Terms and Conditions of Use Agreement

Please read these terms and conditions carefully and in its entirety because this document contains important information that you will need to know about services (as defined below). You understand that by accessing or using the sites or services, you acknowledge that you have read, understood and agree to be bound by this agreement. If you do not agree to be bound by this agreement, do not use the services provided. 

If you have a medical emergency, immediately dial 911 or proceed to the nearest Emergency Department. 

Logica Med Solutions, Inc. owns and operates the websites located at www.docatalyst.com (the “Website”). Your access and use of the website and services found on the website are governed by these Terms and Conditions of Use Agreement. The services (“Services”) may include: providing information and technology-oriented tools on health care; providing pharmacy services; development and gathering of health care records for use in health care provider evaluations, communications and pharmacy services; administrative support for healthcare providers and pharmacy services. 

Eligibility

In order to use the Services, you must be: 

Over 18 years of age

Located in Pennsylvania

In Agreement to be legally bound by and comply with these Terms of Use

Understanding that agreeing and satisfying above requirements do not guarantee that you will receive all Services through the Website. 

By using the Services, you are agreeing to be the sole person utilizing any medical advice and prescribed medications provided to you by the Services. You are also agreeing to comply with all applicable laws in using the Services. 

Your Relationship with Logica Med Solutions

Logica Med Solutions is a technology company that provides a technology platform for users to access third-party medical providers and pharmacies. Our Service provides access to prescription fulfillment offered by the following pharmacy: Blueberry Pharmacy. Our Service also provides access to healthcare services through: iHealth Clinic. The Services offered do not constitute a doctor-patient relationship with Logica Med Solutions and users of the Services. By using the Service, you are entering into a doctor-patient relationship with iHealth Clinic. 

By accepting this Terms and Conditions of Use Agreement, you acknowledge and accept that third-party medical providers and pharmacies may communicate through messages, reports, text messages, phone calls and emails. It is your sole responsibility to monitor such forms of communication. You acknowledge and agree that you will not hold Logica Med Solutions or any affiliate liable for any loss, injury, or claims of any kind resulting from your failure to read or response to such forms of communication. You, also, acknowledge and agree that you will not hold Logica Med Solutions or any affiliate liable for any loss, injury or claims of any kind resulting from failure to comply with any treatment recommendation or instructions from third-party affiliates. 

By using the Services, you are entering a direct consumer relationship. You may directly or indirectly provide personal health information that is subject to use in accordance with the Website’s Privacy Policy. The Website’s Privacy Policy is hereby incorporated into and constitutes a part of this Terms of Use and Conditions of Use Agreement. 

Healthcare Services 

By using the Services, you are agreeing to a medical evaluation done through telemedicine that does not guarantee a certain outcome. In some circumstances, you may be advised to seek additional care or consultation from other healthcare providers. This may include but is not limited to a recommendation for an in-person office visits with a specialist that is not affiliated with Logica Med Solutions. 

I understand that no guarantees as to the outcome of any examination or treatment can be given. 

The Services include telemedicine. Telemedicine delivers healthcare services using electronic technologies to help facilitate evaluation, diagnosis, treatment, follow-up and medical advice. This type of healthcare delivery is not always the most appropriate way to provide care depending on many uncontrollable factors. In such a case, you may receive communication that you will be unable to use certain elements of the Services. 

Telemedicine requires users to provide all relevant information and may be limited in that the user’s complete medical history is not available during an evaluation. Thus, it is important to provide all relevant information while using the Services. Telemedicine may also be limited in that an in-person physical examination cannot be done. Telemedicine services cannot be a substitute for or replace in-person health care evaluations in all cases. Such limitations may include an inaccurate diagnosis or inappropriate treatment plan due to the lack of necessary information, whether submitted by the user or by the absence of a “hands-on” physical examination. By using the Services, you acknowledge and agree to assume the risk of these limitations. 

By using the Services, you are consenting to treatment as outlined in the Telemedicine Consent. The Telemedicine Consent is hereby incorporated into and constitutes a part of the Terms of Use and Conditions of Use Agreement. 

Any personal health information is governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-101, and its related regulations and amendments. The electronic systems used in the Services incorporate network and software security protocols to help protect the security of any health information. Such personal health information may be passed on to affiliated third-parties to facilitate the Services rendered. 

Pharmacy Services

If you qualify for a prescription as a result of the Services, you may select Logica Med Solutions to ship your prescription using third-party pharmacies. To use the Services, you give us consent to send and disclose to third-party pharmacies information provided by you including health care records and personal information. If you select to use any affiliated Logica Med Solutions pharmacy, then your medication will be shipped in child-resistant packaging. 

Financial Responsibility

By using the Services, you agree to pay all fees due. By entering your payment information and submitting your request for Services, you authorize Logica Med Solutions or any third-party affiliate to charge the amount due. Logica Med Solutions and third-party affiliates are not enrolled with or a participating provider with any federal or state healthcare programs. The costs of the Services made available are not eligible for any federal, state or private insurance program. Logica Med Solutions and third-party affiliates will not submit a claim for reimbursement to any third party on your behalf. 

Use and Ownership of the Services

Subject to this Terms and Conditions of Use Agreement, you are granted a limited, non-transferable, revocable license to access and use the Service for your personal use. No other rights, titles or interests in the Services are transferred to you and all rights, titles or interests not expressly granted are reserved by Logica Med Solutions.You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices accompanied or incorporated with the Services or Website. Your rights to access and use the Services can be denied at the discretion of Logica Med Solutions. 

Prohibited Use

Any use or attempted use of the Website or Services (i) for unlawful, fraudulent or malicious purposes, (ii) that could alter the Website or Services from functioning, (iii) that could interfere with other party’s use of the Website or Services, (iv) to gain unauthorized access of other people’s data, or any software or components of the Website or Services, (v) to reverse engineer, disassemble or decompile any section or technology or components of the Website or Services is strictly prohibited. 

By using the Services, you agree that you will not: (a) upload or transmit any message, information, data or images to Catalyst or any affiliate that is unlawful; threatening; harassing; tortuous; defamatory; obscene; libelous; inappropriate with respect to race, gender, sexuality, ethnicity or intrinsic identity; (b) create a false identity or duplicative accounts for any reason; upload or transmit files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or program that may impair the operation of another’s computer or property; (c) manipulate or display the Website or Services by using framing, mirroring or similar navigational technology; (d) distribute, sell, resell, transfer, assign, license any prescribed medications or medical advice given to you by the Services; (e) use any manual or automated process or device to monitor, download or copy any content made available on or through the Websites or Services; (f) assist or permit any person from engaging in any of these activities. 

Logica Med Solutions reserves the right to disclose any information that is deemed necessary to satisfy any applicable law, legal process or governmental request. 

Ownership of Information Submitted via the Website

With the exception of personal data or information that is submitted according to our Privacy Policy, whether by direct entry, submission, email or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary. Such information will become the property of Logica Med Solutions may be used by Logica Med Solutions for any purpose, including, without limitation, publicly display, modify and distribute.You further agree that you shall have no right of approval to compensation in connection with submitted information. 

Terms of Sale

All Services are subject to availability. Logica Med Solutions and any third-party affiliate may impose quantity limits or reject an order without prior notice. In the event of an error, Logica Med Solutions reserves the right to correct such error and review the order accordingly. Prices for Services are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of product through our Services. 

Only valid payment methods are acceptable to complete purchases through our Services. When purchasing a Service, you represent and warrant that you are authorized to use your designated payment method and for us to charge your designated payment method for the total amount of your order. To proceed with a purchase of our Service, you may be asked to supply information pertaining to your designated payment method. By submitting this information, you grant Logica Med Solutions the irrevocable, unencumbered, and perpetual right to provide such information to third parties to facilitate the transaction. Credit and debit card information is provided by Logica Med Solutions third-party online payment processing vendor, PayPal. The privacy policy and information security measures are available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full

Termination

The Terms and Conditions of Use Agreement will remain in full force and effect as long as you continue to access the Website or Services. You may terminate the Terms and Conditions of Use Agreement at any time by discontinuing accessing the Website and abstaining from using Services. Your permission to use the Website and Services automatically terminates if you violate the Terms and Conditions of Use Agreement. 

Logica Med Solutions reserves the right to terminate or suspend your use of any Services for any reason and without prior notice. You agree that if your use of the Services is terminated pursuant to this Terms and Conditions of Use Agreement that you will not attempt to use the Services under another identity and that you will indemnify and hold all Logica Med Solution and third-party affiliates harmless for any and all liability that may be incurred with respect thereto. 

After such termination, Logica Med Solutions will have no further obligation to provide you access to Services, except to provide access to your health records. 

Disclaimers

By using Website and Services, you agree that such use is at your sole risk. The Services provided are provided on an “As is” and “As Available” basis. Logica Med Solutions and each third-party affiliate, to the fullest extent permitted by law, disclaim any warranties and conditions of any kind, either express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, noninfringement of third parties’ rights, and with respect to any information, content, product, service, merchandise or other material provided by the Website or Services. Logica Med Solutions does not warrant or guarantee the accuracy, completeness, reliability, timeliness or usefulness of the Services. 

To the fullest extent of applicable law, neither Logica Med Solutions or its third-party affiliates are liable for any loss or damage caused by your reliance on information obtained through the Website or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Logica Med Solutions has been advised of the possibility of such damages.

To the fullest extent of applicable law, neither Logica Med Solutions or its third-party affiliates are liable for any loss or damage resulting from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Logica Med Solutions has been advised of the possibility of such damages.

Indemnification

You are to indemnify, defend and hold Logica Med Solutions and any third-party affiliates harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs and expenses (including without limitation, attorneys’ fees, litigation expenses and accounting fees), relating to or arising from your use of the Services, your fraud, violation of law, willful misconduct, or any breach by you of these Terms and Conditions of Use Agreement. 

Binding Arbitration/ Class Waiver

You agree that any legal claim, dispute or other controversy between you and Logica Med Solutions or any third-party affiliate relating in any way to Logica Med Solutions, the Website, the Services the Terms and Conditions of Use agreement will be resolved exclusively in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Associated (“AAA”), rather than in a court. The arbitration will be governed under the rules set forth by the AAA. You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court, except as expressly provided herein. The claims of multiple customers cannot be joined or consolidated. No arbitration shall be joined or consolidated with any other arbitration. 

All parts of these Terms and Conditions of Use Agreement apply to the maximum extent permitted by law. Logica and Med Solutions and you both agree that if we cannot enforce a part of this agreement as written, then that part will be replaced with terms that closely match the intent of the part that cannot be enforced and to the extent permitted by law. The invalidity or unenforceability of part of these Terms and Conditions of Use will not affect the validity and enforceability of the remaining provisions. 

No Waiver

Logica Med Solutions does not grant any waiver of any terms and conditions set for in this Terms and Conditions of Use Agreement despite any failure to assert or enforce any provision of this agreement. 

No Agency Relationship

Neither the Terms and Conditions of Use Agreement, any Content, materials or features of the Website or Services, create any partnership, joint venture, employment, or other agency relationship between you and Logica Med Solutions or any third-party affiliate. You may not enter into any contract on our behalf or bind us in any way. 

Assignment

You may not assign any of your rights under these Terms and Conditions of Use Agreement, and any such attempt will be null and void. Logica Med Solutions may, in its sole discretion, transfer without further consent or notification, all contractual rights and obligations pursuant to these Terms and Conditions of Use Agreement to any third-party affiliate or to another third-party in the event that some or all of the business of Logica Med SOlutions is transferred to another third-party by way of merger, sale of its assets or otherwise. 

Contacting 

If you have any questions or concerns about this Terms and Conditions of Use Agreement, please contact us by email at support@docatalyst.com

Last Updated: May 19, 2020