Starks Medical, PLLC does not provide any physicians’ or other providers’ services itself. All providers are independent of Starks Medical, PLLC and use the Service as a way to communicate with you. Any information or advice received from a provider comes from them only, and not from Starks Medical, PLLC. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Starks Medical, PLLC, nor any of its affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website. Starks Medical, PLLC does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use Starks Medical, PLLC to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
Starks Medical, PLLC does not make any representations or warranties about the skill or training of any healthcare providers who provide services via the Service. You may be provided with a list of available providers located in your location if you request in writing. You are ultimately responsible for choosing your own healthcare provider.
If you are experiencing a medical emergency, you should call 911 or go to your nearest Emergency Department.
1. Ownership of The Site And Related Materials
All pages within this Site and any material made available for download are the property of Starks Medical, PLLC, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
2. Electronic Communications
When you use any Starks Medical, PLLC Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Messaging related information:
1. When you opt-in to the service, we may send you SMS messages.
2. You can cancel the SMS service at any time by replying “STOP”. After you send the SMS message “STOP” to us, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. Message and data rates may apply for any messages sent to you from us and to us from you. You may receive varied frequency of messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
3. Site Access, Security, and Restrictions
If you create a subscriber account for the Starks Medical, PLLC Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Starks Medical, PLLC. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Starks Medical, PLLC or created by you. You agree that you are fully responsible for all activity occurring under your user ID so you must protect it. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by Starks Medical, PLLC at any time with or without cause.
Use any bot, spider, scraper, crawler, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site is strictly prohibited.
Violations of network or system security may result in civil or criminal liability. Starks Medical, PLLC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any routine, software or device to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
4. Disclaimer of Warranties
Starks Medical, PLLC does not warrant that use of or access to the site will be without errors, glitches, problems, or be uninterrupted. Defects and glitches in the site may not be corrected. This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no warranties or representations of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, quality of information, title/non-infringement, quite enjoyment, and fitness for a particular purpose. Starks Medical, PLLC does not warrant the timeliness, accuracy, or completeness of the information obtained through the site.
You assume all risk and total responsibility for your use of this site, site-related services, and any linked websites even those of third parties. Starks Medical, PLLC does not guarantee or warrant that files available for download will be free of viruses, trojan horses, worms, or other destructive programming. You are responsible for implementing procedures good enough to satisfy your needs for data back up and security.
5. Integrity and Accuracy of Information
Starks Medical, PLLC attempts to ensure the integrity and accurateness of the Site, however, it makes no warranties, representations, or guarantees whatsoever as to the accuracy or correctness of the Site and Content thereon. The Site could possibly include typographical errors, inaccuracies or other errors. Also, unauthorized additions, deletions, and alterations could be made to the Site by third parties. Please inform Starks Medical, PLLC of any inaccuracies so that they can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Starks Medical, PLLC shall have no responsibility or liability for information or Content posted to the Site from any non-Starks Medical, PLLC affiliated third party.
6. Access and License
The Contents of the Site, including but not limited to the text, documents, files, photographs, audio, images, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, modified, published, distributed, reproduced, or used, in whole or in part, unless authorized or approved in writing by Starks Medical, PLLC. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, logo, service marks, trademarks, Content or other proprietary information (including; images, text, page layout, or form) of Starks Medical, PLLC without our express written consent.
7. Links to Other Sites
Starks Medical, PLLC makes no representations whatsoever about any other website that you might access through or is referenced on this Site. When you access a non-Starks Medical, PLLC site, please understand that it is independent from Starks Medical, PLLC, and that Starks Medical, PLLC has no control over the Content on that or other websites. In addition, a link to a non-Starks Medical, PLLC website does not mean that Starks Medical, PLLC endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, Trojan horses, worms, and other items of a technological destructive nature. If you choose to access any of the third party sites linked to this Site, you do this entirely at your own risk.
8. No Medical Advice or Services
Starks Medical, PLLC provides no medical advice or clinical services. Starks Medical, PLLC is an independent, physician-owned medical group who provides physicians who contact customers through the platform.
The content of the site and the services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Starks Medical, PLLC including but not limited to communications with Starks Medical, PLLC medical experts is intended to be for general informational purposes only and is in no way intended to create a physician-patient relationship as defined by state and federal law. The site and services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the site, whether provided by Starks Medical, PLLC, its content providers, medical experts, clients, visitors to the site or others, is solely at your own risk. While Starks Medical, PLLC facilitates your selection of, communications with and other interactions with physicians, Starks Medical, PLLC does not provide medical services and the doctor-patient relationship is between you and the healthcare provider you select. All healthcare providers identified or accessible on the site are independent providers and are not employed by or affiliated with Starks Medical, PLLC.
9. Protected Health Information
Starks Medical, PLLC manages patient’s information in strict compliance with HIPAA Rules/Laws and U.S. Department of Health and Human Services (HSS).
Starks Medical, PLLC will not disclose or use any patient’s information that is prohibited by law or in any way not covered in this policy.
Starks Medical, PLLC secures all patient's information in order to prevent unauthorized disclosure or use, including implementing requirements of the HIPAA Rules.
Starks Medical, PLLC will inform patients of any breaches of protected information that are not covered in accordance with the Code of Federal Regulations 45 CFR Part 164 Subpart D.
Starks Medical, PLLC will ensure that any subcontractors that have access to patient's information will agree and adhere to the same restrictions and conditions that apply to Starks Medical, PLLC with respect to that information.
Starks Medical, PLLC will carry out patient’s obligation under the HIPAA Rules that require Starks Medical, PLLC to comply with the requirements applicable to the obligation.
Starks Medical, PLLC will make available to the Department of Health and Human Services (HHS) our internal practices, books, and records relating to the use and disclosure of Protected Health Information (PHI) received from, created, or received by Starks Medical, PLLC on behalf of patients, for purposes of Department of Health and Human Services (HHS) determining patient compliance with the HIPAA Rules.
You are responsible for providing Starks Medical, PLLC only the minimum Personal Information and Organization Information necessary to accomplish the Service.
You are responsible for using administrative, physical, and technical safeguards at all times to maintain and ensure the confidentiality, privacy, and security of information transmitted to Starks Medical, PLLC, in accordance with the standards and requirements of HIPAA Rules.
You must obtain any consent or authorization that may be required by local and national laws and regulations prior to furnishing Starks Medical, PLLC the information for use and disclosure in accordance with this Agreement.
You cannot request Starks Medical, PLLC to use or disclose Information in any manner that would violate the Code of Federal Regulations 45 CFR Part 164 subpart E.
You agree to notify Starks Medical, PLLC of:
-any limitations in your notice of privacy practices under 45 CFR 164.520, to the extent that such limitation may affect our disclosure or use of protected health information.
-any changes in, or revocation of, permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect our use or disclosure of protected health information.
-any restriction on the use or disclosure of protected health information that you have agreed to or are required to abide by under 45 CFR 164.522, to the extent that such restriction may affect our use or disclosure of protected health information.
10. Your Health Information Rights
The health and billing records we maintain are the physical property of the facility. The information in it, however, belongs to the patient. You as the patient have the right to:
• Request a restriction on certain disclosures and uses of your health information by delivering the request in writing. Agreement to the request is not required or automatically granted;
• Obtain a paper copy of the current Notice of Privacy Practices for Protected Health Information (“Notice”) by making a request;
• Request that you be allowed to inspect and copy your health record and billing record. You may exercise this right by requesting in writing;
• Appeal any denial of access to your protected health information, except in certain circumstances;
• Request that your health care record be amended to correct incomplete or incorrect information by delivering a formal request in writing. We may deny your request if you ask to amend information that: Was not created by the facility, unless the person or entity that created the information is no longer available to make an amendment; Is not part of the health information kept by or for the facility; Is accurate and complete; Is not part of the information that you would be permitted to inspect or copy. If your request is denied, you will be informed of the reason for the denial and will have an opportunity to submit a statement of disagreement to be attached and kept with your records;
• Request that communication of your health information be made by alternative means or at an alternative location by delivering the request in writing;
• Obtain an accounting of certain disclosures of your health information that we are required to maintain by delivering a request in writing. An accounting will not include uses and disclosures of information for treatment, payment, or operations; disclosures or uses made to you or made at your request; uses or disclosures made pursuant to an authorization signed by you; uses or disclosures made in a facility directory or to family members or friends relevant to that person’s involvement in your care or payment for such care; or, uses or disclosures to notify family or others responsible for your care of your location, condition, or your death;
• Revoke authorizations that you made previously to use or disclose information by delivering a written revocation to our office, except to the extent information or action has already been taken.
You have the right to request Information or file a complaint. If you have questions, would like additional information, want to report a problem regarding the handling of your information, or want to exercise any of your rights as outlined in this Notice, you may contact us by message or email which can be accessed from home page of the Site.
If you request it, we will provide further information to you regarding how to exercise your rights. Additionally, if you believe your privacy rights have been violated, you may file a written complaint by message or email.
11. Force Majeure
12. User Information
If you upload, submit, transmit, or post any files, health information, medical history, symptoms, conditions, suggestions, problems, ideas, audio, videos, personal information, consent forms, agreements, requests, comments, information, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that: is false, inaccurate, unlawful, libelous, abusive, defamatory, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; violates or infringes the trademark, copyright, privacy, trade dress, trade secrets or intellectual property rights of any person or entity; or contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Starks Medical, PLLC and its Providers that you have the legal right and authorization to provide all User Information to Starks Medical, PLLC and its Providers for use as set forth herein and required by Starks Medical, PLLC and the Provider.
14. Limitation of Liability Regarding Use of Site
Starks Medical, PLLC and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, consequential, incidental, punitive, exemplary, special, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related services, information or content contained within the site, and/or any linked website, whether based on warranty, tort contract, or any other legal theory and whether or not advised of the possibility of such damages. Your only solution for displeasure with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Starks Medical, PLLC to you with respect to your use of this site is $1000 (one thousand dollars).
15. Dispute Resolution
Starks Medical, PLLC will attempt to resolve any issue you have with Site, in good faith, including services ordered or purchased through the Site, if you bring that issue to the attention of Starks Medical, PLLC. There might be cases where we might not be able to resolve an issue to a customer’s complete satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any access or use of the Site, the Services or any other Starks Medical, PLLC site will be governed by the laws of the State of Texas, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any controversies or claims arising out of this Agreement, and/or the related use and access of the Site, the Services or any other Starks Medical, PLLC site, shall be exclusively in the state courts of Smith County in Tyler, Texas.
16. Claims of Copyright Infringement
We claim no liability or responsibility for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that infringes on a copyright, please contact Starks Medical, PLLC. Starks Medical, PLLC respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), Starks Medical, PLLC will respond promptly to notices of alleged infringement that are reported.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site directly to Starks Medical, PLLC. You may do so by sending a notice (“Notice”) including: your name, phone, email, title, company along with identification of the copyrighted works, material or link the claim is infringing on to Starks Medical, PLLC.
17. Right to Modify Revisions