Legal
Last updated: 2025 · Applies to all platforms, websites, and applications offered by ExpertMD, LLC
ExpertMD, LLC ("ExpertMD" and/or "Company") operates the website located at https://expertmd.com and other websites and applications which refer and/or link to these Universal User Terms of Use. Company offers online virtual interview and educational appointment platform service(s) which allow consumers ("you" or "User") to interact with consultant healthcare professionals ("Consultant(s)") who provide education and information to the Users.
These Terms of Use constitute an agreement between Company and you (the User) (the "Agreement"), entered into on the date that User first views, uses, downloads, installs, or otherwise accesses (collectively, "Access," "Accessing," or "Accessing") any ExpertMD service, website or application (including but not limited to mobile, tablet, and/or desktop application(s)) (collectively, "ExpertMD Service" or "ExpertMD Services"). The Agreement is renewed (forming a new Agreement, fully incorporating any prior Agreement(s)) each time User accesses any ExpertMD Service. Each of Company and User are herein referred to individually as a "Party," or collectively as the "Parties."
By accessing any ExpertMD Service, you accept and agree to be bound by these Terms of Use, the ExpertMD Privacy Policy, and other terms that may be presented to you on the ExpertMD Service(s). If you do not accept these Terms of Use and agree to be bound by them, you are not permitted to use the ExpertMD Service(s).
ExpertMD is a marketplace and platform for healthcare professionals to offer educational and informational services only. When using ExpertMD Services, you may be connected to, and communicate with, healthcare professionals. You acknowledge and agree that any such professionals are interacting with you in a purely educational and informational capacity. You further acknowledge and agree that ExpertMD and any healthcare professionals: (i) are not practicing medicine, (ii) are not offering medical advice, (iii) are not providing medical opinions, and (iv) are not providing any other professional service for which there is any duty, standard of care, or licensing requirement. Even if you have a doctor-patient, therapist-patient, or other professional relationship with a healthcare professional outside of ExpertMD, while you are communicating with that professional via ExpertMD Service(s) they are not acting as your doctor, therapist, or otherwise providing medical advice or services, rather they are merely providing educational information as discussed in this section.
Because ExpertMD's services are defined as educational and informational, consultations may occur across state lines as well as internationally. Users are able to interact with a Consultant regardless of their geographic location.
Any writings, blog posts, advertisements, or other information published via any ExpertMD Service are purely informational and educational and not medical advice. Because we are not your doctor or therapist, if you would like healthcare services or medical advice, you should discuss any such information with your actual doctor or primary care physician.
Your agreement to this section is a material term of this Agreement.
To use most ExpertMD Service(s), you must create an account. After you have successfully created an account and are logged in to that account, you may use your account to submit confidential information through ExpertMD Service(s) for the purpose of connecting with healthcare professionals. The confidentiality and privacy of any such information you submit will be subject to the ExpertMD Privacy Policy.
There may be, now or in the future, other non-Service mechanisms provided to communicate or submit information to Company, for example "Contact Us" forms, Customer Service requests, Technical Support requests, payment or billing inquiries, or Company email addresses. Other than when you are logged into a specific ExpertMD Service with your account and providing information requested by that Service, do not provide personally identifying, confidential, or medical information via such mechanisms unless specifically instructed to do so. You acknowledge that any information you provide to ExpertMD via non-Service mechanisms may be circulated via non-secure means to individuals such as technical or customer support personnel without an obligation to maintain its confidentiality.
ExpertMD may communicate with you through various electronic means including transactional emails, mail, text messages, calendar invites, or other notifications or reminders. By signing up for ExpertMD, continuing to use ExpertMD, and/or indicating your acceptance to these terms, you consent to receive such messages universally, including on any devices that you use to access ExpertMD, and including via any telephone numbers, email addresses, or other identifiers that you provide to ExpertMD.
Even though Company is not a covered entity and is not providing healthcare services, Company will use commercially reasonable efforts to maintain the confidentiality of your information to the same standard(s) as indicated by laws applicable to covered entities, including HIPAA.
ExpertMD's Services are marketplaces and platforms to connect you with Consultants, who are healthcare professionals. Company earns its fees through providing ExpertMD Services, which are limited to helping you make an appointment with a Consultant, providing technological infrastructure to enable you to communicate with that Consultant, and handling the payments and billing for the services provided by Consultant. Interaction between you and Consultant, including any informational or educational content provided by Consultant, is the responsibility of Consultant. You acknowledge and agree that Company is not responsible for the content of any information originating with Consultant and you agree to waive any claims against Company that involve or are in any way related to any interaction or communication between you and any Consultant.
You will pay for any appointments, interviews, or other interactions with Company's Consultants through ExpertMD's Services. ExpertMD will make any necessary payments to Consultant. ExpertMD does not accept payments from insurance companies; you are personally responsible for all fees incurred through the use of the Services.
You will pay for your appointment, interview, or other interaction with Consultant at the time of ordering. If you miss an appointment with a Consultant, your money will not be refunded. If Consultant cancels or misses the appointment, you may request a refund or reschedule at your option. Any other refunds or fee adjustments are at ExpertMD's and/or Consultant's sole discretion.
You may terminate this agreement at any time by using technological means supplied on any ExpertMD Service(s). Company may suspend or terminate this agreement at any time, for any reason, by either (i) notifying you in writing (including email), or (ii) using technological means to deactivate your account access to Services. Upon termination, Company reserves the right to delete or maintain any information or communications in its possession concerning your account or provided by you. Upon termination, Company has no further obligation to you to provide any Service(s).
YOU AGREE THAT YOUR USE OF EXPERTMD SERVICE(S) IS AT YOUR OWN RISK. ALL SERVICE(S) ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE, WARRANTIES OF MERCHANTABILITY, OPERABILITY, CONDITION, ACCURACY, VALUE, OR AVAILABILITY.
Your acknowledgement and agreement to this section is a material term of this agreement.
IN NO EVENT SHALL COMPANY, CONSULTANTS, AND/OR THEIR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, ATTORNEYS OR LICENSORS, BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL COMPANY'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS OR ANY OTHER AGREEMENT WITH YOU EXCEED THE AMOUNTS PAID BY USER TO COMPANY UNDER THIS OR ANY OTHER AGREEMENT FOR THE SERVICES, DELIVERABLES OR INVENTION GIVING RISE TO SUCH LIABILITY IN THE THREE MONTHS PRECEDING THE CLAIM.
Company Service(s) may not be used by any person under the age of 18 years old. By using any ExpertMD Service, you represent and warrant that you are at least 18 years of age.
All content on ExpertMD Services, including but not limited to text, graphics, logos, images, and software, is the property of ExpertMD, LLC or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on ExpertMD Services without the express written consent of Company.
Arbitration. You agree that any and all controversies, claims, or disputes with anyone (including Company and any employee, officer, director, attorney, or member of the Company in their capacity as such or otherwise) arising out of, relating to, or resulting from your relationship with the Company or the termination of your relationship with the Company, including any breach of this Agreement, shall be subject to binding arbitration under the arbitration rules of the American Arbitration Association ("AAA") and pursuant to Virginia law. You further understand that this Agreement to arbitrate also applies to any disputes that the Company may have with You. Company shall have the right, in its sole discretion, to waive arbitration and instead hear disputes in the ordinary court system.
Procedure. You agree that any arbitration will be administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. You agree that the arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss, prior to any arbitration hearing. You agree that the arbitrator shall issue a written decision on the merits. You also agree that the arbitrator shall have the power to award any remedies, including attorneys' fees and costs, available under applicable law. The arbitrator shall apply substantive and procedural Virginia law to any dispute or claim.
Remedy. Except as provided by the Rules, arbitration shall be the sole, exclusive and final remedy for any dispute between You and the Company. Accordingly, except as provided for by the Rules or this Agreement, neither You nor the Company will be permitted to pursue court action regarding claims that are subject to arbitration.
Availability of Injunctive Relief. Either party may petition the court for injunctive relief where either party alleges or claims a violation of any agreement regarding trade secrets, confidential information, or a breach of any restrictive covenant. In the event either party seeks injunctive relief, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees.
Voluntary Nature of Agreement. You acknowledge and agree that you are accepting this Agreement voluntarily and without any duress or undue influence by the Company or anyone else. You further acknowledge and agree that you have carefully read this Agreement and that you have asked any questions needed for you to understand the terms, consequences and binding effect of this Agreement and fully understand it, including that you are waiving your right to a jury trial.
Governing Law; Consent to Personal Jurisdiction. This Agreement shall be governed by the laws of the Commonwealth of Virginia, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under this Agreement, the Parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Virginia.
Assignability. This Agreement will be binding upon Your heirs, executors, assigns, administrators, and other legal representatives, and will be for the benefit of the Company, its successors, and its assigns. There are no intended third-party beneficiaries to this Agreement, except as expressly stated. Except as may otherwise be provided in this Agreement, you may not sell, assign or delegate any rights or obligations under this Agreement. Notwithstanding anything to the contrary herein, Company may assign this Agreement and its rights and obligations under this Agreement to any successor to all or substantially all of Company's relevant assets, whether by merger, consolidation, reorganization, reincorporation, sale of assets or membership interests, change of control or otherwise.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter herein and supersedes all prior written and oral agreements, discussions, or representations between the Parties.
Severability. If a court or other body of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force and effect.
Modification, Waiver. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in a writing signed by the Parties. Waiver by the Company of a breach of any provision of this Agreement will not operate as a waiver of any other or subsequent breach.
Attorneys' Fees. In any court action at law or equity that is brought by one of the Parties to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing Party will be entitled to reasonable attorneys' fees, in addition to any other relief to which that Party may be entitled.
Acceptance. This Agreement is offered by Company by providing its text to You (User) via any of its website(s) or application(s), and accepted by You by Your logging into, or continued use of, Company's website(s), application(s), or service(s).
Questions? Contact us at legal@expertmd.health