IMPORTANT – READ CAREFULLY BEFORE USING THIS WEBSITE OR SERVICE. BY USING THIS WEBSITE OR SERVICE, YOU AGREE WITH THESE TERMS AND CONDITIONS.

MORGENSTERN MEDICAL TERMS AND CONDITIONS (Updated 12/23/14)

I. AGREEMENT

Welcome to the Telasleep.com website (the “Site”) which is operated by Dr. Morgenstern Medical PLLC (“Morgenstern Medical”, “Us”, “We”, or “Our”), a New York State (“NYS”) Professional Limited Liability Company. Morgenstern Medical is a provider of medical services including but not limited to the practice of neurology, sleep medicine and telemedicine services (“Services”), which are performed by medical professionals (“Provider(s)”). Morgenstern Medical is headquartered in West Hempstead, NY, 11552, with a primary mailing address for notice purposes of 626 RexCorp Plaza, #6785, Uniondale, NY 11556. Morgenstern Medical also operates Telasleep.com (the “Site”) which offers educational information and serves as a communication tool. None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. The Site does not provide any physician services or professional medical services, and provides information that is independent of the Services that are offered by Morgenstern Medical. Only Morgenstern Medical Providers can provide you with physician services or healthcare advice. Both “Telasleep.com” and the “Telasleep” are trademarks belonging to Morgenstern Medical. Any information or advice received from Providers comes from those Providers alone.

THE SITE AND SERVICE IS NOT INTENDED FOR, AND SHOULD NEVER BE USED FOR, EMERGENCY MEDICAL USE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911, YOUR PRIMARY CARE PHYSICIAN, OR PROCEED TO AN EMERGENCY ROOM IMMEDIATELY.

Using Our Service and our Site requires that you accept the MORGENSTERN MEDICAL TERMS AND CONDITIONS (“TAC” or the “Agreement”) in their entirety. The TAC comprise five sections, including the AGREEMENT, PRIVACY POLICY, PHI RIGHTS, INFORMED CONSENT and MISCELLANEOUS contained herein.

By checking the “I HAVE READ, UNDERSTAND AND AGREE TO THESE TAC” box, you are indicating that:

1) You agree to be bound by the TAC; and,
2) Your agreement shall remain valid until such time that a written revocation, signed by you, is received as official notice by us; and,
3) You agree that your action is intended to be and shall be sufficient to constitute an electronic signature and are bound by New York State law regarding such signatures.

If you do not agree to these TAC, you shall not use the Site or Our Services.

We are not liable for any information, software or links found at any other website, internet location, or course of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators, even if you proceed to such information from the site.

Please retain a copy of this Agreement. Morgenstern Medical, at its discretion, may periodically modify the TAC. Continued use of the Site and/or Services following notice of such changes will indicate your acknowledgment of such changes and your agreement to be bound by the TAC inclusive of such changes. The most recently updated version of the TAC is always available for your review at http://TelaSleep.com/TAC.

When you register, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Us (collectively, “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. We reserve the right to take any and all action as we deem necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall We be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information, or your release of the Account Information to a third party, to the fullest extent permitted by law. You may not use anyone else’s account at any time.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. By providing Us with your credit card number or PayPal account and associated payment information, you agree that We are authorized to invoice your account for all fees and charges due and payable hereunder and that no additional notice or consent is required. We do not guarantee that you shall receive any reimbursement from any source for the Services. Morgenstern Medical does not accept insurance for payment of its fees. You understand and agree that for Services provided, you will be responsible for the fees. Morgenstern Medical reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due, pursuant to the TAC.

Morgenstern Medical will maintain your protected health information (“PHI”), in accordance with the federal privacy and security laws called the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”. For convenience, the TAC will reference only HIPAA, though We are in compliance with all applicable laws, including HITECH.), securely in computer databases. We will enter your medical information in electronic medical records maintained by third party Business Associates as defined by HIPAA. We may also collect and store other personal and/or medical information through electronic surveys, questionnaires or other forms (collectively referred to as “Forms”) that will be reviewed by a Provider. We take reasonable security measures not limited to using encrypted and password protected databases and restricting unauthorized access of your information. However, no computer, telephone, email or database is completely secure. We will obtain patient consent prior to accessing, requesting, receiving, reviewing, or sharing any PHI with a third party including a health information exchange for purposes other than treatment, payment, health care operations, or other purposes permitted by law.

You agree that We may send you any privacy or any other notices, disclosures, or communications regarding the Services through electronic means including but not limited to: (1) email at the address that you provided to us, or (2) by posting on the Site to your Account.

Your interactions with Our Providers are not intended to replace your relationship with your primary care physician (“PCP”). You acknowledge that you already have a PCP, or will appoint a PCP within fourteen (14) days (or less if recommended by a Provider) of requesting Our Services. You agree to utilize Morgenstern Medical only as a consulting physician and/or second opinion for sleep-related complaints. Until you have a PCP, Morgenstern Medical will only accept your information and will not provide treatment suggestions nor establish a physician-patient relationship with you. Only once you have a PCP can Morgenstern Medical provide treatment and recommendations. Morgenstern Medical does not guarantee that a Provider will treat you as a patient, for example, if it is determined that your condition may not be amenable to remote treatment by a Provider.

The treatment plan, if any, will be developed in consultation with you and your PCP, following a recen physical examination by your PCP. Any such treatments may or may not include prescription medications. Medications listed as controlled substances by the U.S. Drug Enforcement Agency will not be prescribed by Providers.

Our Providers will provide reports to you and your PCP at the contact information provided to Us at the time of a consultation. It is your responsibility to ensure (i) that you provide the correct contact information including phone and fax numbers of your PCP, (ii) that you maintain and provide copies of Our reports to your PCP if you did not provide their contact information to Us at the time of consultation, and (iii) that you follow up regularly with your PCP to review the advice of Providers, to finalize your plan of care and to monitor any side effects or adverse events from treatment. You understand that failure to follow any recommendations of a Provider constitutes acting against medical advice and is at your own risk.

In using Morgenstern Medical Services and/or the Site, you may not: (1) distribute, rent, lease or sublicense all or any portion of the Site; (2) modify or prepare derivative works from the Site; (3) publicly display visual output of the Site; (4) transmit Site materials over a network, by telephone, or electronically using any means except as permitted by the TAC; (5) transmit information that contains or promotes any virus or any other computer programming or code that is designed for or intended to disrupt the operation of the Site; (6) attempt to gain unauthorized access to the Site’s data systems through hacking, password mining, or any other means; or (7) reverse engineer, decompile or disassemble, or attempt to do any of the foregoing to, the Site. You agree to use your best efforts to prevent and protect the contents of the Site from unauthorized disclosure or use.

Morgenstern Medical has the right to refuse access to the Morgenstern Medical Services to any person, agency or organization, at any time, for any reason, to the extent permitted by law. In order to use our Services, you must certify that you:

1) Are at least 18 years old;
2) Are qualified to make medical decisions related to your use of the Services;
3) Are physically located in the State of New York while interacting with a Provider;
4) Are providing complete and accurate answers to any Forms or encounters collecting medical information about you; and
5) Have a PCP or will appoint a PCP within fourteen (14) days of using Our Services unless asked to do so earlier.
6) If you have any difficulty understanding what is being requested by any Forms, it is your responsibility to contact Us for clarification.

You agree to defend, indemnify and hold harmless Morgenstern Medical (including its owners, members, agents, contractors, representatives and employees) and the Providers from any and all resulting costs, demands, damages or claims brought by you or third parties if your certification is not accurate.

You expressly agree that use of the Site or Services is at your sole risk. Both the Site and Services are provided on an “As-Is” and “As Available” basis. Morgenstern medical expressly disclaims all warranties of any kind to the fullest extent permitted by law.

You agree to defend, indemnify and hold harmless Morgenstern Medical and its owners from any claims, demands including reasonable attorneys’ fees, and any special, incidental or consequential damages or claims made by you or any party, including, without limitation, to actual, known, unknown, suspected, unsuspected, disclosed, or undisclosed damages that arise from or are in any way connected with your use of the Site or Service. You waive the provisions of any law including New York State or local law limiting or prohibiting a general release to the extent permitted by law.

II. PRIVACY POLICY

Morgenstern Medical is committed to using its best efforts to keep your personal information confidential, secure and private. Information provided to Us is not available to the public. Only Providers, or employees requiring access to your information to perform their jobs, or Business Associates are granted access. We take reasonable precautions and security measures including encryption, password protection, confidentiality agreements, business associate agreements, and other tools, to protect your information. We will not sell, share, rent, or lease your information to third parties, except as described in the TAC.

We store and transfer collected data from Forms or from encounters in electronic medical records, servers or computer databases at our location or through partnerships with third party providers.

Morgenstern Medical does not use Cookies (data files stored on the computer you use to view a website) to retrieve information not originally sent from your Cookie.

Any information (including personal information) that you share in any online community such as a comment to a blog post on TelaSleep.com is by design open to the public and is not private. You should think carefully before posting any personal information in any public forum. What you post can be seen, disclosed to, or collected by, third parties and may be used by others in ways We cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.

If you mistakenly post personal information on our Site and would like it removed, you can send us an email at [email protected] to request that we remove it or by calling us at 516-778-SLEEP. In some cases, however, we may not be able to remove your personal information.

In addition to releasing personal information as described in the TAC, we may disclose PHI (1) to comply with legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as for public health activities by authorities to control disease, research, or in response to a physical threat to you or others, to protect property or defend or assert legal rights.

III. RIGHTS RELATED TO YOUR PROTECTED HEALTH INFORMATION: You have several rights with respect to your PHI including:

1. The right to receive confidential communication of your PHI: Morgenstern Medical will keep confidential communications between Providers and you. We will accommodate reasonable requests to contact you in an alternate mode of communication or at an alternative location.

2. The right to limit disclosure of PHI: You can request limitations on some uses and disclosures of PHI for treatment, payment, health care operations or that Morgenstern Medical limit its disclosures to specific individuals involved in your health care or in payment for your care. All requests must be received by Morgenstern Medical in writing and is subject to Morgenstern Medical’s approval subject to applicable law. If approved, We will comply with your request in accordance with our TAC as stated herein.

3. The right to inspect and copy your PHI: You may submit a request in writing to inspect and copy your PHI. Morgenstern Medical may charge a fee for costs associated with the execution of your request not limited to copying, mailing and labor. If there a fee, Morgenstern Medical will notify you, to confirm your request before proceeding. Morgenstern Medical may provide a letter of denial for such a request. If a denial letter is issued, you may request a review of your denial.

4. The right to amend your PHI: You may submit a written request for amendments be made to your PHI, if you believe it to be incorrect or incomplete. You should provide supporting documentation for the proposed amendment. Morgenstern Medical may provide a letter of denial for such a request. If a denial letter is issued, you may request a review of your denial or provide a statement of disagreement that will be included in your record.

5. The right to request an accounting of disclosures: You may submit a written request for an accounting of any disclosures Morgenstern Medical has made of your PHI, excluding disclosures for payment and healthcare operations, disclosure for and/or about treatment, disclosures that were authorized and other disclosures mentioned herein in the TAC in accordance with applicable law. The request must include the start and end dates for the accounting period, which must not exceed a period of six (6) calendar years from the date of disclosure. Morgenstern Medical may charge a fee for any costs associated with the execution of your request not limited to copying, mailing and labor. If there is any associated fee, Morgenstern Medical will notify you, to confirm your request before proceeding.

6. The right to receive a copy of this notice: You can obtain a copy at any time by contacting Morgenstern Medical by phone, email or by accessing the Terms and Conditions online at http://TelaSleep.com/TAC
IV. INFORMED CONSENT

Morgenstern Medical is a provider of Services including telemedicine. Some of the advantages of telemedicine include improved access to care, efficiency of care, convenience, and affordability. However, these results cannot be guaranteed and there are also potential risks involved in telemedicine which include:

1. Equipment failures leading to delayed evaluation;
2. Failures of encryption or other security protocols leading to breaches of PHI; and/or
3. Medical errors, adverse drug interactions, allergic reactions, or negative outcomes resulting from incomplete access to medical records.

I understand the concept of telemedicine, as well as the particular electronic medium to be used, and that although there has been great progress made in technology, the Services that I receive via telemedicine may still be in the experimental stage. The nature and potential risks of telemedicine have been explained to me. I understand that there may be limitations, including electronic problems that are beyond the control of the health care providers. I am aware that there are no guarantees with telemedicine. The doctor has answered all of my questions. I understand that after the telemedicine encounter, the treatment and follow-up will remain the responsibility of my PCP. I certify that I have read and understand the TAC.

V. MISCELLANEOUS

With respect to any dispute regarding Morgenstern Medical, your rights and obligations and all actions contemplated by these TAC shall be governed by the laws of New York, as if the agreement were a contract wholly entered into and wholly performed within New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within the City of New York, New York, USA.

Any notice from us sent to you will be effective once delivered to your Site account, regardless of whether or not you actually received the delivery or if you read it.

Any notice under the TAC shall be in writing (including by electronic writings) and shall be delivered by (a) email to [email protected] to us, your email address to You, or (b) by prepaid, first class, registered or certified mail, with return receipt requested, or (c) by nationally recognized overnight carrier for next business day delivery, addressed, in each case, at the address set forth in the first paragraph of the TAC. Such notice shall be deemed to have been duly given (aa) when sent by email, or (bb) three business days after dispatch by registered or certified mail, or (cc) one business day after dispatch by nationally recognized overnight carrier. A party may change its address for the purpose of notice by giving notice in accordance with the provisions of this paragraph.

No waiver by Morgenstern Medical of any term or condition of the TAC shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of Morgenstern Medical to assert a right or provision under this TAC shall not constitute a waiver of such right or provision.

In the event that Morgenstern Medical is required to take action in order to enforce its rights under the TAC, then you shall pay the costs and expenses, including reasonable attorney’s fees, incurred in such action.

This Agreement and the practices of Morgenstern Medical will be implemented consistent with Federal, State, and local law at all times, notwithstanding anything to the contrary anywhere. If there is an inconsistency between the law and the Agreement and/or the practices of Morgenstern Medical, then the Agreement and/or said practices will be modified and implemented so as to be consistent with applicable law.

This TAC constitutes the sole agreement between you and Morgenstern Medical. If any terms of the TAC are determined to any extent to be illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

□ I have read, understand and agree to these terms and conditions.

□ I understand that the service is contingent on having a primary care provider and that if I do not currently have one, I must obtain one and provide you with his/her contact information promptly, to assist in following up and finalizing my care plan.

□ I understand that there is no guarantee that a prescription will be provided and that a recently documented physical exam might be required prior to certain prescriptions being provided.

□ I understand and agree that all of my medical care requires complete and accurate health information be readily available. To ensure I receive the best care and continuity of care, I authorize Morgenstern Medical to receive, review, release and share my private health information with my primary care physician or other physicians or agencies involved in my care.

□ I am providing my informed consent to these services.

[When you click “submit” below, you agree to use your Full Name as an electronic signature and for it to be used as the equivalent of your handwritten signature.]

Your continued use of the Site or Service constitutes your agreement to all of the TAC.