SwiftMD Service Agreement

These Terms and Conditions define the obligations of SwiftMD, its authorized agents and you, the service subscriber and they establish the basic rules of safe and fair use of SwiftMD services and Electronic Medical Record (EMR) system. SwiftMD and its authorized agents reserve the right to immediately and without advance notice terminate the service and deny access to individuals who violate the Terms and Conditions.

By using the SwiftMD public Website, the mySwiftMD secure Website and the SwiftMD service, you signify your acceptance of the SwiftMD Service Agreement Terms and Conditions. If you do not accept the SwiftMD Service Agreement Terms and Conditions you should not use our service. If SwiftMD changes the Service Agreement Terms and Conditions we will post those changes prominently. Your continued use of the services and Websites following the posting of changes to these terms will mean you accept those changes. Changes to the Service Agreement Terms and Conditions will become effective immediately upon posting on the SwiftMD Websites and shall supersede all prior versions of the Terms and Conditions unless otherwise noted.

Your subscription authorizes you to use SwiftMD services as provided in this agreement. It is your duty to be truthful in your responses to questions posed in the patient intake interview screens and any discussions you have with the call center personnel and SwiftMD health care providers. You acknowledge that you understand that any misrepresentations about the patient's condition may result in serious harm to you or others. The law requires that every medical diagnostic or treatment encounter be documented. The documentation of treatment encounters with SwiftMD is maintained in an electronic medical record (EMR). You may also use your EMR to store other important medical information pertaining to your current health, medical condition and your health history.  While your account with SwiftMD is active and in good standing, you will have unlimited access to your medical information stored in your EMR.

SwiftMD practice software and treatment protocols are the intellectual property of SwiftMD and its practice administrative company Telemedicine Management Inc., (TMI) as well as their respective authorized vendors and agents. They include copyrighted and patented material and trade secrets, You are not permitted to copy, document, modify reverse engineer, reverse assemble or otherwise attempt to duplicate or discover the contents of said intellectual property of SwiftMD, TMI or their authorized vendors and agents. You are not permitted to sell, sublease, transfer, assign, enable, or grant access or rights to use the services of SwiftMD to anyone. You hereby agree that violations of this service agreement shall be subject to prosecution to the full extent of the law and that the choice of law, jurisdiction and venue shall be the federal or state courts of Maryland. The determination of whether you are in violation of any part of this service Agreement is at the discretion of SwiftMD.

All implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed. The service is sold "as is." Seller does not warrant that the services are fit for any particular purpose of buyer. Seller makes no warranties with respect to the services other than that they will conform to description contained in this agreement. Seller does not warrant that the goods or services provided hereunder do not infringe upon the patent, copyright, or trademark of any third party.

By accepting this Agreement, you are granted a non-transferable license subject to the terms of this Agreement to use SwiftMD services. In order to be valid, your account must contain certain required true, correct and verifiable information about your identity and medical history and your credit card information for purposes of billing and payment for services. In order to maintain access to SwiftMD services, and in order for SwiftMD to provide you important information regarding your medical treatment and your health, it is your responsibility to update your personal account information and to notify SwiftMD of any changes in your home address, e-mail address, telephone number, or credit card information including bank name, credit card number and expiration date. Your failure to do so may result in interruption of service or SwiftMD's inability to deliver to you important time-sensitive information about your medical condition, medications, laboratory and diagnostic test results. You may update your personal information by accessing your registration information through the mySwiftMD Website by logging in with your user name and password. You may send other communications and notices to SwiftMD by e-mail to info@swiftmd.com or by calling (800) 827-8856. Our mailing address is: SwiftMD 108 Village Square #142, Somers, NY 10589.

SwiftMD’s telemedicine consults are provided by Swift Medical Group, a group of physicians dedicated to the safe and effective, evidence-based practice of acute care telemedicine.  The administrative support functions for the practice are performed by Telemedicine Management, Inc., a SwiftMD authorized agent.  Swift Medical Group providers are responsible for the medical diagnostic and treatment decisions and advice.  Some of these providers are also shareholders in the administrative support provider company.  A list of these individuals will be provided to you upon request.

Your payment for services comprises three parts: (1) your registration fee at the time of activation or reactivation of the service, (2) your annual subscription fee, which can be paid in monthly installments, and (3) the provider consultation fees.  Registration and subscription fees are paid to Telemedicine Management, Inc. Provider consultation fees are paid to Swift Medical Group, the physician group that provides the SwiftMD medical services. The current fees for services and any special promotional rates are published and maintained on the SwiftMD Website at www.SwiftMD.com. Annual subscribers who terminate their SwiftMD membership before the expiration of the annual term shall receive a pro rated refund for the remaining full months in the annual membership subscription.

SwiftMD will provide services to all individuals whose presenting complaint passes the patient intake interview screening. However, for individuals who are under age 18 a parent or legal guardian must accept this Agreement and the Guidelines for the Safe Use of Telemedicine Consent to Treatment on his or her behalf. As a subscribing SwiftMD member your rights to use the service are not transferrable to others. You agree at all times not to falsify or misrepresent your identity or your authority to act on behalf of another person. You also agree to not attempt or facilitate to attack or undermine the security of the integrity of the systems or networks of SwiftMD or any of its authorized agents or affiliates.

SwiftMD services are delivered solely by telemedical means, over the telephone or the World Wide Web. You use them at your own risk. When accessing SwiftMD services, you are responsible for the proper functioning of your connection to the web and telephone service or signal.

SwiftMD is set up to and endeavors to provide telemedicine services on a 24 hours per day 7 days a week basis. However, SwiftMD does not and indeed cannot guarantee availability of the services during periods of power or telephone service outages, server crashes or breakdowns, Internet spam and virus attacks or events beyond its control, whether due to man-made conditions, attacks, accidents, natural disasters or weather-related emergencies or any other events of service interruption or termination whether due to human error or equipment failure. You agree that SwiftMD and all of its authorized agents and affiliates and their respective employees, officers and directors are not liable for any losses to you from interruption of the use of the service, or from errors, disclosures or losses encountered as a result of transmission or storage of your service data. You agree to indemnify and hold SwiftMD and all of its authorized agents and affiliates and their respective employees, officers and directors harmless for all liability, losses, costs and claims, including attorneys' fees, in any litigation arising out of the matters set forth in this paragraph.

When SwiftMD provides you connection or access to sources of literature on medical conditions, their diagnosis and treatment, SwiftMD can in no way guarantee the accuracy or the validity of the conclusions and advice reflected in the literature. The conclusions and views represented in the said literature are those of its authors. You agree to be responsible for observing all copyright rules and regulations in using the said literature and you agree to indemnify and hold SwiftMD and all of its authorized agents and affiliates and their respective employees, officers and directors harmless for all liability, losses costs and claims, including attorneys' fees, in any third party litigation concerning copyright infringement.

SwiftMD makes the treatment visit note available for the patient to review to ensure that relevant signs and symptoms of patient's presenting complaint are accurately documented and that patient understands the treatment decision and instructions issued by the SwiftMD health care provider. You are advised to immediately contact SwiftMD if you disagree with or do not understand the contents of the treatment visit note or the instructions issued by the treating SwiftMD health care provider.

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

It is understood that no delay or omission in exercising any right or remedy identified herein shall constitute a waiver of such right or remedy, and shall not be construed as a bar to or a waiver of any such right or remedy on any other occasion.

SwiftMD and its authorized agents and you agree to comply with all applicable laws and regulations of governmental bodies or agencies in performance of our respective obligations under this Agreement.

Please contact us if you have any questions about the SwiftMD Service Agreement.