Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. ERMeds.com is not a health care provider or pharmacy or physician, but provides care coordination services for its customers, including contacting your physician, retaining your medical records for review of physicians or pharmacies at your direction and arranging for a prescription to be forwarded to a pharmacy. ERMeds.com charges a fee of $70 for those services that will be included in the charged amount on your COD. You will be charged separately for any medical consultation ($50) or prescription drug product, shipping and other such costs. ERMeds.com may collect these fees on behalf of the doctor, pharmacy and shipping provider and reimburse them accordingly.
ERMeds.com is not a health care company or licensed provider of medical services. ERMeds.com does not participate in health care services, does not convey any information beyond that which you provide to us or provide any other service beyond the coordination of the treatment and therefore is not responsible for the medical and pharmacist diagnosis and treatment.
To act as your representative in contacting the providers and coordinating your services, we will be required to use information that would otherwise be protected health information under HIPAA. We will keep confidential and protect your health care information to the same extent as would a covered entity under the HIPAA disclosures located here (http://www.hhs.gov/ocr/privacysummary.pdf. By clicking below, you hereby agree to the above terms and that ERMeds.com will be permitted to contact your health care providers and use your health care information for the purpose of providing information to your health care providers.
In order for us to verify the medical history that you have provided you hereby give your permission for us to contact your healthcare provider within the confidential requirements of H.I.P.P.A .. ERMeds.com acknowledges that this information is being disclosed from records whose confidentiality is protected by law. State and Federal laws prohibit us from making any further disclosure of such information without the consent of the person to whom such information pertains, or as otherwise permitted by such laws. With regard to HIV/AIDS and psychiatric/psychological records (if applicable), a specific written consent or a court order is required. A general authorization for the re-release of medical or other information is NOT sufficient for this purpose.
ERMeds.com ("ERMeds.com") makes available for your use on this Web site (the "Site") the services operated by ERMeds.com (collectively, the "Services"), information and documents (collectively, the "Materials"), subject to the terms and conditions set forth in this document (the "T&C's"). By accessing or using this Site or trying or purchasing any ERMeds.com services, you are agreeing to these Terms and Conditions. In addition, when using particular Documents or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. If you breach any of the Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.
2. You give your permission for ERMeds.com and our introduced medical partners to perform and undertake a medical consultation and evaluation of you as a potential patient.
3. By submitting a questionnaire for review for a consultation and possible prescription(s), you agree to release from liability and hold harmless ERMeds.com, their affiliates, subsidiaries, directors, officers, employees, representatives, and independent contractors from all causes of action, suits, penalties, liens, judgments, liabilities, obligations, losses, actual or consequential damages, actual or threatened claims which may arise at any time by reason of, relating to, arising directly or indirectly out of any matter whatsoever related to the prescription of your selected medication.
4. This consultation is being submitted by your own choice, at your own expense, and your own liability and you assume all responsibility for your use of treatments prescribed by any introduced doctor. You fully understand that it is your responsibility to have an annual physical examination, including any suggested laboratory tests, to ensure that you have no disease that might be incompatible for your self-described condition. You further agree to immediately notify any doctor whose present care you are under that you have chosen to take a prescription prescribed by a doctor introduced by ERMeds.com so that they may advise to continue or discontinue use. Should you engage a new doctor's care in the future; you further agree to immediately notify said doctor of your use of treatments prescribed by a doctor introduced by ERMeds.com.
5. You hereby release ERMeds.com and all of their employees and contractors including physicians and pharmacists from any and all liability whatsoever associated or connected with your consultation and/or your use of treatments prescribed. You hereby state that you are an adult as defined in the state of which you reside. You understand that falsifying information in order to obtain prescription medication is a violation of both State and Federal US law. You hereby agree to answer truthfully all of the medical questions on the questionnaire.
6. You understand that no introduced doctor, nurse, or administrative personnel can guarantee that beneficial treatments, even if prescribed, will provide the results you seek. Further, you understand that even if prescribed, you may suffer adverse effects from treatments. You hereby release ERMeds.com and all of its employees and contractors including introduced physicians and pharmacists from any and all liability whatsoever associated with any adverse effects you may suffer from your use of prescribed treatments. You understand that it is your responsibility to furnish ERMeds.com with your complete and accurate medical history and follow up thereafter with any changes to it which occurs at a subsequent time.
7. You understand that the proposed consultation and care may involve risks and possibilities of complications, and that certain complications or side effects have been known to occur in patients who take prescribed treatments even when the utmost care, judgment, and skill are used. You acknowledge that no guarantees have been made to you as to the results or are there any guarantees against favorable results, risks, or complications.
8. You understand and acknowledge that there is no implied warranty to you and that treatments may benefit one patient and not another. You understand that there is no known medical treatment that gives 100% satisfaction to everyone.
9. You understand and agree that ERMeds.com and its employees may see any information you provide to your physician and that such information will constitute a medical record. You further understand and agree that ERMeds.com, your physician, or both will maintain your medical record(s).
10. You understand and acknowledge that any physician introduced to you by ERMeds.com will undertake a face to face or telephone consultation with you and that he\she will refer to your medical records during this consultation. Where a telephone consultation takes place, he/she will refer to your latest physical examination record to provide additional information that will be used in their diagnosis and any potential subsequent prescribing of medication for you. This physical examination will be verified with your existing/previous physician and must not be more than 12 months (twelve months) old.
11. You acknowledge and agree that you initiated the contract with ERMeds.com and that the physicians it introduces you to may be located in another state from your own.
12. You fully understand and agree that if you fail in any way to furnish ERMeds.com with your complete and accurate medical history, or you become aware of any changes in your physical or medical condition in the future and you fail to notify ERMeds.com or its physicians of such changes, then you agree that you are solely responsible for any adverse effects you may suffer from taking or continuing to take treatments prescribed by physicians introduced by ERMeds.com or from participating in this program.
13. Refunds will be given at the discretion of ERMeds.com management.
14. You understand and agree that you are responsible for all customs, tariffs, and taxes, if applicable, in your state.
15. YOU UNDERSTAND AND AGREE THAT YOU ARE ACCEPTING OR REJECTING THE TERMS OF THIS "CONSENT TO MEDICAL CARE'' BY ELECTRONICALLY MAKING YOUR CHOICE BELOW. IF YOU SELECT "I Agree", YOU ACKNOWLEDGE THAT SUCH CHOICE WILL CONSTITUTE THE EQUIVALENT OF YOUR SIGNATURE UPON A BINDING AGREEMENT BETWEEN ERMeds.com AND YOURSELF.
16. You have read and understood the above-referenced provisions and authorize and accept the proposed terms and care regardless of the medical or legal risks and you declare that you understand the risks.
17. If, after review of your questionnaire, a doctor determines that a prescribed treatment is the appropriate treatment for your condition, you hereby authorize a charge of $120.00 to be charged to your COD as a consultation fee. This fee is split between ERMeds.com for the provision of its coordinating services to you and the introduced physician for the provision of his\her consultation to you. You understand that this charge is in addition to the cost of any possible prescribed medication, and if so, you understand that you may automatically qualify for up to two additional months of refills without a processing or additional consultation fee. You also understand that you must initiate any refills by contacting ERMeds.com via its website. You hereby authorize shipping and prescription charges to be charged to your COD in accordance with the shipping information that you have supplied and any prescriptions that have been prescribed to you as a result of the doctors' consultation.
18. If you are not granted a consultation by the doctor, a $25.00 administration charge will be made for the doctor that reviews your medical records and determines that prescribed treatments are not appropriate for your condition. You must answer ALL Questions requested in the questionnaires. If you feel a particular question does not apply, do not check the associated field or fill in the associated description box.
19. The materials on the Site may include inaccuracies or typographical errors and are subject to change at any time. The materials are provided "as is" without warranty of any kind.
20. In no event will ERMeds.com or its suppliers be liable for indirect, special, incidental or consequential damages, whether in an action of contract or tort, arising out of the use of or inability to use the materials available on the Site, even if advised of the possibility of such damages. In particular, and without limitation, ERMeds.com shall have no liability for any loss of use, data - including the costs of recovering such data - or profits.
21. Copyright Limited License: the Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, ERMeds.com and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.
22. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of ERMeds.com.
23. Use of Site Information: Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:
a.) The documents and information may be used solely for personal, informational, internal, non-commercial purposes,
b.) The documents and information may not be modified or altered in any way,
c.) The documents and information on the Site may not be distributed,
d.) You may not remove any copyright or other proprietary notices contained in the documents and information,
e.) ERMeds.com reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from ERMeds.com, and
f.) The rights granted to you constitute a license and not a transfer of title. The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site.
24. Personal Information and Privacy: To learn about how ERMeds.com protects your personal information, refer to the ERMeds.com Privacy Policy.
25. Trademark Information: The trademarks, logos and service marks ("Logos") displayed on this Site are the property of ERMeds.com or other third parties. You are not permitted to use the Logos without prior written consent of ERMeds.com or such third party which may own the Logos. ERMeds.com and the ERMeds.com logo are trademarks of ERMeds.com.