MedCallAssist Terms and Conditions
Revision Date: Jan 1, 2014
Welcome to the MEDCALLASSIST.com Web site (collectively, the “Site” or “MEDCALLASSIST”).
MEDCALLASSIST provides certain online, health-related information and is a provider of technology that enables Member access to informational and medical services that are provided by licensed physicians who have independently contracted to participate in the MEDCALLASSIST Physician Network (owned and operated by MEDCALLASSIST), and who have agreed to provide such services to MEDCALLASSIST Members at negotiated contract rates, using the tools and technology provided by MEDCALLASSIST, which include but are not limited to, patient and physician access to electronic medical and health record storage and retrieval, and patient-physician communications by secure e-mail, telephone and/or web video, where available (collectively, the “Services”). The physicians in the MEDCALLASSIST Physician Network are not employees or agents of MEDCALLASSIST, but independent contractors providing the Services directly to you.
As used in these Terms and Conditions, references to “MEDCALLASSIST” means and includes, depending on the context, MEDCALLASSIST, its parent, subsidiaries and affiliated entities. As used in these Terms and Conditions “you” or “your” means you, your dependent(s), if they are included in the Program that you have purchased, and any other person accessing your MEDCALLASSIST account. These Terms and Conditions 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 ARE PROVIDED AT THE DISCRETION OF THE PHYSICIANS THAT CONTRACT TO PARTICIPATE IN THE MEDCALLASSIST PHYSICIAN NETWORK.
I. Eligibility to Register on the Site, Subscribe to the Services and Use the Site and/or the Services.
- By registering for MEDCALLASSIST, you represent that you are of legal age and capacity, or you are at least 18 years of age and have your parent(s)' or legal guardian(s)' permission to access and use this Site, to register on the Site, to enroll for the Services and/or to use the Services, and agree to the terms and conditions set forth in these Terms and Conditions. Some Services, including, without limitation, access to informational or diagnostic consultation, are not intended to be used by, and are not directed to, anyone less than 18 years of age. If you register for, enroll for, purchase and/or engage in informational or diagnostic consultations, you represent you are at least 18 years of age. You represent that if you are acting on behalf of an entity, you have the authority to bind such entity.
- 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 who are legal residents of 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 MEDCALLASSIST makes no representation or warranty that it, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.
- To register on the Site, to subscribe to the Services and to use this Site and the Services, you agree: (i) to comply with these Terms and Conditions, (ii) to fully, accurately and truthfully complete the registration profile, including, but not limited to, your name, mailing address, phone number and email address (which must be valid) (“Personal Contact Information”), (iii) to fully, accurately and truthfully complete any other items requested or required when you use the Site or the Services, (iv) to set your Internet browser to accept “cookies” from the Site, and (v) that by registering on the Site, subscribing to the Services and/or using the Site or the Services you are agreeing to opt-in to the receipt of communications, such as newsletters and offers, by mail or email from MEDCALLASSIST. If you do not wish to receive such communications, you may opt-out at any time. See “CAN-SPAM ACT Compliance,” below.
- You consent to: (i) MEDCALLASSIST'S disclosure of your Personal Contact Information with agents and employees of MEDCALLASSIST and for any other reason described in our Privacy Notice; and (ii) the use of “cookies.”
- In order to determine your compliance with these Terms and Conditions and the Notice of Privacy Practices (the “Privacy Notice”) we reserve the right, but not the obligation, to monitor your access to and use of the Site and the Services. MEDCALLASSIST may, in its sole discretion, refuse to accept your registration or subscription due to noncompliance with any eligibility or subscription requirement.
II. 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 or any information under a false name, or (b) any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which (1) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (2) 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 on or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. MEDCALLASSIST may delete any Information provided by you that it deems, in its sole and absolute discretion, fraudulent, abusive, defamatory, and/or obscene, or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
III. Your Account.
- You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify MEDCALLASSIST in writing of any unauthorized use of your password or other security concerns of which you become aware.
IV. Your Electronic Medical Record.
- Your MEDCALLASSIST Electronic Medical Record (“Electronic Medical Record”) is created for you to store and access your personal health information online, including health conditions, allergies and medications, and for your physician to record the results of his or her medical encounter with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record. ALL DIAGNOSTIC CONSULTATIONS ARE RECORDED, whether by telephone or web video, and the recordings become part of your Electronic 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 THE CONSULTING PHYSICIAN HAS AN 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 ELECTRONIC MEDICAL RECORD TO BE SHARED WITH OTHERS.THEREFORE, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU HEREBY CONSENT TO AND AUTHORIZE DISCLOSURE OF YOUR ELECTRONIC MEDICAL RECORD TO ANY PHYSICIAN PARTICIPATING IN THE MEDCALLASSIST PHYSICIAN NETWORK FOR THE PURPOSE OF PROVIDING YOU A CONSULTATION.
- FURTHER, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU HEREBY CONSENT TO AND AUTHORIZE DISCLOSURE OF YOUR ELECTRONIC MEDICAL RECORD TO MEDCALLASSIST’S MEDICAL DIRECTOR AND CHIEF COMPLIANCE OFFICER FOR THE PURPOSE OF CONDUCTING ANY APPLICABLE COMPLIANCE REVIEW.
V. Fraud Prevention and Security.
- MEDCALLASSIST may contact you by telephone, mail or email to verify your Personal Contact Information. MEDCALLASSIST 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 MEDCALLASSIST in the manner requested within fourteen (14) days of such request, MEDCALLASSIST may reject your registration and subscription and/or suspend your registration and subscription until you satisfactorily comply with MEDCALLASSIST's information request.
- During a Consultation, whether by telephone or web video where available, the MEDCALLASSSIST Network Physician shall use its independent clinical discretion, within the bounds of any state and federal laws, in issuing prescriptions as deemed medically appropriate. You will be required to accurately and fully complete an online Medical History Assessment before being connected to the Network physician.
- Please note that federal and/or state laws restrict Network Physicians from prescribing controlled substances. A list of controlled substances is available at: http://www.deadiversion.usdoj.gov/schedules/.
- You agree that any prescriptions that you acquire from a Network 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.
VII. Intellectual Property.
- MEDCALLASSIST 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 MEDCALLASSIST software to the extent necessary to use the Services solely for your personal, noncommercial use. With the exception of your Electronic Medical Record, which MEDCALLASSIST maintains for your use and benefit as well as for the use and benefit of the Network physicians who provide Consultations to you, MEDCALLASSIST retains all right, title and interest in and to 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 MEDCALLASSIST, 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 MEDCALLASSIST, or if licensed by MEDCALLASSIST, 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 MEDCALLASSIST'S trademarks, service marks and logos is strictly prohibited without the prior written permission of MEDCALLASSIST. 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, estoppel, 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 MEDCALLASSIST 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.
VIII. 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 MEDCALLASSIST at any time or type “unsubscribe” in e-mails you receive from MEDCALLASSIST.
- HOWEVER, NOTE THAT YOU CANNOT OPT-OUT FROM RECEIVING ANY FURTHER COMMUNICATIONS FROM MEDCALLASSIST IF YOU WISH TO SUBSCRIBE TO OUR SERVICES. IF YOU OPT-OUT OR UNSUBSCRIBE WHILE SUBSCRIBED TO OUR SERVICES, YOU WILL AUTOMATICALLY BECOME INELIGIBLE FOR THE RECEIPT OF AND USE OF OUR SERVICES.
IX. Third Party Web Sites.
- MEDCALLASSIST 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 directed to a third party's Web site and away from the Site. These Terms and Conditions and the Privacy Notice apply to your relationship with MEDCALLASSIST only and do not describe the terms and conditions, 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.
X. Right to Change Terms and Conditions.
- MEDCALLASSIST may, at any time and from time to time, in its sole and absolute discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.
XI. Term and Termination.
- These Terms and Conditions shall commence upon the date you first access the Site. Either you or MEDCALLASSIST may terminate your right to use the Services and/or the Site at any time in writing, with or without cause.
- These Terms and Conditions and the licenses granted hereunder shall automatically terminate, without notice, in the event you fail to fully comply with the terms and conditions of these Terms and Conditions, as revised from time to time, and/or the terms of any other agreement between MEDCALLASSIST and you relating to the Services.
- Upon any termination, you shall destroy all copies of MEDCALLASSIST information in your possession and cease any access to or use of the Services or MEDCALLASSIST information. If you thereafter access the Site, you shall be subject to the Terms and Conditions posted on the Site at that time.
XII. Legal Notices and Disclaimers.
a. Medical Disclaimers.
- You specifically acknowledge and agree that MEDCALLASSIST solely provides you with access to licensed physicians and makes no representation or warranty as to the content of any treatment response from any Network Physician. You and the Network Physician are solely responsible for all information and/or communication sent during a telephone or web video consultation, secure email consultation or other communication.
- MEDCALLASSIST does not guarantee that a telephone or web 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. MEDCALLASSIST annually verifies the state licensing status for all participating physician providers.
- MEDCALLASSIST maintains the required liability insurance for each of its independent contracting physicians. You agree that any claim against any physician, MEDCALLASSIST, relating in any way to the services performed by any physician pursuant to your agreement with MEDCALLASSIST shall be brought solely against MEDCALLASSIST, and the damages shall be limited to the maximum amount payable under the MEDCALLASSIST insurance policy. You agree to waive all claims for consequential, special, indirect, incidental, exemplary, and punitive damages of any kind or nature whatsoever.
- MEDCALLASSIST 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.
b. Content Disclaimers.
- You should not use any 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 MEDCALLASSIST PROVIDES MEDICAL ADVICE IN ANY SHAPE OR FORM. THE NETWORK PHYSICIANS ARE NOT EMPLOYEES OF MEDCALLASSIST AND 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 appropriate medical advice. The information on this Site and Services are not medical services 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. Your use of this Site is not intended to create a physician-patient relationship. Nothing contained on this Site is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by MEDCALLASSIST. Information contained on this Site is compiled from a variety of sources and may or may not be considered authored by MEDCALLASSIST. MEDCALLASSIST makes no representation or warranty as to any such information.
- While MEDCALLASSIST attempts to keep all the information on the Site up-to-date, medical treatment and knowledge change quickly, and this Site should not be considered error-free or as a comprehensive source of all information on a particular topic. MEDCALLASSIST makes no warranties or representations as to the accuracy of the information on the Site, and assumes no responsibility for any damages arising from, either directly or indirectly, any action or inaction you or anyone else takes based upon the information and material on this Site. Your use of this Site is subject to the additional disclaimers and terms that may appear, from time to time, throughout these Terms and Conditions and the Site, subject to change by MEDCALLASSIST at any time, in its sole and absolute discretion, with or without notice. To the fullest extent permitted by law, you hereby assume the entire risk associate with using this Site and information contained on the Site and/or the Services.
- Features and specifications of products or services described or depicted on the Site are subject to change by MEDCALLASSIST, at any time, in MEDCALLASSIST’s sole and absolute discretion, with or without notice.
- Certain of the Information about health conditions on this Site may be provided by third parties, who have not reviewed and do not endorse any information, products, or services other than those clearly marked as being from them. You are responsible for reviewing and complying with all third parties’ terms and conditions, licenses, policies posted on or linked to and from this Site. MEDCALLASSIST does not endorse the promotions, products or services of any third parties. MEDCALLASSIST does not warrant or validate the Information of any third party's advertisements, promotions, communications, or other materials. MEDCALLASSIST 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.”
c. General Disclaimers.
- 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. MEDCALLASSIST AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, 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 LIMITATION OF THE FOREGOING, MEDCALLASSIST 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, MEDCALLASSIST SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY NETWORK PHYSICIANS PROVIDING MEDICAL CARE TO SUBSCRIBERS.
- You acknowledge and agree that MEDCALLASSIST is 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) any unauthorized human intervention in any part, material or process or otherwise.
XIII. Limitation of Liability.
- IN NO EVENT SHALL MEDCALLASSIST BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES IN EXCESS OF (i)THE PRICE OF ONE (1) MONTH’S SERVICE FEE, OR (ii) IN THE EVENT NO MONTHLY SERVICE FEE WAS PAID OR REQUIRED, THE ACTUAL COST TO THE PARTICIPANT CHARGED FOR MEDICAL CALL.
- TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY AGREE MEDCALLASSIST SHALL IN NO EVENT BE LIABLE TO YOU 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 OR OTHERWISE ARISING IN ANY WAY OUT OF OR IN ANY WAY CONNECTED TO 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 SUCH DAMAGES WERE FORESEEABLE.
- IN ADDITION, THE CUMULATIVE LIABILITY OF MEDCALLASSIST, INCLUDING ANY CAUSE OF ACTION ARISING IN CONTRACT, TORT, OR STRUCT LIABILITY, SHALL NOT EXCEED (i) THE PRICE OF ONE (1) MONTH’S SERVICE FEE CHARGED, OR (ii) IN THE EVENT NO MONTHLY SERVICE FEE WAS PAID OR REQUIRED, THE ACTUAL COST TO THE PARTICIPANT CHARGED FOR MEDICAL CALL.
- To the extent certain jurisdictions restrict any of the above limitations of liability, such limitations shall not apply in such jurisdictions, but only to the extent such restriction(s) allow.
- YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEDCALLASSIST AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL RIGHTS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, CLAIMS, CAUSES OF ACTION, ACTIONS AND SUITS IN LAW OR EQUITY, FEES, COSTS AND ATTORNEYS’ FEES OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH (i) YOUR USE OR MISUSE OF THIS SITE OR THE SERVICES OR ANY INFORMATION POSTED ON THE SITE, (ii) YOUR SUBSCRIPTION, (iii) YOUR BREACH OF THE TERMS AND CONDITIONS OR THE PRIVACY NOTICE, (iv) YOUR RELATIONSHIP WITH ANY NETWORK PHYSICIAN, (v) THE CONTENT OR SUBJECT MATTEROF ANY INFORMATION YOU PROVIDE TO MEDCALLASSIST, ANY OF ITS AFFILIATES, ANY NETWORK PHYSICIAN, OR CUSTOMER SERVICE REPRESENTATIVE, AND/OR (vi) ANY NEGLIGENT OR WRONGFUL ACT OR OMISSION BY YOU IN CONNECTION WITH THE USE OF THIS SITE OR THE SERVICES OR ANY INFORMATION POSTED ON THIS SITE, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS.
XV. Force Majeure.
- Notwithstanding anything herein to the contrary, MEDCALLASSIST 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.
XVI. No Third Party Rights.
- Unless otherwise expressly stated in these Terms and Conditions or in the Privacy Notice, nothing herein or in the Privacy Notice is intended to confer any rights or remedies under or by reason of these Terms and Conditions or the Privacy Notice on any person other than you, MEDCALLASSIST and its Affiliates. Nothing in these Terms and Conditions and the Privacy Notice is intended to relieve or discharge the obligation or liability of any third person to you, MEDCALLASSIST or its Affiliates, nor shall any provision give any third person any right of subrogation or action over or against you, MEDCALLASSIST or its Affiliates.
XVIII. Operation and Record Retention.
- MEDCALLASSIST reserves complete and sole discretion with respect to any aspect of the operation of the Site and the Services. MEDCALLASSIST may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site or the Services. MEDCALLASSIST is not responsible for the transmission of errors or corruption or compromise of information carried over local or interchange telecommunication carriers.
- MEDCALLASSIST is not responsible for maintaining any information arising from the use of the Site or with respect to the Services. MEDCALLASSIST reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Site or in connection with the Services pursuant to its internal record retention and/or destruction policies.
XIX. Superseding Provisions; Headings and Construction; Severability.
- These Terms and Conditions and the Privacy Notice supersede any prior understandings or written or oral agreements between you and MEDCALLASSIST with respect to their subject matter.
- The headings contained in these Terms and Conditions 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 and Conditions and the Privacy Notice.
- The provisions of these Terms and Conditions 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.
XX. Assignment and Waiver.
- You may not assign, transfer or delegate these Terms and Conditions or the Privacy Notice or any part of them without MEDCALLASSIST's prior written consent. Any such assignment without MEDCALLASSIST’s prior written consent shall be null and void.
- MEDCALLASSIST may freely transfer, assign or delegate all or any part of these Terms and Conditions and the Privacy Notice, and any rights and duties hereunder or thereunder.
- These Terms and Conditions and the Privacy Notice will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
- Failure by MEDCALLASSIST to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms and Conditions or the Privacy Notice, shall not be considered waiver thereof, which can only be made by signed writing by MEDCALLASSIST. No single waiver shall be considered a continuing or permanent waiver.
XXI. Governing Law; Jurisdiction and Venue.
- These Terms and Conditions, the Privacy Notice, and your use of the Site, whether accessed from the United States or internationally, shall be governed by and construed in accordance with the laws of the State of Alaska, 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 and Conditions or Privacy Notice shall be brought in the applicable Federal or State courts located in the North Star Borough, Alaska. You hereby consent to the jurisdiction of such court in any such civil action or legal proceeding and waive any objection to the laying of venue and/or jurisdiction of any such civil action or legal proceeding in such court. Notwithstanding the foregoing, any action relating to any agreement between MEDCALLASSIST and you may be brought in a different jurisdiction if MEDCALLASSIST and you both agree to such different jurisdiction in writing.
- Any cause of action or claim you may have with respect to MEDCALLASSIST must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
- Should arbitration and/or litigation occur between the parties, all reasonable arbitration and/or litigation expenses, including collection expenses, witness fees, court fees, and attorney’s fees incurred by the party determined to be the prevailing party shall be paid by the non-prevailing party to the prevailing party.
- Any dispute arising out of or relating to this Agreement, including the breach, termination or validity hereof, shall be finally resolved by arbitration in accordance with the rules of JAMS by a single arbitrator who shall be reasonably acceptable to all parties. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of the arbitration shall be in Anchorage, Alaska, unless otherwise agreement by both MEDCALLASSIST and you in a signed writing.
XXII. Notices and How to Contact Us.
- MEDCALLASSIST 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 MEDCALLASSIST database.
- You may give notice to MEDCALLASSIST at any time by clicking on below link, which link will direct you to an online contact form, or by letter delivered by first class postage prepaid U.S. mail or overnight courier to MEDCALLASSIST, 250 Cushman St. Ste 4J, Fairbanks AK 99701, Attn: Member Support.
- Specific questions and comments should be directed to the appropriate department via our “Contact Us” page: http://www.medcallassist.com/contact/.