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.
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.
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.
- You also represent that you are not a person barred from enrolling for and/or receiving Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited to users in the United States. However, recognizing the global nature of the Internet, it may be possible to access and/or use the Site and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that 24/7 Call-A-Doc makes no representation or warranty that any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.
- You consent to: (i) 24/7 Call-A-Doc's disclosure of your Personal Contact Information with agents and employees of 24/7 Call-A-Doc and for any other reason described in our Privacy Notice; and (ii) the use of "cookies."
Limitations on Use.
- You agree not to: (i) access the Site or use the Services in an unlawful way or for any unlawful purpose, (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, "Information") which (x) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (y) contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damages, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct, (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity, (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services, (v) use robots or scripts with the Site, (vi) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this Site, or (vii) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser's cookie settings.
- You further agree that any Information you provide or use on the Site, and your use of the Site or the Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. 24/7 Call-A-Doc may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
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.
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.
Term and Termination.
Legal Notices and Disclaimers.
- Medical Disclaimers. 24/7 Call-A-Doc makes no representation or warranty as to the content of any treatment response from any participating physician. Participating physicians are not employees of 24/7 Call-A-Doc or 24/7 Call-A-Doc Physician Network, LLC; they are independent contractors. You and your physician are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation or other communication. 24/7 Call-A-Doc does not guarantee that a telephone medical consultation, online video consultation, or secure email consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
- Content Disclaimers. You should not use Information found on this Site to replace a relationship with a physician or other healthcare professional and should not rely on the foregoing as professional medical advice. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
- NEITHER THIS SITE, NOR 24/7 CALL-A-DOC NOR 24/7 CALL-A-DOC PHYSICIAN NETWORK, PROVIDE MEDICAL ADVICE. THE PHYSICIANS ARE NOT EMPLOYEES OF 24/7 CALL-A-DOC OR 24/7 CALL-A-DOC PHYSICIAN NETWORK, AND THEY ARE DIRECTLY RESPONSIBLE FOR THE QUALITY AND APPROPRIATENESS OF THE CARE THEY RENDER DIRECTLY TO YOU. The Information and the Services provided on or through this Site are intended solely as a general educational aid and to assist you in finding a physician that, subject to his or her professional responsibilities, may or may not provide you with medical advice. The Information and Services are not medical or health care advice for any individual problem or a substitute for medical or other professional advice and services from a qualified health care provider. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or providing medical services by 24/7 Call-A-Doc OR 24/7 Call-A-Doc Physician Network. Information contained in this Site is compiled from a variety of sources and may or may not be considered authored by 24/7 Call-A-Doc. 24/7 Call-A-Doc makes no representation or warranty as to any such Information.
- Features and specifications of products or services described or depicted on the Site are subject to change at any time without notice.
- YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 24/7 CALL-A-DOC AND ITS MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, 24/7 CALL-A-DOC MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, 24/7 CALL-A-DOC SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PARTICIPATING PHYSICIANS PROVIDING MEDICAL CARE TO SUBSCRIBERS.
- You acknowledge and agree that we are not responsible for ( i ) any printing, typographical or technological errors regardless of the matter, media, material or form thereof, ( ii ) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof, ( iii ) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof, ( iv ) technical failures of any kind, ( v ) inadvertent loss of INFORMATION; and/or ( vi ) unauthorized human intervention in any part, material or process or otherwise.
- 24/7 Call-A-Doc MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES.
- 24/7 Call-A-Doc does not endorse the promotions, products or services of any third parties. 24/7 Call-A-Doc does not warrant or validate the Information of any third party's advertisements, promotions, communications, or other materials. 24/7 Call-A-Doc does not assume any responsibility or liability for the accuracy of Information contained in the Site or as stated above under "Third Party Web Sites."
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.
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."
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.
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.
Assignment and Waiver.
Governing Law; Jurisdiction and Venue.
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.
WAIVER OF JURY TRIAL.
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.