Blue Sky MD Health's Terms & Conditions

Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the Blue Sky MD Health website located at blueskymdhealth.com, its subdomains, and any associated web-based or mobile applications (collectively, the “Site”), owned and operated by LaMond Family Medicine, PLLC d/b/a Blue Sky MD Health (“Blue Sky MD,” “we,” “us,” or “our”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site. These Terms supplement and should be read together with our Privacy Policy.

1. Eligibility

You must be at least 18 years old, or the age of majority in your state of residence, to use this Site or to schedule services on behalf of yourself or a minor for whom you are a parent or legal guardian.

2. No Doctor-Patient Relationship Formed via the Site

Use of this Site, including submitting a contact form or scheduling request, does not by itself create a doctor-patient relationship between you and Blue Sky MD Health or any of its providers. A doctor-patient relationship is established only after you have completed appropriate intake, consent, and scheduling processes through our clinical team or our scheduling platform.

3. Medical Disclaimer

The content on this Site, including blog articles, service descriptions, and any other educational material is provided for general informational purposes only. It is not intended to be, and should not be taken as, medical advice, diagnosis, or treatment. Always seek the advice of a qualified physician or other health provider with any questions you may have regarding a medical condition, medication, or treatment, and before starting, stopping, or changing any course of treatment.

If you are experiencing a medical emergency, call 911 or go to your nearest emergency room immediately. Do not rely on this Site for emergency medical needs.

4. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Site in any way that violates applicable federal, state, or local law;
Attempt to gain unauthorized access to any portion of the Site, other accounts, or connected systems;
Introduce viruses, malware, or other harmful code;
Scrape, data-mine, or use automated means to access the Site without our prior written consent;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
Submit false or misleading information through any form on the Site.

We reserve the right to restrict or terminate your access to the Site at our discretion if we believe you have violated these Terms.

5. Forms and Submitted Information

Any information you submit through a contact form or similar tool on the Site is used as described in our Privacy Policy. These tools are intended to help route your inquiry and provide general information — they are not diagnostic tools and do not replace a clinical evaluation by a licensed provider.

6. Third-Party Platforms and Links

The Site may link to or integrate with third-party platforms, including our scheduling platform (Luma Health) and other service providers, including Intercom. Blue Sky MD Health does not control and is not responsible for the content, privacy practices, or terms of use of third-party websites or platforms. Your use of any third-party platform is governed by that platform’s own terms and privacy policy.

7. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of Blue Sky MD Health / LaMond Family Medicine, PLLC or its licensors, and is protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written permission, except for personal, non-commercial use.

8. SMS Data Collection, Use, and Sharing

This section describes specifically what phone and consent data we collect for SMS messaging, how we use it, and who we share it with.

What we collect. When you opt in to SMS communications, through a web form, the scheduling process, a membership or patient agreement, or by texting us directly, we collect: your mobile phone number, your name (if provided alongside the number), the date, time, and method of your opt-in (e.g., form submission, checkbox, verbal consent recorded in your chart), and the content and timestamps of SMS messages exchanged with you.

How we use it. We use your phone number and consent record solely to:

Send appointment reminders, confirmations, and rescheduling notices;
Send care coordination and follow-up messages related to your treatment;
Send membership and account-related communications;
Send practice updates and, where you have separately consented, promotional messages about services or offers;
Respond to inbound texts you send us;
Maintain a record of your consent and opt-out status for compliance purposes.

We do not use your phone number for any purpose beyond what you consented to at the time of opt-in.

We do not sell, rent, or share your phone number or SMS consent data with third parties for their own marketing or advertising purposes. Your phone number and related SMS data are shared only with:

SMS platform/messaging service providers we use to deliver text messages (acting solely as our service processors, under contract, and prohibited from using your data for their own purposes);
Our scheduling and practice management systems, where needed to coordinate your appointment;
Third parties when required by law, subpoena, or court order, or to protect the safety of a patient or the public.

No mobile opt-in data is shared with or sold to any third party for their own marketing purposes, under any circumstances.

Consent and opt-out. SMS consent is not a condition of receiving care or purchasing any service. You may opt out at any time by replying STOP to any message; you may reply HELP for assistance. Message and data rates may apply, and message frequency varies based on your care needs and preferences.

9. Disclaimer of Warranties

The Site is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Blue Sky MD Health does not warrant that the Site will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

To the fullest extent permitted by law, Blue Sky MD Health, its owners, officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or related to your use of, or inability to use, the Site — even if we have been advised of the possibility of such damages. Nothing in these Terms is intended to limit liability for the professional medical services provided directly to patients, which are governed separately by applicable clinical consent forms and agreements.

11. Indemnification

You agree to indemnify and hold harmless Blue Sky MD Health, LaMond Family Medicine, PLLC, and their respective owners, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Site or your violation of these Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of such courts.

13. Changes to These Terms

We reserve the right, at our sole discretion, to modify or update these Terms at any time. Changes are effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.