By accessing this web site, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The terms "us" or "we" or "our" refers to Custom Med Patient Services Inc., the owner of the Website.
A "Visitor" is someone who merely browses our Website, but has not registered as Member.
A "Member" is an individual that has registered with us to use our Service.
Our "Service" represents the collective functionality and features as offered through our Website to our Members.
A "User" is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
- Permission is granted to temporarily download one copy of the materials (information or software) on Custom Med Patient Services Inc.’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Custom Med Patient Services Inc.’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Custom Med Patient Services Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Custom Med Patient Services Inc. without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing Custom Med Patient Services Inc.'s name or trademarks without the express written consent of Custom Med Patient Services Inc.. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Custom Med Patient Services Inc., in other way that is likely to trigger confusion among consumers, that disparages or challenges Custom Med Patient Services Inc. or its licensors, that dilutes the strength of Custom Med Patient Services Inc.'s or its licensor's residential property, or that otherwise infringes Custom Med Patient Services Inc.'s or its licensor's copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Custom Med Patient Services Inc. develops to generate or show any Material of the pages making up the Website is likewise secured by Custom Med Patient Services Inc.'s copyright, and you may not copy or adjust such code.
Custom Med Patient Services Inc. has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
If alerted by a User of any products which allegedly do not conform to these Terms, Custom Med Patient Services Inc. could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Custom Med Patient Services Inc. has no liability or duty to Individuals for efficiency or nonperformance of such activities.
Our company is not a Medical Consultancy Firm and does not deal in providing health assistance. The content which is written on our site is not for medical practice. The readers and visitors should seek proper treatment by taking help from your own doctor or an health care provider. In case of health emergency , call 911 immediately.
Online consultancy by messaging or video is there for you to get proper information regarding your health.
We do not provide a 24 hour services for emergency situations nor we will take any request in critical conditions.
In case, if you need help regarding mental health services then approach National Mental Health Association Information Center. There are few things that need to be clear regarding the National Mental Association Information Center (nmha.org). We are there to provide informational & educational based resources to you and we are not engaged in any clinical or licensed medical or psychological field practice.
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally satisfy any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Custom Med Patient Services Inc. additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.
Custom Med Patient Services Inc. does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Custom Med Patient Services Inc. books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless Custom Med Patient Services Inc. suggests otherwise, you grant Custom Med Patient Services Inc. a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Custom Med Patient Services Inc. and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Custom Med Patient Services Inc. for all claims resulting from Content You supply. Custom Med Patient Services Inc. has the right but not the commitment to edit and keep track of or eliminate any task or Material. Custom Med Patient Services Inc. takes no duty and assumes no liability for any content published by You or any 3rd party.
No promise of Certification
Even though we have consultants listed on our website, we are more focused to keep their records and not responsible for the authentication. There is no assurance for any of the consultants background, qualification & knowledge even if they are engaged in the clinical practices. There are no recommendations made on the list of the consultants, either of endorsement or guarantee on the abilities or qualification of any of the consultant or about the services.
In case if any consultant is negligent, we will not be responsible for such negligence. The information, suggestion and opinions belong to the consultants and are not endorsed by us. So we will not liable, if any negligence occurred from the consultants end because we do not pass decisions regarding the consultation.
There is no assurance that if a person, who uses the website for getting medical advice will get the right advice . We are not responsible for any advice given by anybody on our website.
The information which will be shared on or through the website interaction will stay confidential and it will not lead to any client-professional relationships.
It will be your responsibility to check the certification and proper licensing of the person you are involving in your healthcare.
Making the information available to you is what we can do. If you undertake any implementation of courses recommended by the health provider, then you will be responsible for the risk that could be involved in it. On the other hand we will try our level best in verifying consultant's background to make sure they are authentic, still we as an intermediary party won't be able to guarantee authentication. We will not be held responsible for the loss caused by your trusting consultant certification or website data.
As part of what is written above, in case of having any loss, our liability will stay restricted to amount paid for any product or services purchased on our website. Any claim made against the product or services with the use of website must be brought within one year since the occurence of the action. Further if you use this site you agree to waive any right to take part in a class action suit for any losses or damages as a result of your use of the Website.
WE DO NOT PROVIDE MEDICAL ADVICE
The Content that you obtain or receive from us, and our employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and payment purposes only. All medically related information, comes from independent healthcare professionals and organizations and is for information purposes only.
No Space for Doctor-Patient Relationship Custom Med Patient Services Inc. absolutely do not create doctor-patient relationship. Everything which has been placed on Custom Med Patient Services Inc. is for your convenience, either its services or just content. The reason behind placing it there is just for your information purpose only.The information and content is not a substitute of proper health examination or treatment. Gathering information regarding your query and approaching a physician for a proper cure are two different things, so the customers are advised not to take information as an alternate for proper diagnosis after physical testing.
Custom Med Patient Services Inc. Consultation
Doctor- patient relationship would be supported in Custom Med Patient Services Inc. , if an existing doctor-patient relationship exists and Custom Med Patient Services Inc. video would create a temporary relationship between doctor and patient.
We Aren't Your Doctor (Custom Med Patient Services Inc.)
The reason behind mentioning "Your Doctor", means that we are emphasizing more on the formal relationship between doctor-patient in the real world . The information that you gather from experts is just for increasing your knowledge regarding your query; they are not your actual doctor, physician or health examiner. Participating on Custom Med Patient Services Inc. means you are consulting and gathering the information in the first place which does not mean considering Custom Med Patient Services Inc. as a substitute of your primary care physician. You can use Custom Med Patient Services Inc. in times of need, for consulting with your existing doctor.
No Treatment & Recommendation Available (Custom Med Patient Services Inc.)
The users must know, the conversation on Custom Med Patient Services Inc. does not mean that the consultant will either recommend you take any medicine or there would be any guidance regarding the treatment. The consultant has no right to diagnose any disease or give prescription for the cure. Using the interaction as an alternate to real physician examination is absolutely not recommended. In case if you need proper treatment and appointment then you must visit your doctor in person for having a proper health check-up.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Terms and Conditions for the Consultants
The consultant working in our company is not an employee, agent or joint venturer of the company; consultant is only an independent contractor and will be responsible for the financial matters related to paying all the due taxes occurred from his consultancy.
The fees which consultant will charge from the customer will be Consultant Rate and company on the other hand will charge its Administration Management fee to the Consultant. The administration fees covers the services to consultant, these services includes the platform provided to the consultant , technical support and arranging sessions with the customers . Consultant is responsible for standard phone, data and messaging charges from Consultant’s wireless carrier. The standard phone, messaging and data charges by the wireless carrier used by the consultant are consultant's responsibility. The deduction of the Administration Management Fee will be taken from the Consultant Rate and rest of the balance will be transferred to consultant as Consultant Payout within 30 days.
There are a few documents that a consultant will provide to the company when asked. These documents includes, background document, contact information, specific information required for the website. Consultant agrees that all information provided to Company is true, current, and complies with relevant law. All the documents given by consultant will assure the company that the information provided is completely true and current. In case of change in the contact, qualification, licensing or any other relevant matter, the consultant will immediately bring that matter into company’s knowledge. Company keeps the right to modify the text, and look of the profile and make the correction if any misleading information is found in the profile. In case of consultant breaching any rule set by the company, then either company or the concerned department will have the right to ask for the compensation or remedy against of the damages/loss done to the company.
Keeping the privacy intact should have to be consultant's first priority. No consultant will have the right to give the information gathered in the consultation session to a third party. Using the information for marketing consultant's own product or services is not allowed and neither sharing the information with the third party nor using the information for personal interest. Both the acts are strictly prohibited. All the information regarding, company's practices, customer information, way of conducting business and other confidential information will be kept confidential by the consultant as per agreement except as provided by law.
Consultant will not create a negative image of the company on any forum. The other point is, which the consultant must know that company will keep the feedback from its customers regarding the services provided by the consultant .
Limitation on Consultancy
There are certain laws and regulations made for conducting standard information sessions. The restrictions on the consultant's activity includes, medical advice, other information and advice which are supposed to be rendered only by a professional or someone who has built professional relationship. Consultant's work is to provide the related information and not getting involved in diagnosing the treatment and prescribing medicines in the information session. The consultant must bring this into customer's knowledge that the information session is not a replacement for the advice of a physician after physical health examination. The information session should be taken as an informational session and nothing more than this. The consultant will neither endorse any medical advice associated with the information session nor will be allowed to give medical or psychological advice along with the guarantee of the result.
No Responsibility of the Company
During an information session, if any negligence made from consultant's end then consultant will not have the right to claim against the company or its officials . The consultant will be solely liable for the outcome of the interaction between consultant and customer no matter what the reason is.
Way of Conducting Session
The consultant must follow the standard way for conducting the session. During the information session, the environment in the surrounding must be peaceful, session must be conducted in a quiet place . Consultant must act respectfully and talk in a professional way. The consultant must be available during the entire information session.
You agree that prescriptions in Consultation not using video may be limited and may not include:
1.Medications for narcotics or DEA (Drug Enforcement Administration)
2.Medications for Psychiatric illnesses
3.Medications restricted by states whether by video or otherwise
4. Medications for lifestyle such as erectile dysfunction in males or sexual dysfunction in females or diet drugs
Some examples of the drugs in each schedule are listed below.( Data given below taken from http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV))
Schedule I Controlled Substances
Substances in this schedule have no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.
Some examples of substances listed in Schedule I are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), peyote, methaqualone, and 3,4-methylenedioxymethamphetamine ("Ecstasy").
Schedule II/IIN Controlled Substances (2/2N)
Substances in this schedule have a high potential for abuse which may lead to severe psychological or physical dependence.
Examples of Schedule II narcotics include: hydromorphone (Dilaudid®), methadone (Dolophine®), meperidine (Demerol®), oxycodone (OxyContin®, Percocet®), and fentanyl (Sublimaze®, Duragesic®). Other Schedule II narcotics include: morphine, opium, codeine, and hydrocodone.
Examples of Schedule IIN stimulants include: amphetamine (Dexedrine®, Adderall®), methamphetamine (Desoxyn®), and methylphenidate (Ritalin®).
Other Schedule II substances include: amobarbital, glutethimide, and pentobarbital.
Schedule III/IIIN Controlled Substances (3/3N)
Substances in this schedule have a potential for abuse less than substances in Schedules I or II and abuse may lead to moderate or low physical dependence or high psychological dependence.
Examples of Schedule III narcotics include: products containing not more than 90 milligrams of codeine per dosage unit (Tylenol with Codeine®), and buprenorphine (Suboxone®).
Examples of Schedule IIIN non-narcotics include: benzphetamine (Didrex®), phendimetrazine, ketamine, and anabolic steroids such as Depo®-Testosterone.
Schedule IV Controlled Substances
Substances in this schedule have a low potential for abuse relative to substances in Schedule III.
Examples of Schedule IV substances include: alprazolam (Xanax®), carisoprodol (Soma®), clonazepam (Klonopin®), clorazepate (Tranxene®), diazepam (Valium®), lorazepam (Ativan®), midazolam (Versed®), temazepam (Restoril®), and triazolam (Halcion®).
Revisions and Errata
The materials appearing on Custom Med Patient Services Inc.’s Website could include technical, typographical, or photographic errors. Custom Med Patient Services Inc. does not warrant that any of the materials on its Website are accurate, complete, or current. Custom Med Patient Services Inc. may make changes to the materials contained on its Website at any time without notice. Custom Med Patient Services Inc. does not, however, make any commitment to update the materials.
Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of this health and health-related information may be considered “protected health information” if such information is received from or on behalf of Healthcare Providers.
Safeguards for PHI
HIPAA protects the privacy and security of your Protected Health Information by limiting the uses and disclosures of this information by most healthcare providers and companies, like Custom Med Patient Services,Inc., called “Business Associates”.
By using this site , you give us written permission to allow us to use and disclose your Protected Health Information , if we act as a Business Associate of Your Healthcare consultants . When we are not working on behalf of Your Healthcare Providers, but instead working on our own behalf. Custom Med Patient Services Inc. is not working as a Business Associate and the HIPAA requirements that apply to Business Associates will not apply to such uses and disclosures.
Arbitration is an agreement for resolving disputes between one or more person with no jury trial being involved in it.
Arbitration is made to resolve disputes of the parties. It involves no jury trial. The rules are implemented in accordance with established arbitration rules of the AAA. The basic objective should have to be resolving a dispute with minimum expense incurred in it and take the maximum satisfaction out from it. Approaching us first for resolving an issue would be a wise step. The step for resolving a dispute must be started with an AAA arbitrator in Santa Clara County, California. The resolving step must be initiated within one year of the date it happened or within maximum time allowed by law. Arbitration allows an individual to resolve an issue . The jury has no right to intervene in between, the proceedings will be governed through the AAA procedure. It is important that the dispute must be kept confidential by both the parties. Furthermore, if any part of this arbitration agreement seems invalid then it shall be detached from the rest of the clauses and the rest of this clause and agreement shall be valid.
The materials on Custom Med Patient Services Inc.'s Website are provided "as is" Custom Med Patient Services Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Custom Med Patient Services Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither Custom Med Patient Services Inc. nor the Website has control over the quality or fitness for a particular function of a product. Custom Med Patient Services Inc. likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY Custom Med Patient Services Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Custom Med Patient Services Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Custom Med Patient Services Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Custom Med Patient Services Inc. DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Custom Med Patient Services Inc. ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Custom Med Patient Services Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Website OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Custom Med Patient Services Inc.'S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Custom Med Patient Services Inc. has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Any claim relating to Custom Med Patient Services Inc.’s Website shall be governed by the laws of California without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe Custom Med Patient Services Inc., its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Custom Med Patient Services Inc. will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in California, United States and shall be governed by and construed in accordance with the laws of California, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Custom Med Patient Services Inc. under our Legal Terms shall survive the termination of our Legal Terms.
You agree that you are not located in a country subject to a U.S. Government embargo, or called a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted entities.