DocCare 247 Terms & Conditions
Last Updated on June 8, 2020
Effective Date: June 9, 2020
CONSUMER FRIENDLY LINKED INDEX OF PROVISIONS
DOCCARE247 TERMS & CONDITIONS
IF THIS IS A MEDICAL EMERGENCY DIAL 911 IMMEDIATELY FOR ASSISTANCE.
Carefully read the terms and conditions of this Agreement before clicking that you agree. Clicking “I agree” or using one or more of our websites indicates your acceptance of these terms and conditions. If you do not agree with the terms and conditions of this Agreement, promptly close this page and do not proceed with use of or subscription to the DocCare247service. Notwithstanding the foregoing, you accept the terms and conditions of this Agreement when you do any of the following: (1) accept the terms and conditions of the Agreement through any printed, oral, or electronic statement, including on the web by electronically marking that you have reviewed and accepted; (2) attempt to or in any way use or subscribe to the DocCare247service; (3) pay for the DocCare247service or a subscription to the DocCare247service (whether you pay directly or someone else pays on your behalf); or (4) open any package or start any program that says you are accepting the terms and conditions of this Agreement by doing so. If you don’t want to accept the terms and conditions of this Agreement, don’t do any of these things.
Value Benefits LLC, on its own behalf and on behalf of its affiliates (collectively referred to as "DocCare247", "we", "us", or "our"), makes certain telehealth related information available to you and/or facilitates your access to telemedicine and related services under the brand name DocCare247 ("DocCare247 Services"). DocCare247 owns and operates (i) various publicly available websites, including without limitation, www.DocCare247.com (collectively, "Websites") and (ii) various web-based and mobile applications that may require you to create an account in order to use a DocCare247 Service (collectively, "Platforms").
DocCare247 is not an insurance provider, nor are we a prescription fulfillment warehouse. DocCare247's role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services delivered by the Provider Managers and their Providers. DocCare247 is independent from the healthcare Providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare Providers' acts, omissions or for any content of the communications made by them. DocCare247 is a technology and marketing company, and does not engage in the practice of medicine, nor does it perform healthcare services, nor does it write or deliver prescriptions.
In using the Websites and Platforms, you agree not to:
• Send or otherwise transmit to or through the Websites and Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
• Misrepresent your identity or affiliation in any way;
• Restrict or inhibit any person from using the Websites and Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms;
• Reverse engineer, disassemble or decompile any section or technology on the Websites and Platforms, or attempt to do any of the foregoing;
• Gain unauthorized access to the Websites and Platforms, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms;
• Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through the Websites and Platforms chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Violate any applicable laws or regulations in any way;
• Alter or modify any part of the content or services offered on or through the Websites and Platforms;
• Allow any other person to use the Platforms with your registration or login information;
• Breach or otherwise circumvent DocCare247's security or authentication measures; and
• Assist or permit any persons in engaging in any of the activities described above.
The Websites and Platforms are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 18. DocCare247 does not seek through the Websites or Platforms to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
DocCare247 may in its sole discretion, with prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, DocCare247 will update the Effective Date noted above. The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.
You may access and use the Platforms via remote access connectivity. DocCare247 grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platforms in accordance with these Terms and Conditions. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Platforms and you must not disclose this information to anyone. You must immediately notify DocCare247 of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by email to Help@DocCare247.com.
PRIVACY AND SECURITY; DISCLOSURE
If you become a free or paying customer of the DocCare247 Service, you agree that DocCare247can disclose the fact that you are a free or paying customer of the DocCare247 Service. DocCare247may also use your personal information to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any communication we send.
Because the DocCare247 Service is a hosted, online application, DocCare247occasionally may need to notify all users of the DocCare247 Service (whether or not they have opted out of email communications) of important announcements regarding the operation of the DocCare247 Service. DocCare247
When you use or access the DocCare247 Service, DocCare247may place cookies in your web browser. Cookies are small pieces of text sent by your web browser by a website you visit. Cookies can be “persistent” or “session” cookies. DocCare247uses both types of cookies for purposes such as: to enable certain functions of the DocCare247 Service; to provide analytics; to store your preferences; and to enable the delivery of advertisements. DocCare247may also use essential cookies to authenticate users and prevent fraudulent use of user accounts.
LICENSE GRANT AND RESTRICTIONS
DocCare247 hereby grants you a non-exclusive, non-transferable, worldwide right to use the DocCare247 Service, solely for your own purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by DocCare247and its licensors.
You may not access the DocCare247 Service if you are a direct competitor of DocCare247, except with DocCare247’s prior written consent. In addition, you may not access the DocCare247 Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the DocCare247 Service or its content in any way; (ii) modify or make derivative works based upon the DocCare247 Service or its content; (iii) publicly display visual output of the DocCare247 Service; (iv) transmit the DocCare247 Service over a network, by telephone, or electronically using any means; (v) create Internet “links” to the DocCare247 Service where prohibited or “frame” or “mirror” any of its content on any other server or wireless or Internet-based device; or (vi) reverse engineer or access the DocCare247 Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the DocCare247 Service, or (c) copy any ideas, features, functions, or graphics of the DocCare247 Service.
You may use the DocCare247 Service only for your purposes and shall not: (i) send or transmit spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send, transmit, or post a message or any information under a false name; (iii) send, transmit, post, or store infringing, obscene, threatening, libelous, defamatory, fraudulent, false, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights or the ownership or intellectual property rights of another person; (iv) send, transmit, or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs; (v) interfere with or disrupt the integrity or performance of the DocCare247 Service or the data contained therein; or (vi) attempt to gain unauthorized access to the DocCare247 Service or its related systems or networks. You shall not use the DocCare247 Service in a way that could cause damage or adversely affect any other customers of DocCare247or DocCare247’s® reputation, networks, property, or services.
You agree to keep confidential and use commercially reasonable efforts to prevent and protect the content of the DocCare247 Service from unauthorized disclosure or use.
If you are accessing the DocCare247 Service through MeMD’s® mobile application (“app”), you acknowledge and understand that certain permissions may be required including, but not limited to, location services – allows the app to get your precise or approximate location using GPS or network location sources such as cell towers and Wi-Fi; take pictures – allows the app to take pictures with the camera; read phone status and identity – allows the app to access the phone features of the device to determine the phone number and device IDs, whether a call is active, and the remote number connected by a call; view network connections – allows the app to view information about network connections such as which networks exist and are connected; full network access – allows the app to create network sockets and use custom network protocols; read Google service configuration – allows the app to read Google service configuration data; and prevent device from sleeping – allows the app to prevent the device from going to sleep. Some of these permissions may consume additional battery power or incur data usage or charges.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the DocCare247 Service, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall: (i) notify DocCare247immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to DocCare247immediately and use reasonable efforts to stop immediately any copying or distribution of content of the DocCare247 Service that is known or suspected by you or your Users; and (iii) not impersonate another DocCare247user or provide false identity information to gain access to or use of the DocCare247 Service.
INTELLECTUAL PROPERTY OWNERSHIP
DocCare247alone (and its licensors, where applicable) shall own all right, title, and interest, including all related Intellectual Property Rights, in and to DocCare247’s technology, its content, and the DocCare247 Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the DocCare247 Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to DocCare247’s technology, its content, the DocCare247 Service, or the Intellectual Property Rights owned by DocCare247. All DocCare247or affiliate names, logos, and product names associated with the DocCare247 Service are trademarks of DocCare247or the affiliate (as applicable), and no right or license is granted to use them.
DocCare247 is the sole and exclusive owner of the Websites and Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. DocCare247 reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.
You may provide input, comments or suggestions regarding the Websites and Platforms or DocCare247 Services ("Feedback"). You acknowledge and agree that DocCare247 may use any Feedback without any obligation to you and you hereby grant DocCare247 a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as DocCare247 may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
The Websites and Platforms may contain links to third-party websites. Linked sites are not under the control of DocCare247, and DocCare247 is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that DocCare247 endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. DocCare247 disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by DocCare247. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and DocCare247 assumes no responsibility for the accuracy or veracity of any statement made by such third party.
REPRESENTATIONS AND WARRANTIES
By registering on the Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with DocCare247, (iii) the information you have provided to DocCare247 in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Websites and Platforms, (v) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (vi) you will not interfere with or disrupt DocCare247's or its vendors' security measures, (vii) if any information you provide to DocCare247 becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify DocCare247, (viii) you acknowledge that access to the healthcare services provided through the Platforms are not "insured services" under any provincial health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by DocCare247 or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Websites and Platforms for yourself or a child under the age of eighteen for whom you are the legal guardian. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the DocCare247 Service and that your billing information is correct.
The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, DocCare247 disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. DocCare247 does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.
DocCare247 makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. Teladoc Heath assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites and/or Platforms. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend, and hold DocCare247(including the DocCare247®), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, and licensors harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with (1) your use of and subscription to the DocCare247 Service and any information (including the content and subject matter) you submit, post, transmit, or make available via the DocCare247 Service or to DocCare247or the Providers; (2) your violation of this Agreement or any policy set forth in this Agreement; and (3) your violation of any applicable laws and regulations or rights of any third party.
You agree to defend, indemnify and hold DocCare247, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a DocCare247 Party and collectively DocCare247 Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to DocCare247 of any other information or data and the use of same by DocCare247 or other Teladoc Party as contemplated hereunder.
In no event shall DocCare247 be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the websites or platforms or the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
DocCare247 shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond DocCare247's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
ASSUMPTION OF RISK – FUNCTIONALITY OF DOCCARE247 SERVICE
The use of the DocCare247 service or any portion of the DocCare247 service is strictly at your sole risk. You hereby release DocCare247 and its licensors from all claims which may result from the use of the DocCare247 Service or any portion of the DocCare247 Service, or the negligence of DocCare247 or its licensors, but this provision expressly does not include any gross negligence or intentional misconduct.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.
DISCLAIMERS – HEALTHCARE SERVICES
DocCare247 does not provide health care services; the DocCare247 Service simply provides a system to facilitate communication with the Providers.
DocCare247 specifically disclaims all liability for the acts or omissions of any Provider providing medical care or advice (including but not limited to prescribing medications) and/or discounts on prescriptions, which are provided through the DocCare247 Service.
The DocCare247 Service is not a replacement for your primary care physician or annual office check-ups, nor is it a replacement for other treating providers (except in the context of mental and behavioral health services where the Provider has explicitly agreed to assume such role). Consultations through the DocCare247 Service treat the majority of common medical and behavioral health conditions, however a small number of cases require an in-person visit for complete care. With respect to psychotherapy and counseling, you understand that information discussed in any sessions is for therapeutic purposes only and is not intended for use in any legal proceedings involving any other individuals participating in any sessions. You agree not to subpoena any Provider to testify for or against individuals (including you) participating in the sessions or to provide records in court actions against other individuals participating in any sessions. You understand that anything any individual participating in any session tells a Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with any other individual participating in the sessions.
The DocCare247 Service is not an online pharmacy, nor is it a Medicare prescription drug plan. Providers using the DocCare247 Service do not, via the DocCare247 Service, prescribe elective medications, narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under state law. Review the DEA Controlled Substances Schedule (http://www.deadiversion.usdoj.gov/schedules/index.html) if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance. DocCare247 does not guarantee that a specific medication will be prescribed by a Provider if requested, particularly where prescribing of the medication is in violation of MeMD® Treatment Policies or not medically appropriate, as determined by the Provider in the Provider’s sole discretion. The behavioral health Providers will not prescribe you medication until conducting a mental health assessment (also sometimes called an intake or initial assessment) of you. You will not be prescribed more than a 90-day supply of medication at one time by a behavioral health Provider, and may not receive a refill of the medication unless you first complete a medication management visit with the behavioral health Provider. Non-behavioral health Providers generally do not prescribe more than a 90-day refill within a 6-month period. You agree that any prescription obtained from a Provider in connection with your use of the DocCare247 Service will only be for its intended use. Refunds for completed visits are not provided solely on the basis of Providers not prescribing a medication.
The DocCare247 Service does not meet the minimum essential coverage (MEC) requirements imposed by the Patient Protection and Affordable Care Act (PPACA) or any minimum creditable coverage (MCC) requirements imposed by any state laws. The DocCare247 Service is not a Qualified Health Plan under the PPACA.
The DocCare247 Service is not insurance and is not intended to replace health insurance; it is a telemedicine service available on a per-visit or membership basis. The offering of products and services by DocCare247is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance. DocCare247expressly reserves the right, in order to comply with state insurance laws, to (i) limit the number of visits offered in connection with any bundled services and subscription packages and/or (ii) charge a visit fee, both in an amount determined by DocCare247in its sole discretion.
You authorize DocCare247to use and publish any comments you choose to share about the DocCare247 Service, such as comments shared in the DocCare247 Patient Satisfaction Survey and/or via third-party service providers contracted for such purposes, unless specified otherwise. DocCare247 will only publish the comments with your first name and the state of requested service.
DocCare247does not warrant or validate any information provided by a third-party (including, but not limited to, your employer, health plan, or the Providers) even if the information is about the DocCare247 Service, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.
DocCare247has the right to refuse access to the DocCare247 Service to any person, agency, or organization, at any time, for any reason, or for no reason at all.
MeMD Standard Disclaimer
This disclaimer should appear on marketing materials intended to solicit a sale or patient encounter:
MeMD provides access to online medical consultations with physicians, nurse practitioners, and physician
assistants who can write prescriptions when medically necessary and permitted by state law. MeMD also
provides access to online counseling or talk therapy with behavioral health providers; however, therapists cannot write prescriptions. MeMD is not an online pharmacy, and medications cannot be purchased or dispensed from MeMD directly. MeMD is not a replacement for your primary care physician or annual doctor’s office visit. Subject to state regulations, MeMD is available nationwide with providers licensed to practice in your state who use video and/or audio technology.
MeMD Prescription Disclaimer
When referencing medications or prescriptions, the MeMD Prescription Disclaimer must be included:
When medically necessary, MeMD’s providers (except therapists) can submit a prescription electronically for
purchase and pick-up at your local participating pharmacy; however, MeMD providers cannot prescribe
elective medications, narcotic pain relievers, or controlled substances. MeMD’s providers are each licensed by
the appropriate licensing board for the state in which they are providing services and all have prescriptive
authority for each of the states in which they are licensed.
MeMD Pricing Disclaimer - $0 Visit Fee Pricing Model
When offering a $0 Visit Fee Pricing Model, the following disclaimer(s) must be included:
$0 medical (urgent care) visits are capped at three per individual, per month. Each medical (urgent care) visit
above the cap will be charged at MeMD’s then-current standard medical (urgent care) visit fee rate, which will
be collected at the time of service. $0 therapy visits are capped at five per individual, per month. Each therapy visit above the cap will be charged at MeMD’s then-current standard therapy visit fee rate, which will be collected at the time of service.
The DocCare247service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. DocCare247is not responsible for any delays, delivery failures, or other damage resulting from such problems.
LOCAL LAWS AND EXPORT CONTROL
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the United States. The user of this site (“User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the DocCare247 Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
DocCare247and its licensors make no representation that the DocCare247 Service is appropriate or available for use in other locations. If you use the DocCare247 Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content of the DocCare247 Service contrary to United States law is prohibited. None of the content of the DocCare247 Service, nor any information acquired through the use of the DocCare247 Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
Except as this Agreement specifically provides otherwise, you must provide DocCare247 notice by calling or writing DocCare247at its registered address. DocCare247may provide you notice through one or more of the following: correspondence through general notice on the DocCare247 Service, to your last known address, to any fax number or e-mail address you have provided DocCare247, by calling you on any phone number you have provided DocCare247, by voice message on any phone number you have provided DocCare247, or by text message to any phone number you have provided DocCare247that accepts text messages.
ASSIGNMENT; CHANGE IN CONTROL
This Agreement may not be assigned by you without the prior written approval of DocCare247but may be assigned without your consent by DocCare247to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
CHARGES AND PAYMENT OF FEES
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with DocCare247to pay on your behalf. Payments may be made on a per-visit basis, annually, monthly, or quarterly, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are noncancelable and all amounts paid are nonrefundable, subject to the Refund Policy contained herein. All pricing terms are confidential to the extent they are not disclosed of the Website, and you agree not to disclose them to any third party.
You should be aware that DocCare247may use a third-party payment processor (the “Payment Processor”) to link DocCare247to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the DocCare247 Service will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to this agreement. DocCare247is not responsible for any errors by the Payment Processor or your credit card issuer.
You understand and agree that for services provided on an appointment basis, if you fail to properly cancel a scheduled appointment at least 24 hours in advance of the appointment or if you are late to an appointment causing you to miss more than 40% of the allotted time for the appointment, you may be responsible for a missed appointment fee equal to the greater of DocCare247’s then-current visit fee rate for the service type or the fees your insurer or other payor would have otherwise paid for the scheduled services had they taken place.
Monthly auto-draft will be the default payment method in all instances. In the event a payment mode other than monthly auto-draft is selected, the next payment due after the prepayment period will automatically revert to monthly auto-draft using the same payment method, and the monthly draft shall occur monthly thereafter unless and until cancelled.
DocCare247charges and collects in advance for use of the DocCare247 Service. DocCare247will automatically renew and bill your credit card or issue an invoice to you for your current subscription amount where applicable or as otherwise mutually agreed upon; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with DocCare247to pay on your behalf. Fees for other services will be charged on an as-quoted basis. DocCare247’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on DocCare247’s® income.
You agree to provide DocCare247with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and telephone number. You agree to update this information immediately upon any change to it. If the contact information you have provided is false or fraudulent, DocCare247reserves the right to terminate your access to the DocCare247 Service in addition to any other legal remedies. Invoices will be billed in United States Dollars (USD) unless requested by you in advance of invoicing.
If you believe your bill is incorrect, you must immediately contact us in writing regarding the amount in question to be eligible to receive an adjustment or credit. You irrevocably waive your right to challenge the accuracy of any bill, or otherwise receive an adjustment or credit to any bill, if you fail to notify DocCare247in writing within fifteen (15) calendar days after your receipt of the bill or payment of the invoice, that you believe the bill is inaccurate (setting forth an explanation of why).
To cancel, simply email your cancellation request from your email on file with us to Help@DocCare247.com
. Immediately upon providing your request to cancel, your access to the Services are automatically discontinued and you may no longer access the platform. Any refunds due will be automatically processed in accordance with the Refund Policy.
NON-PAYMENT AND SUSPENSION
In addition to any other rights granted to DocCare247herein, DocCare247reserves the right to suspend or terminate this agreement and your access to the DocCare247 Service if your account becomes delinquent (falls into arrears) when any invoice is unpaid after the invoice due date whether it is the responsibility of you or a third party to pay the invoice.
Any breach of your payment obligations, or unauthorized use of the DocCare247 Service, will be deemed a material breach of this Agreement. DocCare247, in its sole discretion, may immediately terminate your password, account, or use of the DocCare247 Service if you breach or otherwise fail to comply with this Agreement. In addition, DocCare247may terminate a free account at any time in its sole discretion.
If you violate these Terms and Conditions, your ability to use the Websites and/or Platforms will be terminated. DocCare247 may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy DocCare247 may have available at law. Further, DocCare247 shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms and Conditions you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
CONTACTING YOU REGARDING BILLING AND COLLECTIONS
You expressly authorize, and specifically consent to allowing, DocCare247and any of DocCare247’s agents to contact you in connection with any and all matters relating to unpaid past due fees or charges you may owe DocCare247. You agree that, for attempts to collect unpaid past due fees or charges, DocCare247and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to DocCare247. For attempts to collect unpaid fees or charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and DocCare247each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and DocCare247agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action. Instead of suing in court, you and DocCare247 agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by accepting the terms and conditions of this Agreement, you and DocCare247are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Disputes are instead decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms and conditions of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.
“Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way the DocCare247 Service or this Agreement, including, but not limited to, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after use of or access or subscription to the DocCare247 Service has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the DocCare247 Service brings against DocCare247 (including the DocCare247 Service), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, Providers or licensors; (b) you bring against a third party, such as a Provider, that are based on, relate to, or arise out of in any way the use of or access or subscription to the DocCare247 Service or this Agreement; or (c) DocCare247brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and DocCare247, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with DocCare247; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of your use of or access or subscription to the DocCare247 Service or this Agreement.
No delay or omission by DocCare247 to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by DocCare247 must be in writing and signed by an authorized representative of DocCare247.
DISPUTE NOTICE AND DISPUTE RESOLUTION PERIOD
Before initiating an arbitration or a small claims matter, you and DocCare247each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to DocCare247should be sent to DocCare247’s registered address and also to (if the registered address is different): DocCare247, 811 W. Agatite Avenue, Suite 2610 Chicago, Illinois 60640, Attn: Officers. DocCare247will provide a Notice of Dispute to you at your last known physical address or email address. DocCare247will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and DocCare247agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or DocCare247may commence an arbitration proceeding or small claims action.
ARBITRATION TERMS, PROCESS, RULES, AND PROCEDURES.
(1) Unless you and DocCare247agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in Maricopa County, Arizona (or such other location to which DocCare247agrees). The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about filing, administration, discovery, and arbitrator’s fees. The JAMS Rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to your use of or access or subscription to the DocCare247 Service and this Agreement and arbitration provision. We each agree that the FAA’s provisions - not state law - govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or DocCare247to arbitrate on a class-wide, representative, or consolidated basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND DocCare247AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DocCare247expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(4) We each are responsible for our respective costs, including our respective attorneys, experts, and witnesses, unless this Agreement or applicable law otherwise permits the award of such to DocCare247®. We each will pay equally for any filing or case management fees associated with the arbitration and professional fees for the arbitrator’s services.
(5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in Maricopa County, Arizona (or such other location to which DocCare247agrees).
NO TRIAL BY JURY AND NO CLASS ACTION
If for any reason a claim arising out of or relating to your use of or access or subscription to the DocCare247service or this Agreement in any way proceeds in court rather than in arbitration, regardless of whether the claim is an action, counterclaim, or any other court proceeding, we each agree that to the extent allowed by law, there will not be a jury trial or class action and we each unconditionally (1) waive any right to trial by jury and (2) waive any right to pursue disputes on a class-wide basis, including joining a claim with the claim of any other person or entity or asserting a claim in a representative capacity on behalf of anyone else in any other proceeding.
Subject to federal and state law or unless this Agreement specifically provides otherwise, your use of and access or subscription to the DocCare247 Service and this Agreement is governed solely by the laws of the state of Delaware, without regard to conflicts of law principles. If either of us waives or doesn’t enforce a requirement under this Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as this Agreement specifically provides otherwise, if any part of this Agreement is held invalid or unenforceable, the rest of this Agreement remains in full force and effect. This Agreement isn’t for the benefit of any third party except DocCare247’s® subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, licensors, and predecessors and successors in interest. You can’t assign this Agreement or any of your rights or duties under it, unless DocCare247agrees to the assignment. DocCare247can assign this Agreement without notice. You cannot in any manner resell the DocCare247 Service to another party. This Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements - you can’t rely on any contradictory documents or statements by sales or service representatives or the Providers. The rights, obligations, and commitments in the Agreement that, by their nature, would logically continue beyond the termination of your use of or access or subscription to the DocCare247 Service (for example, those relating to billing, payment, dispute resolution, no class action, no jury trial) survive termination of your use of and access and subscription to the DocCare247 Service and this Agreement.
These Terms and Conditions constitute the entire agreement between you and DocCare247 as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between DocCare247 and you.
CHOICE OF LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Illinois in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
I have read this Agreement and I understand it. I agree to comply with it, on behalf of myself and on behalf of any other person on whose behalf I am or may in the future be seeking medical care including, but not limited to, mental or behavioral health services. I understand and agree that if I fail to comply with the terms of the Agreement, I may be prohibited from using the DocCare247 Service, and I will hold DocCare247 harmless from any liability arising from my failure to comply. I hereby certify that I am at least eighteen years of age and possess the legal right and ability to enter into this Agreement under the name in which I have registered to use the DocCare247 Service. I further certify that I am physically present in the state that I have designated at the time that I am accessing the DocCare247 Service. I understand and acknowledge that my ability to access the DocCare247 Service is conditional upon the above-mentioned criteria of my certification of age, legal authority, and physical presence at the time that I access the DocCare247 Service, and that the Providers are relying upon this certification in order to interact with and facilitate health care services to me.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with DocCare247's prior written consent. DocCare247 may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, DocCare247 under the Terms and Conditions, please contact DocCare247 using the following contact details:
811 W. Agatite Avenue, Suite 2610
Chicago, IL 60640