LEGAL DISCLAIMER 
All consumers visiting or using the Telemedicine of America LLC website (TOA) should read the full legal disclaimer, privacy notice and HIPAA notice attached. All participants agree to be bound by the terms included below.

TERMS OF USE

Welcome to Telemedicine of America (TOA) Terms of Use and web site and mobile application end user agreement

YOUR USE OF THIS WEBSITE, INCLUDING ANY USE OF TOA BY PHONE, IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. BY CLICKING "ACCEPT", YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

PLEASE READ THESE TERMS OF USE CAREFULLY

1. Services Provided. TOA provides a technology platform and infrastructure to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the "Providers") in real time via live streaming video and/or telephone for the purpose of participating in a health care consultation. TOA also provides other types of administrative services and information ("Services"). TOA does not provide medical care or practice medicine or any other licensed profession, and TOA does not interfere with the practice of medicine or other licensed profession by Providers. All of the participating Providers have independently contracted to be in the network operated by physician groups, and are solely responsible for their services and compliance with any requirements applicable to his or her professional license. TOA does not provide any physicians' or other Providers' services itself, and neither TOA nor any third parties who promote TOA’s services shall be liable for any professional advice you obtain from a Provider via the TOA Services.

Use of This Site and the Services - NOT FOR EMERGENCIES

TOA's Site and Services are NOT FOR use for medical EMERGENCIES or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears on TOA's Site. IF YOU THINK YOU HAVE ANY EMERGENCY, CALL 911, IMMEDIATELY!

Your interaction with the Providers through the Service is not intended to replace your relationship with your existing primary care physician. TOA is not an insurance product nor a prescription fulfillment warehouse. The Providers reserve the right to deny care for actual or potential misuse of the Services. The Services do not include the provision of medical care by TOA. Rather, the TOA Services enable access to Providers who have agreed to provide patient care to Customers using TOA's Services. These Terms of Use apply to your use of the Site and to your registration for, subscription to, and use of the TOA Services.

2. Prescription Policy. Providers may prescribe medications when medically indicated in their sole professional judgment, however, due to varying state laws, prescriptions may not be available in your state. TOA is not a drug fulfillment warehouse. In the event that a Provider does prescribe a medication, he/she will comply with all applicable federal and state laws and will only prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. TOA does not guarantee that a provider will issue a prescription. NOTE: Prescriptions for DEA controlled substances or scheduled medications, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse are not available via the TOA platform.

You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

3. Informed Consent

A. Telemedicine is the delivery of health care services using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your telemedicine consultation with a Provider details of your medical or health history and personal health information may be discussed through the use of interactive audio, video, and/or other telecommunications technology, and the Provider may perform a physical exam through these technologies. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through other electronic means, and verify your identity with a driver’s license or other legal document.

B. The telemedicine services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended. We may make arrangements for follow-up care either through the Provider, a health systems partner, or other health care providers. If the transmission fails during your telemedicine consultation with a physician, then a member of our customer support team will contact you to help you get reconnected. You will have direct access to customer support services to follow-up on medication reactions, side effects, or other adverse events. Among the benefits of TOA’s Service is improved access to health care professionals and convenience. However, there are potentials risks associated with the use of telemedicine. These risks include, but may not be limited to:

1. In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e., poor resolution images, etc.) ;

2. Delays in evaluation or treatment could occur due to failure of the electronic equipment;

3. In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;

4. Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.

C. By accepting these terms of use you acknowledge that you understand and agree with the following:

1. You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;

2. You understand that the laws that protect the privacy and security of health information apply to telemedicine and you have received TOA’s privacy practices which describe these protections in more detail;

3. You understand that you are fully responsible for payment; and

4. you understand your Provider, in his or her sole discretion and professional judgment, may determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through the TOA platform.

4. Account Enrollment, Eligibility and Security. In order to access the Site and Services, you represent and warrant that you are of legal age to sign a binding contract 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 of Use, register for the TOA Services under your own name and to use the TOA Services in accordance with this Terms of Use and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your TOA Account, including, but not limited to, your name, mailing address, phone number, email and password, which become your TOA ID and credentials. Your TOA ID and/or credentials are personal to you and you are solely responsible for maintaining the confidentiality of your TOA ID and credentials, and for all activities that occur under such TOA ID and credentials. You agree to prohibit anyone else from using your TOA ID and credentials and you agree to immediately notify TOA of any actual or suspected unauthorized use of your TOA ID or credentials or other security concerns of which you become aware.

To permit you to access TOA Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a dependents under your name. Any such subaccount is subject to these Terms of Use and the Notice or Privacy Policy.

In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. TOA may, in its sole discretion, refuse to provide TOA Services for noncompliance with these Terms of Use and/or any other actual or potential misuse of your account or the TOA Services. TOA recommends that you do not access your account or the TOA Services from a public computer. In no event and under no circumstances shall TOA be liable to you for any liabilities and/or damages arising out of the use of the TOA Site, TOA Services, your account information, or the release of your account information to third parties. TOA recommends that you do not store your account password through your web browser or other software.

5. Fraud Prevention and Security. TOA may contact you by telephone, mail or email to verify your TOA Account information. TOA may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, TOA reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer to TOA as requested.

6. Modification to Terms of Use. Please print and keep a copy of these Terms of Use. TOA reserves the right to modify the Terms of Use periodically, for any reason, and without notice. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the Site. Please review the Terms of Use often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Terms of Use or change to the Service(s) on our web site. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services. Your continued use of the TOA Site and/or TOA Services constitutes an acknowledgment of such changes and agreement to be bound by the revised Terms of Use inclusive of such changes.

TOA has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as TOA considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property.

7. Information Provided by You. As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update TOA as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified at the email address provided by you to TOA that information may be available for your review that is considered time-sensitive, including but not limited to, medical information, diagnosis, and lab results. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obligated to provide us the following information:

• Changes in e-mail address

• Change of address

• Change of phone number

• Change of ownership of account

• Change of credit card number

• Change of banking information

• Change of credit card expiration date

8. Electronic Medical Record. Your TOA Electronic Medical Record (“EMR”) is created for you to enter, store and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video and/or telephone consultation becomes part of your TOA EMR. You agree to provide accurate, current and complete information about yourself for your TOA EMR, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your TOA EMR, please see our Privacy Policy. It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your TOA EMR. TOA is not responsible for maintaining data arising from use of the TOA Services. Subject to retention and destruction requirements imposed by law, TOA reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the TOA Service pursuant to its internal record retention and/or destruction policies. Please note that it is solely your physician’s obligation to use and disclose the information included in your TOA EMR in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other health care providers. However, by requesting a consultation through TOA’s Site, you agree to disclose the contents of your complete TOA EMR to the provider who will conduct your consultation.

9. Information Resources (Opt-IN). By subscribing to TOA’s services you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health related topics, preventive care messages containing specific medical and health related information, links to other related Web sites, and/or specific questions related to your TOA EMR. Additionally, TOA makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment, or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by TOA. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be considered authored by TOA. TOA makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.

10. Limitations on Use. You agree that you will not use the Services for any service that must be provided to you by your regular physician as a follow up to an in-office visit, at no additional charge to you or your health care plan, as required by your health care plan. You will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of TOA to impersonate another person or misrepresent authorization to act on behalf of others or TOA. All messages transmitted via TOA should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of TOA, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

TOA maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

All customer-specific information provided by you in connection with Services shall be governed by the TOA Privacy Policy which can be found at www.myidealdoctor.com. As part of these terms and conditions, you acknowledge that you understand, have read and accept all terms and conditions contained within the TOA Privacy Policy. TOA reserves the right to terminate any account that does not include a valid email address on file. The valid email address must be stored in the profile for your account on the TOA system.

11. Operational Functionality. TOA reserves complete and sole discretion with respect to the operation of the TOA Services. TOA may, among other things withdraw, suspend or discontinue any functionality or feature of the TOA Services. TOA is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. TOA is not responsible for maintaining information arising from use of the Site or in respect of the Services. Subject to applicable law, TOA reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Site or in connection with the Services in accordance with its internal record retention and/or destruction policies.

12. Temporary Use License Granted. TOA grants you a non-exclusive, non-transferable, revocable, temporary license, subject to the terms and qualifications of these Terms of Use, to use the Services solely for personal, noncommercial use. Such license is valid only while you are logged into your authorized TOA account. The Customer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works. TOA reserves the right, in its absolute and sole discretion, to terminate the use of the Site or Services to any person for any reason.

13. Intellectual Property. With the exception of your TOA EMR, TOA retains all right, title and interest in and to TOA, the Site, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to TOA in which the licensor retains all right, title and interest. The information available through the Site and the Services is the property of TOA, or if licensed by TOA, the licensor.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of the Terms of Use will be prosecuted to the fullest extent of the Law in the federal and state courts located in Georgia. Whether a violation of any policies or Terms of Use has occurred is at the sole discretion of TOA. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by TOA or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

14. International Use. The Services are designed for and intended for users in the United States. TOA makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States or in all territories within the United States. Accessing the Services from territories where the content is illegal is prohibited.

15. Legal Notices and Disclaimers.

General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE TOA SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW TOA AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, TOA AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE TOA PRODUCTS AND SERVICES PROVIDED HEREUNDER. TOA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE TOA SERVICES.

TOA does not endorse the promotions, products, or services of any third parties. TOA does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. TOA does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites.

Medical Disclaimers. TOA makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of TOA. You and your physician are solely responsible for all information and/or communication sent during a video and/or telephone consultation or other communication. TOA does not guarantee that a video and/or telephone consultation is the appropriate course of treatment for your particular health care problem. Furthermore, TOA is not a substitute for your primary care physician. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that TOA does not provide medical advice, diagnosis, or treatment strictly provides a technology platform and infrastructure for connecting patients with independent third party network providers.

Content Disclaimers. No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by TOA. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. TOA makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.

16. Service Reliability and Warranties. TOA makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by TOA employees. TOA is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.

TOA will take commercially reasonable precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that TOA shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. TOA may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.

17. Indemnification. You agree to release, indemnify, defend and hold harmless TOA, our contractors, agents, employees, officers, directors and affiliates (Affiliates) from all liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether in law or in equity), expenses, including attorney's fees, resulting from, relating to, or arising, directly or indirectly, out of or in connection with (i) your use or misuse of the Site or the Services or any information posted on the Site, (ii) your subscription, (iii) Your breach of the Terms of Use or the Privacy Policy, (iv) your relationship with any Provider, (v) the content or subject matter of or any information you provide to TOA, any of its Affiliates, any Provider or customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. If and when TOA is threatened with such suit , TOA may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of your Terms of Use and may result in deactivation of your TOA account Service(s).

18. Limitation of Liability.

EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:

TOA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS.

IN NO EVENT SHALL TOA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, NOR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOA NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TOA IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT TOA’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL BE THE MINIMUM PERMITTED BY LAW.

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES, AND LIMITATIONS OF LIABILITY.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO TOA AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD.TOA DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.

19. Third Party Protection. The Indemnification, Limitation of Liability, and Disclaimers provisions set forth above are for the benefit of TOA, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

20. Termination and Survival. TOA may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms of Use, or the intellectual property protections applicable to these Services (Defined Above). TOA may also seek legal prosecution of any violations of law or these Terms of Use and you agree to personal jurisdiction by the Courts in the State of Georgia. Upon notice of termination of Services by TOA to you via contact e-mail to your TOA account and contact e-mail account provided in Customer's personal information, or voluntary termination of service by Customer, TOA has the right to delete all data, files, or other information that is stored in the Customer's account for any reason. The Indemnification, Limitation of Liability, Copyright, Jurisdiction, Warranty Waiver, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.

21. Fees and Applicable Charges. You agree that you are solely responsible for all administrative fees, subscription fees and consultation fees for Services, pursuant to the schedule of subscriptions and fees set forth on the Site. If your employer or agency has arranged with TOA to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with TOA, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your physician or health plan to determine if any Services are covered. As further consideration for the Services, you agree to provide certain current, complete and accurate information about them, including valid credit card information, as required by the sign-up for Services and maintain and update this information as needed to keep it current, complete and accurate. By completing and submitting the sign-up form, you represent that the statements in your application are true and accurate. You agree that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. TOA reserves the right to modify the pricing structure at any time and implement the new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand that Services may not be provided or that scheduled consultations may be cancelled if your credit card information is inaccurate or invalid. TOA may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy.

22. Force Majeure. Notwithstanding anything herein to the contrary, TOA shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.

23. No Third Party Rights. Unless expressly granted in these Terms of Use or in the Privacy Policy, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any persons other than you, TOA and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to you, TOA or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, TOA or its Affiliates.

24. Assignment. You may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any part of them without TOA’s prior written consent. TOA may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Use and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

25. Privacy. By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy and Notice of Privacy Practices, which is incorporated herein and made part of these Terms of Use by reference.

26. Governing Law, Jurisdiction, and Venue. These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to these Terms of Use or Privacy Policy shall be brought in the applicable Federal or State court located in Thomas County, Georgia. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to TOA must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the TOA Services or web site.

27. Enforcement Costs. If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

28. Waiver of Jury Trial. THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OF USE OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED BY A JURY.

29. Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

30. Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

31. Spam and Compliance with Anti-Spamming Laws. TOA has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any of your employees, agents or affiliates to: market, promote or solicit TOA products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agree to indemnify and hold TOA and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold TOA and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys' fees, if any, incurred in defending and/or resolving any suits brought against TOA or any of its Affiliates, by anyone arising out of an alleged violation by you or as a result of your TOA account of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.

32. Notice. TOA may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the TOA Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the TOA account information. You may give notice to TOA at any time via e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. or by letter delivered by first class postage prepaid U. S. mail or overnight courier to MYidealDOCTOR, 218 W. Jackson St., Thomasville, GA 31792, Attn: Customer Service.

33. Entire Agreement. These Terms of Use, together with any TOA rules or policies referred to herein, represents the entire agreement between you and TOA concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. TOA may modify this Terms of Use as set forth above.

34. Comments, Suggestions and Submissions. TOA welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to TOA shall become the exclusive property of TOA. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to TOA of all rights whatsoever (copyright, patentability, and intellectual property). TOA shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996. Please submit comments and suggestions to Customer Service at the address or email provided in the Notice Section above.

This concludes this section of our Website Terms of Use Notice, amended January 1, 2015.

CONSUMER / USER PRIVACY NOTICE

Telemedicine of America understands you have concern over how your information is used and shared. Since we care about your trust, we want to assure you that we will be careful and sensible in dealing with your information.

The following notice is a summary of our Online Privacy Policy. By visiting Telemedicine of America you are accepting the practices described in this Privacy Notice.

What Personal Information About Customers Does Telemedicine of America Obtain?

The information we learn from customers helps us personalize and continually improve your experience at Telemedicine of America. The types of information we obtain is as follows:

• Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose to omit certain information, but you might not be able to use many of the Telemedicine of America features, place an order or receive supplies due to government requirements. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our service, and communicating with you.

• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, we use "cookies," and we obtain certain types of information when your Web browser accesses Telemedicine of America. Various companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at Telemedicine of America if we cannot recognize you, we want you to know these tools exist. Should you disable our ability to recognize you, we may not be able to confirm logins, which will limit your participation at Telemedicine of America.

• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Telemedicine of America if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please let us know.

• Information from Other Sources: We might receive information about you from other sources and add it to our account information.

What Are Cookies?

• Cookies are identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features.

• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of Telemedicine of America's features, and we recommend that you leave them turned on.

Does Telemedicine of America Share Information About You?

Information about our customers is an important part of our business, and we do not sell it to others. We share customer information only as described below and with subdivisions of Telemedicine of Americaand MyidealCARE™ LLC. These divisions are subject to this Online Privacy Notice or follow practices at least as protective as those described in this Online Privacy Notice.

• Affiliated Businesses We Do Not Control: Since we have links which put the user into other company websites which we do not control, we recommend reading their individual privacy notices. These other companies may employ practices which are more or less restrictive than those which we use at Telemedicine of America.

• Agents: We may employ other businesses and individuals to complete tasks for Telemedicine of America. Examples include fulfilling orders, delivering packages, maintaining servers and computer systems, printing account cards, distributing vendor supplies, and consumer kits, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

• Promotional Offers: The website contains promotional offers with links to third party websites. Once a User has clicked on and left the Telemedicine of America website we are no longer responsible for the content appearing in the browser, nor that the link will function as desired. Companies which have banner advertising or other promotions on the Telemedicine of America website are responsible for the content, claims and offers made in the advertising. Any User with a question or problem regarding any advertiser should contact the advertiser directly.

• Protection of Telemedicine of America and Others: We release account and other personal information when we think it is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Telemedicine of America, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Of course, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

• Business Transfers: As our business grows, we might sell or buy interest in vendors, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Online Privacy Notice (unless, of course, you consent otherwise). Also, in the unlikely event that Telemedicine of AmericaLLC, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

• With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

How Secure Is My Information?

• We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

• Should you need to use a credit card for any portion of your purchase, we reveal only the last digits of your credit card numbers when confirming an order. We must transmit the entire credit card number to the appropriate credit card company during order processing, but this information is encrypted using state-of-the-art security procedures.

• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. If you visit a library or are using a computer which has multiple users, please remember to close your session by properly logging out. Then close the browser.

What Information Can I Access?

Telemedicine of America gives you access to information about your account and your interactions with Telemedicine of America for the limited purpose of viewing and, in certain cases, updating that information. Depending on your status - consumer, account holder, vendor or merchant - the information you can access, alter and view will vary.

What Choices Exist For Providing Information?

• As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or have your account credited for the proper amount. By choosing not to provide your information the functionality of our site will be greatly affected.

• You can add or update certain information in your account. When you update information, we can keep a copy of the prior version for our records. Sometimes we may contact you in written communications via regular postal mail to confirm changes to your account. In the case of vendors, or merchants, we will require written confirmation of certain key data such as authorized personnel, address to mail checks, how checks are made out for deposit and other issues surrounding transfer of funds. In this way we can assist in protecting the account holders interests.

• If you do not want to receive e-mail or other mail from us you may opt out of such transmissions, however, if you do not want to receive Conditions of Use and other legal notices from us, such as this Online Privacy Notice, those notices will still govern your use of Telemedicine of America, and it is your responsibility to review them for changes.

• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, you will not be able to use such important features as obtaining credit for your group from purchases made if you do not use cookies.

Important Notice Regarding Children Telemedicine of America does not sell products for purchase by children. We may sell children's products for purchase by adults. If you are under 18, you may use Telemedicine of America only with the involvement of a parent or guardian. All supplies ordered and medical information shared for anyone under 18, must be authorized by an adult parent or guardian.

Conditions of Use, Notices, and Revisions

If you choose to visit Telemedicine of America, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of Georgia. If you have any concern about privacy at Telemedicine of America, please contact us with a thorough description, and we will try to resolve the issue.

Since Telemedicine of America changes constantly, our Online Privacy Notice and the Conditions of Use may also change. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Online Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Information You Provide

You provide most such information when you search, buy, participate in forums, or communicate with customer service. For example, you provide information when you search for a product; place an order through Telemedicine of America; communicate with us by phone, e-mail, or otherwise; or provide other information when opening an account. Due to those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; e-mail addresses of other people; and financial information, including personal identifiers.

Automatic Information

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; time and date of visit; computer and connection information such as browser type and version, operating system, and platform; purchase history; the full Uniform Resource Locator (URL) click stream to, through, and from our web site, including date and time; cookie number; products you viewed or searched for; products you visited; and the phone number you used to call our company.

During some visits we may use software tools such as SQL, Java, Analytics, or JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Much of this information is kept for purposes of protecting and tracing transactions should the need arise to intervene as in the case of stolen identities or credit card fraud.

Information from Other Sources

Examples of information we receive from other sources include updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase or communication in a timely fashion; account information, purchase or redemption information, and page-view information from some merchants with which we have agreements or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through search features; search results and links, including paid listings; and credit history information from credit bureaus, which we use to help prevent and detect fraud.

Information You Can Access

Examples of information you can access at Telemedicine of America vary with the type of account you have, whether consumer, vendor, merchant or retailer. The information accessible may include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications and preferences); payment settings (including credit card information); e-mail notification settings; product shopping lists; shipping and stocking information.

This concludes this section of our Online Privacy Notice, amended August 16, 2014.