CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE WEBSITE, APP, PRODUCTS, OR SERVICES. USING THE WEBSITE, APP, PRODUCTS, OR SERVICES INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THE THE WEBSITE, APP, PRODUCTS, OR SERVICES ARE NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED.
(b) Format of Agreement. By accessing the Website, App, Products, and Services, or becoming a Member, you consent to have this Agreement provided to you in electronic form. You may request a non-electronic copy of this Agreement at any time. To receive a non-electronic copy of this Agreement, please send an e-mail to email@example.com or a letter and self-addressed stamped envelope to Sраrtасus Management Grоuр Inс., 88 SOUTH ЗRD ST, STE 127, SAN JOSE СА 95113, PRIVACY OFFICER
(c) Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. To withdraw your consent, please send an email to firstname.lastname@example.org or a letter and self-addressed stamped envelope to Sраrtасus Management Grоuр Inс., 88 SOUTH ЗRD ST, STE 127, SAN JOSE СА 95113, PRIVACY OFFICER. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password, and you will not have the right to use the Website, App, Products, and Services unless, and until, we issue you a new username and password. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
2. Eligibility and Acknowledgment. By using the Website, App, Products, and Services, you acknowledge and agree that (a) the Services and the Products are provided at the sole discretion of the Providers; (b) the Services and the Products are limited to diagnosis and treatment of those non-emergent medical conditions appropriate for diagnosis and treatment using email, telephone and/or telecommunications; (c) accessing the Services and the Products are from a state other than a state which MEDvidi operates is prohibited, and you confirm that you are physically located in a state which MEDvidi operates when you request to use the Services and/or the Products; (d) the Services and the Products are currently not reimbursable by Medicare, Medicaid or any other government health care program, and you agree not to use the Services and the Products for any services that are or might be reimbursable by such programs; (e) the Services and the Products may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations or other payors, but you may separately from MEDvidi seek reimbursement from any such payor for the cost of use of the Services and/or the Products (f) you are at least 18 years of age or accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (g) if you are seeking services on behalf of a child, dependent or another person for whose medical care you are responsible, your approval of the terms of this Use Agreement will bind such other person to these terms.
3. Non-commercial Use by Members. The Website, App, Products, and Services are for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Website, App, Products, and Services for any purpose. Illegal and/or unauthorized uses of the Website, App, Products, and Services may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive action. Use of the Website, App, Products, and Services is with the permission of MEDvidi, which may be revoked at any time, for any reason, in MEDvidi’s sole discretion.
4. Charges on Your Billing Account.
(a) General. MEDvidi bills you through an online account (your “Billing Account”) for use of the Services and/or Products. You agree to pay MEDvidi all charges at the prices then in effect for any use of the Services and/or the Products by you or other persons (including your agents) using your Billing Account, and you authorize MEDvidi to charge your chosen payment provider (your “Payment Method”) for the Services and/or the Products. You agree to make payment using that selected Payment Method. MEDvidi reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Current Information Required. You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify MEDvidi if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure of your user name or password.
(c) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method (the “Payment Method Provider”). If MEDvidi does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
5. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify MEDvidi of any unauthorized use of your username or password or any other breach of security related to your account, and (b) ensure that you exit from your account at the end of each session. MEDvidi will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign-in feature if you have linked your MEDvidi account to any electronic mail service or another account.
6. Content on MEDvidi Website and App. Spartacus Management Group, Inc. owns and retains all proprietary rights in the Website, App, Products, and Services. The Website and the App contain the copyrighted material, trademarks, and other proprietary information of Companies and their licensors. Except for that information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
7. Prohibited Activities. MEDvidi reserves the right to investigate and terminate your membership if you have misused the Services and/or the Products, or behaved in a way that could be regarded as inappropriate or engaged in conduct that is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service: • You will not express or imply that any statements you make are endorsed by MEDvidi without our specific prior written consent. • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services and/or the Products or their contents. • You will not post, distribute, remove or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. • You will not interfere with or disrupt the Services and/or the Products or the site or the servers or networks connected to the Services and the Products or the Website and the App. • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services and/or the Products. • You will not “frame” or “mirror” any part of the Services, or the Products, or the App, or the Website, without MEDvidi’s prior written authorization. You will not use meta tags or code or other devices containing any reference to MEDvidi or the Services or the Products or the App or the Website in order to direct any person to any other website for any purpose. • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, the Products, the App and/or the Website or any software used on or for the Services, the Products, the App, and/or the Website or cause or enable others to do so.
8. Permission to Treat. By completing your registration through the Website, you give permission to the Providers to provide you with medical care. You may withdraw this consent at any time by no longer seeking care from EzCare or by providing notice to EzCare of such withdrawal. EzCare has the right to refuse access to the Service to any person at any time, for any reason, or for no reason at all.
9. Modifications to Services and Products. MEDvidi reserves the right at any time to modify or discontinue, temporarily or permanently, the Services and/or the Products (or any part thereof) with or without notice. You agree that MEDvidi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services and/or the Products.
10. Copyright and Trademark. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. The trade names, trademarks, service marks, logos, and slogans contained in the Website and in the App are the trade names, trademarks, service marks, logos and slogans of the Companies and/or their subsidiaries and affiliates (each a “Mark” and collectively the “Marks”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos and slogans contained in the Website and/or in the App that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners.
12. Disclaimers Regarding the Services and the Products. YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE PRODUCTS IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE WEBSITE AND/OT THE APP ARE NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED, AND AGREE THAT YOU WILL SEEK CARE ELSEWHERE IN THE EVENT OF A MEDICAL EMERGENCY OR URGENT HEALTHCARE NEED. The Services and the Products are not a replacement for your primary care physician or annual office check-ups. The Services and the Products are not an online pharmacy. IMPORTANT: MEDvidi Providers are licensed and authorized by the U.S. Drug Enforcement Agency to prescribe elective medications, narcotic pain relievers, or drugs listed as controlled II-V substances by the U.S. Drug Enforcement Agency. You agree that any prescription obtained through the Services from a Provider will be used only for its intended use. MEDvidi does not guarantee that a specific medication will be prescribed if requested.
13. Disclaimers Regarding the Website and the App. MEDvidi is not responsible for any incorrect or inaccurate content posted on the Website or in the App or in connection with the Services and/or the Products, whether caused by users of the Website and/or the App, Members, or by any of the equipment or programming associated with or utilized in the Services. MEDvidi is not responsible for the conduct, whether online or offline, of any user of the Website and/or the App or Member of the Services. MEDvidi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. MEDvidi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any Website or the App or combination thereof. Under no circumstances will MEDvidi or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the App or the Products or the Services, any content posted on the Website and/or the App or transmitted to Members, or any interactions between users of the Website and/or the App, whether online or offline. The Website, the App, the Products, and the Services are provided “AS-IS” and MEDvidi expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MEDvidi cannot guarantee and does not promise any specific results from the use of the Website and/or the App and/or the Products and/or the Services.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or the App is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. MEDvidi makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or the App.
14. Links. The Website, the App, the Products, and/or the Services or 3rd parties may provide links to websites operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any web site to which the Website and/or the App provides a link, nor are we liable for your reliance on or use of any information or materials contained in them.
15. User Feedback You may be asked to provide feedback on your MEDvidi experience. This feedback is always optional and your choice. This feedback may be hosted and stored at a 3rd party site. You agree to not provide any personally identifiable information when providing feedback.
16. Limitation of Liability To the extent permitted by law, in no event will MEDvidi be liable to you or any 3rd person for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Website, or the App, or the Products, or the Services. Notwithstanding anything to the contrary contained herein, MEDvidi’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MEDvidi for the Services during the term of membership.
17. Indemnity by You. You agree to indemnify and hold MEDvidi, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any 3rd party due to or arising out of (a) your use of the Website or the App or the Products or the Services in violation of this Agreement, (b) your failure to comply with applicable laws and regulations; and/or (c) your breach of this Agreement and/or any breach of your representations and warranties set forth above.
18. Arbitration of Disputes.
(a) It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this Agreement were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.
(b) You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all treatment or services provided by MEDvidi or physicians employed or engaged by MEDvidi, including a spouse or heirs and any children, whether born or unborn at the time of the occurrence giving rise to any claim. This includes, but is not limited to, all claims for monetary damages exceeding the jurisdictional limit of the small claims court, including, without limitation, suits for loss of consortium, wrongful death, emotional distress or punitive damages. You further understand and agree that if you sign this Agreement on behalf of some other person for whom you have responsibility, then, in addition to myself, such person(s) will also be bound by this agreement to arbitrate, along with anyone else who may have a claim arising out of the treatment or services rendered to that person. You also understand and agree that this agreement to arbitrate relates to claims against MEDvidi or physicians employed or engaged by MEDvidi and any consenting substitute physician, as well as the physician’s partners, associates, association, corporation or partnership, and the employees, agents, and estates of any of them. You also hereby consent to the intervention or joinder in the arbitration proceeding of all parties relevant to a full and complete settlement of any dispute arbitrated under this Agreement, as set forth in the Medical Arbitration Rules of the California Medical Associations and the California Hospital Associations (the “Rules”).
(c) You agree that the arbitrators have the same immunity from civil liability as that of a judicial officer when acting in the capacity of arbitrator under this agreement to arbitrate. This immunity shall supplement, not supplant, any other applicable statutory or common law.
(d) YOU UNDERSTAND THAT YOU DO NOT HAVE TO SIGN THIS AGREEMENT TO ARBITRATE IN ORDER TO RECEIVE THE SERVICES OF MEDVIDI OR ITS EMPLOYED OR ENGAGED PHYSICIANS, AND THAT IF YOU DO SIGN THIS AGREEMENT TO ARBITRATE AND CHANGE YOUR MIND WITHIN 30 DAYS OF TODAY, THEN YOU MAY CANCEL THIS AGREEMENT ARBITRATE BY GIVING WRITTEN NOTICE TO MEDVIDI WITHIN 30 DAYS OF THE DATE OF YOUR SIGNATURE BELOW STATING THAT YOU WANT TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS AGREEMENT. SHOULD YOU CHOOSE TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS AGREEMENT, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT.
(e) On behalf of yourself and all others bound by this agreement to arbitrate as set forth in Paragraph 19(b), agreement is hereby given to be bound by the Medical Arbitration Rules of the California Medical Associations and the California Hospital Associations, as they may be amended from time to time, which Rules are hereby incorporated into this Agreement.
19. Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the App and/or the Products and/or the Services, by using the Website and/or the App, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
20. No 3rd Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no 3rd party beneficiaries to this Agreement.
21. Acknowledgment of Terms and Electronic Signature. You certify that you have read, accept, and hereby consent to the terms of this Agreement, and your acceptance of these terms constitutes your electronic signature to this Agreement. You agree that you may be sent electronic notices to the email address provided during your registration for the Services and/or the Products. Any notice sent to that email address will be effective once delivered, regardless of whether or not you actually received the notice or choose to read it. This Agreement constitutes the sole agreement between you and MEDvidi for your use of the Services and the Products, and any further statements or inducements, oral or written, not contained in this Agreement shall not bind either you or MEDvidi. Any of the terms of this Agreement which are invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement.
22. Referral Policy. Personal invite links should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However public distribution on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. MEDvidi reserves the right to suspend your account and/or revoke any and all referral credits at any time if we feel they were earned inappropriately.
23. Text Messaging. By creating an Account, you agree that the Services and/or the Products may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from MEDvidi at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
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I agree to comply with this Agreement, on behalf of myself and on behalf of any other person on whose behalf I am seeking medical care. I understand and agree that if I fail to comply with the terms of the Agreement, I may be prohibited from using the Services and/or the Products, and I will hold MEDvidi harmless from any liability arising from my failure to comply.
I hereby certify that I am at least 18 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 Services and/or the Products. I further certify that I am physically present in a state in which MEDvidi operates at the time that I am accessing the Services and the Products. I understand and acknowledge that my ability to access the Services and the Products is conditional upon the abovementioned criteria of my certification of age, legal authority, and physical presence in states where MEDvidi operates at the time that I access the Services and that the Providers rely upon this certification in order to interact and facilitate health care services with me.
NOTICE: BY SIGNING THIS AGREEMENT I AM AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND I AM ARE GIVING UP MY RIGHT TO A JURY OR COURT TRIAL. SEE PARAGRAPH 19 OF THIS AGREEMENT.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.