THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF MY
MEDICAL SCHEDULER LLC SERVICES!
If a patient is suspected of, has received a diagnosis or
advisement of, or a reasonable person would believe the patient requires
evaluation or diagnosis for incompetence due to an inability to manage their
own affairs, the patient must have a legal guardian accept this Agreement on
their behalf. Legal guardianship status must be disclosed to My Medical
Scheduler, and full legal guardianship documentation must be submitted. Both
disclosures and documentation must be emailed to hello@mymedicalscheduler.com,
using the subject line: 'Account Documentation.'
Additionally, if you are under the age of 18 (or the age of
majority in your jurisdiction), you are not authorized to accept this Agreement
independently. STOP! You must have your parent or legal guardian review and
accept this Agreement on your behalf. The Client agrees to provide all
information or documentation requested by My Medical Scheduler promptly and
within the timelines specified by My Medical Scheduler. Timely compliance is
essential to the fulfillment of this agreement. The Client should delay signing
this contract if they cannot comply with these requirements. Failure to meet
these obligations may result in delays, disruptions, or, at the sole discretion
of My Medical Scheduler LLC, the termination of this contract without further
obligation or liability.
If the Client is already under contract with My Medical
Scheduler and a situation arises requiring a timely response, failure to
respond within the specified timeframe will be considered non-compliance. In
such cases, My Medical Scheduler reserves the right to change the Client's
account status from active to inactive. The Client acknowledges that
maintaining an active account status is contingent upon their compliance with
these requirements.
MY MEDICAL SCHEDULER User Agreement
Effective Date: 04/01/2025
This My Medical Scheduler User Agreement (the "Agreement") is
by and among you, My Medical Scheduler., LLC. and applies to your use of the My
Medical Scheduler Services through your My Medical Scheduler account.
If you do not agree to the terms of this Agreement, please
do not use the My Medical Scheduler Services.
NOTE: TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT
CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN
SECTION 16 THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO
ANY "CLAIM" (AS DEFINED IN SECTION 16) BETWEEN YOU AND MY MEDICAL
SCHEDULER. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS
ACTION WAIVER PROVISION PROVIDED THAT YOU FOLLOW THE PROCEDURE SET FORTH IN
SECTION 16.
1. Definitions
"My Medical Scheduler " means the account created
by a person that is used in connection with the My Medical Scheduler Services.
"My Medical Scheduler Service(s)" means the Services,
applications, communications, software, content, information and data we make
available to you through your My Medical Scheduler resources and tools,
including but not limited to, for example, the My Medical Scheduler Client
Portal, My Medical Scheduler business phone, My Medical Schedule Case Managers,
and Emails from My Medical Scheduler.
Community refers to individuals and entities associated with
or connected to the My Medical Scheduler business, contributing to its
operations, objectives, and Services. This includes, but is not limited to,
patients; caregivers; guardians; current or former healthcare providers, such
as doctors and staff affiliated with the patient’s care; pharmacists;
rehabilitation facilities; hospitals; emergency medical technicians (EMTs); as
well as My Medical Scheduler's board of advisors, interns, volunteers,
contractors, affiliates, partners, employees, out-sourced Services,
transportation Services, influential businesses, associations, organizations,
circles of influence, and any other person or entity engaged in activities
furthering the goals or operations of My Medical Scheduler.
2. Limited Liability
Your sole and exclusive remedy for any dispute with us is
the cancellation or inactve status of your registration or account. In no event
shall our total cumulative liability to you
for any and all claims relating to or arising out of your use of the Services
or otherwise in connection with this Agreement, regardless of the form of
action, exceed the total amount of fees, if any, that you paid for the Services.
In the immediately preceding six (6) months prior to any such claim.
3. No doctor patient relationship
No licensed medical professional/ patient relationship is created by using information provided by or through the use of the My Medical Scheduler Services or through any other communication from us. We make no guarantees, no representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information or other information through the Services. Furthermore, we do not in any way endorse or recommend any individual, business, or organization listed or accessible through the Services. In no event shall we be liable to you, or anyone else for any decision made or action taken by you in reliance on any such information.
4. License
Subject to the terms of this Agreement, My Medical Scheduler
grants you a non-exclusive,
non-transferable, revocable license to use the My Medical Scheduler Services
solely for your personal and non-commercial use. You are not allowed to lease,
rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, decompile
or disassemble all or any portion of the My Medical Scheduler Services without My
Medical Scheduler's written consent, or unless otherwise expressly permitted by
applicable law.
3. Creating and Managing Your Medical Scheduler
You must have an active user status with Medical Scheduler to
use the My Medical Scheduler Services. Unless we permit otherwise, each person
may only have one Medical Scheduler account.
When you create your My Medical Scheduler, you must provide
us with accurate information. You must promptly or no later than 7 business
days must update your My Medical Scheduler information if it changes. We
reserve the right to deny, ban, or cancel your Medical Scheduler and any
accounts associated with your My Medical Scheduler for any reason.
If you change the Country, State, or County of your My
Medical Scheduler , you must agree to the My Medical Scheduler User Agreement applicable to the new Country,
State, or County and use any existing account balance. Certain My Medical
Scheduler Services and My Medical
Scheduler rights may be impacted if you
change your Country, State, or County registration.
To protect your My Medical Scheduler , please keep your My
Medical Scheduler information
confidential. You are responsible for all activity and purchases on or through
your My Medical Scheduler and any
accounts associated with your My Medical Scheduler . Please notify My Medical
Scheduler if you learn of any
unauthorized use of your My Medical Scheduler or associated accounts.
4. Use of the My Medical Scheduler Services
The My Medical Scheduler Services include third party Services,
applications, software, content, and data ("Third Party Services"),
as well as links to websites that contain such Third Party Services. My Medical
Scheduler does not own, control,
endorse, review or monitor the Third Party Services, makes no representation or
warranties of any kind regarding the Third Party Services, and is not
responsible for any Third Party Services. If you access or use any Third Party Services,
you do so at your own risk. Your use of any Third Party Services may be subject
to additional terms imposed by the third party that operates such Third Party Services.
The My Medical Scheduler Services may vary by country or region and not
all My Medical Scheduler Services are
available to all My Medical Scheduler holders.
In the event that your My Medical Scheduler account is
deactivated, you may not be able to enjoy the rights and benefits of your My
Medical Scheduler via that My Medical
Scheduler Service account. My Medical
Scheduler is not responsible or liable to you for any losses resulting from any
such deactivation.
Your My Medical Scheduler may not be transferred to another person.
You are responsible for all costs incurred in connection
with your use of the device on which you access the Medical Scheduler Services, virtual Case Manager, Consultations
or other Services including for example, all mobile data and service plans.
From time to time, we may suspend, modify, or terminate all
or some of the My Medical Scheduler Services
without liability or notice to you. You may elect to terminate the Agreement. In
the event you elect to terminate the Agreement. The parties shall have no
further obligation to each other except for payment obligations or other
obligations as required by law.
We strive to keep the My Medical Scheduler Services up and
running; however, all online Services suffer occasional disruptions and
outages. In the event of an outage, you may not be able to access the My
Medical Scheduler Services. In addition, you acknowledge that certain
components of the Medical Scheduler Services require an internet connection,
and the performance of these components may depend upon the quality and
stability of your internet connection.
TO THE EXTENT PERMITTED BY LAW AND WITHOUT LIMITING SECTION
15, MY MEDICAL SCHEDULER DOES NOT MAKE ANY GUARANTEE OR WARRANTY WITH RESPECT
TO THE AVAILABILITY OR PERFORMANCE OF THE MY MEDICAL SCHEDULER SERVICES OR ANY CONTENT YOU MAY STORE OR
ACCESS THROUGH THE MY MEDICAL SCHEDULER SERVICES,
AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MY MEDICAL SCHEDULER SPECIFICALLY DISCLAIMS ANY GUARANTEE OR
WARRANTY THAT THE MY MEDICAL SCHEDULER SERVICES
OR ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE MY MEDICAL SCHEDULER SERVICES WILL NOT BE SUBJECT TO DISRUPTION,
DAMAGE, LOSS, OR REMOVAL (A “SERVICE INTERRUPTION"). MY MEDICAL SCHEDULER SHALL NOT BE RESPONSIBLE SHOULD ANY SUCH
SERVICE INTERRUPTION OCCUR, AND YOU AGREE THAT IN NO EVENT WILL YOU BE ENTITLED
TO OR RECEIVE A REFUND, CREDIT OR ANY OTHER COMPENSATION FOR ANY CONTENT OR
PORTION OF THE MY MEDICAL SCHEDULER SERVICES
THAT YOU ARE NOT ABLE TO USE OR HAVE DIFFICULTY USING, IN WHOLE OR IN PART, DUE
TO ANY SERVICE INTERRUPTION.
5. Scope
My Medical Scheduler is not responsible for health-related information provided through the Services from providers, such as medical professionals and organizations, including answers to any health-related questions submitted through the Services. Any information that My Medical Scheduler itself may provide in connection with the Services is for informational purposes only, and is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Things stated or posted on the Services by My Medical Scheduler is intended to be and must not be taken to be the practice of medicine, nursing, pharmacy, occupational therapy, physical therapy, social work, casework or any other professional healthcare advice or provision of medical care.
6. Updates to My Medical Scheduler Services
The My Medical Scheduler Services are constantly evolving, and we may Update
or change features and functionality of the My Medical Scheduler Services from time to time
("Updates"). You may not be able to continue using some of the My
Medical Scheduler Services after the Updates.
Some of these Updates may be provided automatically without notice to you. By
accepting this Agreement, you consent to My Medical Scheduler automatic Updates
to the My Medical Scheduler Services.
You agree that any Update is covered by this Agreement.
6. User-Generated Content
The My Medical Scheduler Services uses information you
either input or you or third party provided
and then we create, distribute and share the User-Generated Content.
"User Generated Content" means information that you have given or
your third party provided to share with clients
or a community connected to My Medical Scheduler or My Medical Scheduler Services.
My Medical Scheduler is not responsible or liable for any
User-Generated Content. We are not responsible for any loss or damages
associated with any User-Generated Content, nor are we liable for any
incorrect, defamatory, libelous, false, obscene, or offensive content encountered
in connection with User-Generated Content. User-Generated Content is the sole
responsibility of the user that made it available in connection with the My
Medical Scheduler Services.
By accepting this Agreement, you give My Medical Scheduler
permission to use and change your User Generated Content in any way and for any
purpose of servicing our clients or client’s community.
By making User-Generated Content available via the My
Medical Scheduler Services, you
represent that you are entitled to do so and agree that My Medical Scheduler is
not obligated to monitor or protect your rights in any User-Generated Content.
However, you give My Medical Scheduler the option and right to enforce your
rights in such User-Generated Content, including, for example, the right to
take legal action (at our cost) on your behalf.
The My Medical Scheduler Services may include tools that allow you to
share your User-Generated Content directly to third party platforms and Services
(each, an “Authorized Platform")(Scheduling Service Provider, Merchant Services
Provider, Telephone & Email Providers, Contracted Service Providers for Shipping,
Merchants for Products, Merchants for Incentives and Rewards program). You
agree to only use and share User-Generated Content pursuant to the
functionality provided by My Medical Scheduler as part of the My Medical
Scheduler Services or any functionality
inherent in any Authorized Platform, or as otherwise authorized by My Medical
Scheduler LLC., and you agree that you will not use or share (nor sub-license
or otherwise permit any third party to use or share) your User-Generated
Content for any other purpose. You further agree that, except to the extent
authorized by My Medical Scheduler, you will not (and will not permit any third
party to) create or use any User-Generated Content for any commercial purpose,
including to receive payment or other consideration in exchange for access to
such User-Generated Content, whether pursuant to or within the functionality of
any Authorized Platform or otherwise.
7. Shopping Services; Rewards Program; Incentives; Online
Services
As part of the My Medical Scheduler Services, we make
certain shopping Services available to you (the "Shopping Services").
The Shopping Services may be accessed through your assistant, Your My Medical
Scheduler Case Manager to (an) establish and maintain an account balance and
(b) view or purchase certain products and Services ("Products"). The
Shopping Services may vary by State, City, Providence, Region, or County and
may not be available in all States, Cities, Providences, Regions, or Countries.
In using the Shopping Services, the patient, the patient’s
caregiver, the patient’s authorized person on the account, or the patient’s
guardian are responsible for all activity and purchases on or through your
Medical Scheduler Case Manager or any communication to My Medical Scheduler and
any accounts associated with your My Medical Scheduler. This includes
unauthorized, fraudulent, or erroneous transactions through your Medical
Scheduler, subject to any payment processing rules or applicable law. Please
notify immediately or no later than 7 business days My Medical Scheduler if you
learn of any unauthorized purchases through your My Medical Scheduler by both
phone call & email:
Business Phone
317-732-5088
Business Email
Subject: Unauthorized
Except as otherwise permitted by My Medical Scheduler or as
required by applicable law, account balances on purchases are subject to the
merchant policies & procedures and may not be returnable or refundable.
My Medical Scheduler offers a rewards & incentive
program for referrals that convert to paying customers. We reserve the right to
modify such terms at any time without giving notice to you.
9. Use of Information
My Medical Scheduler (including its subsidiaries and
affiliates) may access, use, monitor, delete, disclose and/or preserve
information associated with your use of the My Medical Scheduler Services (including, without limitation,
User-Generated Content) as is necessary, in My Medical Scheduler’s discretion,
to (a) comply with applicable laws, rules, regulations, or orders; (b) enforce
this Agreement or protect the rights of My Medical Scheduler, its users, or the
public; (c) help prevent a loss of life or serious physical injury to anyone;
(d) prevent potentially illegal or offensive activities; and (e) provide and/or
improve features of the My Medical Scheduler Services.
10. Privacy Policy
We may use and share information that you give to us and
information that we collect when you use our products and/or Services
(including the My Medical Scheduler Services)
as described in our Privacy
Policy. This may include personally identifiable information as well as
anonymous or aggregate information about your use of the My Medical Scheduler Services. We recommend that you review our
Privacy Policy before each use of a My Medical Scheduler product or service to help you stay informed
of our privacy practices. Our Privacy Policy is designed to help you understand
the types of information that we collect, how we use and share the information
and how the information is protected.
12. Intellectual Property Rights
Other than your right to use the My Medical Scheduler Services as described in this Agreement, and
as between you and My Medical Scheduler , we retain and reserve all right,
title, and interest in and to the My Medical Scheduler Services, including without limitation, to all
My Medical Scheduler Intellectual
Property. "My Medical Scheduler Intellectual Property" means all
registered and unregistered trademarks, service marks, logos, registered and
unregistered designs, copyrights, database rights, inventions, patents, trade
secrets, know-how, and other confidential and proprietary information of My
Medical Scheduler , including without limitation, all other proprietary or
intellectual property rights of any kind in any country.
13. Breach and Termination of the Agreement; Changes to
the Agreement
My Medical Scheduler may terminate this Agreement, or any part of
it, if you fail to comply with its terms. My Medical Scheduler may also terminate all or a portion of this
Agreement, at any time, for legal, technical or commercial reasons. Upon any
such termination, you must immediately stop using the My Medical Scheduler Services.
You may terminate this Agreement by deleting your My Medical
Scheduler and discontinuing use of the My
Medical Scheduler Services. If you
initiate deletion of your My Medical Scheduler , or if we suspend, ban and/or
delete your My Medical Scheduler for any
reason, access to some or all of the My Medical Scheduler Services may be lost, and any accounts
associated with your My Medical Scheduler may be suspended or deleted.
We may change the terms of this Agreement from time to time.
When we update the Agreement, we will post the current version of the Agreement
on My Medical Scheduler 's website. If you do not agree to the changes, you
must immediately stop using the My Medical Scheduler Services. If you continue to use the My
Medical Scheduler Services, you will be
confirming your acceptance of the updated Agreement.
14. Indemnity
If My Medical Scheduler (including its subsidiaries and/or affiliates)
is subject to any actual or threatened claims, costs, damages, losses, or other
liabilities (collectively, "Covered Losses") as a result of your use
of any of the My Medical Scheduler Services,
or any data, information, or other item you make available through the My
Medical Scheduler Services, then you
agree to indemnify us from all such Covered Losses and any related costs, such
as reasonable attorneys' fees.
Some jurisdictions limit consumer indemnities, so some or
all of the indemnity provisions above may not apply to you. If you are
obligated to indemnify us, we will have the right, in our sole discretion, to
control any action or proceeding and determine whether we wish to settle it, and
if so, on what terms.
15. Disclaimer of Warranties and Limitation of Liability
USE OF THE MY MEDICAL SCHEDULER SERVICES IS AT YOUR SOLE RISK. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY MY MEDICAL SCHEDULER OR ITS REPRESENTATIVES CREATES A WARRANTY. THE
MY MEDICAL SCHEDULER SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, MY MEDICAL SCHEDULER DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE MY
MEDICAL SCHEDULER SERVICES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, MY MEDICAL SCHEDULER WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER
LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR
INABILITY TO USE THE MY MEDICAL SCHEDULER SERVICES, EVEN IF MY MEDICAL SCHEDULER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN ANY CASE, MY MEDICAL SCHEDULER 'S AGGREGATE LIABILITY TO YOU IN
CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE MY MEDICAL
SCHEDULER SERVICES IS LIMITED TO THE
AMOUNT YOU ACTUALLY PAID FOR THE MY MEDICAL SCHEDULER SERVICES. IF A LAW RESTRICTS OUR ABILITY TO
LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS LISTED ABOVE MAY NOT
APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO
THE GREATEST EXTENT PERMITTED BY LAW.
16. Dispute Resolution; Binding Arbitration; Class Action
Waiver
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
BY ENTERING INTO THIS AGREEMENT, YOU AND MY MEDICAL
SCHEDULER EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION.
a. In the event of a dispute between you and My Medical
Scheduler LLC. The dispute will be resolved by binding arbitration pursuant to
the rules of the American Arbitration Association Commercial Arbitration Rules.
The place of the arbitration shall be in Indianapolis, IN. Notwithstanding the
foregoing, either party may seek strictly injunctive or other non monetary
equitable relief to protect or enforce its intellectual property rights in
court. In the event that there is a dispute. Between you and My Medical
Scheduler that is determined not to be subject to arbitration, exclusive
jurisdiction and venue shall be in the state of federal court in the city and
county of Marion County, Indiana. Our Contact Center is available to address
any concerns you may have regarding your My Medical Scheduler and the My Medical Scheduler Services. You may contact them by phone at 317-732-5088
by email at hello@mymedicalscheduler.com, or by regular mail sent to My Medical
Scheduler LLC, Attn: User Agreement, 3535 W 55th St Crows Nest,
Indiana 46228 USA. Most matters are
quickly resolved in this manner to our customers' satisfaction. Any matter we
are unable to resolve and all disputes or claims arising out of or relating to
the My Medical Scheduler Services or
this Agreement, including its formation, enforceability, performance, or breach
(each, a "Claim"), with the exception of the matters described in
Section 16(c) below, shall be finally settled by binding arbitration
administered by the American Arbitration Association (the "AAA"), in
accordance with the provisions of its Commercial Arbitration Rules and the
supplementary procedures for consumer-related disputes of the AAA excluding any
AAA rules or procedures governing or permitting class actions or class
arbitrations. The arbitrator, and not any federal, state, or local court or
agency, shall have exclusive authority to resolve all Claims. The arbitrator
shall be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator's award shall be binding on the parties and
may be entered as a judgment in any court of competent jurisdiction. The
parties understand that, absent this mandatory provision, they would have the
right to sue in court and have a jury trial. They further understand that, in
some instances, the costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in arbitration than in court.
Any such arbitration shall be conducted by the parties in their individual
capacities only and not as a class action or other representative action, and
the parties waive their right to file a class action or seek relief on a class
basis. If any court or arbitrator determines that the class-action waiver set
forth in the preceding sentence is void or unenforceable for any reason or that
an arbitration can proceed on a class basis, then the arbitration provision set
forth in this Section shall be deemed null and void in its entirety and the
parties shall be deemed to have not agreed to arbitrate Claims.
b. The rules governing the arbitration may be accessed at
www.adr.org or by calling the AAA at +1-800-778-7879. To the extent the initial
filing fee for the arbitration exceeds the initial filing fee for a lawsuit, we
will pay the difference in fees. If the arbitrator finds the arbitration to be
non-frivolous, we will pay all of the actual filing and arbitrator fees for the
arbitration, provided your claim is less than $75,000. The arbitration rules
also permit you to recover attorney's fees in certain cases.
c. Section 16(a) does not apply to any Claim (i) in which a
party is attempting to protect its intellectual property rights (such as its
patent, copyright, trademark, trade secret, or moral rights, but not including
its privacy or publicity rights), or (ii) that may be brought in small-claims
court, in each case solely to the extent that any such Claim is not styled in
the form of a class action litigation.
d. 7-Day Right to Opt Out. You have the right to opt out of
the provisions of this Section 16 by sending written notice of your decision to
opt out to the following email address: hello@mymedicalscheuleer.com within 7
days from the date you created your My Medical Scheduler. Such a notice must
include the name of each person opting out, contact information, the phone
number and the email address registered to your Medical Scheduler. If you send
timely written notice containing the required information, then Section 16 will
not apply to you or My Medical Scheduler. If you do not send such notice, then
you agree to be bound by this Section 16.
16. Requirements
You agree to comply with the law, law enforcement and other
government requests.
You agree to comply when required by law. If required by federal,
state or local law.
-
Report abuse, neglect, or domestic violence
-
Judicial and administrative proceedings: To
respond to a court order, subpoena, or discovery request.
-
Law enforcement: For law, locate and identify
you or disclose information about a victim of a crime.
-
Specialized government functions: For military
or national security concerns, including intelligence, Protective Services for
heads of state, or your security clearance.
-
National security and intelligence activities: For
intelligence, counterintelligence, protection of the President, other
authorized persons or foreign heads of state, for purposes of determining your
own security clearance and other national security activities authorized by
law.
-
Workers compensation: To comply with workers
compensation laws or support claims.
-
Monetary: To comply with paying for Services
only if you are authorized to do so.
Notice of privacy
practices
Last updated 4/1/2025
This notice describes how your medical information may be used
and disclosed and how you can get access to this information. Please review it
carefully.
My Medical Scheduler LLC and its subsidiaries are committed
to maintaining your privacy, and we take our responsibility for safeguarding
your protected health information very seriously. My Medical Scheduler is
required by the Health Insurance Portability and Accountability Act, HIPAA, to
provide you with this notice to help you understand how we may use or share
protected health information about you.
The Following Uses and Disclosures of PHI that May Be Made
Without Your Authorization or Opportunity to Object:
My Medical Scheduler may use or disclose PHI (Personal
health information) and PII (Personal identifiable information) without your
authorization or opportunity to object including:
To help with public health and safety issues
-
To comply when required by law. If required by
federal, state or local law.
-
Report abuse, neglect, or domestic violence
-
Judicial and administrative proceedings: To
respond to a court order, subpoena, or discovery request.
-
Law enforcement: For law, locate and identify
you or disclose information about a victim of a crime.
-
Specialized government functions: For military
or national security concerns, including intelligence, Protective Services for
heads of state, or your security clearance.
-
National security and intelligence activities:
For intelligence, counterintelligence, protection of the President, other
authorized persons or foreign heads of state, for purposes of determining your
own security clearance and other national security activities authorized by
law.
-
Workers compensation: To comply with workers
compensation laws or support claims.
-
Monetary fraud: To comply with paying for Services
only if the person is authorized to do so.
-
Fraud: To comply with identity laws.
-
Public Health: To prevent the spread of disease,
assist in product recalls, and report adverse reactions to medication.
-
Required by the Secretary of Health and Human Services:
We may be required to disclose your Phi or PII to the Secretary of Health and
Human Services to investigate or determine our compliance with the requirements
of the First Rule on standards for privacy of individually identifiable health information.
-
Health oversight: For adults, investigations,
and inspections by government agencies that oversee the health care system,
government benefit programs, other government regulatory programs, and civil
rights laws.
-
Serious threat to health or safety: To prevent a
serious and imminent threat.
17. Severability
If any part of this Agreement is determined to be unlawful,
void or for any reason unenforceable, then that part will be severed from this
Agreement and the remainder of the Agreement will remain intact. Without limiting
the previous sentence, if the law in your jurisdiction limits the applicability
to you of any provision of this Agreement, such provision shall remain
applicable to you to the fullest extent permitted by applicable law. If we do
not enforce any provision of this Agreement, that will not be considered a
waiver of our rights. Any waiver of this Agreement must be in a written
document signed by an authorized representative of My Medical Scheduler .
18. Governing Law; Venue
The laws of the State of Washington, U.S.A., without regard
to its conflict of laws provisions, will govern this Agreement and any dispute
of any sort pertaining to this Agreement or the My Medical Scheduler Services that might arise between you and My
Medical Scheduler .
The parties consent to the exclusive jurisdiction of the
courts located in King County, Washington, U.S.A. with respect to the
resolution of either of the following: (a) an allegation by either party that
Section 16 is invalid or unenforceable or (b) any Claims, following (i) any opt
out from the provisions of Section 16 exercised in accordance with the
procedure set forth in Section 16(d) or (ii) a final determination that Section
16 is invalid or unenforceable.
19. International considerations
My Medical Scheduler is based in the United States. My
Medical Scheduler makes its Services available to its clients and global
community. Those who access the Services of My Medical Scheduler or provide
community support from other locations outside of the United States are
responsible for compliance with applicable local laws the Services may be
subject to applicable export laws and other restrictions. A client or community
supporter with information about local laws as they pertain to My Medical
Scheduler must immediately disclose that information in writing to
hello@mymedicalscheduler.com.
20. Contact Information
If you wish to contact My Medical Scheduler concerning the My Medical Scheduler Services, you may use the contact information
provided: 317-732-5088 Business Phone Number; hello@mymedicalscheduler Business
Email address.
20. Customers Using Smart Device Operating Systems from
Apple, Inc.
This Section 20 applies to users who use any My Medical
Scheduler Services on smart device
operating systems provided by Apple, Inc. (hereinafter "Apple"). In
the event of conflict between this Section 20 and the Agreement, this Section
20 shall apply.
a. My Medical Scheduler grants a license to you only, for the
nonexclusive, nonassignable right to download and use the My Medical Scheduler Services
for your personal, noncommercial purposes, according to the terms of the App
Store Terms of Service.
b. Apple bears no responsibility for any claims by you or a
third party related to your possession or use of the My Medical Scheduler Services, including the following:
(1) A claim of product liability;
(2) A claim that the My Medical Scheduler Services do not comply with applicable law and
regulations;
(3) A claim based on any consumer protection act or similar laws and regulations;
(4) A claim by you or a third party that the My Medical Scheduler Services or the use of the My Medical
Scheduler Services by you infringes the
intellectual property rights of you or a third party.
c. You acknowledge and agree that Apple has no
responsibility to provide maintenance or support Services for the Medical
Scheduler Services.
d. The My Medical Scheduler Services are provided by My Medical Scheduler Co., Ltd., headquartered at 11-1 Hokotate-cho,
Kamitoba, Minami-ku, Kyoto 601-8501, Japan. Please see Section 19 of this
Agreement for contact information concerning the My Medical Scheduler Services.
e. You represent and warrant that you do not live in a US
export-embargoed country or a country designated as a State Sponsor of
Terrorism by the United States government and that you are not on the list of
people barred or excluded from the United States.f. You acknowledge and agree
that Apple and Apple's subsidiaries are third-party beneficiaries to this
Agreement, and that, by acknowledging the provisions of this Agreement, you
acknowledge that Apple has the right (or is deemed to have acknowledged the
right) to enforce this Agreement against you as third-party beneficiary.
21. Patient Portal Consent
a.
My Medical Scheduler provides a patient portal
to facilitate secure and confidential information.
b.
You are required to sign up and log in to use
the portal.
c.
This will enable us to quickly send you communication,
respond to communication make you aware of medical appointments and facilitate Services.
d.
Do not use the portal in an emergency; instead,
Call 911.
e.
You acknowledge and agree to the portals usage
agreement each time you sign in to use it.
f.
You are responsible for a timely update to any
inaccurate information.
g.
You are solely responsible for safeguarding and
managing your username and password. This includes changing your password as
needed and promptly reporting any breach or unauthorized access to your portal.
Such incidents must be reported within 2 hours, or immediately upon suspicion,
through both of the following methods:
1.
By phone,
317-732-5088
2.
By email, hello@mymedicalscheudler.com
22. Fees
NOTICE OF PRIVACY PRACTICES
LAST UPDATED APRIL 8, 2025
This notice describes how your Personally Identifiable Information
(PII) and Personal health information (PHI) may be used and disclosed and how
you can get access to this information. Please review it carefully.
My Medical Scheduler, LLC Is committed to maintaining your
privacy and we take our responsibility for safeguarding your Protected Health Information
(PHI) and Personally Identifiable Information (PII) very seriously. My Medical
Scheduler is required by the Health Insurance Portability and Accountability
Act (HIPAA) to provide you with this notice to help you understand how we may
use or share protected health information about you, that we obtain to provide Services
to you. Protected Health Information is the information we've received to
provide Services to you that identifies you or could be used to identify you
and relates to your past, present or future physical or mental health treatment
or your payment.
For your
treatment. Protected Health Information includes your medical history, medications
history, medical conditions, health insurance information, providers, networks,
name of legal guardian, name of
authorized persons or care giver, and other information we use to provide you
Services.
This notice applies to My Medical Scheduler and all third
parties. If you have any questions about this notice, please contact My Medical
Scheduler Privacy Office at the e-mail address listed below.
How we may use and disclose your protected health
information. At My Medical Scheduler, we use and disclose your protected health
information (PHI) to provide Services and ensure the best possible care. Below
are examples of how PHI may be shared without your written authorization:
o
For Services, Consultation, and Intake. Our team
and any third-party contractors hired by My Medical Scheduler act in compliance
with all relevant privacy regulations when handling PHI.
o
For Payment. We may use or disclose your
protected health information (PHI) to bill and collect payment for the products
or services we provide. For example, we may contact your insurance company,
health plan, or another third party to process payments for your services. In
certain situations, we may disclose PHI to confirm your identity or notarize
documents to ensure your protection and security. Additionally, we may obtain
PHI from or about your guardian or caregiver to verify their authority to
approve services and payments on your behalf.
o For Healthcare Operations. We may also disclose your protected health information for our day-to-day health care operations. For example, we may use your protected health information to monitor the performance of our MMS Care Manager, Express Care Manager, third parties, drivers, contractors, and anyone providing Services to our clients or to improve the quality and the effectiveness of the health care Services we provide.
We may also use and disclose your protected health information without your written authorization as follows:
·
Business Associates. We may contract with third
parties to perform certain Services to for us, such as accounting services,
consulting services, food services., transportation services, Durable medical
equipment services, other ad hoc. Products/services, or information technology services. In some
cases, these third party service providers, called business associates, may
need to access your protected health information to perform Services for us.
They are required by law in contract to protect your protected health
information.
·
Disclosures to parents or legal guardians. We
may release a miner's protected health information to their parents or legal
guardian consistent with applicable laws. For example, parents may order Services
on behalf of a minor child and access the child's service & history.
·
As required by law. We will disclose your
protected health information when required to do so by applicable law.
·
To avert serious threat to health or safety. We
may use disclosure protected health information to prevent a serious threat to
your health and safety or the health and safety of the public or another
person.
·
Military and veterans if you are a member or
veteran of the armed forces. We may disclose protected health information about
you as required by military authorities.
·
Research, surveys, and circle feedback. We may
use your protected health information to conduct research or disclose it to
researchers as authorized by applicable law. For example, we may use or
disclose your protected health information as part of a research study, and we
will establish processes to ensure the privacy of your information.
·
Workers compensation. We may disclose protected
health information about you for workers compensation or similar programs that
provide benefits for work related injuries or illness.
·
Public health activities. Applicable laws may
require or permit My Medical Scheduler to disclose certain protected health
information for reasons such as:
o
Preventing diseases or telling people when they
may have been exposed to or may be at risk of contracting a disease;
o
Reporting reactions to medications, problems
with products or product recalls;
o
Reporting information to your employer. If we
provide healthcare Services to you at the request of your employer or Services which
include absent from work notes;
o
Reporting information to your school or extracurricular
association. If we provide transportation Services to or from your school or association.
We may provide proof of your scheduled appointment (s) to your school or
association if you are a student, member of the association or a prospective
student of the school/ association and Services which include absent from
school notes.
o
Notify an A government authority if we
reasonably believe you are a victim of abuse or neglect. We will only disclose
this type of information to the extent required by law. If you agree to the disclosure,
or if we believe it is necessary to prevent serious harm to you or someone
else.
·
Health Oversight activities. We may disclose Protected
Health Information to a health oversight agency for activities authorized by
law. These oversight activities may include audits, investigations,
inspections, and licensure. These activities help the government monitor the
healthcare system, government programs, and compliance with civil rights laws.
·
Judicial and administrative proceedings. If you
are involved in a lawsuit or dispute, we may disclose protected health
information about you in response to a court or administrative order. We may
also disclose protected health information about you in response to a subpoena,
discovery request, or other lawful process by someone else involved in the
dispute.
·
Law Enforcement. We may disclose your protected
health information to the police or other law enforcement officials as required
by law or in compliance with a court order.
·
Coroners, Medical Examiners and Funeral Directors.
We may disclose protected health information to a coroner or medical examiner.
This may be necessary to identify a deceased person or determine the cause of
death. We may also disclose protected health information to funeral directors as
necessary to carry out their duties.
·
Correctional Institution. If you are or become
an inmate of a correctional institution, we may disclose to the institution, or
its agents protected health information necessary for your health and the
health and safety of others.
·
Specialized Government Functions. We may
disclose your protected health information to units of the government with
special functions, such as the US Secret
Service For the protection of the President, or the US Department of State to
make medical suitability determinations about individuals who are members of
the Foreign Service.
Choices you have about certain uses and disclosures of
your protected health information.
For certain protected health information, you can tell us
your choices about what we share. Sharing protected health information with others,
Including, close friends, family, or others that are not involved in your care
or payment of your care.
Any other users and disclosures of protected health
information that are not mentioned above will be made only with your
authorization. If you are unavailable prior to disclose, authorize or otherwise
not able to tell us your preference, we may exercise our professional judgment
to determine where they're sharing your information Is in your best interest.
If you have a preference for how we share your information
in the situations described in this notice (except patient portal) or wish to
revoke a prior authorization, please contact our Privacy Office in writing at
Hello@MyMedicalScheduler.com. Revocation requests must be submitted in writing.
Once received, we will no longer use or disclose your protected health
information as previously authorized. For the reasons covered by your written
authorization. We are unable to take back any disclosures. We have already made
based on your authorization.
Your rights regarding your protected health information. You
have the following rights regarding your protected health information:
·
Access. With a few exceptions, you have the
right to review a copy of your protected health information by submitting a
written request to the Privacy Office.
·
Amendment. If you feel that protected health
information in your record is incorrect or incomplete, you may ask us to amend
the information by submitting a written request to the Privacy Office. You must
provide a reason for your request. If we deny your request for an amendment, we
will provide you with a written explanation of why we denied it.
·
Restricting
or limiting disclosure. You have the right to request additional restrictions
on our use or disclosures of your protected health information by sending a
written request to the privacy office. We are not required to agree to the
restrictions, except in the case where the disclosure is to a health plan for
purposes of carrying out payment or healthcare operations. The disclosure is
not otherwise required by applicable law, and the protected health information
pertains solely to a healthcare product or service for which you or person on
your behalf, has paid in full.
·
Alternate Communications. You have the right to
request that we communicate with you about your Services in a specific way by
submitting a written request to the Privacy office. For example, you may ask
that we only call you at a certain phone number. Your request must specify how
you or where you wish to be contacted. We will accommodate all reasonable
request. The patient portal is a
required service that cannot be opt out of.
·
Receiving a paper copy of this notice. You have
a right to a paper copy of this Notice of Privacy Practices at anytime by
contacting the Privacy Office. Even if you have agreed to receive the notice
electronically. You may always obtain a copy of this notice at our website.
·
Notification in the Event of a Breach. We are
required by law to maintain the privacy and security of our protected health
information. We will notify you if a breach occurs that may have compromised
the privacy or security of your protected health information.
Changes to this notice.
We reserve the right to change
this notice, including protected health information we already have about you,
as well as any protected health information we receive in the future. We will
post a copy of the revised notice on our website with the date that any updates
were made.
Complaints.
We take your privacy seriously and
welcome your questions and feedback. If you believe your privacy rights have
been violated, you may file a complaint with My Medical Scheduler LLC or with
the Secretary of the US Department of Health and Human Services. To file a
complaint with My Medical Scheduler, contact the Privacy office at Hello@MyMedicalScheduler.com.
All complaints must be submitted in writing. You will not be penalized or
retaliated against for filing a complaint.
My Medical Scheduler office
contact information.
All correspondence related to this
Notice of Privacy must be submitted to:
The My Medical Scheduler Privacy
office at:
Hello@MyMedicalScheduler.com
You may also reach the My Medical
Scheduler Privacy office at 317-732-5088.
END