Policies
Terms of Use
On this page
Who we are. EliteUSMD, Inc. (“EliteUSMD,” “we,” “us,” “our,” or the “Company”) is a physician-owned professional medical entity. EliteUSMD holds all physician and provider relationships and is responsible for clinical oversight and for the Good Faith Examinations performed through our network.
Health Covers Inc. is a separate management services organization that provides administrative, credentialing, technology, and billing services to EliteUSMD. Health Covers Inc. does not practice medicine, does not provide medical advice, and does not control clinical decision-making. All clinical decisions are made by licensed providers exercising independent professional judgment.
These Terms of Use (“Terms”) govern your access to and use of our websites, platform, and services (the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Eligibility and accounts
You must be at least 18 years old and able to form a binding contract. If you use the Services on behalf of a clinic or business, you represent that you are authorized to bind that entity, and “you” refers to that entity.
You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity under your account. Notify us immediately of any unauthorized use.
What the Services are, and what they are not
EliteUSMD facilitates clinical services. It does not replace your judgment or your obligations.
Good Faith Examinations are performed by licensed healthcare providers who exercise independent professional judgment. A provider may decline to clear a patient. A completed examination does not guarantee that any treatment will be provided.
Nothing on the Services constitutes legal advice. EliteUSMD and Health Covers Inc. are not law firms. Information about state requirements is general, may not be current, and is not a substitute for advice from a licensed attorney in your jurisdiction.
Clinics remain solely responsible for their own licensure, scope of practice, staffing, regulatory compliance, recordkeeping, insurance, and clinical care.
Clinic obligations
If you are a clinic using the Services, you agree to:
- Provide accurate information about the treatments a patient is receiving. The examination is generated from that information; an inaccurate treatment selection produces an inaccurate examination.
- Obtain patient consent before entering a patient's contact information into the platform.
- Not proceed with treatment where a provider has declined to clear the patient.
- Not alter, forge, or misrepresent an examination record.
- Maintain your own licensure, insurance, and compliance obligations.
- Use the Services only for patients physically located in a state where the evaluating provider is licensed.
Acceptable use
You may not:
- Access the Services by any means other than the interfaces we provide
- Reverse engineer, decompile, scrape, or attempt to extract source code or data
- Interfere with, disrupt, or overload the Services
- Circumvent security or access controls
- Use the Services to violate any law or to infringe any third party's rights
- Share account credentials or resell access without our written consent
- Download, copy, or redistribute examination recordings other than as permitted for legitimate medical record purposes
Intellectual property
The Services, including the platform, question logic, clinical taxonomies, software, text, graphics, and trademarks, are owned by EliteUSMD, Inc. or its licensors and are protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Services for their intended purpose. All other rights are reserved.
Medical records generated through the Services belong to the patient and the treating clinic as provided by applicable law. This section does not claim ownership of patient records.
Feedback
If you send us suggestions or feedback about the Services, you grant us a non-exclusive, royalty-free, perpetual license to use it to improve the Services. You are not obligated to send feedback, and we are not obligated to act on it or keep it confidential.
Third-party services and links
The Services may link to or integrate with third-party services. We are not responsible for third-party content, terms, or privacy practices. Your use of a third-party service is governed by that party’s terms.
Suspension and termination
You may stop using the Services at any time. The program is month to month; see the Purchase Terms.
We may suspend or terminate access, with or without notice, if you breach these Terms, if we reasonably believe your use creates a risk of harm to patients or to us, or if required by law. Where safe and lawful, we will give notice first.
On termination, you retain the right to obtain medical records generated for your patients as required by law.
Disclaimers
Except as expressly stated, the Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or that they will meet every requirement of every state in which you operate.
Nothing in this section limits liability for the professional acts of licensed providers, which are governed by applicable medical malpractice law and are not disclaimed here.
Limitation of liability
To the fullest extent permitted by law, and except with respect to the professional liability of licensed providers, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data.
Our aggregate liability arising out of or relating to the Services is limited to the amounts you paid to us in the twelve months preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations. In those jurisdictions, our liability is limited to the greatest extent permitted.
Indemnification
You agree to indemnify and hold harmless EliteUSMD, Inc., Health Covers Inc., and their officers, directors, and personnel from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of law, your clinical decisions, or your treatment of a patient who was not cleared.
Disputes
Informal resolution first. Before filing any claim, you agree to contact us at info@eliteusmd.com and attempt in good faith to resolve the dispute for at least 45 days.
If the dispute is not resolved, the parties agree to mediation before a mutually agreed mediator in California before commencing any other proceeding.
These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Any action not subject to mediation or arbitration will be brought in the state or federal courts located in Los Angeles County, California.
Whether to include a binding arbitration clause and a class action waiver here is a business decision with real trade-offs. This section currently provides for mediation and California courts. Confirm before publishing.
Changes to these Terms
We may update these Terms. Material changes will be posted here with a revised effective date. Continued use after the effective date means you accept the updated Terms.
- Email info@eliteusmd.com