24/7 Call-A-Doc

Welcome to the 24/7 Call-A-Doc, LLC Terms of Use & Web site (the "Site").

Use of the Site and Services - NOT FOR EMERGENCIES. The Site and Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

24/7 Call-A-Doc provides online health-related information and services, which include arranging for telephone medical consultations, online video consultations, and secure email medical consultations with participating providers who have independently contracted to be in the network operated by 24/7 Call-A-Doc Physician Network, LLC, together with electronic medical record storage services for both the patient and the physician (collectively, the "Services"). As used in these Terms of Use, references to "24/7 Call-A-Doc" means 24/7 Call-A-Doc, LLC, a Florida limited liability company; "24/7 Call-A-Doc Physician Network " means 24/7 Call-A-Doc Physician Network, LLC, a Florida limited liability company; and "you" or "your" means you, your dependent(s), if any, and any other person accessing your 24/7 Call-A-Doc account. These Terms of Use apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of the Services. THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY 24/7 CALL-A-DOC OR 24/7 CALL-A-DOC PHYSICIAN NETWORK. RATHER, THE SERVICES ENABLE ACCESS TO PHYSICIANS IN THE 24/7 CALL-A-DOC PHYSICIAN NETWORK WHO HAVE AGREED TO PROVIDE MEDICAL CONSULATATIONS TO PATIENTS USING 24/7 CALL-A-DOC'S SERVICES. 24/7 CALL-A-DOC ARRANGES FOR THE PROVISION OF MEDICAL CARE; IT DOES NOT PROVIDE MEDICAL CARE.

Electronic Medical Record.

Your 24/7 Call-A-Doc Electronic Medical Record ("Electronic Medical Record") is created for you to enter, store and access your personal health information online, including medical history, current conditions, symptoms, complaints, allergies and medications ("Medical History Assessment"), and for your physicians to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record. You agree to provide accurate and complete information for your Electronic Medical Record, to periodically review such information, and to update information that you provide as needed. For additional information regarding use of your Electronic Medical Record, please see the Privacy Notice. It is your responsibility to confirm any third party information in your Electronic Medical Record. PLEASE NOTE THAT IT IS SOLELY YOUR PHYSICIAN'S OBLIGATION TO USE AND DISCLOSE THE INFORMATION INCLUDED IN YOUR ELECTRONIC MEDICAL RECORD IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR INFORMATION TO BE SHARED WITH OTHER PARTICIPATING PHYSICIANS. HOWEVER, BY REQUESTING A DIAGNOSTIC MEDICAL CONSULTATION, YOU AGREE TO DISCLOSE THE CONTENTS OF YOUR COMPLETE ELECTRONIC MEDICAL RECORD TO THE PHYSICIAN WHO WILL CONDUCT YOUR DIAGNOSTIC MEDICAL CONSULTATION. ALL MEDICAL CONSULTATIONS ARE RECORDED AND THE AUDIO RECORDINGS BECOME PART OF YOUR ELECTRONIC MEDICAL RECORD. SIMILARLY, ALL EMAILS FROM SECURE EMAIL MEDICAL CONSULTATIONS ARE SAVED AND BECOME PART OF YOUR ELECTRONIC MEDICAL RECORD.

Prescriptions.

Please note that only if you have accurately and fully completed and submitted the Medical History Assessment and conducted a diagnostic medical consultation by telephone, may the physician conducting the diagnostic medical consultation prescribe medication for you, as determined appropriate by the physician in his/her sole discretion, professional judgment and within legal limitations. Any prescriptions can be called in to a local pharmacy by the physician for your convenience. NOTE: No prescriptions for controlled or scheduled medications are available through participating physicians. You agree that any prescriptions that you acquire from a participating physician shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

Eligibility to Register on the Site, Subscribe to the Services and Use this Site and/or the Services. 

Limitations on Use.

Your Account.

You are solely responsible for maintaining the confidentiality of your password and pin number and for all activities that occur under your password and pin number. You agree to prohibit anyone else from using your password and pin number, and to immediately notify 24/7 Call-A-Doc in writing of any unauthorized use of your password and pin number, or other security concerns of which you become aware.

Fraud Prevention and Security.

24/7 Call-A-Doc may contact you by telephone, mail or email to verify your Personal Contact Information. 24/7 Call-A-Doc reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the Site or subscription to the Services. If you do not provide this information to 24/7 Call-A-Doc and in the manner requested within fourteen (14) days of such request, 24/7 Call-A-Doc may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with 24/7 Call-A-Doc's information request.

Intellectual Property.

24/7 Call-A-Doc hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the Site and to use the 24/7 Call-A-Doc software to the extent necessary to use the Services solely for your personal, noncommercial use. With the exception of your Electronic Medical Records, 24/7 Call-A-Doc retains all right, title and interest in and to 24/7 Call-A-Doc, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by 24/7 Call-A-Doc, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of 24/7 Call-A-Doc, or if licensed by 24/7 Call-A-Doc, the license provider. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of 24/7 Call-A-Doc's trademarks, service marks and logos is strictly prohibited without the prior written permission of 24/7 Call-A-Doc. The immediately foregoing sentence also applies to any third party trademarks, service marks and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by 24/7 Call-A-Doc or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

CAN-SPAM ACT Compliance.

We are committed to being compliant with the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003" ("CAN-SPAM Act"), and e-mail newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an e-mail from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed below under the section "Notices and How to Contact Us." Click to unsubscribe or opt-out of e-mail communications from 24/7 Call-A-Doc at any time or type "unsubscribe" in e-mails you receive from 24/7 Call-A-Doc. NOTE: YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM 24/7 CALL-A-DOC IF YOU WISH TO SUBSCRIBE TO OUR SERVICES. IF YOU OPT-OUT OR UNSUBSCRIBE WHILE SUBSCRIBED TO OUR SERVICES, YOU WILL BECOME INELIGIBLE FOR THE RECEIPT OF AND USE OF OUR SERVICES.

Third Party Web Site.

24/7 Call-A-Doc may provide links to third parties' Web sites. Also, if you click on a banner advertisement that appears on one of the pages of the Site, you may be transported to a third party's Web site and away from this Site. These Terms of Use and the Privacy Notice apply to your relationship with 24/7 Call-A-Doc only and do not describe the terms of Use, privacy policies or other policies of third parties with regard to (but without limitation) the collection, use and disclosure of personally identifiable information and personally identifiable health information. 24/7 Call-A-Doc is not responsible for the terms of Use, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties. If you click on a banner advertisement or a link to a third party's Web site, you should review the privacy policy of the third party's web site to determine that third party's practices with regard to the collection, use and disclosure of personally identifiable information and personally identifiable health information. Any link on the Site to any third party's Web site does not imply an endorsement of the terms or privacy practices of any third party by 24/7 Call-A-Doc. Third parties are not authorized to make any representation or warranty on 24/7 Call-A-Doc's behalf. You agree that 24/7 Call-A-Doc has no liability, obligation or duty whatsoever for any third party's terms of Use or privacy practices or any third party's Web sites and your use or misuse of them. If you wish to suspend e-mail or mail communications from third parties, you must contact them directly.

Right to Change Terms of Use.

24/7 Call-A-Doc may, at any time and from time to time, in its sole discretion, change these Terms of Use. Any changes to these Terms of Use will be effective immediately upon posting of the changed Terms of Use on the Site. You agree to review these Terms of Use periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms of Use.

Term and Termination.

These Terms of Use shall commence upon the date you first access the Site. Either you or 24/7 Call-A-Doc may terminate these Terms of Use and your right to use the Services at any time in writing, with or without cause. These Terms of Use and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms of Use of these Terms of Use, as revised from time to time. Upon any termination, you shall destroy all copies of 24/7 Call-A-Doc Information in your possession and cease any access to or use of the Services. If you terminate these Terms of Use and thereafter access the Site, you shall be subject to the Terms of Use posted on the Site at that time.

Legal Notices and Disclaimers. 

General Disclaimers.

Limitation of Liability.

IN NO EVENT SHALL 24/7 CALL-A-DOC BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) ONE (1) MONTH’S SUBSCRIPTION RATE OF YOUR SUBSCRIPTION PLAN , OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF$50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 24/7 CALL-A-DOC BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED OR PROVIDED THROUGH THIS SITE OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THIS SITE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF 24/7 CALL-A-DOC IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT 24/7 CALL-A-DOC'S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU FOR THE ONE (1) MONTH PERIOD PRIORTO THE TIME OF THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.

Indemnification. 

INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS 24/7 CALL-A-DOC AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL RIGHTS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, ACTIONS AND SUITS (NO MATTER WHETHER AT LAW OR EQUITY), FEES, COSTS AND ATTORNEYS' FEES (INCLUDING APPELLATE LEVEL) OF ANY KIND WHATSOEVER ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH (I) YOUR USE OR MISUSE OR OF THE SITE OR THE SERVICES OR ANY INFORMATION POSTED ON THE SITE, (II) YOUR SUBSCRIPTION, (III) YOUR BREACH OF THE TERMS OF USE OR THE PRIVACY NOTICE , (IV) YOUR RELATIONSHIP WITH ANY PARTICIPATING PHYSICIAN , (V) THE CONTENT OR SUBJECT MATTER OF OR ANY INFORMATION YOU PROVIDE TO 24/7 CALL-A-DOC, ANY OF ITS AFFILIATES, ANY PARTICIPATING PHYSICIAN OR CUSTOMER SERVICE AGENT, AND/OR (VI) ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU IN THE USE OR MISUSE OF THE SITE OR THE SERVICES OR ANY INFORMATION POSTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR NEGLIGENT OR WRONGFUL CONDUCT.

Waiver.

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Force Majeure.

Notwithstanding anything herein to the contrary, 24/7 Call-A-Doc shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.

No Third Party Rights.

Unless expressly stated in these Terms of Use or in the Privacy Notice to the contrary, nothing herein or in the Privacy Notice is intended to confer any rights or remedies under or by reason of these Terms of Use or the Privacy Notice on any persons other than you, 24/7 Call-A-Doc and its Affiliates. Nothing in these Terms of Use and the Privacy Notice is intended to relieve or discharge the obligation or liability of any third persons to any of you, 24/7 Call-A-Doc or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, 24/7 Call-A-Doc or its Affiliates.

Privacy.

By accepting these Terms of Use, you consent to the collection, use and disclosure of your personally identifiable information and personally identifiable health information provided to us as outlined in the Privacy Notice, which is incorporated herein and made a part of these Terms of Use by reference. You may view the Privacy Notice.

Operation and Record Retention.

24/7 Call-A-Doc reserves complete and sole discretion with respect to the operation of the Site and the Services. 24/7 Call-A-Doc may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site or the Services. 24/7 Call-A-Doc is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. 24/7 Call-A-Doc is not responsible for maintaining Information arising from use of the Site or in respect of the Services. 24/7 Call-A-Doc reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention and/or destruction policies.

Entire Agreement; Headings and Construction; Severability.

These Terms of Use and the Privacy Notice constitute the sole and only agreement of you and 24/7 Call-A-Doc and supersede any prior understandings or written or oral agreements between you and 24/7 Call-A-Doc with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and 24/7 Call-A-Doc with respect to their subject matter. The headings contained in these Terms of Use and the Privacy Notice are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use and the Privacy Notice. The provisions of these Terms of Use and the Privacy Notice are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Assignment and Waiver.

You may not assign, transfer or delegate these Terms of Use or the Privacy Notice or any part of them without 24/7 Call-A-Doc's prior written consent. 24/7 Call-A-Doc may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Notice, and any rights and duties hereunder or there under. These Terms of Use and the Privacy Notice will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use or the Privacy Notice, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Governing Law; Jurisdiction and Venue.

These Terms of Use and the Privacy Notice shall be governed by and construed in accordance with the laws of the State of Florida, as amended from time to time, without regard to principles of conflicts of law. Any civil action or legal proceeding arising out of or relating pursuant to these Terms of Use or Privacy Notice shall be brought in the applicable Federal or State courts located in Broward County, Florida. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Any cause of action or claim you may have with respect to 24/7 Call-A-Doc must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.

This Web site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Florida, without regard to any principles of conflicts of law, will apply to all matters relating to your use of this Site. 24/7 Call-A-Doc makes no representation that Information or services provided on or through this Site are appropriate or available for use in other locations, and accessing them from territories where such Information is illegal is prohibited. If you choose to access the Site from other locations, you do so, on your own initiative and are responsible for compliance with local laws.

Enforcement Costs.

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Notice or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Notice, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

WAIVER OF JURY TRIAL.

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OF USE OR THE PRIVACY NOTICE OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED BY A JURY.

Notices and How to Contact Us.

24/7 Call-A-Doc may provide notice to you by e-mail to the e-mail address you provided during registration, by a general notice on the Site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the 24/7 Call-A-Doc (844-362-2447) account information. You may give notice to 24/7 Call-A-Doc at any time by calling 844-DOC-24HR or email delivered to support@247CallADoc.com.