Use of BICMD Service(s)
BICMD Service(s) Provided
BICMD is a marketplace and platform for healthcare professionals to offer educational and informational services only. When using BICMD Services, you may be connected to, and communicate with, healthcare professionals. You acknowledge and agree that any such professionals are interacting with you in a purely educational and informational capacity. You further acknowledge and agree that BICMD and any healthcare professionals: (i) are not practicing medicine, (ii) are not offering medical advice, (iii) are not providing medical opinions, and (iv) are not providing any other professional service for which there is any duty, standard of care, or licensing requirement. Even if you have a doctor-patient, therapist-patient, or other professional relationship with a healthcare professional outside of BICMD, while you are communicating with that professional via BICMD Service(s) they are not acting as your doctor, therapist, or otherwise providing medical advice or services, rather they are merely providing educational information as discussed in this section.
Any writings, blog posts, advertisements, or other information published via any BICMD Service are purely informational and educational and not medical advice. Because we are not your doctor or therapist, if you would like healthcare services or medical advice, you should discuss any such information with your actual doctor or primary care physician.
Your agreement to this section is a material term of this Agreement.
Confidentiality & Privacy
There may be, now or in the future, other non-Service mechanisms provided to communicate or submit information to Company, for example “Contact Us” forms, Customer Service requests, Technical Support requests, payment or billing inquiries, or Company email addresses. Other than when you are logged into a specific BICMD Service with your account, and providing information requested by that Service, do not provide personally identifying, confidential, or medical information via such mechanisms unless specifically instructed to do so. You acknowledge that any information you provide to BICMD via non-Service mechanisms may be circulated via non-secure means to individuals such as technical or customer support personnel, bulletin boards, or 3rd party contractors without an obligation to maintain its confidentiality.
BICMD may communicate with you through various electronic means including transactional emails, mail, text messages, calendar invites, or other notifications or reminders. Such communications may relate to – for example – appointments or consultations booked through BICMD, or payments made to or received from BICMD. By signing up for BICMD, continuing to use BICMD, and/or indicating your acceptance to these terms, you consent to receive such messages universally, including on any devices that you use to access BICMD, and including via any telephone numbers, email addresses, or other identifiers that you provide to BICMD, and are responsible for reading all messages or communications from BICMD and keeping all contact information that BICMD uses to communicate with you updated and current. Various communication methods and electronic means exist to block communications – e.g. blocking text messages, directing email to “spam” or “junk” folders, etc., and if you use such blocking or filtering methods, BICMD may not know that you are not receiving communications. You acknowledge that if you, or any service provider or privies, should for any reason block or avoid BICMD’s electronic communications, BICMD is not responsible for any resulting damages, including errors or omissions, and agree that BICMD should presume that you have read all such electronic communications that BICMD attempted to send to you.
Even though Company is not a covered entity and is not providing healthcare services, Company will use commercially reasonable efforts to maintain the confidentiality of your information to the same standard(s) as indicated by laws applicable to covered entities, including HIPPA.
Fees and Billing
BICMD’s Services are marketplaces and platforms to connect you with Consultants, who are healthcare professionals. Company earns its fees through providing BICMD Services, which are limited to helping you make an appointment with a Consultant, providing technological infrastructure to enable you to communicate with that Consultant, and handling the payments and billing for the services provided by Consultant. Interaction between you and Consultant, including any informational or educational content provided by Consultant, is the responsibility of Consultant. You acknowledge and agree that Company is not responsible for the content of any information originating with Consultant and you agree to waive any claims against Company that involve or are in any way related to any interaction or communication between you and any Consultant.
You will pay for any appointments, interviews, or other interactions with Company’s Consultants through BICMD’s Services. BICMD will make any necessary payments to Consultant. BICMD does not accept payments from insurance companies, you are personally responsible for all fees incurred through the use of the Services.
You will pay for your appointment, interview, or other interaction with Consultant at the time of ordering. If you miss an appointment with a Consultant, your money will not be refunded. If Consultant cancels or misses the appointment, you may request a refund or reschedule at your option. Any other refunds or fee adjustments are at BICMD’s and/or Consultant’s sole discretion.
You may terminate this agreement at any time by using technological means supplied on any BICMD Service(s) (e.g. a “Delete my account” button). Company may suspend or terminate this agreement at any time, for any reason, by either (i) notifying you in writing (including email), or (ii) using technological means to deactivate your account access to Services. Upon termination, Company reserves the right to delete or maintain any information or communications in its possession concerning your account or provided by you. Upon termination, Company has no further obligation to you to provide any Service(s).
YOU AGREE THAT YOUR USE OF BICMD SERVICE(S) IS AT YOUR OWN RISK. ALL SERVICE(S) ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE, WARRANTIES OF MERCHANTABILITY, OPERABILITY, CONDITION, ACCURACY, VALUE, OR AVAILABILITY.
Your acknowledgement and agreement to this section is a material term of this agreement.
Limitation of Liability
IN NO EVENT SHALL COMPANY, CONSULTANTS, AND/OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS ATTORNEYS OR LICENSORS, BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL COMPANY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS OR ANY OTHER AGREEMENT WITH YOU EXCEED THE AMOUNTS PAID BY USER TO COMPANY UNDER THIS OR ANY OTHER AGREEMENT FOR THE SERVICES, DELIVERABLES OR INVENTION GIVING RISE TO SUCH LIABILITY IN THE THREE MONTHS PRECEEDING THE CLAIM.
Restrictions on Use
Company Service(s) may not be used by any person under the age of 13 years old.
Intellectual Property License
In consideration for Company’s offering its Service(s) (including the website located at the domain bicmd.com) to you, whether or not you pay for any such Service(s), you grant Company a worldwide, perpetual, fully-paid up, non-exclusive, non-transferrable license to practice, in connection with any and all BICMD Service(s), any patents or other intellectual property owned or controlled by you, or any entity controlled by you.