Informed Consent and Permission for Telehealth Visit(s)
What is telehealth?
Telehealth sometimes called telemedicine; is a way to visit and receive care from your healthcare providers, such as your doctor or nurse practitioner.
You can talk using remote communication technologies like a telephone, computer, tablet, or smartphone to your provider from any place, including your home. You don’t go to a clinic or hospital for example:
- Having a health care appointment by telephone for an audio – only call, or through a video conferencing app.
- Allowing a patient to send health care questions and receive responses from you using messaging technologies (e.g., text messaging, instant messaging through a website, such as a patient portal, or using a mobile app) or email.
- Using remote patient monitoring technologies, such as a device to collect vital signs or a video monitoring system to help you keep track of the patient’s health, vital signs, and safety from a remote location.
Benefits of telehealth
Virtual visits are growing in popularity. Though in – person office visits may be necessary in certain cases, there are many benefits of telehealth care.
- Limited physical contact reduces everyone’s exposure to infectious diseases
- Virtual visits ensure you get health care wherever you are located – at home, at work or even
- in your car.
- Virtual visits cut down on travel, time off from work, and the need for childcare.
- Virtual health care tools can shorten the wait for an appointment.
- Increased access to specialists who may be located far away from your hometown
How do I use telehealth?
- You talk to your provider by phone, computer, or tablet.
- Sometimes, you use video so you and your provider can see each other.
- Process:
- Download a patient portal or a mobile app using email or text messages.
- Sign in to receive health care questions
- Send health care responses, like personal and medical information, surgeries, medications, allergies etc
- If determined by healthcare provider, then b uy a lab kit for at – home lab test or upload previous lab results
- Audio – Video consultation with Authorized providers
- If Medications are recommended, user pays for medications recommended and they are shipped to their houses from our pharmacy.
Potential risks for the use of telehealth
As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks include, but may not be limited to:
- In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical decision making by the clinician providing your healthcare via telehealth.
- Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment.
- In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information.
- In rare cases, a lack of access to complete medical records may result in adverse drug
- interactions or allergic reactions or other judgment errors.
- You and your healthcare provider will not be in the same room, so it may feel different from an office visit.
- Your healthcare provider may make a mistake because they cannot examine you as closely as at an office visit. (We do not know if mistakes are more common with telehealth visits.)
- Your healthcare provider may decide you still need an office visit if they feel that the information obtained via telemedicine was not sufficient to make a diagnosis.
- The video connection may not work, or it may stop working during the consultation.
- The video picture or information transmitted may not be clear enough to be useful for the consultation. Therefore, you may be required to go to the healthcare provider’s office.
- Not all networks are private and secure. It is the responsibility of the patient to ensure that the network and device used by the patient for telehealth services is secure and private.
Will my telehealth visit be private?
- Telehealth visits are not recorded. Your healthcare provider will take notes as they normally would in our secure electronic medical records system, which is separate from our telehealth technology.
- If people are near you, private information may be overheard by others. You should be in a private place, so other people cannot hear you.
- Your healthcare provider will tell you if someone else from their office can hear or see you.
- The “DARYL” uses telehealth technology that is designed to protect your privacy.
- However, as with any internet – based communication, there is a very small chance that someonecould use technology to hear or see your telehealth visit.
What if I want an office visit, not a telehealth visit?
For now, almost all visits are by telehealth. You must wait until the office opens for all other appointments. We do not know when that will be.
What if I try telehealth and don’t like it?
- You can stop using telehealth any time, even during a telehealth visit.
- You can still get an office visit if you no longer want a telehealth visit. But until the office opens for all appointments, you will get an office visit only for one of the reasons listed above.
- If you decide you do not want to use telehealth again:
- call 786-608-0995 and say you want to stop, OR
- sign into your patient portal and or mobile app and cancel your account.
- It will be as if you never signed this form.
How much does a telehealth visit cost?
- The cost, if any, will be disclosed to you prior to making any payment.
- A telehealth visit will not cost any more than an office visit.
- If your provider decides you need an office visit in addition to your telehealth visit, you may have to pay for both visits.
Do I have to sign this document?
No. Only sign this document if you want to use telehealth.
What does it mean if I sign this document?
If you sign this document, you agree that:
- We talked about the information in this document.
- We answered all your questions.
- You want a telehealth visit.
NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW DEMOGRAPHIC AND MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE READ IT CAREFULLY.
If you received this Notice of Privacy Practices electronically, you have the right to a paper copy upon request.
Protecting your private information is our priority. This Statement of Privacy applies to “Dr. A, Revitalize Your Life” [hereinafter DARYL] and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to DARYL include www.drarevitalizeyourlife.com.
The DARYL application is a telehealth application. By using the DARYL application, you consent to the data practices described in this statement.
WHAT DOES THE PRIVACY RULE REQUIRE?
The Privacy Rule prohibits the use or disclosure of protected health information or PHI, unless the
patient has signed an authorization to disclose PHI.
WHAT IS AN AUTHORIZATION TO DISCLOSE?
A written document signed by the patient giving permission for a health care provider to disclose
PHI to specified individuals and/or entities.
A patient’s authorization to disclose is not required for the following purposes:
- For the treatment of a patient
- For payment of or billing for services
- For health care operations (for example, quality assurance, credentialing, audits, compliance monitoring)
Protected health information may also be provided to patient caregivers (for example family members) but only if the patient expressly agrees or impliedly consents.
Certain disclosure may also be made by a health care provider without patient authorization to accomplish public health activities and other permitted uses as set forth in the Privacy Rule.
COLLECTION OF YOUR PHI
We do not collect any personal information about you unless you voluntarily provide it to us. In order to better provide you with health care and services offered, DARYL may collect PHI information.
WHAT IS PHI?
Protected health information includes demographic and medical information that concerns the past, present, or future physical or mental health of an individual.
Demographic information could include your name, address, telephone number, Social Security number and any other means of identifying you as a specific person.
Protected health information contains specific information that identifies a person or can be used to identify a person. Protected health information is health information created or received by a health care provider, health plan, employer, or health care clearinghouse.
PHI is also defined as any health information created or received by a health care provider that: (1) identifies and individual; and (2) relates to that individual’s past, present, or future physical or mental health condition or to payment for health care.
Protected health information includes information in any form or medium, from a paper medical record to a conversation between colleagues consulting on the care of a patient.
If you purchase DARYL’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account (b) sending us an email message; (c) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
USE OF YOUR PHI
DARYL collects and uses your personal information to operate and deliver the health care services you have requested.
DARYL may also use your personally identifiable information to inform you of other products or services available from DARYL and its affiliates.
WHERE YOUR INFORMATION WILL BE HELD
Our Mobile App / Site operates in the Florida U.S.A. If you are located outside of the Florida U.S.A., please be aware that all information you provide us will be transferred to and stored and processed in the Florida U.S.A. Please also be aware that by using our Site and giving us your information, you consent to such U.S. transfer, storage and processing. You also understand that the Florida and U.S.A. privacy laws may be different from the laws of your State / country.
LINKS TO OUTSIDE WEB SITES
This Site may contain links to third party sites not controlled by DARYL. We recommend that you check the privacy statement of other sites you visit before providing any personal information. Any offers made in advertising on our Site are the sole responsibility of the companies making the offers.
SHARING INFORMATION WITH THIRD PARTIES AND OR TECHNOLOGY VENDOR
DARYL does not sell, rent or lease its customer lists to third parties.
DARYL may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to DARYL, and they are required to maintain the confidentiality of your information.
DARYL may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DARYL or the site; (b) protect and defend the rights or property of DARYL; and/or (c) act under exigent circumstances to protect the personal safety of users of DARYL, or the public.
INDIVIDUAL RIGHTS
You have the right to request that the “DARYL” restrict the use and disclosure of your protected health information to carry out treatment, payment, or health care operations. You may also limit disclosures to individuals involved with your care. The “DARYL” is not required to agree to any restriction.
You have the right to be assured that your information will be kept confidential. The “DARYL” will contact you in the manner and at the address or phone number you select. You may be asked to put your request in writing. If you are responsible to pay for services, you may provide an address other than your residence where you can receive mail and where the “DARYL” may contact you.
You have the right to inspect and receive a copy of your protected health information that is maintained by the “DARYL” within 30 days of the “DARYL”’s receipt of your request to obtain a copy of your protected health information. You must complete the “DARYL”’s Authorization to Disclose Confidential Information form and submit the request to the local county health “DARYL” or Children’s Medical Services office. If there are delays in the “DARYL”’s ability to provide the information to you within 30 days, you will be told the reason for the delay and the anticipated date your request can be fulfilled.
Your inspection of the information will be supervised at an appointed time and place. You may be denied access to some records as specified by federal or state law.
If you choose to receive a copy of your protected health information, you have the right to receive the information in the form or format you request. If the “DARYL” cannot produce it in that form or format, you will be given the information in a readable hard copy form or another form or format that you and the “DARYL” agree to.
The “DARYL” cannot give you access to psychotherapy notes or certain information being used in a legal proceeding. Records are maintained for specified periods of time in accordance with the law. If your request covers information beyond that time, the “DARYL” is not required to keep the record and the information may no longer be available.
If access is denied, you have the right to request a review by a licensed health care professional who was not involved in the decision to deny access. This licensed health care professional will be designated by the “DARYL”.
DUTIES
The “DARYL” is required by law to maintain the privacy of your protected health information. This Notice of Privacy Practices tells you how your protected health information may be used and how the “DARYL” keeps your information private and confidential. This notice explains the legal duties and practices relating to your protected health information.
The “DARYL” has the responsibility to notify you following a breach of your unsecured protected health information. As part of the “DARYL”’s legal duties, this Notice of Privacy Practices must be given to you. The “DARYL” is required to follow the terms of the Notice of Privacy Practices currently in effect.
SECURITY OF INFORMATION
Please note that although we take reasonable steps to protect your information, no website or computer system or wireless connection is completely secure. Using video conferencing apps and other remote communication technologies for telehealth can come with risks to the privacy and security of their health information and how these risks can be mitigated. Some examples of risks that may be relevant to your patients, depending on the circumstances and which technologies you use, may include the following:
- Viruses and other malware. Even with privacy and security protections, there is a risk of viruses or other malware infecting a website or app used for telehealth. Patients should be aware of the availability of anti-malware solutions to guard against viruses or other malicious software. There are many anti-malware solutions available for purchase and some that may be included on a patient’s device at no additional cost.
- Unauthorized access. Cyber-criminals might exploit unpatched software to gain access to a patient’s device and health information. Patients can lower this risk by applying updates to software installed on their devices as soon as they become available. Frequent updates improve security by fixing vulnerabilities cyber-criminals are known to exploit.
- Accidental disclosures. If the patient is not in a private location during the telehealth appointment, then other persons may hear or see sensitive health information about the patient. Patients can decrease the risk of accidental disclosures when others are present by positioning their device so others cannot see their device’s screen and, if available, using a headset or headphones. Or, if a live chat function is available on the telehealth website or mobile app, a patient can use this to communicate instead of using their device’s speakers and microphone.
CHANGES TO THIS STATEMENT
The “DARYL” may change the terms of its notice.
The change, if made, will be effective for all protected health information maintained by the “DARYL”. New or revised Notices of Privacy Practices and all forms referenced in this Notice of Privacy Practices may be accessed on the “DARYL”’s website at www.drarevitalizeyourlife.com and will be available by email and at “DARYL” office location. Also available are additional documents that further explain your rights to inspect, copy, or amend your protected health information.
Your continued use of the application and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
CONTACT INFORMATION
DARYL welcomes your questions or comments regarding this Statement of Privacy. If you believe
that DARYL has not adhered to this Statement, please contact DARYL at:
Dr. A, Revitalize Your Life
1011 Sunnybrook Rd Ste 903
Miami, Florida 33136
Email Address:
[email protected]
Telephone number:
786-608-0995
Website / App Terms of Use and Conditions
Agreement between User and www.drarevitalizeyourlife.com
Welcome to www.drarevitalizeyourlife.com. The www.drarevitalizeyourlife.com website (the “Site” “App”) is comprised of various web pages and mobile application operated by Dr. A, Revitalize Your Life [hereinafter DARYL.] Site/App is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Site/App constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Site/App is an E-Commerce Site.
Telehealth company that provides telemedicine consultations, medications and vitamins to patients.
Privacy
Your use of Site/App is subject to DARYL’s Privacy Policy. Please review our Privacy Policy at www.drarevitalizeyourlife.com/privacypolicy which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Site/App or sending emails to DARYL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DARYL is not responsible for third party access to your account that results from theft or misappropriation of your account. DARYL and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
DARYL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Site/App only with express written permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Site/App may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DARYL and DARYL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DARYL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DARYL of the site or any association with its operators.
Certain services made available via Site/App are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site/App domain, you hereby acknowledge and consent that DARYL may share such information and data with any third party with whom DARYL has a contractual relationship to provide the requested product, service or functionality on behalf of Site/App users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Site/App strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to DARYL that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of DARYL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. DARYL content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DARYL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DARYL or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
DARYL has no obligation to monitor the Communication Services. However, DARYL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DARYL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DARYL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DARYL’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DARYL does not control or endorse the content, messages or information found in any Communication Service and, therefore, DARYL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DARYL spokespersons, and their views do not necessarily reflect those of DARYL.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Site/App or Posted on Any Dr. A, Revitalize Your Life Web Page DARYL does not claim ownership of the materials you provide to Site/App (including feedback and suggestions) or post, upload, input or submit to any DARYL Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DARYL, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DARYL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DARYL’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Out of Florida / International Users
The Service is controlled, operated and administered by DARYL from our offices within the USA. If you access the Service from a location outside Florida / the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dr. A, Revitalize Your Life Content accessed through Site/App in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless DARYL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DARYL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DARYL in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these .
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DARYL agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DARYL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. DARYL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DARYL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DARYL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DARYL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
DARYL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and DARYL as a result of this agreement or use of the Site. DARYL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DARYL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DARYL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DARYL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DARYL with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
DARYL reserves the right, in its sole discretion, to change the Terms under which Site/App is offered. The most current version of the Terms will supersede all previous versions. DARYL encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
DARYL welcomes your questions or comments regarding the Terms:
Dr. A, Revitalize Your Life
1011 Sunnybrook Road, Suite 903
Miami, Florida 33136
Email Address: [email protected]
Telephone number: 786-608-0995
Effective as of August 11, 2023