Healthcare Provider Terms of Use

OnCall Healthcare Technology

Healthcare Provider Terms of Use

Effective January 1, 2018

ONCALL HEALTHCARE TECHNOLOGY LLC (OnCall Health Tech) exists to improve access to healthcare, and we hope you’ll make great use of our service.  These terms explain your rights and responsibilities when using OnCall Health Tech. If you have any questions, feel free to contact us at info@oncallhc.com. You can also learn more at www.oncallhc.com. Thank you so much for choosing OnCall Health Tech.

The following terms and conditions constitute an agreement between you (“Healthcare Provider”) and ONCALL HEALTHCARE TECHNOLOGY LLC (“OnCall Health Tech”, “we”, “us”  or “our”), the operator of ONCALLHC.com (the “Site”) and related websites, applications, services and mobile applications provided by OnCall Health Tech and on/in which these Terms of Use is posted or referenced (collectively, the “Services”). These terms of use (the “Terms of Use”), together with our PRIVACY POLICY, (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, both as a non-registered user and as a registered user.

Please note that we offer the Services “AS IS” and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and shall be able to show proof of authorization.

BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY AND AFFIRM THAT IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES.

1. ABOUT THE SITE

To use our site, receive a referral or take part in any provider network opportunities, you must authorize the use and disclosure of your information for purposes of allowing us to provide our Services and as otherwise disclosed in our Privacy Policy. You acknowledge the provision of such Content does not create a medical professional/patient relationship between OnCall Health Tech and any patient/client, and does not constitute an opinion, medical advice, diagnosis or treatment, but is provided to assist patients with locating appropriate medical care from one of OnCall Health Tech’s doctor, dentist or other healthcare specialist, professional or provider (collectively, “Provider Network”). “Content” means content, text, files, data, graphics, images, documents, photographs, video, images, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to patient questions or postings.

ALL CONTENT MADE AVAILABLE BY ONCALL HEALTH TECH THOUGH THE SERVICES AND/OR SITE, IS THE PROPERTY OF ONCALL HEALTH TECH. NO CONTENT MAY BE COPIED, DISTRIBUTED, MODIFIED, REPRODUCED, PUBLISHED, OR USED, PARTLY OR IN WHOLE, UNLESS OTHERWISE AUTHORIZED OR APPROVED IN WRITING BY ONCALL HEALTH TECH.

BY AGREEING TO THESE TERMS YOU ACCEPT THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO PATIENTS, CLIENTS, PROVIDERS OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES AND/OR SITE. IF YOU RELY ON ANY CONTENT PROVIDED THROUGH THE SITE OR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

2. HEALTHCARE PROVIDER AGREEMENT

HEALTHCARE PROVIDERS USING OUR SITE OR SERVICE ARE INDEPENDENT.

HEALTHCARE PROVIDER AGREES TO USE OUR SITE AND SERVICES IN ACCORDANCE WITH THEIR SCOPE OF PRACTICE AND ALL APPLICABLE STANDARDS OF CARE, LAWS, MEDICAL OR BOARD RULES, OR OTHER RULES AND REGULATIONS APPLICABLE TO THE HEALTHCARE PROVIDER OR OTHER PROFESSIONAL USING OUR SITE.

THE HEALTHCARE PROVIDER IS RESPONSIBLE FOR ALL AGREEMENTS, CONSENT FORMS, BILLING AND COLLECTIONS, AND ALL INTERACTIONS WITH OTHER HEALTHCARE PROVIDERS, PATIENTS/CLIENTS OR ANY OTHER USERS ON OUR SITE. ONCALL HEALTH TECH SHALL NOT BE LIABLE FOR ANY UNPAID BALANCES, COLLECTIONS, CONSENTS FORMS, AGREEMENTS OR INTERACTIONS WITH OTHER HEALTHCARE PROVIDERS, PATIENTS/CLIENTS OR ANY OTHER USERS OF OUR SITE OR SERVICE.

Healthcare Provider shall not misrepresent their licensure, service, qualification, board certification or attempt, in any other way, to mislead users. All content supplied to OnCall Health Tech, Healthcare Providers, Patients/Clients or other users of our site must be accurate and clearly represent your skills, qualifications, education, experience, pricing and any other informational factors which Patients/Clients or Healthcare Providers may rely on when requesting service. OnCall Health Tech may exclude Healthcare Providers who, in OnCall Health Techs discretion, have engaged in inappropriate or unprofessional conduct.

3. NO DOCTOR PATIENT RELATIONSHIP.

ONCALL HEALTH TECH DOES NOT PROVIDE MEDICAL ADVICE. BY AGREEING TO THESE TERMS, YOU ACCEPT THAT NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BETWEEN ONCALL HEALTH TECH AND ANY OTHER USER (INCLUDING YOUR PATIENTS/CLIENTS, OTHER HEALTHCARE PROVIDERS, REFERRED PATIENTS/CLIENTS OR ANY OTHER PATIENT/CLIENT USING OUR SITE OR SERVICE). PATIENTS/CLIENTS WILL NEVER HAVE A HEALTHCARE PROVIDER/PATIENT RELATIONSHIP WITH ONCALL HEALTH TECH.

HEALTHCARE PROVIDERS ARE SOLELY RESPONSIBLE FOR THEIR USE OF OUR SITE, UTILIZATION OF OUR SERVICES AND ALL MEDICAL DECISIONS. AS SUCH, HEALTHCARE PROVIDERS RELEASE ONCALL HEALTH TECH AND WAIVE ANY AND ALL POTENTIAL CLAIMS AGAINST ONCALL HEALTH TECH AS A RESULT OF THE HEALTHCARE PROVIDERS USE OF OUR SITE, SERVICES AND/OR MEDICAL DECISIONS.

The patient medical relationship will be between the patient and his/her Healthcare Provider. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever. The patient may be charged before their scheduled appointment with a Healthcare Provider. If a Healthcare Provider fails to complete a visit, the charge will be refunded to the patient.

Patients/clients are strongly advised to perform their own investigation prior to selecting a Healthcare Provider by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Provider by confirming with the Healthcare Provider’s office, their current Healthcare Providers, the medical association(s) relevant to the Healthcare Provider’s specialty and their state medical board(s).

4. ELECTRONIC COMMUNICATIONS POLICY AND CONSENT

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we, OnCall Health Tech, provide to you in connection with any appointment request, informational notification, announcement, update or other communications to or from inquiries from our site or services. Your consent gives permission to communicate with you electronically in regard to any activity on, including the products and services accessed through, our site or service and is not specific to any inquiry or transaction.

Communications include, as applicable:

communications about your account, changes, updates, charges and requests, and any adverse action from patients/clients;

Terms, conditions and policies you agree to, including updates to these agreements or policies;

any disclosures we are required to give you; and

any other information relating to your relationship with us.

We will provide these Communications to you by posting them on our site, within your e-clinic account, by email, through text messaging, telephone call or by connecting with you on your e-clinic account. It is your responsibility to keep your registered email address, phone number and other contact information up to date so that we can communicate with you electronically.

5. REGISTRATION

As part of the registration process, OnCall Health Tech will provide user ID and password identifiers. These are your identifiers for accessing our Services. Healthcare Provider agrees to keep identifiers private and not share with anyone else. You must immediately notify us if your information has been stolen or compromised by sending an email to info@oncallhc.com.

6. SITE ACCESS, SECURITY AND PASSWORDS

PORTIONS OF OUR SITE MAY ONLY BE ACCESSIBLE WITH A USER ID AND PASSWORD (“PROTECTED AREAS”). HEALTHCARE PROVIDERS AGREE TO ACCESS PROTECTED AREAS USING ONLY THE USER ID AND PASSWORD PROVIDED TO YOU BY ONCALL HEALTH TECH. HEALTHCARE PROVIDER AGREES TO PROTECT THEIR USER ID AND PASSWORD. HEALTHCARE PROVIDER WILL NOT SHARE OR DISCLOSE THEIR PASSWORD TO ANY OTHER THIRD PARTY USER.

HEALTHCARE PROVIDERS USING OUR SITE OR SERVICE ARE INDEPENDENT. HEALTHCARE PROVIDERS ARE RESPONSIBLE FOR ALL ACTIVITY ASSOCIATED WITH THEIR USER ID (INCLUDING BUT NOT LIMITED TO UNAUTHORIZED ACCESS, VISIT CHARGES, UNAUTHORIZED USAGE, COMMUNICATION, INFORMATION, ACCOUNT CHANGES OR PROFILE UPDATES)

7. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT

HEALTHCARE PROVIDER RELATIONSHIPS AND LISTS

In connection with using the Site and the Services, you understand that:

YOU ARE THE FINAL PERSON RESPONSIBLE FOR YOUR USE OF OUR SITE, UTILIZATION OF OUR SERVICES, ALL ACTIVITY ASSOCIATED WITH YOUR USER ID AND ALL MEDICAL DECISIONS.

OnCall Health Tech uses reasonable efforts to ensure that OnCall Health Tech Healthcare Providers only participate in Telemedicine Services, Online Visits, Work Visits, Office Visits, Home Visits and Other Location Visits if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. OnCall Health Tech may exclude Healthcare Providers who, in OnCall Health Tech’s discretion, have engaged in inappropriate or unprofessional conduct.

We will provide patients/clients with lists and/or profile previews/views of Healthcare Providers who may be suitable to provide the telemedicine healthcare services that the patient/client is seeking based on information that you provide to us (such as healthcare specialty). In an effort to aid in the discovery of Healthcare Providers and enable the maximum choice and diversity of Healthcare Providers participating in our Services, these lists and/or profile previews may also be based on other criteria (including, for example, Healthcare Provider availability, location, accepted insurance plans, patient/client preferance, and past experience of OnCall Health Tech users with Healthcare Providers); but OnCall Health Tech (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any fees from Healthcare Providers for referrals or for featuring them (i.e., higher or better placement on lists) through the Telemedicine Services (subject to the Sponsored Results as described below).

If a health complaint cannot be resolved through telemedicine, patient/client agrees to follow up care through an office visit or home visit as ordered by the Healthcare Provider. The patient will have the option to accept or decline further care. However, if patient declines further care as ordered by the Healthcare Provider, Healthcare provider will not be held liable for any resulting complications.

8. THE SERVICES AND CONTENT AS INFORMATIONAL AND EDUCATIONAL RESOURCES

We make our Services available as a service to Healthcare Providers and to consumers from Healthcare Providers for the purposes of providing an informational and educational resource. We may, but have no obligation to, have Content posted through the Services reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content is not guaranteed. Neither the authors, the editorial personnel, nor any other party involved in the preparation or publication of this work can guarantee that the Content contained herein is accurate or complete, and they will not be responsible for any errors or omissions or for the results obtained from the use of such Content. You are encouraged to independently confirm the Content contained on our site and service.

8.1 Healthcare Provider Content:

Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content is both provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the Site nor OnCall Health Tech provides any advice or qualification certification about any particular Healthcare Provider. You are encouraged to independently verify such Content.

8.2 Procedures/Products/Services:

The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

9. YOUR PERSONAL INFORMATION

In order to register, you must provide certain information about yourself. Also, you may opt to voluntarily share additional information in order to benefit from all the Services we provide. Our Privacy Policy details how we may use, share and maintain your information, which may include without limitation your name, address, and contact information; education, licensure, experience and skills; billing information; and other information that is either requested by OnCall Health Tech or voluntarily provided (“Personal Information”). By submitting such information, you authorize OnCall Health Tech, its employees, agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the Services constitutes your agreement to it.

10. HEALTHCARE PROVIDER RESPONSIBILITIES

OnCall Health Tech Services are provided for a fee based on account type and total number of monthly account visits, (see OnCall Health Tech Pricing Page for charges and fee amounts). Usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will be entirely your responsibility. You must resolve any dispute between you or any patient/client arising from any transaction hereunder directly with the patient/client. You are responsible for all use of the Services and for all use of your User ID and password, including use by others. You may only use the Site and the Services for lawful, purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.  In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder.

11. CHANGES TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS

11.1 Changes to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included through the Services, and the use of new services will be governed by this Agreement. You agree that OnCall Health Tech will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.

11.2 Additional Terms

Certain of the Services may have additional terms (including without limitation policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.

12. LINKS TO OTHER SITES

The Services may include links to other websites, including links provided for scheduling and payment services and automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.

13. HEALTHCARE PROVIDER’S USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain OnCall Health Tech’s proprietary information. We give you permission to use the aforementioned content and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, re-publish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither OnCall Health Tech nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by OnCall Health Tech to you are retained by OnCall Health Tech.

14.  NO WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NONINFRINGING.

WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE

USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY

NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ONCALL HEALTH TECH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. ONCALL HEALTH TECH DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR FREE, BUG FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

15. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN THE ADDITIONAL TERMS), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN THE ADDITIONAL TERMS), IF ANY, REMITTED TO AND RETAINED BY ONCALL HEALTH TECH FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE A ARIZONA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO ARIZONA CIVIL CODE SECTION 1542, WHICH SAYS “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”.

16. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Identifier. We may also cancel or suspend your registration for any other reason, including non-payment of applicable fees due to OnCall Health Tech or inactivity for an extended period. OnCall Health Tech shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Sections 3, 4, 5, 6, 7, 11, 13, 14, 15, and 16 shall survive any termination or expiration of these Terms of Use.

15. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement (including without limitation the Terms of Use, the Acceptable Use Policy, and the Additional Terms), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

16. MISCELLANEOUS

16.1 Electronic Contracting; Copyright Dispute

Your affirmative act of using the Services and/or registering for the Services constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy and Additional Terms, and your consent to enter into agreements with us electronically.

16.2 Changes to These Terms of Use

We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

16.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

16.4 Choice of Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Arizona as applied to contracts made and to be performed entirely within Arizona, without giving effect to the state’s conflicts of law statute.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.

Neither you nor we will participate in a class action or classwide arbitration for any claims covered by this Agreement to arbitrate.

YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR

CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

16.5 Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of OnCall Health Tech to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16.6 Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

16.7 Assignment

We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our OnCall Health Tech to another entity.  You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

16.8 Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

By accepting, I acknowledge that I have reviewed, understand and accept the Terms of Use of ONCALL HEALTHCARE TECHNOLOGIES LLC.

Questions? Email us at info@oncallhc.com