Contact Us

TELEHEALTH AND BILLING CONSENT
NOTICE OF PRIVACY PRACTICES
PRIVACY POLICY
TERMS AND CONDITIONS
OPEN PAYMENTS DATABASE NOTICE

MD ALLY TELEHEALTH CONSENT

I acknowledge that I may have a serious injury or illness which could get worse without in-person or emergency medical attention even though I may feel fine at the present time. I understand the risks and benefits of all options currently available, up to and including transport to an emergency department, hospital, or other healthcare facility. I understand that telehealth is the provision of medical services remotely by a qualified healthcare professional using telecommunications technologies, such as video conferencing or telephone (“Telehealth Encounter”) and that a Telehealth Encounter is limited in its ability to respond to emergencies. In the case that I do have a serious injury or illness, I understand that my decision to receive care virtually first will likely increase the amount of time that I am not cared for in person at an emergency department or hospital.

I understand and agree that by signing this form, I am expressly consenting to i) Telehealth Encounter by MD Ally Telehealth Services P.A., ii) third-party individuals other than myself and the qualified healthcare professional facilitating the Telehealth Encounter being present during and participating in the Telehealth Encounter; including specialists, community paramedics, nurses, support staff, pharmacists, community resource providers, and health insurance personnel, iii) MD Ally obtaining, using, storing, and disseminating to necessary third parties, information about me, including physician assessments, clinical encounter documentation, bio-physiological data transmitted electronically, videos, pictures, text messages, audio, recordings and any digital form of data, iv) MD Ally and/or a third-party following-up with me after the Telehealth Encounter to assess my satisfaction, coordinate access to additional resources, or provide additional information and/or education.

Furthermore, I agree to release, indemnify and hold harmless MD Ally, the medical command physician and medical command facility, and any qualified healthcare professionals or third-party participant involved in the Telehealth Encounter from any and all claims, actions, causes of action, damages, or legal liabilities of any kind arising out of i) my decisions, ii) any inaccuracies, gaps, misinformation, or omissions in my disclosure of my health information, iii) any act or omission of MD Ally, any qualified healthcare professionals involved in the Telehealth Encounter, the medical command physician, or medical command facility, or iv) the use of any of the technology involved in the Telehealth Encounter or follow-up support, including technical, data, or security failures.

Taking the all of the foregoing into consideration, at this time, I am choosing to 1) remain at my residence/current location, 2) not go to an emergency department, hospital, or other healthcare facility for care in person, and 3) receive a Telehealth Encounter by MD Ally. I acknowledge receipt of MD Ally’s Notice of Privacy Practices, which is inclusive of this Telehealth Encounter.

I certify that I have read and understand the foregoing. I am the patient, the patient’s legal representative, or am otherwise duly authorized by the patient to sign the above and accept its terms on his/her behalf.

ASSIGNMENT OF BENEFITS

I hereby assign to MD Ally Telehealth, P.A. and MD Ally Telehealth, P.C. (collectively, “MD Ally”) all my right, title, and interest in any and all health insurance or other health care benefits payable to me or on my behalf by any insurance payer, including Medicare, private insurance and any other health plan for medical treatment rendered by MD Ally. The assignment will remain in effect until revoked by me in writing. I authorize the release of pertinent information necessary to process my medical claim. I also authorize direct payment to MD Ally of all insurance benefits payable to me for such medical treatment. In the event an insurance payer pays me directly, I agree to immediately pay such amounts to MD Ally.

I understand that my insurance payer may pay less than the actual bill for services. I acknowledge that I am still responsible for paying MD Ally for any and all amounts not paid by my insurance payer, including non-covered charges and all copayments, coinsurance, and deductibles. I understand that if my insurance requires a referral, I am responsible for obtaining one prior to my appointment. In the event any collection action is necessary to collect amounts I owe to MD Ally, I agree to pay all expenses associated with such action, including but not limited to collection agency fees and attorneys’ fees.

BILLING AUTHORIZATION

By proceeding with a telehealth encounter with MD Ally, I acknowledge that I have been provided a copy of its Notice of Privacy Practices. Additionally, I authorize the submission of a claim to Medicare, Medicaid, or any other payer for any services provided to me by MD Ally now, in the past, or in the future, until such time as I revoke this authorization in writing. I understand that I am financially responsible for the services and supplies provided to me by MD Ally, regardless of my insurance coverage, and in some cases, may be responsible for an amount in addition to that which was paid by my insurance. I agree to immediately remit to MD Ally any payments that I receive directly from insurance or any source whatsoever for the services provided to me and I assign all rights to such payments to MD Ally. I authorize MD Ally to appeal payment denials or other adverse decisions on my behalf. I authorize and direct any holder of medical, insurance, billing or other relevant information about me to release such information to MD Ally and its billing agents, the Centers for Medicare and Medicaid Services, and/or any other payers or insurers, and their respective agents or contractors, as may be necessary to determine these or other benefits payable for any services provided to me by MD Ally, now, in the past, or in the future. I also authorize MD Ally to obtain medical, insurance, billing and other relevant information about me from any party, database or other source that maintains such information.

Furthermore, by participating in Telehealth Services via the MD Ally Telehealth tool, I acknowledge that:

The Provider will be at a different physical location than me.
It is my responsibility to provide accurate, complete, and current information about me and my health condition(s) to the Provider while receiving Telehealth Services.
I am responsible for all charges (a) that I may incur from my mobile or internet service provider, as applicable, when receiving Telehealth Services; and (b) that are not covered by my insurer or third-party payor, including any applicable deductibles or co-payments that apply to Telehealth Services. It is my responsibility to determine whether my insurance covers Telehealth Services.
I can withhold or withdraw consent to receive Telehealth Services at any time without affecting my right to future care or treatment, and I may terminate Telehealth Services at any time.
Unless otherwise prohibited by applicable law, to the extent any part of Telehealth Services are recorded, including my voice, image, or any information about me or the health care services I received through Telehealth Services, I acknowledge and consent to such audio and video recording.
The Provider has made reasonable and appropriate efforts to eliminate any confidentiality risks associated with Telehealth Services. I am also
responsible for mitigating any risks to my privacy or confidentiality stemming from the location or circumstances of my participation in Telehealth Services (e.g., joining the telehealth encounter from a quiet space, ensuring others do not overhear my conversation or see my computer or mobile device screen). All existing confidentiality protections under federal and state law apply to my information disclosed during Telehealth Services.
The Provider may use, share, or disclose my health information for reimbursement purposes, with other healthcare providers for treatment purposes, or for any other purposes in accordance with the Provider’s Notices of Privacy Practices and as permitted by applicable law.
All existing laws regarding access to my medical information apply to Telehealth Services. All of my medical information transmitted during Telehealth Services may be incorporated into my medical record and may be provided to other healthcare providers and entities for continuity of care purposes or as otherwise permitted under applicable law.
There are potential risks to using audio and visual technology for the purpose of a health care visit, including, but not limited to, interruptions, unauthorized access, technical difficulties, and call termination. I acknowledge and accept those risks, understanding there are alternatives to receiving Telehealth Services. Either me or the Provider can discontinue Telehealth Services if either of us determines that Telehealth Services are not right for my health care.
I understand and acknowledge that Telehealth Services are not intended to be, and do not act as, emergency services. If I am experiencing an emergency, I should not rely on Telehealth Services and instead should call 911.
If I have questions or concerns about Telehealth Services, it is my responsibility to contact the Provider. By participating in Telehealth Services, I acknowledge and agree that I have had sufficient opportunity to speak with the Provider and have no questions or concerns that would preclude me from participating.
I understand what it means to receive Telehealth Services and am legally authorized to acknowledge, agree, and consent to these MD Ally Telehealth Terms of Use and Informed Patient Consent (a) on behalf of myself for use of Telehealth Services in my medical care, and/or (b) on behalf of any other individual(s) that will be receiving Telehealth Services for their medical care during this healthcare encounter.

By joining the telehealth encounter and receiving Telehealth Services through the MD Ally Telehealth tool, I represent that I have read, understand, and agree to these MD Ally Telehealth Terms of Use and Informed Patient Consent; I have been advised of the potential risks, benefits, and alternatives of Telehealth Services; I have been given the opportunity to ask questions and have no remaining questions at this time; and I hereby give my informed consent for the use of Telehealth Services in my medical care and/or the medical care of the individual(s) that will be using Telehealth Services, as applicable.

Notice of Privacy Practices

Last updated on January 1, 2022

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Our Commitment to Your Privacy

MD Ally is dedicated to maintaining the privacy of your protected health information (‘PHI’). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, MD Ally will receive and create records containing your PHI. MD Ally is required by law to maintain the privacy of your PHI and to provide you with notice of its legal duties and privacy practices with respect to your PHI.

MD Ally must abide by the terms of this Notice while it is in effect. This current Notice takes effect on January 1, 2020, and will remain in effect until MD Ally replaces it. MD Ally reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If MD Ally changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If MD Ally changes this Notice, it will post the new Notice on its Web site and will make the new Notice available upon request.

Uses and Disclosures of PHI

MD Ally may use and disclose your PHI in the following ways:

Treatment, Payment and Healthcare Operations. MD Ally is permitted to use and disclose your PHI for purposes of (a) treatment, (b) payment and (c) healthcare operations. For example:
Treatment. MD Ally may disclose your PHI to another physician or healthcare provider for purposes of a visit or in connection with the provision of follow-up treatment.
Payment. MD Ally may use and disclose your PHI to your health insurer or health plan in connection with the processing and payment of claims and other charges.
Healthcare Operations. MD Ally may use and disclose your PHI in connection with its healthcare operations, such as providing customer services and conducting quality review assessments. MD Ally may engage third parties to provide various services for MD Ally. If any such third party must have access to your PHI in order to perform its services, MD Ally will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Notice.
Authorization. MD Ally is permitted to use and disclose your PHI upon your written authorization, to the extent such use or disclosure is consistent with your authorization. You may revoke any such authorization at any time. To authorize MD Ally to disclose your PHI to a third party, download the HIPAA Authorization to Disclose Protected Health Information here and mail it to the address listed on the form.

As Required by Law. MD Ally may use and disclose your PHI to the extent required by law.

Special Circumstances

The following categories describe unique circumstances in which MD Ally may use or disclose your PHI:

Public Health Activities. MD Ally may disclose your PHI to public health authorities or other governmental authorities for purposes including preventing and controlling disease, reporting child abuse or neglect, reporting domestic violence and reporting to the Food and Drug Administration regarding the quality, safety and effectiveness of a regulated product or activity. MD Ally may, in certain circumstances disclose PHI to persons who have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
Workers’ Compensation. MD Ally may disclose your PHI as authorized by, and to the extent necessary to comply with, workers’ compensation programs and other similar programs relating to work-related illnesses or injuries.
Health Oversight Activities. MD Ally may disclose your PHI to a health oversight agency for authorized activities such as audits, investigations, inspections, licensing and disciplinary actions relating to the healthcare system or government benefit programs.
Judicial and Administrative Proceedings. MD Ally may disclose your PHI, in certain circumstances, as permitted by applicable law, in response to an order from a court or administrative agency, or in response to a subpoena or discovery request.
Law Enforcement. MD Ally may, under certain circumstances, disclose your PHI to a law enforcement official, such as for purposes of identifying or locating a suspect, fugitive, material witness or missing person.
Decedents. MD Ally may, under certain circumstances, disclose PHI to coroners, medical examiners and funeral directors for purposes such as identification, determining the cause of death and fulfilling duties relating to decedents.
Organ Procurement. MD Ally may, under certain circumstances, use or disclose PHI for the purposes of organ donation and transplantation.
Research. MD Ally may, under certain circumstances, use or disclose PHI that is necessary for research purposes.
Threat to Health or Safety. MD Ally may, under certain circumstances, use or disclose PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
Specialized Government Functions. MD Ally, may in certain situations, use and disclose PHI of persons who are, or were, in the Armed Forces for purposes such as ensuring proper execution of a military mission or determining entitlement to benefits. MD Ally may also disclose PHI to federal officials for intelligence and national security purposes.

Your Rights Regarding Your PHI

You have the following rights regarding the PHI maintained by MD Ally:

Confidential Communication. You have the right to receive confidential communications of your PHI. You may request that MD Ally communicate with you through alternate means or at an alternate location, and MD Ally will accommodate your reasonable requests. You must submit your request in writing to MD Ally. To submit such a request, download the Request for Restricts Request Form here and mail it to the address listed on the form.
Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations. You also have the right to request that MD Ally restrict its disclosures of PHI to only certain individuals involved in your care or the payment of your care. You must submit your request in writing to MD Ally. MD Ally is not required to comply with your request. However, if MD Ally agrees to comply with your request, it will be bound by such agreement, except when otherwise required by law or in the event of an emergency. To submit such a request, download the Request for Restricts Request Form here and mail it to the address listed on the form.
Inspection and Copies. You have the right to inspect and copy your PHI. You must submit your request in writing to MD Ally. MD Ally may impose a fee for the costs of copying, mailing, labor and supplies associated with your request. MD Ally may deny your request to inspect and/or copy your PHI in certain limited circumstances. If that occurs, MD Ally will inform you of the reason for the denial, and you may request a review of the denial. To request access to your PHI that is not already accessible to you in the Member Portal, download the Request to Access PHI Form here and mail it to the address listed on the form.
Amendment. You have a right to request that MD Ally amend your PHI if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is maintained by MD Ally. You must submit your request in writing to MD Ally and provide a reason to support the requested amendment. MD Ally may, under certain circumstances, deny your request by sending you a written notice of denial. If MD Ally denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records. To make a request to amend PHI that you cannot otherwise change yourself through the Member Portal, download the Request to Amend PHI form here and mail it to the address listed on the form.
Accounting of Disclosures. You have a right to receive an accounting of all disclosures MD Ally has made of your PHI. However, that right does not include disclosures made for treatment, payment or healthcare operations, disclosures made to you about your treatment, disclosures made pursuant to an authorization, and certain other disclosures. You must submit your request in writing to MD Ally and you must specify the time period involved (which must be for a period of time less than six years from the date of the disclosure). Your first accounting will be free of charge. However, MD Ally may charge you for the costs involved in fulfilling any additional request made within a period of 12 months. MD Ally will inform you of such costs in advance, so that you may withdraw or modify your request to save costs. To make a request for an accounting of disclosures, download the Request for an Account of Disclosures Form here and mail it to the address listed on the form.
Breach Notification. You have the right to be notified in the event that MD Ally (or a MD Ally Business Associate) discovers a breach of unsecured PHI.
Paper Copy. You have the right to obtain a paper copy of this Notice from MD Ally at any time upon request. To obtain a paper copy of this notice, please contact the Privacy Officer by writing to: Privacy Officer, MD Ally, 348 West 57th Street, Suite 180, New York, NY 10019 or sending an email to compliance@mdally.com.
Complaint. You may complain to MD Ally and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. To file a complaint with MD Ally, you must submit a statement in writing to: Privacy Officer, MD Ally, 348 West 57th Street, Suite 180, New York, NY 10019 or sending an email to compliance@mdally.com. MD Ally will not retaliate against you for filing a complaint.

Further Information. If you would like more information about your privacy rights, please send an email to the Privacy Officer at admin@mdally.com.

Individual Requests

Last updated on January 1, 2022

1. Policy
Individuals have a right to make certain requests pertaining to their PHI as described below.

1.1 Right to Inspect and Copy PHI

A. Procedure

Written Request. To inspect and copy PHI maintained by MD Ally, an individual must submit a request in writing to:
admin@mdally.com that states the individual’s name, address and the last four digits of his/her Social Security number and describes the PHI the individual is seeking. MD Ally may deny a request, as specified below.
1. Information Made Available. The designated record set to which the individual will be entitled includes: (i)
  medical records and billing records about the individual maintained by or for MD Ally as a medical practice; (ii)
  records used, in whole or in part, by or for MD Ally to make decisions about the individual.
2. Time for Response/Access. Except as provided below, any request for access is responded to no later than3 0
  days after it was received by MD Ally. A one-time extension of 30 days is available to MD Ally if it is unable to take action within the first 30 days. Within the first 30 days after the individual’s request is made, the individual will be furnished with a written
  statement that states: (i) the reasons for the delay; and (ii) the date by which a response will be provided.
Granting of Request. If a request for access to PHI is granted by MD Ally, the requesting party will be notified in
writing of the acceptance of the request and the requested access will be provided.
1. Format. The requested information will be provided in the format requested by the individual, unless it is not
  readily reducible to such form. If the requested format cannot be provided, a readable hard copy or electronic
  form as agreed to by MD Ally and the individual will be provided. To the extent the information is maintained
  electronically, MD Ally shall make available to the requesting party a copy of such information in the electronic
  form and format requested by the individual, if it is readily producible or, if not, in a readable electronic form and
  format as agreed to by MD Ally and the individual.
2. Fees. An individual will be charged a reasonable per-page fee for the hardcopy copies, or a reasonable costbased
  fee for the preparation of, an explanation or summary of the requested PHI.
Denial of Request for Access. A request to inspect and copy PHI may be denied in certain limited circumstances
specified by the Privacy Rule.
1. Format of Denial. A denial of a request for access must:
  - Be written in plain language;
  - State the basis for the denial;
  - If applicable, state the individual’s right to an independent review of the denial;
  - If applicable, provide a description of how the individual may exercise such review rights; and
  - Provide a description of how the individual may appeal the denial to MD Ally, including the name and
    address of the HIPAA Privacy Officer, or to the Secretary of HHS.
2. Making Other Information Accessible.
  - Partial Denial. If access is denied in part, the individual will be given access to any other PHI requested
    after MD Ally excludes the PHI for which access has been denied.
3. PHI Maintained by Other Entity. If access is denied, in whole or in part, because the requested information is
  not maintained by MD Ally and MD Ally knows where the requested information is maintained, MD Ally employee
  will inform the individual where to direct the request for access.
Review of Denial of Access
1. Right of Review. In certain instances, referred to above with the symbol [R], an individual whose request for
  access is denied has the right to have the denial reviewed by a licensed health care professional designated by
  MD Ally who did not participate in the original decision. In other situations, referred to above with the symbol
  [NR], MD Ally may deny an individual access without providing an opportunity for review.
2. Written Request For Review. To secure review of a denial of a request to inspect and copy PHI, an individual
  must submit a request in writing to: admin@mdally.com.
3. Review Procedure.
  - Upon receipt of a request for review of a denial, the Privacy Officer must promptly refer the matter to a
    licensed healthcare professional who was not directly involved in the denial.
  - The designated licensed healthcare professional will, within a reasonable time, review the individual’s
    request and the denial of the request based on the following standards: (i) whether access may endanger
    the life or physical safety of the individual or other person; (ii) Whether the PHI makes reference to another
    person who is not a health care provider and the access requested is reasonably likely to cause substantial
    harm to that person; or (iii) whether the access requested is made by the individual’s personal
    representative and access to the personal representative is reasonably likely to cause substantial harm to
    the individual or another person.
  - MD Ally will provide prompt written notice to the individual of the determination by the designated
    healthcare professional.
  - MD Ally will take prompt action to carry out the healthcare professional’s determination.

1.2 Requests for Confidential Communications of PHI and/or Alternative Means of Communications

A. Standard to Receive Confidential Communications
MD Ally may accommodate an individual’s reasonable request to receive communications of PHI in a confidential manner or
at an alternative location. If the individual clearly and reasonably states that the disclosure of all or part of that information
could endanger the individual, MD Ally will accommodate the individual’s request

B. Procedure

Written Request
1. For confidential communications or communications at an alternative location of PHI maintained by MD Ally, an
  individual must make a request in writing to: admin@mdally.com
Required Information. The request should:
1. state the individual’s name, address and the last four digits of his/her Social Security number;
2. specify how or where communications are to be made; and
3. if appropriate, a statement that disclosure of all or part of the information to which the request pertains could
  endanger the individual.
Granting Requests. MD Ally will accommodate reasonable requests and may condition its accommodation on:
1. Information as to how payment, if any, will be handled; and
2. Specification of an alternative address or another method of contact.

1.3 Requests to Restrict Uses and Disclosures of PHI

A. Standard to Request Restriction of Uses and Disclosures of PHI

MD Ally may accommodate an individual’s reasonable request to restrict uses and disclosures of their PHI to carry out
treatment, payment or health care operations or disclosures to a relative or individual identified by the patient, UNLESS the
disclosure is: (i) to a health plan for purposes of carrying out payment or health care operations (and not for treatment), (ii)
not otherwise required by law, and (iii) the PHI pertains solely to a health care item or service for which the health care
provider involved has been paid out-of-pocket in full – in which case MD Ally must accommodate an individual’s request.

B. Procedure

Written Request
1. For restrictions on the use or disclosure of PHI maintained by MD Ally, an individual must make a request in
  writing to: admin@mdally.com
2. Required Information. The request should:
  1. state the individual’s name, address and the last four digits of his/her Social Security number;
  2. specify what PHI is to be restricted; and
  3. to whom the restriction should apply (e.g., name of the health plan).
3. Granting Requests
  1. Required Restrictions to Health Plans: MD Ally will accommodate requests to restrict disclosures to health
    plans for payment or health care operations, as specified above and in accordance with § 164.522(a)(1).
  2. For all Other Restrictions: MD Ally will accommodate reasonable requests.

1.4 Requests for Accounting of Disclosures of PHI
A. Standard to Request an Accounting
Individuals have a right to receive an accounting from MD Ally that lists certain disclosures of their PHI made by MD Ally
during the six (6) year period prior to the request.

B. Procedure

Request for Accounting. All requests for an accounting of disclosures of PHI maintained by MD Ally must be
submitted in writing to: admin@mdally.com
Required Information. The individual’s written request must state:
1. Name, address and telephone number of the person who is the subject of the information for which an
  accounting is requested;
2. The last four digits of the individual’s Social Security number;
3. Time period for which accounting is sought — not to exceed 6 years from the date of the request; and
4. Format of the information sought — paper or electronic (if electronic, requesting party must provide an e-mail
  address).
Fees. A single accounting request within a 12-month period will be free of charge. A requesting individual will be
responsible for paying a reasonable cost-based fee for any additional accounting requests, provided they are notified
of the costs involved before they are assessed and given an opportunity to withdraw or modify the request.
Time for Response/Access. Except as stated, any request for an accounting will be acted upon no later than3 0
(thirty) days after it was received.
1. A one-time extension of 30 (thirty) days is available to MD Ally if it is unable to take action within the first 30 (thirty) days, provided that within the first 30 (thirty) days MD Ally provides the individual with a written statement setting forth the reasons for the delay and the date by which a response will be provided.

C. Contents of the Accounting

Accounting Requirements. The accounting will be written and provide the following information to the individual:
1. A list of the covered disclosures that occurred during the six (6) years preceding the request, unless that period
  is shortened by the compliance date or the individual’s request, and the date of each disclosure;
2. A list of the disclosures to or by Business Associates that occurred during the relevant time frame, and the date
  of each disclosure;
3. The name of the person or entity who received the disclosed information and, if known, the address of such
  person or entity;
  1. A brief description of the PHI disclosed in each disclosure; and
  2. A brief statement of the purpose of the disclosure that reasonably informs the individual of the basis of the
    disclosure. In lieu of such a statement, MD Ally may provide a copy of a written request for a disclosure for the
    purpose of complying with the Secretary of HHS’s compliance activities or for disclosures for which authorization
    is not required.
Items Excluded. The accounting for disclosures will not include the following disclosures:
1. Disclosures for carrying out treatment, payment or health care operations;
2. Disclosures pursuant to a valid authorization executed by the individual;
3. Disclosures of PHI to the individuals;
4. Disclosures for the facilities directory, disclosures to persons involved in the individual’s care, or for other
notification purposes;
5. Disclosures for national security or intelligence purposes;
6. Disclosures to correctional institutions or law enforcement officials; or
7. Disclosures that occurred before April 14, 2003.
Accounting Requirements; Multiple Disclosures. If, during the period covered by the accounting request, MD Ally
has made multiple disclosures of PHI to the same person or entity for the purpose of complying with the Secretary of
HHS’s compliance activities, for disclosures for which authorization is not required, or pursuant to a single
authorization, the accounting may, with respect to such disclosures, provide:
1. The information required by Section B.1 above for the first disclosure during the accounting period;
2. The frequency, periodicity or number of disclosures made during the accounting period; and
3. The date of the last such disclosure during the accounting period.

D. Suspension of Right

Temporary Suspension of Right Through Written Request. MD Ally will temporarily suspend an individual’s right to
receive an accounting of disclosures pursuant to a health oversight agency or law enforcement official’s request if the
agency or official provides a written statement to MD Ally:
1. Stating that the accounting to the individual would likely impede the agency’s activities and;
2. Specifying the time period for which the suspension is required.
Temporary Suspension of Right Through an Oral Request. If the agency or official statement requesting that an
accounting not be disclosed is made orally, the Privacy Officer will:
1. Document the statement, including the identity of the agency or official making the statement;
2. Temporarily suspend the individual’s right to an accounting subject to the statement; and
3. Limit the temporary suspension to no longer than 30 days from the date of the oral statement, unless a written
  statement as required above is submitted during that time.

1.5 Amendment Requests
A. Standard for Amendment Requests
An individual has the right to request that MD Ally amend his/her PHI maintained in the designated record set. However, in
certain instances described below, MD Ally may deny the request.

B. Procedure

Amendment Requests. All requests for amendments must be submitted in writing to: admin@mdally.com
Required Information. The written request should state:
1. Name, address and telephone number of the person who is the subject of the information for which an
  amendment is requested;
2. The last four digits of the individual’s Social Security number; and
3. The reason(s) in support of the request.
Time for Action on Notice of an Amendment. Amendment requests will be acted upon no later than sixty (60) days
after receipt of the request.
1. A one-time thirty- (30-)day extension is available to MD Ally so long as the individual is provided, within the first
  thirty (30) days, with a written statement of the reasons for the delay and the date by which MD Ally will complete
  the requested amendment.

C. Granting an Amendment Request If MD Ally grants the request, in whole or part, it will:

Make the appropriate amendment to the PHI or record that is the subject of the request by, at a minimum, identifying
the records in the designated record set that are affected by the amendment and appending or otherwise providing a
link to the location of the amendment;
Timely inform the individual that the amendment is accepted and obtain the individual’s identification of and agreement
to have MD Ally notify the relevant persons with which the amendment needs to be shared; and
Make efforts to inform and provide, within a reasonable time, the amendment to:
1. Persons identified by the individual as having received PHI about the individual and needing the amendment; and
2. Persons, including Business Associates, that MD Ally knows have the PHI that is the subject of the amendment
  and that may have relied, or could foreseeably rely, on such information.

D. Denial of an Amendment Request

Reasons for Denial. MD Ally may deny a request for an amendment for the following reasons:
1. It is not in writing;
2. It does not include a reason to support the request;
3. The information was not created by MD Ally, unless the individual shows that the originator of the PHI is no
  longer available to make the amendment;
4. The information is not PHI kept by or for MD Ally;
5. The information is not part of the information the individual would be permitted to inspect and copy per Section
  1.1; or
6. The information that the individual seeks to amend is accurate and complete.
Timely, Written Denial. A denial will be in writing and state in plain language:
1. The basis for denying the amendment;
2. That the individual has the right to submit a written statement disagreeing with the denial, and may do so by
  submitting a written letter to the Privacy Officer that summarizes the amendment requested, and explains why
  the individual disagrees with the decision to deny the amendment;
3. That if the individual does not submit a statement of disagreement, he/she may request that his/her request for
  amendment and denial be provided with any future disclosures of the PHI that is the subject of the amendment
  request; and
4. That the individual has the right to file a formal complaint with MD Ally, and may appeal a denial of a requested
  amendment to PHI to the Secretary of HHS. The denial letter should explain how to file such complaints.

E. Disagreement and Rebuttal Procedure

Statement of Disagreement and Rebuttal. In the event that an individual files with MD Ally a statement of
disagreement, as he/she is entitled to do, the Privacy Officer may include a written rebuttal to the individual’s
statement of disagreement. If a rebuttal is prepared, a copy will be provided to the individual.
Appending to the Record. The Privacy Officer must identify the record of PHI and the record that is the subject of the
disputed amendment and append or otherwise link the following to the designated record set: (1) the individual’s
amendment request; (2) the denial; (3) the individual’s statement of disagreement, if any; and (4) the rebuttal, if any.
Future Disclosures. The following materials will be included with an individual’s PHI when disclosed:
1. Where Statement of Disagreement Filed. If a statement of disagreement has been submitted by the individual,
  MD Ally will include it with any subsequent disclosure of the PHI to which the disagreement relates. The material
  will be appended in accordance with Section 2 above or an accurate summary of any such information will be
  appended.
2. Where No Statement of Disagreement Filed. If the individual has not submitted a written statement of
  disagreement, MD Ally will include the individual’s request for amendment and its denial, or an accurate
  summary of such information, with any subsequent disclosure of PHI only if the individual has requested such
  action.
NOTICE OF AMENDMENT BY OTHER ENTITY. In the event that MD Ally is informed by another covered entity of an
amendment to an individual’s PHI, it will amend the PHI in designated record sets in accordance with Section 1.6(c)
above.

1.6 Documentation
Information related to any individual requests and titles of MD Ally personnel responsible for receiving and processing such
requests will be retained for six (6) years in accordance with MD Ally’s record retention policy.

Website Privacy Policy

Last updated on January 1, 2022

This privacy policy (“Policy”) describes how MD Ally and its related companies (“Company”) collect, use and share personal information of consumer users of this website, www.mdally.com (the “Site”). This Policy also applies to any of our other websites that post this Policy. This Policy does not apply to websites that post different statements.

What we Collect

We get information about you in a range of ways.

Information you Give us
We collect your‎ name, postal address, email address, phone number, fax number, username, password, demographic information (such as your gender and occupation) as well as other information you directly give us on our Site.

Information we get From Others
We may get information about you from other sources. We may add this to information we get from this Site.

Information Automatically Collected
We automatically log information about you and your computer. For example, when visiting our Site, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.

Cookies
We may log information using “cookies.” Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

Use of Personal Information

We use your personal information as follows:

We use your personal information to operate, maintain, and improve our sites, products, and services.
We use your personal information to process and deliver contest entries and rewards.
We use your personal information to respond to comments and questions and provide customer service.
We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
We use your personal information to link or combine user information with other personal information.
We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
We use your personal information to provide and deliver products and services customers request.

Sharing of Personal Information

We may share personal information as follows:

We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
We may share personal information for legal, protection, and safety purposes.
- We may share information to comply with laws.
- We may share information to respond to lawful requests and legal processes.
- We may share information to protect the rights and property of MD Ally, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
- We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
We may share information with those who need it to do work for us.

We may also share aggregated and/or anonymized data with others for their own uses.

Information Choices and Changes

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.

You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Site works for you.

Contact Information

We welcome your comments or questions about this privacy policy. You may also contact us at our address:

MD Ally
300 West 57th Street New York, NY 10019

Changes to This Privacy Policy

We may change this privacy policy. If we make any changes, we will change the Last Updated date above.

Website Terms and Conditions

Last updated on January 1, 2022

The website located at www.mdally.com (the “Site”) is a copyrighted work belonging to MD Ally (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.

These terms require the use of arbitration (Section 10.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Accounts

Account Creation
In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section.

Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to the Site

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

Certain Restrictions
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

No Support or Maintenance
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

User Content

User Content
“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable use Policy

The following terms constitute our “Acceptable Use Policy”:

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-party Links & Other Users

Third-party Links & Ads
The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Other Users
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Dispute Resolution
Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to:
300 West 57th Street New York, NY 10019. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules
Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-appearance Based Arbitration
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits
If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims not Subject to Arbitration
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within PA County, Pennsylvania, for such purpose

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information
Copyright © 2022 MD Ally. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

MD Ally
300 West 57th Street New York, NY 10019

Email: info@mdally.com

ALLYNET SOFTWARE TERMS OF USE

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use (as a “Partner”) of the website at www.allynet.mdally.com (the “Site”). The Site” is a copyrighted work belonging to MD Ally Technologies, Inc. (“MD Ally”, “Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. By accessing or using the Site, Partners are accepting these Terms (on behalf of yourself or the entity that you represent), and Partner represent and warrant that they have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).

DEFINITIONS. As used in these Terms, the following defined terms have the meanings indicated below:
“De-Identified Data” means health information that does not (1) identify, directly or indirectly, a specific patient; (2) cannot be manipulated by a reasonably foreseeable method to identify a specific patient; and (3) cannot be linked with other available information to identify a specific patient. “De-Identified Data” includes health information that meets the standard and implementation specifications for de-identification under 45 C.F.R.§ 164.514 (a) and (b).
“Documentation” means MD Ally written materials, drawings, and specifications, whether in print or electronic form, provided by MD Ally to Partner, together with all revisions and additions, as identified in, required to be delivered, or otherwise delivered from time to time by MD Ally to Partner pursuant to these Terms and duly-executed Orders.
“Software” means (i) the programs and applications consisting of machine readable logical instructions and tables of information, accessible in object code form, including those programs and applications described in any Order accepted by MD Ally under the Master Agreement, whether provided for installation and use on Partner’s systems (i.e., “on premises” software) or made available in a hosted environment (i.e., a “cloud” or “software-as-a-service” offering); (ii) all Documentation related to (i); and (iii) all updates provided by MD Ally. Software does not include Third-Party Software or any source code.
“Services” means all Software, Documentation, and other services provided by MD Ally to Partner under the Master Agreement and duly-executed Orders.
“Third-Party Software” means software not owned by MD Ally.
“Users” means those individuals for whom a Partner has purchased a License to use the Software, as described in an Order.

2. GRANT OF LICENSE
2.1 Grant. Subject to the terms and conditions of these Terms, and any applicable Order, and unless terminated according to the terms herein, MD Ally grants to Partner, and Partner accepts, a limited, revocable, non-exclusive, non-assignable and non-transferrable, non-sublicensable license for Users to access and use the Software provided or made available by MD Ally for Partner’s internal business purposes for the duration described in an applicable Order (“License”).
2.2 License Duration & Renewals. The duration of a License ordered by Partner and subsequent License Renewals shall be the same as the terms outlined in the Master Agreement.
2.3 License Restrictions.
(a) Partner may access and use the Software only as specified in an applicable Order. Partner shall be solely responsible to MD Ally for the observance and compliance with all terms and conditions of these Terms by each of its employees, contractors, service providers, agents and any other third party who has been permitted access to the Software as a result of Partner’s action or inaction, whether or not such party is actually permitted to have such access under the terms of these Terms.
(b) Partner shall not provide, license, sublicense, assign, transfer, pledge, sell, resell, distribute, rent, lease, lend, or permit access to or use of the Software to anyone other than a User as permitted herein without MD Ally’s prior written consent. Partner shall not use the Software for any timesharing or service bureau purposes or otherwise use or allow the use of the Software for the benefit of any third party (including by way of multiplexing or pooling) other than as expressly permitted by MD Ally in writing. Partner shall not generate income from any third party’s use of the Software.
(c) Partner shall not, and shall not permit any third party to, translate, decompile, disassemble, reverse engineer, modify, create derivative works of, attempt to discover any source code or underlying ideas or algorithms of, or modify the Software in any way, without the prior written consent of MD Ally.

3. TERM AND TERMINATION
3.1 Term. The Term of a License ordered by Partner and subsequent License Renewals shall be the same as the Term outlined in the Master Agreement.
3.2 Suspension. As an alternative to terminating these Terms or the Master Agreement, MD Ally shall be permitted, in its sole discretion, to suspend Licenses, access to Software, and/or the provision of any Services under any circumstances that would give rise to a right by MD Ally to terminate these Terms or the Master Agreement for cause.
3.4 Obligations Upon Expiration or Termination. Upon any expiration or termination of these Terms or the Master Agreement:
a) each Party, at the option and reasonable direction of the other Party, shall promptly return or certify deletion or destruction of all Confidential Information of the other Party in such first Party’s possession, custody, or control; and
b) Partner shall immediately cease all access to and use of the Services provided under the terminated Master Agreement, as applicable. To the extent such expiration or termination is applicable to any Software installed in an environment on Partner’s premises, Partner shall un-install and delete or destroy all copies of the Software in such environment.
3.5 Survival. Any terms of these Terms that by their nature extend beyond the date the Master Agreement ends shall survive any expiration or termination of these Terms and shall apply to the respective permitted successors and assignees of the Parties, including Sections 1 (Definitions), 3 (Term and Termination), 5 (Ownership), 6.3 (Disclaimer of Warranties), 6.4 (Responsible Use in Medical and Healthcare Settings), 7 (Limitation of Liability), and 8 (General).

4. OWNERSHIP
4.1 Ownership of Software. All right, title, and interest, including all patent rights, trademark rights, copyrights, trade secret rights, and other intellectual property rights, in and to the Software and all copies, modifications, enhancements, and derivative works of the Software vest in and belong to MD Ally and its licensors, as applicable. These Terms confers to Partner no title or ownership, nor any right not expressly stated, in the Software or any copies, modifications, enhancements, or derivative works of the Software. The structure, organization, and code of the Software are the valuable trade secrets, proprietary information, and Confidential Information of MD Ally and its licensors, as applicable. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Partner agrees it will not take any action that jeopardizes MD Ally’s proprietary rights or acquire any right in the Software, including any actions in violation of Section 3.3 (License Restrictions). Partner hereby assigns, and to the extent a present assignment cannot be made shall assign, any rights it has or may have in any modifications, enhancements, and derivative works of the Software that are made by or on behalf of Partner, whether such modifications, enhancements, and derivative works of the Software are permitted by these Terms or not. If required, Partner specifically agrees that it will obtain, at MD Ally’s reasonable request, the execution of any instrument that may be appropriate to assign these rights to MD Ally or perfect these rights in MD Ally’s name. MD Ally’s rights to modifications and enhancements of the Software are not an implied license to Partner to make any modifications or enhancements to the Software.
4.2 Partner Data. As between Partner and MD Ally, Partner shall be the sole owner of all data input into and stored in the Software by Partner, provided that Partner hereby grants to MD Ally a perpetual, irrevocable, non-exclusive, non-transferable and non-assignable (except to the extent these Terms is assignable), royalty-free license to (i) access, use, copy, and display such data for purposes of performing its obligations under these Terms and (ii) process such data to collect De-Identified Data from Partner’s data (including without limitation de-identified reports generated by the Software), which De-Identified Data MD Ally shall own, as between MD Ally and Partner. All products and services created by MD Ally using Partner’s data and De-identified Data shall be and remain the sole property of MD Ally.
4.3 Usage Data. Partner hereby grants MD Ally the right to collect and use usage data with respect to Partner’s use of Licenses, which usage data MD Ally shall own, as between MD Ally and Partner. Such usage data shall not to be disclosed to any third parties in a way that such usage data would be identifiable of Partner or any patient.

5. WARRANTIES AND DISCLAIMERS
5.1 MD Ally’s Warranties. MD Ally represents and warrants to Partner that MD Ally has sufficient right, title, and interest in the Software to grant the Licenses under these Terms. MD Ally shall have no liability to the extent that (i) Partner accesses or uses the Software in breach of these Terms or the Master Agreement or other than for the intended or licensed purpose of the Software, (ii) the Software is modified by or on behalf of Partner without the express authorization of MD Ally, (iii) the Software is accessed or used by Partner on hardware or equipment or with Third-Party Software not designated as compatible with the Software by MD Ally in applicable Documentation, not properly installed or maintained by Partner, or that malfunctions in any manner not caused by MD Ally. Partner’s sole and exclusive remedy for a breach by MD Ally of any of the foregoing warranties shall be for MD Ally, in its sole discretion, to repair or replace the affected Software or re-perform the affected Services.
5.2 Partner’s Warranties. Partner represents and warrants to MD Ally that (a) it has full power and authority to enter into the Master Agreement; (b) it has not entered into any contract or commitment which shall interfere with the performance of its obligations under these Terms; and (c) it has the right and has received all consents necessary to grant access to and use of all Partner-owned or -sourced data and software provided to MD Ally in connection with the Parties’ performance of their obligations and exercise of their rights as contemplated by these Terms.
5.3 Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5 OR IN AN APPLICABLE MASTER SERVICES AGREEMENT, MD ALLY DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, DESIGN, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MD ALLY SHALL CREATE A WARRANTY AND PARTNER MAY NOT RELY UPON SUCH INFORMATION OR ADVICE. MD ALLY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET PARTNER’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
5.4 RESPONSIBLE USE IN MEDICAL AND HEALTHCARE SETTINGS. THE PRODUCTS, SERVICES, AND LICENSES PROVIDED BY MD ALLY UNDER THIS AGREEMENT ARE INTENDED TO BE USED IN MEDICAL AND HEALTHCARE SETTINGS. WHEN USED IN SUCH SETTINGS, PARTNER AND ITS USERS ARE ULTIMATELY RESPONSIBLE FOR FOLLOWING ALL APPLICABLE MEDICAL PROTOCOLS AND POLICIES AND FOR ANY MEDICAL CARE OR HEALTHCARE SERVICES RENDERED TO PATIENTS. PARTNER AND ITS USERS ACKNOWLEDGE THAT THE PRODUCTS, SERVICES, AND LICENSES PROVIDED BY MD ALLY UNDER THIS AGREEMENT MAY PRODUCE OR REPRODUCE ERRORS OR INACCURACIES, INCLUDING WITHOUT LIMITATION REGARDING SPEECH RECOGNITION, DATA EXTRACTION AND EXTRAPOLATION, TRANSCRIPTION, AND USE OF TEMPLATES AS A BASIS FOR CUSTOM REPORTS, AND THAT PARTNER AND ITS USERS HAVE THE SOLE RESPONSIBILITY TO IDENTIFY AND ADDRESS ANY SUCH ERRORS OR INACCURACIES IN CONNECTION WITH PROVIDING MEDICAL CARE OR HEALTHCARE SERVICES. MD ALLY DISCLAIMS, AND PARTNER AND ITS USERS RELEASE MD ALLY FROM, ANY AND ALL LIABILITY RELATING TO PERSONAL INJURY, MEDICAL MALPRACTICE, ANY CLAIMS RELATING TO THE ADHERENCE OR FAILURE TO ADHERE TO APPLICABLE MEDICAL PROTOCOLS AND POLICIES, AND ANY CLAIMS RELATING TO ANY MEDICAL CARE OR HEALTHCARE SERVICES RENDERED TO PATIENTS BY PARTNER OR ITS USERS.

6. LIMITATION OF LIABILITY
6.1 AS IT RELATES TO LIMITATION OF LIABILITY, THE PRODUCTS, SERVICES, AND LICENSES PROVIDED BY MD ALLY UNDER THESE SOFTWARE LICENSE TERMS ARE SUBJECT TO THE TERMS OF THE MASTER AGREEMENT.

7. GENERAL
7.1 Government Use. The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users, as applicable, (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States.
7.2 Applicable Law. The construction, interpretation, and performance of these Terms shall be governed by and construed in accordance with the domestic laws of the State of Delaware, without regard to conflicts of laws principles. The Parties agree that under no circumstances shall the Uniform Computer Information Transactions Act (UCITA), or any version thereof, apply to these Terms.
7.3 Counterparts. The Master Agreement, its Orders, its Business Associate Agreement, and these Terms may be executed in any number of counterparts, all of which together shall constitute a single agreement.

NOTICE TO PATIENTS: OPEN PAYMENTS DATABASE

A link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided for informational purposes only. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.

You may search this federal database for payments made to physicians and teaching hospitals by visiting this website: https://openpaymentsdata.cms.gov/

CONTACT US

MD ALLY TELEHEALTH CONSENT

ASSIGNMENT OF BENEFITS

BILLING AUTHORIZATION

Notice of Privacy Practices

Last updated on January 1, 2022

Our Commitment to Your Privacy

Uses and Disclosures of PHI

Special Circumstances

Your Rights Regarding Your PHI

Individual Requests

Last updated on January 1, 2022

Website Privacy Policy

Last updated on January 1, 2022

What we Collect

Use of Personal Information

Sharing of Personal Information

Information Choices and Changes

Contact Information

Changes to This Privacy Policy

Website Terms and Conditions

Last updated on January 1, 2022

Accounts

Access to the Site

User Content

Acceptable use Policy

Third-party Links & Other Users

Disclaimers

Limitation on Liability

Copyright Policy

General

Contact Information

ALLYNET SOFTWARE TERMS OF USE

NOTICE TO PATIENTS: OPEN PAYMENTS DATABASE