Terms of Service ("Terms")

Last updated: October 18, 2023

Use of the Site

H. Handler, M.D., Inc. (“H. Handler”, “we”, “us”, or “our”) licenses the website located at https://ldndoctor.com (collectively, the “Site”) which links to and is governed by these Terms of Service (“Terms”) for use in education and promotion. We offer online telemedicine services on behalf of, and by contract with, licensed healthcare providers, (“Providers”) allowing patient clients (“Clients”) to submit their health history and access said Providers to obtain medical and healthcare services (“Services”). You agree that your use of the Site is on the condition that you agree to be bound by these Terms and all other terms and policies appearing on the Site. If you do not agree to any of these Terms, you may not use the Site or the Services and agree not to do so.

Use of Services by or on behalf of Minors

You must be at least 18 years of age to enter into this binding agreement. Minors under 18 years old may only use the Services accompanied by an adult parent or legal guardian who agrees to the Terms and takes full responsibility for the minor.

Right To Use the Site and Services

We grant to you a limited right to use the Site and Services only for your personal non-commercial use and only as permitted under these Terms and any other agreements you may have entered into with us. You agree that we may deny or suspend your use of the Site or Services for any reason, solely in our discretion. You further agree that you will not (a) impersonate any person or entity, or otherwise misrepresent your identity while using the Site or during any Services with Providers that you book from the Site, (b) use the Site or Services to violate any local, state, national or international law, (c) misrepresent your physical location to us or your Provider generally, and specifically as relates to notices and restrictions on the Site regarding the availability of Services, (d) reverse engineer, disassemble, or translate any software or components of the Site or Services, (e) distribute viruses or other harmful computer code through the Site, or (f) otherwise use the Services or Site in any manner that exceeds the scope of use granted herein.

You agree to refrain from abusive and/or inappropriate language and/or behavior, or unlawful or illegal conduct when communicating with administrative staff and operators of the Site, as well as Providers of Services booked through the Site. You further agree not to contact Providers outside the Site for materially related services (e.g. for the same condition, treatment, or medication request within a reasonable period of time after you obtained Services from the Provider through the Site.

Healthcare Services

Providers delivering Services through the Site and other websites and tools are independent providers. H. Handler, M.D., Inc. does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Providers. Providers alone are responsible for their healthcare services and compliance with all requirements of their professions and licenses. We have no responsibility for and are not liable for any professional advice you receive from a Provider by using the Services.

Site Content

No content on the Site should be considered medical advice or a representation that any medication or treatment is safe, appropriate, or effective for you. However, information, content, and advice you receive from Providers is medical advice, the responsibility for which lies solely with the individual Provider.

Purchases and Payment for Services, Fees

Our fees are clearly stated on the Site. All Services are offered on a one-time, per-order basis.

We do not accept any insurance coverage for Services, and you agree that you are personally responsible for the entire cost of all Services.We do not guarantee that you will receive any reimbursement from any insurance carrier and have no obligation to provide you with any communications for any third-parties (including insurance carriers). We are however required to provide you with a copy of any private health records created by Providers through your use of Services, though we are permitted to charge reasonable administrative fees for the production of these records. We may change our pricing at any time without prior notice, and the cost you see on the Site at the time of booking your Services is the price for which you are responsible. You agree that if you do not cancel a scheduled appointment at least 24 hours before the time of your appointment, you will not receive a refund. You further understand and agree that if you are not satisfied for any reason with the quality of Services provided, you will not be entitled to a refund of the cost of your Services.

Our full payment, cancellation, and refund policy is available at ldndoctor.com/payment-terms-policy.

Termination

We may terminate or suspend your right to use or access our Site or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Subject to applicable law, we may maintain, delete or destroy all communications and materials posted or uploaded to the Site. After such termination, we will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WE MAKE NO REPRESENTATION OR WARRANTY AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LDNDOCTOR.COM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM LDNDOCTOR.COM ITS OPERATORS, EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY.

Limitation of Liability

YOU AGREE THAT WE AND ANY OF OUR AFFILIATED CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OF COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH LDNDOCTOR.COM AND/OR ITS OPERATORS OR REPRESENTATIVES RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SERVICE. IN NO EVENT SHALL LDNDOCTOR.COM'S OR ITS LICENSEE’S OPERATOR’S OR CONTRACTOR’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You agree to defend, indemnify and hold harmless H. Handler, M.D., Inc., and as applicable, its licensee(s), operator(s), officers, directors, employees, contractors, suppliers, and affiliates, from and against any and all claims, demands, actions, proceedings, suits, liabilities, losses, damages, penalties, fines and expenses arising out of or relating to your violation of these Terms or your use of Services, including without limitation any claims that you have used the Services in violation of another party's rights, in violation of any law, or in violation of any provisions of the Terms.

Governing Law and Venue

These Terms and the rights of the parties hereto shall be governed by the laws of the State of Indiana without regard to principles of conflict of laws. In the event of any litigation arising out of, or relating to, these Terms or the breach thereof, the venue for any such action shall be in the courts of the State of Indiana.

Attorney’s Fees

If any action or proceeding, including arbitration, is brought for the enforcement of, or because of an alleged dispute, breach or default in connection with any of the provisions of these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.

Advertisement, Reviews, Publicity

We will only identify you as a patient or publish to the Site any of your private information including your name, photograph, etc after receiving your explicit, written permission. E-mail shall be considered sufficient for such written permission.

Waiver and Severability

The failure of either party to enforce any provision of these Terms or to act with respect to a breach by the other party of these Terms will not be deemed a waiver of such provision, the right to act with respect to subsequent or similar breaches, or the right to enforce such provision.

If any provision of these Terms is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions hereof, and any part of such provision not held invalid or unenforceable shall remain in effect.

Disclosures

Providers providing licensed clinical services ordered/purchased through the Site hold professional licenses issued by the professional licensing boards or agencies in the states where they practice. You can report a complaint relating to the care provided by a Provider by contacting the professional licensing board in the state where the care was received. In the State of New York, complaints which relate to professional conduct should be made to the Office of Professional Misconduct (OPMC). In a professional relationship, sexual intimacy is never appropriate and should be reported to the relevant licensing board or agency responsible for the alleged offending healthcare provider. Contact information for relevant state medical licensing authorities is available at the Federation of State Medical Board’s website. Relevant licensing authorities for other Providers, including Nurse Practitioners, Naturopathic Doctors, Physician’s Assistants etc, are available specific to each state licensing jurisdiction. Any clinical records created as a result of your use of the Services will be securely maintained directly by the Provider of your Services, or by us on behalf of your Provider. Said records are maintained at least the minimum number of years required under state and federal law, normally at least six years.

Content

The Site and all its contents are owned by the creators and stakeholders of LDNdoctor.com, its licensors or other providers of such material and are protected by copyright and/or other intellectual property or proprietary rights laws. You may not use any contact on the Site for commercial purposes and may only access the Site for your personal educational use and to obtain Services from Providers. Our logos, and other content on the Site or in the Services may be trademarks, trade names, service marks or logos owned by individual and/or entity owners of LDNdoctor.com. You may not use any such content without our written permission. You may contact us at info@ldndoctor.com to request such permission.

Copyright Protection

If you believe that content on the Site infringes your copyright, you may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices and counter-notices must meet legal requirements imposed by the Digital Millennium Copyright Act (“DMCA”). The U.S. Copyright Office’s website contains further information about this law. In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Y. Handler, 300 E Main St No 234, Centerville, IN 47330. Any questions regarding copyrights should be sent to info@ldndoctor.com.

Personal Information, Privacy, and Communications

Personal information you provide to LDNdoctor.com through the Service is governed by our Privacy Policy. By your use of the Services you accept the terms of the Privacy Policy. We make great effort to protect the security of the personal information and private health information that you provide to us when collecting and storing said information. The health information you provide to your Provider is confidential, except for certain exceptions detailed in our Privacy Policy. The specifics of how we maintain, use, and protect your personal and health information are available in our Privacy Policy.

The Services include certain communications from LDNdoctor.com, such as appointment reminders, service announcements, privacy notices, administrative messages, etc.,(“Communications”) about the Services. You agree that we may send to you Communications through electronic mail, using the address that you provided to us at the time of the booking of your Services as well as by short messaging service text message to the mobile number you provided us during booking (“SMS Messages”). All SMS Messages are currently sent through Microsoft’s encrypted Skype service. If you do not want to receive SMS message from us, you may respond to any SMS message with “STOP SMS” and we will not longer send you SMS messages. We may further communicate with you by posting Communications on the Site or on third-party service providers (e.g. Facebook).

You agree that these Communications are a necessary part of using the Services and you agree to receive these Communications (though you may opt out of receiving SMS messages as detailed above) as a condition of your use of the Service. Additional details regarding our communications and compliance are available in our Privacy Policy.

We contract with third-party providers of secure electronic data storage, and well as e-mail and electronic marketing services to ensure that your personal information and private health information is encrypted and secure while at rest with us in storage, as well as in transit the entire way to the hardware device on which, and the software applications with which you access our Communications. Information relating to your care, including clinical notes and medical records, is stored on secure, encrypted servers.

Notices

Unless otherwise provided in these Terms, we will give send any notice required or permitted under these Terms to you by electronic mail or SMS, and said notice will be deemed effectively given at the time when we send the e-mail or SMS to the e-mail address or mobile number your provided us, provided that the e-mail message or SMS is not returned as undeliverable. All notices to us should be addressed as follows:

E-mail: info@ldndoctor.com

You may also send notice by physical mail (USPS, or private courier service – receipt signature required) although this method of notification is not deemed sent until received by the addressee, and such receipt may only be proved by the signature or copy thereof.

Postal Mail:
LDNdoctor.com
H. Handler, M.D., Inc., Licensee
300 E Main St No 234
Centerville, IN 47330

You agree to update us with any change to your contact information as practical, including the information you provided on any intake form or web-form, e.g., your e-mail address, mailing address, mobile phone number, etc. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Contact Us

For any questions about these Terms or reports of violations, please contact us at info@ldndoctor.com.

End of Terms of Service.