Last Updated 06/30/2022.
1. Conditions for Using Floriamed
IN CASE OF MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.
IN CASE OF MEDICAL EMERGENCY, DO NOT SEEK HELP ONLINE.
This website, floriamed.com (“Site”), is owned by Floriamed LLC (“Floriamed”). This document, titled “Terms of Use”, explains the conditions under which this Site and the services offered by Floriamed (“Services”) may be used (“Terms of Use”). People that use the Site or Services in any way (“you”, “your”), including those that access the Site, agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you may not view the site. If you do not agree to be bound by these Terms of Use, you may not use the Site or Services.
2. Medical Services Offered Through Floriamed
FLORIAMED DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE OR SERVICES. FLORIAMED DOES NOT DIAGNOSE OR TREAT PATIENTS. FLORIAMED IS IN NO WAY ENGAGED IN THE PRACTICE OF MEDICINE. HEALTHCARE ADVICE, SERVICES, DIAGNOSIS, AND TREATMENT CAN ONLY BE PROVIDED BY INDIVIDUAL PROFESSIONALS LICENSED AS HEALTHCARE PROVIDERS.
YOUR INDIVIDUAL HEALTHCARE PROVIDER HAS INDEPENDENT AUTHORITY AND SOLE RESPONSIBILITY IN ALL MATTERS DURING A HEALTHCARE VISIT USING THE SITE AND SERVICES. FLORIAMED HAS NO KNOWLEDGE, AUTHORITY, OR CONTROL OF WHAT OCCURS DURING A HEALTHCARE VISIT USING THE SITE AND SERVICES.
FLORIAMED WILL NOT CREATE A PATIENT-PROVIDER RELATIONSHIP WITH YOU.
Floriamed and the Site offer technical services to both patients and healthcare providers that allow them to meet for online medical care. All medical practice carried out using Floriamed, the Site, or the Services is provided by the licensed healthcare providers of CareProviders Advanced Practice Nursing PLLC (“CareProviders”). CareProviders is a nurse practitioner owned professional company, independent from Floriamed.
The healthcare providers of CareProviders are solely and individually responsible for the medical practice they conduct using Floriamed, the Site, or the Services. Your individual healthcare provider is solely responsible for the professional medical advice you receive when using Floriamed, the Site, or the Services. Floriamed shall not be liable for medical practice carried out by individual healthcare providers using Floriamed, the Site or the Services.
3. Medical Information Offered by Floriamed
THE CONTENT OF THE FLORIAMED SITE AND SERVICES ARE NOT MEDICAL ADVICE OR RECOMMENDATIONS, DIAGNOSES, OR TREATMENTS. PROFESSIONAL HEALTHCARE SERVICES ARE ONLY AVAILABLE FROM INDIVIDUALS LICENSED AS HEALTHCARE PROVIDERS.
The Site and the Services contain general information on the subject of medicine (“Floriamed Content”). Floriamed Content, including without limitation, text, images and video, is for informational use only and does not constitute professional medical advice or recommendations, diagnosis, or treatment. Floriamed Content is not an endorsement or warranty of any medical advice or recommendation, diagnosis, treatment, or individual healthcare provider. Floriamed Content does not replace the advice of licensed healthcare providers. Only use licensed healthcare providers for medical advice, recommendations, diagnosis or treatment.
4. Unlicensed Floriamed Representatives
FLORIAMED REPRESENTATIVES, NOT LICENSED AS HEALTHCARE PROVIDERS, DO NOT OFFER PROFESSIONAL MEDICAL ADVICE OR RECOMMENDATIONS, OR DIAGNOSIS OR TREATMENT. YOU SHOULD ONLY ACCEPT MEDICAL ADVICE FROM LICENSED HEALTHCARE PROVIDERS.
Communications with Floriamed representatives not licensed as healthcare providers, including without limitation, telephone conversions, voicemail, email, text message, chat, and video conference (“Floriamed Communications”), are for informational purposes only. Floriamed Communications do not constitute professional medical advice, recommendations, diagnosis or treatment. Floriamed and CareProviders make every effort to make it obvious when you are communicating with a licensed healthcare provider. However, you are responsible for determining whether or not you are communicating with a licensed healthcare provider.
5. Privacy
a. Information About You
You will give information about yourself to your healthcare provider and to Floriamed in the course of receiving online medical care through Floriamed. The information you give must be true and correct. Measures to protect the privacy of your information have been put in place by Floriamed including various means of secure communication (“Floriamed Secure Communications”). Floriamed only provides secure means for you to communicate with your healthcare provider or Floriamed.
b. Secure Communications
You agree to use only Floriamed Secure Communications to communicate with your healthcare provider or Floriamed. You agree that failure to use Floriamed Secure Communications may diminish the protection of your privacy. Floriamed shall not be liable for your failures to use Floriamed Secure Communications.
You understand that your email addresses and the electronic devices you use may not be secure. You understand that transferring your information from Floriamed Secure Communications to electronic devices you use or your emails may diminish the protection of your privacy. You understand that your email address and your devices can be made secure by you. You are responsible for securing your email address and devices if you wish.
c. Notice of Privacy Practices
Your healthcare provider or CareProviders is responsible for providing you the “Notice of Privacy Practices.” You understand that federal law requires your healthcare provider and Floriamed to maintain the privacy and security of your health information as described in the “Notice of Privacy Practices.” You agree that Floriamed is allowed to use and disclose your health information as described in the “Notice of Privacy Practices.” You must understand that your rights and Floriamed’s responsibilities in regards to your health information are described in the “Notice of Privacy Practices.”
d. Email
You must agree to provide Floriamed with your email address before speaking with your healthcare provider through Floriamed. You give Floriamed permission to use your email address to notify you when you have a message on Floriamed’s secure email portal. Such notifications will only contain your email address and a statement that you have a message on Floriamed’s secure email portal. You understand that your messages on Floriamed’s secure email portal may contain protected health information as defined by federal law and described in the “Notice of Privacy Practices”.
e. Cookies
Cookies are used to process your payments on this Site. Cookies are required to process payments. They gather information required to complete your payment transaction. And they help secure your transaction and protect against fraud.
Cookies may also be used to analyze how you use this Site or to improve user experience. Such cookies do not contain information that can be used to personally identify you.
You may prevent this Site from using cookies by changing the settings on your browser. However, if you change such settings, essential functions, such as payment processing, may fail.
6. Healthcare Limitations
a. Emergencies – In emergencies, do not use Floriamed, and do not use online medical care. IN CASE OF EMERGENCY, DIAL 911 IMMEDIATELY.b. Office Visits – Online medical care offered through Floriamed does not replace regular office visits with your primary care provider. More things can be done in an office visit than online. Always maintain close ties with an in-office healthcare provider.
c. Insurance – Insurance is not accepted by CareProviders or the healthcare providers offering services through Floriamed, including but not limited to private insurance, Medicare, and Medicaid. Federal law prohibits CareProviders and the healthcare providers offering services through Floriamed from accepting out-of-pocket payments from patients who have Medicare. CareProviders and the healthcare providers offering services through Floriamed do not accept patients who have Medicare Part B or payments from patients who have Medicare Part B. You must affirm that you do not have Medicare part B before you speak with a healthcare provider through Floriamed.
d. Treatment and Prescribing – Some medicines and treatments are not available through Floriamed. Controlled substances are not available. Treatments that are best done by an in-office healthcare provider are not available through Floriamed.
e. Inappropriate Cases – In cases where online medical care should not be used, your healthcare provider with Floriamed will direct you to another option for healthcare and work to help you avoid cost.
f. Professional Ethics – Healthcare providers that use Floriamed in their practice cannot give you treatments, medicines, or antibiotics if they think that they are not in your best interests. You must accept that the decisions of providers are bound by their professional ethics.
g. Patient Age – Patients of any age can receive online medical care through Floriamed. Patients under 18 years of age must have a guardian present during the visit.
h. Patient Location – When receiving online medical care through Floriamed, patients must be physically present in the state where their Floriamed healthcare provider is licensed.
7. Informed Consent
You must accept the terms of the “Informed Consent for Online Medical Care” document before speaking with your healthcare provider through Floriamed. You agree that medical care, including online medical care, always has risks. You agree that you are responsible for becoming well informed about the risks of online medical care. You must make an informed decision whether or not you consent to accept online medical care. You understand that you have the right to withdraw your consent to online medical care at any time. You understand that there are other options besides online medical care, and that you may choose a different option at any time. You agree that even though you may expect benefits from the use of online medical care, no results are guaranteed.
8. Access to the Site and Floriamed Services
You may only engage in personal and non-commercial use of the Site and Services provided by Floriamed. You must only use this Site and Services as permitted in these Terms of Use. Your right to use this Site and Services can be revoked by Floriamed at any time and for any reason. You or your guardian must be at least 18 years of age and have the legal right to accept these Terms of Use. You agree not to engage in unauthorized use of this Site or Services. Unauthorized uses of this Site or Services include:
- violating applicable laws.
- misrepresenting who you are or any affiliation you may have.
- investigating, by any method, the software or workings of this Site or any Floriamed service for any reason including to reverse engineer this Site or Services, to gather information, to search for vulnerabilities, or to gain unauthorized access.
- displaying copies or create derivative works of this Site or Services.
- transfering viruses or other malicious code or otherwise harm the security of this Site or Services.
- disrupting in any way the operation of this Site or Services.
- gathering information about other users of this Site or Services.
- using harsh, insulting, or abusive language with healthcare providers.
9. Ownership, Trademarks, and Copyrights
The intellectual property of this Site and Services are owned by Floriamed alone except where owned by partners of Floriamed. The intellectual property owned by Floriamed includes, but is not limited to, all content, pages, technology, processes, appearance, and design of the Site and Services.
Trademarks and copyrighted material displayed on this Site and Services are owned by Floriamed alone except where owned by partners of Floriamed. Trademarks owned by Floriamed include, but are not limited to, the Floriamed and Floriamed Telehealth names, logos, and the names of Floriamed products and services.
You may not, in any way, use or otherwise infringe on intellectual property, trademarks, or copyrights owned by Floriamed. The Site and Services are protected by the trademark and copyright laws of the United States.
10. Payments
You agree that Floriamed is authorized to charge your account, without further consent or notice, when you provide your credit card details to Floriamed. Your fee will be posted before you provide your credit card details. You must pay the posted fee in full. Fees can be changed by Floriamed at any time. You will receive notice of any fee changes before being charged.
11. Links to Other Websites
This Site contains links to third-party websites not operated by Floriamed. You agree that Floriamed is not responsible for the content or policies of such third-party websites.
These Terms of Use can be changed by Floriamed at any time. Any changes made to these Terms of Use are effective immediately upon posting. You agree to be bound by the most recent version of these Terms of Use every time you use this Site or Services in any way, including accessing or using this Site.
13. Force Majeure
Floriamed shall not be liable for any breach of these Terms of Use or be deemed to be in breach of these Terms of Use from events beyond its reasonable control, including without limitation, war, terrorism, civil unrest, strikes, fire, flood, earthquakes, power failures, interruptions or malfunctions of computer facilities, loss of data, or acts of God.
14. Indemnification
You agree to indemnify, defend and hold harmless Floriamed, its employees, directors, officers, subcontractors, suppliers, agents and affiliates, from all liabilities, claims, damages, rights, losses, causes of action, actions, suits, and fees, including attorney’s fees, third-party fees, and costs of any kind, relating to, resulting from, or in connection with (a) your use of this Site or Services; (b) any information you provide to Floriamed or its partners; (c) your violation of these Terms of Use; (d) your violation of any applicable laws or the rights of any third-party.
15. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES PROVIDED BY FLORIAMED IS AT YOUR SOLE RISK. THE FLORIAMED SITE AND FLORIAMED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLORIAMED DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLORIAMED DOES NOT WARRANT THE RELIABILITY, PERFORMANCE, ACCURACY, COMPLETENESS, SECURITY, SUITABILITY, USEFULNESS, OR TIMELINESS OF THIS SITE OR THE SERVICES PROVIDED BY FLORIAMED.
16. Limit of Liability
UNDER NO CIRCUMSTANCES MUST FLORIAMED, ITS EMPLOYEES, DIRECTORS, OFFICERS, SUBCONTRACTORS, SUPPLIERS, AGENTS OR AFFILIATES, BE LIABLE IN ANY WAY FOR DIRECT DAMAGES IN EXCESS OF THE COST OF THE VISIT OR THE SERVICES GIVING RISE TO ANY CLAIM. UNDER NO CIRCUMSTANCES MUST FLORIAMED, ITS EMPLOYEES, DIRECTORS, OFFICERS, SUBCONTRACTORS, SUPPLIERS, AGENTS OR AFFILIATES, BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA RESULTING FROM OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE OR SERVICES, OR ANY DEFECTS, ERRORS, OMISSIONS, INACCURACIES, PERFORMANCE FAILURES, FILE LOSSES, SERVICE INTERRUPTIONS, OR INFRINGEMENTS ON THIRD-PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ASSOCIATED WITH THIS SITE OR SERVICES WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR BREACH OF CONTRACT. UNDER NO CIRCUMSTANCES MUST FLORIAMED, ITS EMPLOYEES, DIRECTORS, OFFICERS, SUBCONTRACTORS, SUPPLIERS, AGENTS OR AFFILIATES, BE LIABLE IN ANY WAY FOR DAMAGES, OF ANY KIND OR FOR ANY REASON, IN EXCESS OF THE COST OF THE VISIT OR THE SERVICES GIVING RISE TO ANY CLAIM.
17. Governing Law
These Terms of Use, the use of this Site and Services are governed by the laws of the state of Arizona without regard to conflict of laws principles. Any civil or legal proceeding related to these Terms of Use, Site, or Services must be brought in the applicable state or federal court in Pima County, Arizona.
