Terms and Conditions

These Terms of Use (“Terms”) govern your use of the nodMD  (“nod”, “we”, “us”, or “our”) website and any other website or online service nodMD operates and links to these Terms (collectively, the “Services”).

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time.   You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

Consent To Receive Text Messages

When you opt-on to the Services, we may send you an SMS message to confirm your appointment, update you about your appointment status, or seek your feedback following a consultation or visit.  If you provide your mobile telephone number to us, you agree that the act of providing your mobile telephone number to us constitutes your consent to receive SMS text messages from nodMD or on our behalf and you acknowledge that your wireless or mobile carrier may apply extra charges and fees. You may revoke this communication authorization at any time within your nodMD patient portal.

If you no longer want to receive text messages from Nod Innovations, the sole and exclusive remedy is to end enrollment in the specific texting program.

Under no circumstances will Nod Innovations be liable for any direct or indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with use of text messaging whether or not we have been advised of the possibility of such damages.

We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient’s equipment. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the content of any text message for any purpose.

Payment Authorization 

By providing a credit card or other payment method accepted by nodMD (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes.  Please note that nodMD or the evaluating/treating provider may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation.  As such, you may be billed more than once with respect to a consultation to account for additional co-pay amounts due, if any, by your treating provider.  Should you choose not to enter your health plan billing details, you elect to be seen as self-pay, thereby waiving health plan claim submission.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in email (YourFriends@nodmd.com), and you agree to notify nodMD and/or your treating provider of any changes to your Payment Method.  You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan.  You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law.  In the case of an ACH transaction rejected for insufficient funds, nodMD, its agent and/or your rendering provider may at its discretion attempt to process the charge again at any time within 30 days.

You acknowledge and agree that fees for consultations may increase at any time.

You agree that ensuring and confirming all necessary payments remains your sole responsibility. nodMD shall have no responsibility for failure of the online platform to transmit payments on time, and we are not and cannot be responsible for any inaccuracy, error, delays, omission, non-performance, interruption or other failure of any data, information or message caused by flaws or other problems with the Online Service, Internet outages, network delays, interceptions of data or information, changes in third party payment processors and processing networks, bank restrictions, other similar events or conditions, or any “force majeure” events that may prevent your payment requests from being fulfilled. TO THE EXTENT THAT INABILITY TO PAY YOUR BILLS ON TIME USING THE ONLINE SERVICES CAUSES YOU TO INCUR ANY FEES OR PENALTIES, OR EXPOSES YOU TO LIABILITY OR OTHER CLAIMS BY A GOVERNMENTAL AUTHORITY OR ANY THIRD PARTY, YOU AGREE TO RELEASE nodMD AND HOLD nodMD HARMLESS FROM ANY AND ALL RESPONSIBILITY FOR SUCH INABILITY TO PAY.

Account Enrollment

To access providers using nodMD, you must first establish an individual user account (“Account”) by providing certain information.  You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian).  You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.  You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms.

Important Information about Your Use of the Services

Do not use the Services for emergency medical needs.  IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

nodMD does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself.   Any information or advice received from a Provider comes from the Provider, and not from nodMD.  Your interactions with Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

Neither nodMD nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Provider via the Services nor for any information obtained from our Services.  You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.

nodMD does not make any representations or warranties about the training or skill of any Providers using the Services.  You are ultimately responsible for choosing your particular Provider on the Services.

You hereby certify that you are physically located in the state you entered as your current location on the Services.  You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you.  In the event that your certification is inaccurate, you agree to indemnify nodMD and the Provider(s) you interact with from any resulting damages, costs, or claims.

Choice of Law and Forum

The Services are intended for use by residents of the United States.  We do not intentionally provide access to the Services to individuals located outside the United States.  You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of Arizona without regard to principles of conflicts of laws.  You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in Phoenix, Arizona, unless agreed upon by all parties.

Indemnification

You agree to indemnify, defend and hold nodMD and our parents, subsidiaries, affiliates, licensors, suppliers, and their directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms.  We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section.  In such an event, you shall provide us with such cooperation as we reasonably request.

Disclaimer of Warranties; Limitation of Liability

Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees,  agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, nodMD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that your sole remedy for ANY claim arising out of or connected with the Services will be to cease using the Services.

You acknowledge and agree that nodMD is not engaged in the practice of medicine and that nodMD is not determining appropriate medical use of the services.  nodMD, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of healthcare via the service, including but not limited to liability for medical malpractice.