy website at https://www.fsbpt.org/ThePublic.aspx.
Other Products and Services
We may also provide social media features on our sites and services that enable you to share personal information with your social network(s) and to interact with our sites and services. Depending on the features, your use of these features may result in the collection or sharing of personal information about you. We encourage you to review the privacy policies and settings on the social media site(s) with which you interact.
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by PTOD (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You agree not to post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law. PTOD reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall PTOD be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time with the exception of children under 18 who are receiving telehealth services as described below.
Use of Services by Children
You may deactivate your Account and end your registration at any time, for any reason by sending an email to firstname.lastname@example.org. PTOD may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, PTOD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, PTOD will have no further obligation to provide the Services, except to the extent we or your Consultant(s) are obligated to provide you access to your health records or treating Consultants are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Informed Consent for Telehealth Services
During your consultation with a Consultant, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology. Your Consultant may also ask you to perform certain movements and exercises to assess (as much as possible without you being physically present) your posture, range of motion, flexibility, strength, body mechanics, balance, fitness, pain, symptoms and other bodily functions as appropriate. You understand that the Consultant’s ability to examine you are limited through telecommunications, resulting in risks that include but are not limited to:
Your health plan may not reimburse you for services received through a telehealth communication/delivery system.
Contacting Your Consultant
Your Consultant will let you know the best way to communicate with him or her. PTOD may provide an electronic messaging portal but we do not take phone messages for the Consultants who use our platform. If you use our messaging portal, you understand and agree that messaging with Consultants over the Messaging Portal does not by itself constitute treatment, diagnosis, therapy, or medical advice, nor does messaging alone create a provider-patient relationship. Please do not contact your Consultant about health care issues through social media. You should not expect phone calls or messages to be returned immediately. If you are experiencing an emergency, please call 911 or go to the nearest emergency room.
PTOD Does Not Provide Medical Advice
You acknowledge and agree that PTOD does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Consultants. You acknowledges and agree that the Consultants using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Consultants, in their sole discretion, as they deem appropriate. Neither PTOD nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Consultant via the Services.
Consultation and Medical Records
Any medical records created as a result of your telehealth consultation(s) will be created and maintained by your Consultant(s). PTOD does not provide an electronic health or medical record of your consultation and is not responsible for storing any of the consultation or telehealth treatment records created. If you wish to get a copy of or request disclosure of your consultation or medical records, please contact your Consultant directly.
Fees and Payment Terms
You understand that most health plans, including Medicare, do not cover telehealth visits or wellness/fitness services and that your health plan will not likely reimburse you for our Services. Except for Medicare, if you believe your health plan will reimburse you for our services, we will provide you with a statement that you can submit to your health plan at your discretion. You agree, however, that you are responsible for payment of our services whether your health plan reimburses you or not. If you have Medicare, you further understand that since our services are not considered covered benefits under Medicare, they will not be reimbursed by Medicare or a Medicare supplemental insurance plan and are not subject to Medicare’s maximum allowable charge.
Email and Other Communications
Opting Out of Requested Communications
Requested communications include, for instance, email newsletters or software updates that may be expressly requested by you or which you consented to receive. After you request such communications, you may “opt out” of receiving them by using one of the following methods:
Keep in mind, this opt-out does not apply to necessary communications, such as responding to an inquiry, and is revoked if you later request information from us.
Opting Out of Transactional or Relationship Communications
Communications that are sent by us or your Consultants using our platform, such as appointment requests, reminders and cancellations, are indicated as being from us and may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates. Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders and cancellations. You may not be able to opt out of receiving certain messages although our services may provide a means to modify the frequency of receiving them.
Opting Out of General or Promotional Communications
General communications provide information about products, services, and/or support and may include special offers, new product information, or invitations to participate in market research. You may opt out of receiving these general communications by using one of the following methods:
Intellectual Property Rights
Digital Millennium Copyright Act of 1998
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, PTOD has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to PT on Demand at the address in the Notice section below.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PTOD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PTOD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
You agree to indemnify, defend and hold harmless PTOD, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal fees resulting from, or alleged to result from, your use of the Services on this Site. In addition, you agree to indemnify, defend and hold harmless your Consultant(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Consultant(s).
Governing Law and Jurisdiction
Unless otherwise elected by PTOD in writing for the particular instance (which PTOD may do at its option), the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state of Delaware.
You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications“) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling or discontinuing your use of the Service.
PT on Demand, Inc.
115 Pier View St
Daniel Island, SC 29492
Last Updated: February 20, 2017