Terms of Use

Last Modified: April 4, 2023, Version 1

PLEASE READ THESE TERMS OF USE CAREFULLY. MDLAB LLC, dba MD Health Pathways (“MD Health Pathways”) owns and operates the websites located at www.mdhealthpathways.com and ferris.mdhealthpathways.com (or one or more successor websites) and other websites and webpages available to users via the mdhealthpathways.com domain and phone numbers to access health providers (collectively, the “Site”). The Site facilitates access to medical care rendered by licensed physicians and other licensed medical providers. These Terms of Use govern your access to and use of the Site, and your compliance with these Terms of Use is a condition to your access to and use thereof. By accessing or using the Site, you accept and agree to be bound by these Terms of Use, including the terms below that allow MD Health Pathways to terminate or suspend your use of the Site at any time for any reason or no reason and that require you to resolve certain disputes with MD Health Pathways by binding, individual arbitration, including a class action waiver.

These Terms of Use (this “Agreement”) create a contract by and between MD Health Pathways and the person (“you,” “yourself,” or “your”) who is accessing and using the Site. This Agreement describes the terms and conditions for your use of the Site. Also, upon your acceptance of the terms of this Agreement, you agree that you have been advised of and understand the potential risks, consequences, and benefits of receiving medical care using remote, electronic communications, as described in the Consent to Treat. By registering and providing your mobile phone number, you agree to opt-in to receive emails and messages via SMS. If you do not agree to all of the terms of this Agreement, do not access or use the MD Health Pathways services.

1. Eligibility to Use the Site. You must be at least 18 years of age in order to use the Site. If you are under 18 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18, you agree to be fully responsible for the acts or omissions of such user in relation to the Site. Additionally, there are circumstances in which certain adult users of the Site may be eligible to use the Site to seek medical care for or on behalf of a Minor (as defined below). The terms and conditions governing the use of the Site by an adult to seek medical care for or on behalf of a Minor are set forth in Section 6 below concerning pediatric medical care. For purposes of this Agreement and all uses of the Site, a “Minor” is a person that is under 18 years of age. A Minor may use the Site only under the circumstances described in Section 6 below concerning pediatric medical care sought by an adult user of the Site. MD Health Pathways reserves the right to request proof of age at any point so that it can verify that Minors are not using the Site without supervision by an authorized adult. If MD Health Pathways believes that a Minor is using the Site without adult supervision, it may block the Minor from using the Site.

2. Modifications to this Agreement. MD Health Pathways reserves the right to modify the terms, conditions, limitations, and restrictions set forth in this Agreement, or any policies related to access to and use of the Site, at any time and in its sole discretion; provided, that, in the event that MD Health Pathways makes such a modification, it will notify you and other users of the Site of the modification. Your continued use of the Site, following notice of such modifications, will constitute your acceptance of this Agreement, as modified. If you do not agree to any modifications of this Agreement or related policies, as they occur, you will immediately discontinue accessing or using the Site.

3. License Grant. Subject to the terms of this Agreement, including the eligibility requirements above, MD Health Pathways hereby grants to you a limited, non-transferable, non-exclusive right to use the Site on any Internet-enabled device that you own or control solely for the purpose of obtaining medical care from those physicians and other medical providers to whom you are granted access via the Site (the “Medical Providers”) in accordance with terms, conditions, limitations, and restrictions set forth in this Agreement, including, but not limited to, terms and conditions governing the payment of any fees required by MD Health Pathways.

4. Ownership of the Site; Restrictions on Use. You agree with MD Health Pathways that, as between you and MD Health Pathways, the Site and all of the information, materials, features, functionality, and other content included in the Site or otherwise made accessible to you via the Site, including, but not limited to, any and all software, displays, images, graphics, text, algorithms, video, and audio and the design, selection, and arrangement of the same (collectively, the “Product”) is owned by MD Health Pathways, including any and all intellectual property in or related to the Product and any authorized or unauthorized enhancements, updates, upgrades, improvements, or other modifications to or reproductions or derivative works of the Product. The Product, including each of the elements described in the preceding sentence, is the property of MD Health Pathways and/or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. MD Health Pathways reserves all rights in this regard.

Each account registered with MD Health Pathways is for a single household (family members, living at the same address – up to 5 individuals). Further, you acknowledge that only one account is permitted per household (family members, living at the same address – up to 5 individuals). You are responsible for maintaining the confidentiality of any account authentication credentials used to access your user account. You may not share your account authentication credentials, if any, with anyone else or otherwise permit anyone other than yourself to access the Product using your user account or, if applicable, your account authentication credentials. You are responsible for maintaining the confidentiality of your own user account and account authentication credentials. MD Health Pathways reserves the right to cancel or suspend your access to the Product if you share your user account, create more than one user account for an individual user, or share your account authentication credentials.

Unless otherwise specifically agreed by MD Health Pathways in writing, you will not (a) reproduce, modify, make derivative works of, reverse engineer, decompile, or disassemble the Product, (b) modify copyright or other proprietary rights notices of MD Health Pathways or its licensors in or accompanying the Product, (c) make the Product available in any manner to any third party for use in the third party’s business operations, (d) access or use (or permit third parties to access or use) the Product in order to build or support any products or services competitive with the Product, or (e) inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to MD Health Pathways or the Medical Providers.

At this time, MD Health Pathways does not treat patients presenting with issues or injuries related to Workers’ Compensation as outlined by the U.S. Department of Labor. You agree that you will not use the Site to seek care for an issue or injury arising from a Workers’ Compensation claim.

At this time, MD Health Pathways does not treat patients covered by the U.S. Government’s health insurance program commonly known as Medicare, which is administered by the U.S. Centers for Medicare & Medicaid Services. You acknowledge this fact, and you agree that you will not use the Site for an issue or injury that you anticipate or expect to be covered by Medicare.

At this time, MD Health Pathways does not accept payment through a Health Savings Account.  MD Health Pathways does not have the obligation to verify your Health Savings Account (“HSA”) status and/or eligibility. 

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 9-1-1 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. The Site is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. MD Health Pathways may direct you to an emergency room or other appropriate facility at any time.

5. Feedback; Testimonials. MD Health Pathways has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the Product (“Feedback”), and nothing in this Agreement or in your and MD Health Pathways’s dealings arising out of or related to this Agreement will restrict MD Health Pathways’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the Product. MD Health Pathways will publish your name or other identifying information in connection with any testimonial only with your prior approval.

MD Health Pathways may republish any publicly available review, comment, or testimonial about MD Health Pathways or the Site on its websites or in other media. Appropriate attribution to the original source of the publication will be made by MD Health Pathways.

6. Pediatric Medical Care for Minors. There are circumstances in which you, as an adult user of the Site, are eligible to use your user account and the Site to seek medical care for or on behalf of a Minor.

You may use your account and the Site to seek medical care for or on behalf of a Minor under the following circumstances:

• (a) You are a parent or legal guardian having legal custody of the Minor (or you are a partner or a spouse of a parent or legal guardian having legal custody of the Minor and you are enrolled as an eligible dependent in the group medical plan offered by such parent’s or legal guardian’s employer). If at any time, you are no longer authorized to access the Minor’s profile, due to court order or for any other reason, you agree to notify MD Health Pathways immediately;
• (c) The Minor is enrolled as an eligible dependent in the group medical plan offered by your employer (or, if you are a partner or spouse of a parent or legal guardian having custody of the Minor, on the group medical plan offered by such parent’s or legal guardian’s employer);
• (e) The Minor has not been emancipated due to circumstances such as marriage, military service, or judicial emancipation;
• (f) The Minor is not under the care of a government agency (for example in foster or shelter care);
• (g) At the time that you initiate each Visit for the Minor, you attest that the requirements set forth in subsection (a) above are met; and
• (h) You remain present during the entirety of each Visit.

You agree that you will not use the Site to seek medical care for a Minor except in the circumstances described in this Section 6 or otherwise allow a Minor to use your account to seek medical care on their own. MD Health Pathways reserves the right, and each Medical Provider shall have the right, to cancel or suspend access to the Site by you or anyone using the Site to seek medical care for a Minor in violation of the terms, conditions, limitations, and restrictions set forth in this Section 6, including, in the case of a Medical Provider, the right to promptly end a Visit if the Medical Provider reasonably believes that an attempt is being made to use the Site to seek medical care for or on behalf of a Minor in violation of this Section 6 or otherwise use the Site in a manner that is improper or potentially harmful to a Minor.

MD Health Pathways reserves the right, and each Medical Provider shall have the right, to require that a Visit for rendering medical care to a Minor be conducted using video communications.

7. Payments, Access, and Caps on Annual Visits.  Your user account, whether through a subscription you purchase or made available to you through your Sponsor Organization provides you with unlimited access to the Site, at no additional charge.  You acknowledge and agree that, within a twelve (12) month period, beginning on the date of payment, your Visits are not limited during the twelve (12) month period as part of your membership you purchase or made available to you through your Sponsor Organization. 

8. Use of Square for Payment Processing. You understand that MD Health Pathways uses the Square application programming interface (or API) to process payments through the Site. Payment processing services are provided by Square and are subject to the General Terms of Service (as provided on the Square website at https://squareup.com/us/en/legal/general/ua or a successor website) and Square Terms and Services (as provided on the Square website at https://squareup.com/us/en/legal/general/ua or a successor website). By agreeing to this Agreement or otherwise continuing to utilize the Product, you agree to be bound by the above referenced agreements with Square, and agree that such agreements may be modified by Square from time to time. As a condition of MD Health Pathways making payment processing services available to you through the Square, you agree to provide MD Health Pathways accurate and complete information about you and your payment information, and you authorize MD Health Pathways to disclose such information to Square for the purpose of enabling payment processing on your behalf and, likewise, receive from Square transaction information related to your use of the payment processing services provided by Square as needed in order to process payments by you through the Site.

You understand and agree not to hold MD Health Pathways liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen cards or unauthorized cards through your Square and/or MD Health Pathways account.

9. Recurring Charges; Auto-Renewal; Cancellation. If you purchase an annual subscription to access the Site (as opposed to your Sponsor Organization providing you with access to the Site), then you authorize MD Health Pathways to charge your chosen payment method for your initial annual subscription payment and automatic annual renewals until you cancel automatic annual renewals or cancel your subscription. You must cancel automatic annual renewals before your subscription renews to avoid being charged the annual subscription fee for the subsequent annual subscription period. If you cancel automatic annual renewals, your subscription will not be renewed after the then-current annual subscription period expires. You may cancel automatic annual renewals by contacting [email protected]. 

10. Refunds. MD Health Pathways will not issue an annual membership refund. MD Health Pathways may consider issuing a subscription refund to you in other circumstances on a case by case basis. 

11. Limited Performance Warranty. We warrant to you that, during any period in which you have a user account in good standing and subject to your adherence to the terms and conditions of this Agreement at all times, the Site, as provided by MD Health Pathways to you and without any modifications by you or others, will conform in all material respects to the documentation provided by MD Health Pathways to you in connection with your access to and use of the Site that describes the design features and functionality of the Site. Except for the limited performance warranty set forth in this section, MD Health Pathways makes no warranties of any kind regarding the performance of the Product or the compatibility between the Site and any future versions of it. If you identify an error, bug, or other non-conformity that does not comply with the limited performance warranty set forth in this section, you will notify MD Health Pathways, and MD Health Pathways’s sole obligation, and your sole remedy, will be for it to use commercially reasonable efforts to correct the error, bug, or non-conformity. Except for the foregoing obligation, MD Health Pathways shall not have any obligation whatsoever to furnish any maintenance and support services with respect to the Product. Except as otherwise set forth in this section and to the maximum extent permitted by applicable law, the Site, the Product as a whole, and any related services provided to you or your dependents (including, but not limited to, any medical care provided in connection therewith) are provided strictly on an “as is” and “as available” basis without warranty of any kind, express, implied, or statutory. The express warranties set forth in this Agreement are in lieu of, and MD Health Pathways specifically disclaims, all other warranties whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, you specifically acknowledge that MD Health Pathways and their respective licensors make no warranty that the Product will meet your requirements or be error-free or without interruption; that all errors, bugs, and non-conformities will be corrected; that the Product will be free of vulnerability to intrusion or attack; or that your specific requirements will be satisfied. You acknowledge that MD Health Pathways does not control the transfer of data over communications facilities, including the Internet, and that the Product may be subject to limitations, delays, and other problems inherent in the use of such communications. MD Health Pathways will not be liable for any alteration, theft, destruction or loss of your data, files, records, or programs.

12. Limitations of Liability. Medical care made available via the Site is rendered by medical providers at MD Health Pathways, physician groups and other medical organizations contracted by MD Health Pathways physicians. MD Health Pathways is, or otherwise comprises, a medical practice and medical organization. The medical providers at MD Health Pathways render the medical care made available via the Site, including assessment, diagnosis, and treatment or referral, as appropriate, of any illness, disease, or other adverse medical conditions.

Neither the Site, the Product as a whole, nor any hardware, software, technology, or related services provided by MD Health Pathways are intended to treat any illness, disease, or other adverse medical condition and should not be considered the practice of medicine and are not the documentation of medical advice of any kind.

MD Health Pathways is not insurance. MD Health Pathways is not engaged in the business of insurance, and neither this Agreement nor any incorporated terms or conditions are or shall be deemed a contract for insurance. The fee earned by MD Health Pathways shall cover the rendering of medical care by the medical providers only and shall not cover the cost of any diagnostic tests, prescription medications or medical devices, or specialty medical care rendered by any third party.

The personalized information and care you receive directly from one or more of the medical providers or in a care plan provided to you by a medical provider are intended to be complementary to your primary care physician, not in lieu of. 

Hardware, software, and other technology is complex and may not be completely free of errors. To the maximum extent permitted by applicable law, MD Health Pathways will not be liable for any damages arising under this Agreement.

MD Health Pathways and its officers, employees, directors, subsidiaries, agents, and licensors are neither responsible nor liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever (including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses) arising out of or related to your use of the Site, including any content or information contained therein or services related thereto, whether based on contract, tort, warranty, statute, or otherwise. Your sole remedy in the event of any problem with the Site is to stop using the Site. To the maximum extent permitted by applicable law, the maximum liability of MD Health Pathways to you with respect to your use of the Product is the amount of fees you have paid for access to and use of the Site in the 12 month period preceding the event, or events, giving rise to your claim.

13. Confidentiality.
“Confidential Information” includes all confidential and proprietary aspects of the Product, in addition to any information you submit through the Site that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal health information or other personal data or information).

MD Health Pathways and you (each a “Party“) will not disclose the Confidential Information of the other Party and will use the Confidential Information of the other Party only to exercise rights and fulfill obligations under this Agreement, while using reasonable care. The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither Party acquires any right, title, or interest in the other Party’s Confidential Information.

The Parties agree that any breach of this Section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity, or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief without the obligation to post a bond.

14. Term and Termination. The term of this Agreement commences upon your acceptance of this Agreement, as evidenced by your access to and use of the Site. MD Health Pathways may suspend or terminate your access to and/or use of the Site by canceling or suspending your user account at any time for any reason or no reason. MD Health Pathways may maintain, delete, or destroy all communications and materials posted or uploaded to the Site per its record retention and/or content destruction policies. Whether during the term of this Agreement or after termination of this Agreement, MD Health Pathways has no obligation to continue to provide the Product or otherwise make the medical care available via the Site; however, MD Health Pathways will provide access to you to any of your health records in MD Health Pathways’s possession as a result of this Agreement as may be required under applicable legal, ethical, and professional obligations.

15. Notices. Notices from one Party to the other shall be in writing and may be sent via email. You can notify MD Health Pathways or send questions, complaints, or claims related to the Product to MD Health Pathways by contacting MD Health Pathways at [email protected]. Notices from MD Health Pathways to you will be sent to the email address or mailing address provided by you as part of your user account.

16. Indemnification. You agree to defend, indemnify and hold harmless MD Health Pathways and its officers, employees, directors, subsidiaries, affiliates, agents, licensors, suppliers, and other customers (including, but not limited to, employers facilitating use of or purchasing access to the Site for their employees, group health plans facilitating use of or purchasing access to the Site for their members, and other organizations and entities facilitating use of or purchasing access to the Site for individuals affiliated with the organization or entity) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site.

17. Dispute Resolution; Mandatory Binding Arbitration.Please read this section carefully, because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with MD Health Pathways and limits the manner in which you can seek relief from us. As set forth in this section, no class or representative actions or arbitrations are allowed.

Except for small claims disputes in which you or MD Health Pathways seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or MD Health Pathways seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and MD Health Pathways waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Product resolved in court. Instead, for any dispute that you have against MD Health Pathways, you agree to first contact MD Health Pathways and attempt to resolve the claim informally by sending a written notice of your claim (“Notice“) to MD Health Pathways by email at [email protected] or by certified mail addressed to: Attn: MD Health Pathways, 3001 Knox St, Suite 303, Dallas, Texas 75205 USA. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Any notice of a claim that MD Health Pathways provides to you will be similar in form to that described above. If you and MD Health Pathways cannot reach an agreement to resolve the claim within sixty (60) days after such Notice is received, then arbitration will then be coordinated. All submitted disputes will be resolved through confidential binding arbitration. 

You and MD Health Pathways agree that any dispute arising out of or related to this Agreement or the Product is personal to you and MD Health Pathways and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative action or proceeding.

You and MD Health Pathways agree that this Agreement affects interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement, and the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action or proceeding, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative action or proceeding, or preside over any action or proceeding involving more than one individual.

The arbitrator, MD Health Pathways, and you will maintain the confidentiality of any proceedings, including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

Any claim arising out of or related to this Agreement or the Product must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that neither you nor MD Health Pathways will have the right to assert the claim.

18. Miscellaneous. If any provision of this Agreement is adjudged to be invalid, void, or unenforceable, the Parties agree that the remaining provisions of this Agreement shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the Parties, and that this Agreement shall in any event otherwise remain valid and enforceable. In no event will MD Health Pathways be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms, or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or production facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within MD Health Pathways’s reasonable control. This Agreement is for the benefit of, and shall be binding upon the Parties. No third-party shall be considered a third-party beneficiary hereunder. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of MD Health Pathways. You and MD Health Pathways are independent contractors with respect to this Agreement and the Product.

19. Responsibility for Security Devices. You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals (“Information System(s)“). In the event you are accessing the Site through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your device access credentials at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws, rules, or regulations and ensure adequate security of your Information System(s). Each of you and MD Health Pathways agree to notify the other of any violation of data security of which they become aware.

20. Links to Third-Party Websites. The Site may contain links to third-party websites for your convenience. MD Health Pathways is not responsible for the content of such third-party websites and does not make any representations or warranties regarding such websites or their content. Use of or reliance on such third-party websites is at your sole risk.

21. Prohibited Uses. You agree not to:

1. Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
2. Use, modify, sell, assign, or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use the Application in any way for any public or commercial purpose.
3. Reverse engineer, disassemble, or decompile any software included in connection with the Product.
4. Use the Application for any purpose in violation of local, state, national, or international laws.
5. Use the Product as a means to distribute or post advertising or other unsolicited material to any party.
6. Impersonate any person or entity or falsely represent your identification or affiliation.
7. Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to MD Health Pathways or the Medical Providers.
8. Distribute viruses or other harmful computer code.
9. Harvest or otherwise collect information about others.
10. Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
11. Interfere with the operation of the Application or any other MD Health Pathways product, service, hardware, software, technology, equipment, network, or systems.
12. Copy or distribute in any medium any part of the Product.
13. Use or access the Application in an abusive, excessive, or inappropriate manner as determined in the sole discretion of MD Health Pathways, which may include, but is not limited to:
    
    • Initiating or engaging in excessive, superfluous, or unsuitable Visits.
    • Repeatedly terminating or dropping off Visits prior to their conclusion.
    • Repeated failure to respond to and comply with the Medical Providers’ follow-up and treatment plans.
    • Creating a hostile environment, harassing one or more Medical Providers, or otherwise engaging in inappropriate behavior through the use of the Product.

If MD Health Pathways becomes aware that any person or entity is using the Site in violation of this Agreement, including the terms, conditions, limitations, and restrictions set forth in this section, MD Health Pathways may prohibit and block or terminate such person’s or entity’s access to and/or use of the Site.