Terms & Conditions

1) Who We Are and What These Terms Cover

These Terms of Use (“Terms”) are a legal agreement between you and Medically Modern Inc. (“Medically Modern,” “we,” “us,” or “our”) governing your access to and use of our websites, patient portal, content, forms, messaging tools, and related services (collectively, the “Services”).

Medically Modern provides home-delivery diabetes supplies (including Continuous Glucose Monitoring systems and insulin pump supplies) and related customer support and education. We are not a medical group, physician practice, or pharmacy, and we do not provide medical care. See Section 6 (No Medical Advice).

By accessing or using the Services, you agree to these Terms and to our Privacy Policy and any notices or policies referenced herein (together, the “Agreement”).

2) Eligibility & Accounts

You agree to provide accurate, current, and complete information when creating an account or submitting forms, and to keep it updated.
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
If you use the Services on behalf of another person (e.g., a minor child, dependent, or patient), you represent and warrant that you have the legal authority to do so and to provide any required consents and authorizations on their behalf.

3) Acceptable Use

You agree not to:

Use the Services for unlawful, harmful, fraudulent, or misleading activities.
Interfere with or disrupt the Services, circumvent access controls, or introduce malware.
Scrape, crawl, or use automated means without our prior written permission.
Misrepresent your identity, insurance, or clinical information.

We may monitor and enforce compliance and may suspend or terminate access for violations.

4) Orders, Insurance, and Billing (DME Supplies)

Prescription & Eligibility. Many products require a valid prescription and clinical documentation. You authorize us to contact your providers to obtain required documentation (e.g., chart notes, diagnosis codes, etc.).

No Guarantee of Coverage. We help verify benefits, but insurance coverage is determined by your plan. You are responsible for any co-pays, co-insurance, deductibles, non-covered items, or denials.

Assignment & Release. Where permitted, you assign insurance benefits to us and authorize us to submit claims and release necessary information to payers for claim processing and operations.

Recurring / Reorder Confirmations. For recurring shipments (e.g., 30- or 90-day supplies), we require an affirmative confirmation each cycle where legally required before we ship. Options may include “Confirm,” “Delay 15 Days,” or “Delay 30 Days.” If you do not confirm, we may hold the order until we hear from you.

Returns & Exchanges. For safety and regulatory reasons, opened medical products and prescription items generally cannot be returned. Unopened items may be returnable if allowed by law, payer rules, and our then-current policy. Manufacturer warranty issues may be handled directly with the manufacturer.

Shipping & Risk of Loss. Title and risk of loss transfer upon delivery to your address or carrier handoff where permitted by law. We are not responsible for delays outside our control (e.g., carrier, weather, disasters).

5) Provider and Partner Use

If you use the Services on behalf of a clinic or as a referring provider, you represent that you have authority to do so and will use patient information only as authorized by law and your policies. You agree not to upload or share PHI unless you have the proper permissions.

6) No Medical Advice; Emergency Disclaimer

Informational Only. Content on the Services (including articles, FAQs, messages, or educational materials) is for informational purposes and is not medical advice. It does not replace professional diagnosis or treatment.

No Provider-Patient Relationship. Using the Services does not create a provider-patient relationship with Medically Modern. Discuss treatment decisions with your licensed clinician.

Emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department.

7) Privacy, HIPAA & Data

Your use of the Services is also governed by our Privacy Policy and, where applicable, our HIPAA Notice of Privacy Practices. By using the Services, you consent to the collection, use, and disclosure of information as described in those notices.

8) Communications Consent (Calls, Texts, Email)

Consent to Contact. By providing your phone number or email, you consent to receive communications from us (including SMS/texts, calls, and emails) about onboarding, documentation, order confirmations, benefits verification, and support. Message and data rates may apply; message frequency varies.

Opt-Out. You can opt out of non-essential texts at any time by replying STOP; you may still receive critical account, order, or compliance messages.

Recording & Quality. We may monitor or record calls for quality and training where permitted by law.

9) Electronic Signatures & Records

By interacting with forms, checkboxes, and e-signature flows on the Services, you agree to receive and sign documents electronically (E-SIGN). You can request paper records at the contact information provided above.

10) Intellectual Property & Trademarks

The Services (including text, graphics, logos, and software) are owned by Medically Modern or its licensors and are protected by intellectual property laws. Dexcom, FreeStyle Libre, Tandem, and other brand names/logos are the property of their respective owners and are used for identification only.

11) Third-Party Links & Tools

The Services may link to third-party sites, patient portals, or payment providers. We are not responsible for third-party content, products, or practices. Your use of third-party services is governed by their terms and privacy policies.

12) Disclaimers

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free.

13) Limitation of Liability

To the fullest extent permitted by law, Medically Modern and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses arising from or related to your use of the Services. Our total liability for any claim will not exceed the greater of (a) $100 or (b) the amounts you paid to us for the product or service giving rise to the claim in the 6 months before the event.

14) Indemnification

You agree to defend, indemnify, and hold harmless Medically Modern from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of the Agreement; (c) your violation of law; or (d) your infringement or misappropriation of any rights.

15) Changes to the Services or These Terms

We may update the Services and these Terms from time to time. Changes are effective when posted. Your continued use after changes become effective constitutes acceptance.

16) Suspension or Termination

We may suspend or terminate your access to the Services at any time for any reason, including suspected violations of these Terms. Upon termination, the rights granted to you will cease immediately.

17) Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles. You agree to exclusive jurisdiction and venue in the state or federal courts located in New York County, New York, unless a separate written agreement with us provides otherwise.

18) Export & Geographic Restrictions

We operate the Services from the United States and make no representation that they are appropriate or available in other locations. You may not use the Services in violation of U.S. export laws and regulations.

19) Severability; Waiver

If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver.

20) Entire Agreement

These Terms, plus the Privacy Policy and any other referenced policies, constitute the entire agreement between you and Medically Modern regarding the Services and supersede prior or contemporaneous agreements on the subject matter.

21) How to Contact Us

Phone: (347) 503-7089
Email: information@medicallymodern.com
Mailing Address: 2093 Wantagh Avenue, Wantagh, NY, 11793