These Terms & Conditions (“Terms”) govern your access to and use of the Dr. Hometown website (the “Site”). By using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1) No Medical Advice; Not for Emergencies
The Site is provided for general informational purposes only and does not provide medical advice. Use of the Site does not create a physician–patient relationship.
Do not use this Site for medical emergencies. If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency room.
2) No Physician–Patient Relationship
Submitting a form, requesting a meet and greet, sending a message, or communicating with Dr. Hometown through the Site does not establish a physician–patient relationship. A physician–patient relationship is established only after completion of applicable intake/onboarding steps and confirmation by Dr. Hometown.
3) Eligibility
You represent that you are at least 18 years old (or using the Site under the supervision of a parent/guardian) and that you have the legal capacity to enter into these Terms.
4) Services, Telehealth, and Geographic Availability
Information on the Site may describe services and membership features, but actual services, benefits, pricing, and terms are governed by the applicable patient agreement(s) and clinical policies.
Services may not be available in all locations. Any clinical services (including any telehealth services, if offered) are provided only where permitted by applicable law and professional licensure requirements.
5) Communications (Phone, Email, and SMS/Text)
A. Administrative and Scheduling Messages
If you provide your contact information, you authorize Dr. Hometown to contact you to respond to inquiries, schedule and confirm meet and greets, and provide administrative communications.
B. SMS/Text Messaging (Including Marketing)
If you provide your mobile number and opt in, you authorize Dr. Hometown (and service providers acting on our behalf) to send text messages to that number, including marketing or promotional messages, using an automatic telephone dialing system and/or prerecorded/artificial voice where permitted by law.
- Message frequency may vary.
- Message and data rates may apply.
- Consent is not a condition of purchase.
- Opt out at any time by replying STOP.
- For help, reply HELP or contact us using the information below.
You agree that text messages may be sent using third-party providers and that message delivery is subject to carrier availability.
6) Call Tracking and Call Recording
We may use call tracking numbers and related analytics to measure marketing performance and improve operations. Calls may be recorded where permitted by law and with appropriate notice. You should not share highly sensitive medical information through general phone lines unless instructed to do so through approved clinical channels.
7) Privacy
Your use of the Site is also governed by our Privacy Policy. If you become a patient, privacy of medical information may also be governed by HIPAA and related laws, as described in onboarding materials.
8) Intellectual Property
All content on the Site, including text, graphics, logos, images, and design elements, is owned by or licensed to Dr. Hometown and is protected by intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from Site content without prior written permission.
10) Third-Party Links and Tools
The Site may contain links to third-party websites or use third-party tools (e.g., analytics, advertising, scheduling, call tracking). Dr. Hometown does not control third parties and is not responsible for their content or practices.
11) Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” DR. HOMETOWN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components.
12) Limitation of Liability
To the maximum extent permitted by law, Dr. Hometown and its owners, physicians, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site.
To the maximum extent permitted by law, Dr. Hometown’s total liability for any claim related to the Site will not exceed $100.
13) Indemnification
You agree to indemnify and hold harmless Dr. Hometown and its owners, physicians, employees, contractors, and affiliates from any claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
14) Arbitration Agreement; Class Action Waiver
A. Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Site (a “Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, rather than in court, except that either party may bring a claim in small claims court if it qualifies.
The arbitration will be conducted in Florida, unless the parties agree otherwise. The arbitrator may award any relief that a court could award on an individual basis.
B. Class Action Waiver
YOU AND DR. HOMETOWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class proceeding.
C. Opt-Out
You may opt out of this arbitration provision by sending written notice to: [Insert Email or Mailing Address] within 30 days of first accepting these Terms, stating your name and your intent to opt out of arbitration. If you opt out, the class action waiver will still apply to the maximum extent permitted by law.
D. Exceptions
Nothing in this section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property or confidential information.
15) Changes to the Site and Terms
We may modify or discontinue the Site (or any part of it) at any time. We may also update these Terms from time to time. Changes are effective when posted, as reflected by the Effective Date. Your continued use of the Site after changes are posted constitutes acceptance.
16) Governing Law; Venue (If Arbitration Not Applicable)
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. If the arbitration agreement is found unenforceable for a particular claim, any dispute will be brought exclusively in the state or federal courts located in Florida, and you consent to jurisdiction and venue in those courts.
17) Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
18) Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement between you and Dr. Hometown regarding use of the Site, and supersede any prior understandings regarding the Site.
