DMG IS NOT A LICENSED MEDICAL OR OTHER HEALTH CARE PROVIDER AND DOES NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
1. Scope of Services and Limitations
The Services are provided to you free of charge, solely for scheduling Test appointments, and do not constitute a diagnostic test, or treatment of any condition, disease or illness. DMG does not and will not administer the Test, provide Test results, or prescribe or order any drugs or medication in connection with the Services. The Services do not replace your existing primary care or other relationship with your physician. If you choose to schedule a Test, the Test will be performed by a third-party organization health care testing provider and the results of your Test will be provided to you by the third-party organization responsible for conducting testing or analyzing the lab results, separate and apart from the Services offered by DMG. You are solely responsible for sharing any results with your employer, primary care or other personal physician and for initiating follow up with such physician for care, diagnosis or medical treatments. Do not disregard medical advice from your healthcare provider or delay seeking such advice based on the information obtained as a result of your use of the Services. The Services are not intended to make a medical necessity determination for insurance purposes.
2. Protected Health Information.
In connection with your use of the Services, you may upload to the [dmgapp.co], and DMG may need access to “Protected Health Information”, “PHI” or “ePHI” as those terms are defined under the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”) Privacy Standards (45 C.F.R. Section 160.103) in providing the Services on your behalf, or on behalf of a healthcare provider or testing facility. In the event you upload any PHI in connection with your use of the [dmgapp.co] or the Services, DMG shall only utilize such PHI in accordance with minimum necessary standards under HIPAA, and shall maintain and ensure the confidentiality, privacy and security of PHI in accordance with HIPAA Privacy Standards. You and DMG shall be responsible for using appropriate safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted.
DMG may use and disclose your PHI to schedule a Test with testing facilities on your behalf, without your written authorization. Certain personal information and PHI may be disclosed to third parties (for example, testing center administrators and health care providers, laboratories analyzing Tests, such as the University of Miami and, research facilities analyzing Test results, and the Florida Department of Health (FDOH)) in order to provide the information and services that you request, and may be used by both DMG and third parties to provide that information and/or perform the Services. You acknowledge that certain activities may require DMG to share your private information, personal information and/or PHI with the associated third-party entity providing testing services. DMG is not responsible for the use of any such information by such third-party Test provider, including use by any of the same in a manner not intended when such information is disclosed to them.
DMG may combine, in a non-personally-identifiable format, the information that DMG collects from you with information from other users to create de-identified aggregate data, which no longer identifies you, and which may be used for analytics, business planning, research purposes or shared with third parties.
In order to access the Services, you will be asked to create a user account and upload information such as your first and last name, email address, phone number, date of birth, etc. The Services are not intended or designed for individuals under the age of 18 or the applicable age of majority in the relevant state. By using the Services, you confirm that you are age 18 or over or over the age of majority in your state, as applicable.
The Services are intended for individuals located and residing in the United States. However, the Services may not be available in certain U.S. states. You will be notified if the Services are not available in the state in which you are located.
You agree that any and all data you provide or make available in connection with the Services shall relate only to users located in the United States. By using the Services, you confirm that you are located in the United States when you receive the Services. You shall not access the Services outside of the United States and DMG disclaims any responsibility for any attempt by you to do so.
You agree that any data submitted or provided by you or on your behalf in connection with the Services is truthful, accurate, and appropriate. You agree that the Services that you request are for your own personal use and that you will not request a Test for another person.
4. Test Request Evaluation; INFORMATIONAL NATURE OF THE SERVICES: NO MEDICAL ADVICE
As part of the Services, you will be asked to complete a self-diagnostic, survey questionnaire regarding your symptoms. The survey questionnaire was developed in accordance with CDC guidelines and is provided, in order to determine whether you should be tested for COVID-19. After completing the survey questionnaire you will be notified if you are eligible to schedule an appointment for sample collection. If you are eligible to schedule an appointment, you are solely responsible for scheduling the appointment through the [dmgapp.co].
You may be ineligible for a Test based on the information that you provide or otherwise. You will be notified if it is determined that you are not eligible for a Test.
THE SURVEY QUESTIONNAIRE IS INTENDED FOR USE FOR SELF-DIAGNOSTIC PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE. THE END RESULTS OF THE SURVEY QUESTIONNAIRE SHOULD NOT BE USED IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT BY LICENSED PRACTITIONERS. DMG DOES NOT PRACTICE MEDICINE, AND DOES NOT OFFER PROFESSIONAL ADVICE OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR APPROPRIATE USE OF THE INFORMATION AVAILABLE THROUGH THE SERVICES.
6. Limitation of Liability.
IN NO EVENT WILL DMG OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, MOBILE PHONE DAMAGE, SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY ACCESS TO OR USE OF (OR INABILITY TO USE) ANY SERVICES. THE PRECEDING DISCLAIMERS AND LIMITATIONS SHALL APPLY EVEN IF DMG OR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICES MADE AVAILABLE ON OR THROUGH THIS [dmgapp.co] ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED.
EXCEPT AS SET FORTH IN THESE TERMS, DMG AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AND ALL CONDITIONS WITH REGARD TO THE SERVICES AND RELATED CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
DMG AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THERE WILL BE NO DELAY, FAILURE OR CORRUPTION OF DATA TRANSMITTED IN CONNECTION WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, DMG MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE SERVICES PROVIDED ON OR THROUGH THE USE OF THE [dmgapp.co]
DMG DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING ANY SERVICES PROVIDED BY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, SERVICES PROVIDED BY THE TEST PROVIDER, AND/OR OTHER PROVIDERS OF LABORATORY SERVICES. DMG IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSION IN THE INFORMATION YOU PROVIDE.
AT ANY TIME AND WITHOUT NOTICE, DMG MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION AND/OR PROVISION OF (A) THE [dmgapp.co] (OR ANY PART THEREOF, INCLUDING ANY FEATURES, CONTENT, INFORMATION, AND/OR MATERIALS); (B) ANY PART OF THE SERVICES; AND/OR (C) YOUR ACCESS TO THE [dmgapp.co] OR ANY PART OF THE SERVICES.
8. General Use Rules.
By using or accessing the [dmgapp.co] or Services, you agree to adhere to the following general use rules. We reserve the right to suspend or terminate your access to the [dmgapp.co], and to refuse any and all current or future access to, or use of, the [dmgapp.co] and the Services for violation of any of the following general use rules.
(i) You agree not to use obscene, racist, vulgar, discourteous, indecent or sexually explicit language or images and agree not to post, upload, e-mail, transmit, distribute, or otherwise make available, any such content or materials onto the [dmgapp.co].
(ii) You agree not to post or communicate infringing material or harassing communications or advertisements, and you agree not to post, communicate, upload, e-mail, text, transmit, distribute, or otherwise make available any material or content that infringes and/or violates any rights of a third party (including its intellectual property, data or other proprietary rights), or any law, regulation or ordinance.
(iii) You agree not to post any harassing, slanderous, libelous or derogatory information or content, or any advertisements for products or services, “junk mail”, spam, chain mail, pyramid schemes, or other form of commercial or illegal solicitation.
(iv) You agree not to harm, or attempt to harm minors in any way by your use or access of the [dmgapp.co] or Services.
(v) You agree not to create or use a false identity for the purpose of misleading others.
(vi) You agree not to post or distribute any software or other materials that contain a virus, worm, trojan horse or other harmful or disabling code or component.
(vii) You agree not to interfere with, or disrupt, the operation of the [dmgapp.co] and/or the Services, or with servers or networks connected to, or used in connection with the operation of the [dmgapp.co].
(viii) You agree not to disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the [dmgapp.co], or any requirement that we post on the [dmgapp.co].
(ix) You agree not to engage in any activity or use any device, software or routine that interferes with access to the [dmgapp.co] or the proper operation of the [dmgapp.co] or the Services.
(x) You agree not to delete or revise any Website Content or information of any other user.
(xi) You agree not to take any action that imposes an unreasonable large load on the [dmgapp.co] infrastructure.
9. Activities With Third Parties on or From the Website.
(a) Linking to Third Party Sites from Website.
From time to time, DMG may provide links on the Website that will allow you to connect with websites of third parties that are not under DMG’s control. DMG is providing these links only as a convenience to you. Further, there may be times while in the Website that you could be directed to sites that are beyond DMG’s control. This includes links from other organizations, test center providers, laboratories, or research organizations or that may use our logo(s) as part of an agreement with DMG. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
(b) No Warranties.
DMG MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT OF, OR THE PRIVACY PRACTICES OF, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS, MATERIALS OR SERVICES THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM ANY DMG WEBSITE EVEN IF WE PROVIDE LINKS TO SUCH SITES ON THE WEBSITE. WE ACCEPT NO RESPONSIBILITY FOR, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OR LIABILITY RELATING TO, THE ACCURACY, RELEVANCY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIALS DISPLAYED ON, OR CONTAINED IN, WEB SITES LINKED TO, OR TO WHICH YOU ARE DIRECTED FROM, OUR WEBSITE. YOU ACCESS AND USE SUCH WEB SITES, AND THE SERVICES PROVIDED IN CONNECTION THEREWITH, AT YOUR OWN RISK.
(c) No Endorsement.
Links to other websites do not imply an endorsement of the materials, products, content, ideas or interactive communications displayed on, or disseminated at or through those websites, nor does the existence of a link to another of our websites imply that the organization or person publishing at that website endorses any of the materials or ideas at our Website. DMG reserves the right to disable links from third party sites to our Website at any time without prior notice.
10. Special Admonitions for Children and International Users.
The [dmgapp.co] is designed for adults 18 years of age or older. Users under the age of 18 are not permitted to use the [Website][Mobile App]. If you are not a U.S. resident, you may access the Website solely at your own risk and are responsible for compliance with local laws and regulations, if applicable.
If you access our [dmgapp.co] from outside the United States, be advised that the [dmgapp.co] may contain references to Information, Website Content, Materials, Services, products and other information and materials that may not be available, or may be prohibited, in your country. We reserve the right to limit the provision of any of our Website, Website Content, Information, Materials, and any part of the Services to any person, geographic area or jurisdiction we so choose in the exercise of our sole discretion. The Services, or any part thereof, is void where prohibited. You agree to comply with all local rules regarding the use of our [dmgapp.co], Information, Website Content, Materials, and any part of the Services, including any local rules regarding acceptable online conduct.
As a user of the Services you are entirely responsible for maintaining the confidentiality of all passwords and all accounts that you establish in conjunction with your use of our [dmgapp.co] or the Services (“Your Accounts”). You are solely responsible for all activities that occur under, or relating to, your passwords and Your Accounts, and for your use of any of our [dmgapp.co] and any part of the Services.
You shall use your best efforts to cooperate with DMG in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you or us that is subject to indemnification by you. You agree that in the event of any unauthorized use of any part of the Services, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
12. Content Ownership; Intellectual Property and Proprietary Rights.
DMG may provide, through the [dmgapp.co], the following services that include without limitation the following (collectively, “Website Content”): (i) provision of the [dmgapp.co], Services and other online services and Internet sites; (ii) display, performance, provision, and use of: information such as account registration, symptom survey questionnaires, Test center scheduling calendars, appointment reminders and other educational, promotional, and marketing information (“Information”); (iii) copyrighted works, images, software, audio, data, designs, photographs, text, music, video, graphics, messages, and other such content; and (iv) other Materials, including Our Materials and Third Party Materials.
(a) Trademarks, Copyright and Intellectual Property Ownership.
DMG uses names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names on the [dmgapp.co], and with the Services, including but not limited to, Disaster Management Group (“Our Trademarks”). We own Our Trademarks and all Website Content (subject to some Website Content being licensed from a third party), and other information displayed and posted on, contained in, and/or provided in connection with, the [dmgapp.co] and/or the Services (collectively, “Our Materials”). Also, third parties have allowed us to post or use their materials and trademarks on the Site (“Third Party Materials”). We refer to Our Materials and Third Party Materials collectively as the “Materials.”
(b) Copyright Notice.
Our Materials contained on the Website are copyrighted materials of Disaster Management Group, LLC. Copyright © 2020 Disaster Management Group, LLC. All rights reserved.
DMG exclusively owns, or has the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the [dmgapp.co] and Services. We maintain all of the pages of the [dmgapp.co], and platforms and calendars used as part of the Services as a collective work under the U.S. copyright laws and protect the [dmgapp.co] and Materials under trademark and other intellectual property laws.
(c) Rights in Materials.
By using or accessing the [dmgapp.co] or Services, you do not acquire any rights or interest in any Materials. You agree not to display, use (including co-branding your own goods or services with Our Trademarks), remove, or alter DMG’s or any third party trademarks, Website Content or other Information without prior written consent. You also agree that any use by you, or on your behalf, of Our Trademarks, and the goodwill associated therewith, shall inure to DMG’s benefit.
Except as expressly permitted, you may not, modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way any Website Content from the [dmgapp.co], including code and software underlying this Website, nor may you sell, transfer or otherwise use the [dmgapp.co] or the Website Content in commerce or for any public or commercial endeavor without DMG’s prior and express written consent.
(D) Copyright Infringement Claims.
We are committed to respecting the intellectual property rights of other parties, and we ask you, and the other users of our Services, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on any of the Website may be sent to DMG’s Designated Agent. DMG’s Designated Agent is: [[email protected]]
13. Term; Termination.
14. Equitable Relief.
17. Contact Us.
Email Address: [[email protected]]
Last updated: April 7, 2020