Personal Medicine International, Inc. Membership Terms and Conditions
1. Purpose/Scope. Personal Medicine International, Inc. Membership Terms and Conditions (hereinafter “Terms”) define the rights and obligations of Personal Medicine International, Inc. (hereinafter “PMI”) and each person (each hereinafter, a “Member”) (separately, “party” and collectively, “parties”) who subscribes to obtain services through PMI’s web technology. These Terms constitute a contract between PMI and each Member and shall apply to each Member separately.
2. Membership Term. The Membership Term shall commence on the date the Member completes the steps necessary to enroll as a Member as stated in the PMI website enrollment instructions located PMI’s website at the Uniform Resource Locators (URL) http://personalmedicine.com, http://personalmedicineinternational.com or https://pmedicine.mycahub.com (hereinafter “PMI’s website”). The Membership Term shall be one (1) year and automatically renew at one-year increments until terminated by PMI or the Member pursuant to these Terms.
3. PMI Affiliates. “PMI Affiliates” mean physicians who have entered into Independent Contractor and Licensing Agreements with PMI (hereinafter “License Agreements”) pursuant to which, among other things:
3.1. PMI conditionally licenses access to web technology and services to PMI Affiliates to assist them in conducting concierge medical services;
3.2. PMI Affiliates agree to provide concierge medical services visits via in-person, video, phone, text, email correspondence, instant messaging or other technology to communicate with Members; and
3.3 PMI Affiliates are independent contractors and licensees of PMI and not employees, agents, associates, or partners of PMI.
4. Member Association with PMI Affiliate. During the Membership Term, a Member shall maintain a physician-patient relationship with a PMI Affiliate who is that Member’s primary care physician. A Member may transfer from one PMI Affiliate to another, subject to availability and acceptance by the receiving PMI Affiliate. PMI does not require or otherwise control or influence any decision to accept or retain any particular Member as a patient by a PMI Affiliate.
5. PMI Web Technology Services. During the Membership Term, PMI shall provide the Member through PMI’s Web Technology Services (hereinafter “Web Services”) with access to his/her Electronic Medical Record (hereinafter “EMR”). PMI Affiliates are required to maintain records of the medical treatment they provide to Members. Pursuant to the License Agreements, PMI provides Web Services to PMI Affiliates to maintain EMRs for each Member related to the concierge medical services provided. PMI shall provide Member access to the data in the Member’s EMR maintained by PMI.
6. Scope of Web Services. Member acknowledges that:
6.1. PMI does not engage in the practice of medicine;
6.2. PMI is a technology and services company that assists PMI Affiliates and Members to communicate in an attempt to improve the care that physicians provide to their patients;
6.3. PMI does not employ or otherwise engage any physician to practice medicine or otherwise to provide medical services to any person;
6.4. The patient-physician relationship between Member and any PMI Affiliate is strictly between the Member and that PMI Affiliate and not PMI;
6.5. PMI Services do not include the provision of professional concierge medical services or medical services of any kind;
6.6. Any medical services provided by a PMI Affiliate to a Member are solely the result of that physician’s professional medical judgment;
6.7 It is the sole responsibility of the PMI Affiliate and not PMI to make any necessary disclosures regarding the monthly payment by the Member; and
6.8 The monthly payment by the Member (hereinafter “Affiliate Fee”) is paid to the PMI Affiliate. PMI collects the Affiliate Fee, on behalf of the PMI Affiliate, as a billing service, but does not make any claim on the Affiliate Fee as clearly stated in the License Agreement.
7. Member Obligation to Obtain Hardware, etc. Necessary for Access. PMI Services are web-based services accessible through a variety of technologies that provide web access and are compatible with the services. PMI Services do not consist of any hardware, devices, software, or third-party subscriptions or access to permit Member to use the PMI Services. A Member’s only obligation is to ensure he/she has access to the internet to take advantage of PMI Services.
8. Affiliate Fee. Member shall pay through PMI’s website an Affiliate Fee per month for each month-long period of the Membership Term. The Affiliate Fee may change from time to time.
9. Member Profile and Confidentiality of Account. Member shall assure that the information in Member’s PMI profile maintained on the PMI website is complete and accurate during the Membership Term. Member shall maintain the confidentiality of the username and password for Member’s PMI account and shall change that information if Member believes it is no longer confidential. PMI will use all reasonable efforts to maintain Member’s EMR confidential and in compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules and PMI’s own policies.
10. Billing and Collection for Medical Services. Pursuant to an arrangement between PMI and each PMI Affiliate, PMI will function as PMI Affiliate’s agent to bill and collect amounts that the Member from time to time owes to the PMI Affiliate for concierge medical services, etc. provided by the PMI Affiliate to the Member. Member shall pay PMI as agent for any PMI Affiliate amounts that the Member from time to time owes to the PMI Affiliate.
11. Termination of Membership Term by PMI. PMI may elect to terminate the Membership Term effective upon the date stated in a notice to the Member if (i) the Member fails to comply with the Terms; (ii) the Member is no longer associated with a PMI Affiliate; or (iii) PMI determines to discontinue providing PMI Services to all Members within the Member’s locality.
12. Termination of Membership Term by Member. Member may elect to terminate the Membership Term by delivering written notice to PMI. Termination pursuant to this Section 12 shall be effective on the last day of the then-current month-long period of the Membership Term. For example, if a Member enrolled on September 5 and then delivered notice on March 1 electing to terminate the Membership Term, then the Membership Term would be terminated effective March 5.
13. Application for Return to Membership. If a Member or PMI terminates a Member’s Membership Term, then PMI shall have no obligation subsequently to accept the former Member as a Member. If a PMI Affiliate is willing to accept the former Member as a patient, then PMI may permit the former Member to be re-instated as a Member subject to conditions that PMI might in its discretion deem applicable. These conditions might include requiring the former Member to pay the Membership Fee for each month-long period that elapsed between the termination and the current re-enrollment date.
14. Downtime; Emergencies. PMI does not warrant or guarantee that all PMI Services will be available during the entire period of the Membership Term. As with any technology, it is probable that PMI Services will occasionally be unavailable because of planned and unplanned downtime. In recognition of these limitations, Member shall not use or rely on the PMI Services to obtain medical assistance in an emergency. Our PMI Affiliates also reserve the right for visits to occur in the office for catastrophic or epidemic situations.
15. Limitation of Liability. PMI shall not be liable to Member for the act or omission of any PMI Affiliate, including any PMI Affiliate’s failure to appear for an appointment or to take any other action arranged using the PMI Services. PMI has used reasonable methods to investigate and approve each PMI Affiliate’s credentials; however, PMI does not guarantee the legitimacy or credibility of any PMI Affiliate. Each Member should conduct his/her own investigation as to the credibility of a PMI Affiliate. PMI’s aggregate liability to any Member in any way related to or arising from the performance or non-performance of PMI Services shall be limited to US$2,500.
16. Exclusion of Consequential Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS.
17. Member may not assign any rights or obligations under these Terms without PMI's prior written consent, which shall not be unreasonably withheld. PMI may assign these Terms at any time without consent, but with notice to Member upon assignment.
18. Notices. A notice from PMI to the Member pursuant to these Terms will be considered delivered by PMI when PMI submits an email message to the Member’s then-current contact email address in the Member’s PMI membership profile. A notice from a Member to PMI pursuant to these Terms will be considered delivered by Member when Member submits an email message to PMI’s Member Contact or general Contact email address identified on PMI’s website.
19. Severability. If a court or other body of competent jurisdiction declares any term of this Agreement invalid or unenforceable, then the remaining terms shall continue in full force and effect.
20. Non-Waiver. No right created by these Terms shall be deemed waived unless specifically and expressly waived in a writing signed by the party possessing the right.
21. Prevailing Party. If a party prevails against another party regarding any claim arising from or related to these Terms, then the non-prevailing party shall reimburse the prevailing party for costs, expenses, and attorneys’ fees reasonably incurred by the prevailing party regarding that claim.
22. Entire Agreement; Amendment. These Terms constitute the entire agreement and understanding of the parties regarding the relationship between the parties and supersedes all prior written and oral agreements, proposals, and understandings between the parties regarding their relationship. PMI may prospectively amend these Terms by providing electronic notice to the Member of the amendment.
23. Electronic Signature. Both parties agree to allow execution of this Agreement to be in electronic form. The electronic form shall be agreed to by both parties and have the force of a written signature.