Privacy Policy

Finger Lakes Medical Wellness, PLLC dba as TRT Wellness Privacy

Effective Date:  September 30th, 2019

American Well Corporation (“American Well,” “we,” “us,” or “our”) recognizes the importance of protecting the privacy of your personal information, and we have prepared this Privacy Policy to provide you with important information about the privacy practices applicable to Finger Lakes Medical Well Ed’s and any website or service that links to or refers to this Privacy Policy (collectively, the “Services”).  In addition, individually identifiable information that you provide to us for purposes of obtaining medical care from Finger Lakes Medical Wellness (such information is also referred to as “Protected Health Information” or “PHI”) will also be subject to FLMW Health Insurance Portability and Accountability Act Notice of Privacy Practices (the “HIPAA Notice”), which is available here.  The HIPAA Notice describes how FLMW and we can use and share your PHI and also describes your rights with respect to your PHI.  To the extent that there is a conflict between this Privacy Policy and the HIPAA Notice with respect to PHI, the HIPAA Notice will prevail.

I. COLLECTION OF INFORMATION

We may collect the following kinds of information when you use the Services:

Information you provide directly to us. For certain activities, such as when you register, use our telemedicine services, subscribe to our alerts, or contact us directly, we may collect some or all of the following types of information:

• Contact information, such as your full name, email address, mobile phone number, and address;

• Username and password;

• Payment information, such as your credit card number, expiration date, and credit card security code;

• For health care providers, information about your employment, such as your job title, practice area, primary specialty, and medical license status, gender, date of birth, languages spoken, educational background, address, photograph, social security number, Tax ID, NPI number, professional license information and bank account information;

• Personal health information, including information about your diagnosis, previous treatments, general health, health insurance and information which you have provided us (to the extent you choose to synch that data with our services); and

• Any other information you provide to us.

We may combine such information with information we already have about you.

Information we collect automatically. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information.  We may also collect certain location information when you use our Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.

We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information.  Cookies are small bits of information that are stored by your computer’s web browser.  Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.  Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player.  By using the Services, you consent to our use of cookies and similar technologies.

We may also collect technical data to address and fix technical problems and improve our Services, including the memory state of your device when a system or app crash occurs while using our Services.  Your device or browser settings may permit you to control the collection of this technical data.  This data may include parts of a document you were using when a problem occurred, or the contents of your communications.  By using the Services, you are consenting to the collection of this technical data.

Information we obtain from your health care providers and other sources. In connection with your treatment, we may collect medical records from your past, current, and future health care providers.  This may include information about your diagnosis, previous treatments, general health, laboratory and pathology test results and reports, social histories, any family history of illness, and records about phone calls and emails related to your illness.

We may also receive information about you from other sources, including through third-party services and organizations. We may combine our first-party data, such as your email address or name, with third-party data from other sources and use this to contact you (e.g. through direct mail). For example, if you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, we may collect information from these third-party services.

II. USE OF INFORMATION

We generally use the information we collect online to:

• Provide and improve the Services;

• Contact you;

• Fulfill your requests for products, services, and information;

• Send you information about additional clinical services or general wellness from us or on behalf of our affiliates and trusted third-party partners;

• Analyze the use of the Services and user data to understand and improve the Services;

• Customize the content you see when you use the Services;

• Conduct research using your information, which may be subject to your separate written authorization;

• Prevent potentially prohibited or illegal activities and otherwise in accordance with our Terms of Use and

• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

III. SHARING OF INFORMATION

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

• Healthcare providers, insurance companies, and other healthcare-related entities. We may share your information with other health care providers, laboratories, government agencies, insurance companies, organ procurement organizations, medical examiners or funeral directors, and other entities relevant to providing you with treatment options and support.

• Authorized third-party vendors and service providers. We may share your information with third-party vendors and service-providers that help us with specialized services, including billing, payment processing, customer service, email deployment, business analytics, marketing (including but not limited to advertising, attribution, deep-linking, direct-mail, mobile marketing, optimization and retargeting), performance monitoring, hosting, and data processing. These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us.

• Research partners. We may share your information with our research partners to conduct health-related research; such sharing may be subject to your separate written authorization.

• Corporate affiliates. We may share your information with our corporate affiliates that are subject to this policy.

• Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.

• Legal purposes. We may disclose information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of Organization, our affiliates, users, or the public. If we are legally compelled to disclose information about you to a third party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.

• With your consent or at your direction. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.

If you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, these third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.

If you choose to engage in public activities on the Site or third party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these areas.  You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas

IV. SECURITY

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.  You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure.  Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

V. YOUR CHOICES

You may opt out of receiving general health and wellness or treatment options that may be relevant to you by emailing us at TRTwellness01@gmail.com.  You may also request that we delete your personal information by sending us an email at TRTwellness01@gmail.com.

You may be able to refuse or disable cookies by adjusting your web browser settings.  Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section).  Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies.  For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page.  If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you.

We do not share personal information with third parties for their own direct marketing purposes.

VI. THIRD-PARTY ADVERTISING, LINKS, AND CONTENT

Some of the Services may contain links to content maintained by third parties that we do not control.  We allow third parties, including business partners, advertising networks, and other advertising service providers, to collect information about your online activities through cookies, pixels, local storage, and other technologies. These third parties may use this information to display advertisements on our Services and elsewhere online tailored to your interests, preferences, and characteristics.  We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy.

Some third parties collect information about users of our Services to provide interest-based advertising on our Services and elsewhere, including across browsers and devices.  These third parties may use the information they collect on our Services to make predictions about your interests in order to provide you ads (from us and other companies) across the internet.  Some of these third parties may participate in an industry organization that gives users the opportunity to opt out of receiving ads that are tailored based on your online activities.  Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps.  Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device.  For more information, please check your mobile settings.  You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.

To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit their respective websites.  You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising.  If you opt out, you will still receive ads but they may not be as relevant to you and your interests, and your experience on our Services may be degraded.

Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

VII. INTERNATIONAL USERS

We maintain information in the United States of America and in accordance with the laws of the United States, which may not provide the same level of protection as the laws in your jurisdiction.  By using the website and providing us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, that you consent to the transfer of such data to the United States for processing by us in accordance with this Privacy Policy.

We participate in and have certified our compliance with the EU-U.S. Privacy Shield Framework.  We are committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list].  We are responsible for the processing of personal data we receive, under the Privacy Shield Framework, and subsequently transfer to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.  With respect to personal data received or transferred pursuant to the Privacy Shield Framework, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.  In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://www.jamsadr.com/eu-us-privacy-shield.  Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

VIII. CHILDREN

We do not knowingly allow individuals under the age of 18 to create accounts that allow access to our Services.

IX. CHANGES TO THE PRIVACY POLICY

We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “Effective Date” date above and post the new Privacy Policy.  We recommend that you review the Privacy Policy each time you visit the Services to stay informed of our privacy practices.

X. QUESTIONS?

If you have any questions about this Privacy Policy or our practices, please email us at TRTwellness01@gmail.com

Terms of Use

Effective Date:  April 21, 2022

These Terms of Use (“Terms”) govern your use of the Finger Lakes Medical Wellness” “we,” “us,” or “our”) website and any other website or online service that dba TRTWellness operates and that links to these Terms (collectively, the “Services”).

Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time.  The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted at TRTWellness.com .  You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.

I. Privacy

By using the Services, you consent to our processing your information consistent with our Privacy Policy.

II. Important Information about Your Use of the Services

Do not use the services for emergency medical needs.  if you experience a medical emergency, call 9-1-1 immediately.

FLMW does not provide any physicians’ or other healthcare providers’ (collectively, “Providers”) services itself.  All of the Providers are independent of Finger Lakes Medical Wellness dba TRT Wellness and merely using the Services to communicate with you.  Any information or advice received from a Provider comes from the Provider, and not from Finger Lakes Medical Wellness, PLLC.  Your interactions with the Providers via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).

Neither Finger Lakes Medical Wellness, PLLC dba TRT Wellness nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional Advice you obtain from a Provider via the Service nor for any information obtained from our Services.  You acknowledge your reliance on any Providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.

Finger Lakes Medical Wellness, PLLC dba TRT Wellness does not make any representations or warranties about the training or skill of any Providers using the Services.  You are ultimately responsible for choosing your particular Provider on the Services.

You hereby certify that you are physically located in the State you have entered as your current location on the Services.  You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Providers you access through the Services are relying upon this certification in order to interact with you.  In the event that your certification is inaccurate, you agree to indemnify Finger Lakes Medical Wellness, PLLC dba TRT Wellness and the Providers you interact with from any resulting damages, costs, or claims.

You hereby certify that you are not a Medicare or Medicaid beneficiary.  If you provide false or deceptive information regarding your Medicare or Medicaid enrollment status, Finger Lakes Medical Wellness, PLLC dba TRT Wellness reserves the right to terminate all current or future use of the Services by you.

III. Account Enrollment

To access Providers using the Services, you must first establish an individual user account (“Account”) by providing certain information.  You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian).  You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use.

IV. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws.  For example, and without limitation, you may not:

• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;

• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;

• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;

• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;

• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;

• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;

• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or

• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability.  We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.  We may suspend or terminate your access to the Services for any or no reason at any time without notice.

V. Payment Authorization

By providing a credit card or other payment method accepted by Finger Lakes Medical Well (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes.  Please note that Finger Lakes Medical Wellness, PLLC dba TRT Wellness may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation.  As such, you may be billed more than once with respect to a consultation to account for additional co-pay amounts due, if any.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify Finger Lakes Medical Wellness, PLLC dba TRT Wellness of any changes to your Payment Method.  You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan.  You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law.  In the case of an ACH transaction rejected for insufficient funds, Finger Lakes Medical Wellness, PLLC dba TRT Wellness may at its discretion attempt to process the charge again at any time within 30 days.

You acknowledge and agree that fees for consultations may increase at any time.

VI. Intellectual Property Rights

The Services are protected under the copyright laws of the United States and other countries.  All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Finger Lakes Medical Wellness, PLLC dba TRT Wellness or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Finger Lakes Medical Wellness, PLLC dba TRT Wellness, its affiliates, or any third party.

VII. Password Security

You are solely responsible for the security of your username and password, and for any use of the Services using your username and password.  You should not share your username or password with any third party or allow any third party to access the Services using your username and password.  You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way.  We reserve the right to revoke or deactivate your username and password at any time.

VIII. Website and Third-Party Content

Other than information received directly by you from Providers, the content on the Services should not be considered medical advice.  You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you.  NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.  Finger Lakes Medical Wellness, PLLC dba TRT Wellness does not recommend or endorse any specific tests, providers, medications, products, or procedures.

The Services may provide links to third-party content.  You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content.  Use of any linked third-party content is at the user’s own risk.

IX. Consent to Services

The Service respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations.  In addition, by clicking the “AGREE” button you are authorizing Providers to release your contact information to Finger Lakes Medical Wellness, PLLC dba TRT Wellness solely in order for Finger Lakes Medical Wellness, PLLC dba TRT Wellness to provide you with information about additional clinical services or general wellness.  You may opt out of receiving such information by contacting us at TRTWellness01@gmail.com.  Finally, when using the Service you may be asked if you would like to share certain PHI collected by Apple’s HealthKit with American Well.  By clicking on “SYNC” you are authorizing American Well to collect and Provider to utilize such PHI.

X. Consent for Treatment Performed

We are providing this information on behalf of Providers:

Telemedicine involves the use of communications to enable healthcare providers at sites remote from patients to provide consultative services.  Providers may include primary care practitioners, specialists, and/or subspecialists.  The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g., medical records, data from medical devices).

The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.  At the end of each encounter, the patient will be provided an encounter summary, which may be kept for the patient’s records and may be shared with the patient’s local primary care or other provider, as appropriate.

Anticipated Benefits of Telemedicine:

• Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician.

• More efficient medical evaluation and management.

Possible Risks of Telemedicine:

As with any medical procedure, there are potential risks associated with the use of telemedicine.  Provider believes that the likelihood of these risks materializing is very low.  These risks may include, without limitation, the following:

• Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.

• Security protocols could fail, causing a breach of privacy of personal medical information.

• Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.

By accepting these Terms, you acknowledge that you understand and agree with the following:

1 I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the HIPAA Notice which explains these issues in greater detail.

2 I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.

3 I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.

4 I understand that my healthcare information may be shared with others (including health care providers and health insurers) for treatment, payment, and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others and with me. 

5 I further understand that my healthcare information may be shared in the following circumstances:

1 When a valid court order is issued for medical records.

2 Reporting suspected abuse, neglect, or domestic violence.

3 Preventing or reducing a serious threat to anyone’s health or safety.

Patient Consent to the Use of Telemedicine

I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.

XI.   Disclaimer of Warranties; Limitation of Liability

Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Services or any third-party sites linked to or from the Services. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Services, any interruption in availability of the Services, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Services or the data collected through the Services, even if one or more of them has been advised of the possibility of such damages or loss.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FINGER LAKED MEDICAL WELLNESS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree that your sole remedy for any claim arising out of or connected with the Services will be to cease using the Services.

You acknowledge and agree that Finger Lakes Medical Wellness, PLLC dba TRT Wellness is not engaged in the practice of medicine and that Finger Lakes Medical Wellness, PLLC dba TRT Wellness is not determining appropriate medical use of the services.  Finger Lakes Medical Wellness, PLLC dba TRT Wellness, its licensors, suppliers, and all third parties who promote the services or provide you with a link to the services expressly disclaim any and all liability resulting from the delivery of healthcare via the service, including but not limited to liability for medical malpractice.

XII.  Indemnification

You agree to indemnify, defend and hold us and our parents, subsidiaries, affiliates, licensors, suppliers and their directors, officers, affiliates, subcontractors, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Services and any alleged violation by you of these Terms.  We reserve the right to assume the exclusive defense of any claim for which We are entitled to indemnification under this section.  In such event, you shall provide us with such cooperation as we reasonably request.

XIII. Choice of Law and Forum

The Services are intended for use by residents of the United States.  We do not intentionally provide access to the Services to individuals located outside the United States.  You agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the NEW YORK without regard to principles of conflicts of laws.  You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in NEW YORK, unless agreed upon by all parties.

XIV. Miscellaneous

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us.  In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.  Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

LEGAL NOTICES

CURRENT PROCEDURAL TERMINOLOGY (“CPT”)

CPT Copyright © 2012 American Medical Association. All rights reserved.

Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein.  Applicable FARs/DFARs restrictions apply to government use.

CPT is a registered trademark of the American Medical Association.

Copyright ©2008-2014 Vidyo, Inc. This product includes Vidyo Software Libraries which are covered by one or more issued or pending United States patents, as more fully detailed on the Patent Notice page of Vidyo’s website http://www.vidyo.com/about/patent-notices/, as well as issued and pending international patents.

Finger Lakes Medical Wellness is a PLLC doing business as TRT Wellness in New York State