Hint: This is a yes/no question and the answer is “yes” (you had a 50% chance of getting it right. Read on!)
This can be especially important if you’re a healthcare startup.
For example, let’s say you’re an MSO (management services organization) that contracts with physicians for the medical doctors to provide services to patients such as:
- telemedicine / telehealth (telepsychology, teledermatology, teleradiology….)
- mobile health services
- medical marijuana recommendations
- house calls
- Introduction – define your company, define the customer, define Website Content, and other key definition
- Acceptance – by using the website, the customer accepts the TOU
- Eligibility – define who can use the website and for what purposes
- Other general provisions – various provisions defining legal obligations
- Termination – your company can terminate for violations
Next comes the important Disclaimer section.
For example, as a healthcare startup:
- Disclaim the practice of medicine and assert that you’re only providing education and information online.
- Similarly, disclaim the practice of psychology (or any other relevant healthcare profession, such as chiropractic or psychology).
- Note that information about dietary supplements (if applicable) is not approved by FDA and is not intended to diagnose, treat, cure, or prevent any disease.
- Direct a user who is in acute distress to an emergency room or crisis help hotline.
Other Important Caveats
Other important caveats and disclaimers include:
- A disclaimer that you are not providing a guarantee or warranty of results
- A disclaimer with respect to services provided by third parties who may have a profile or advertising on your website
- A disclaimer of liability for negligent credentialing
Even if such language might ultimately be unsuccessful as a barrier between you and liability, it can be strategically useful, including as a deterrent.
Also, for risk management, consider:
- Limitation of liability
- An assumption of risk and indemnification
- An arbitration clause
and various other bells and whistles applicable to your situation.