This Agreement made between MedProtectOne Telehealth (“MPO”) a Delaware corporation and any person using its services and products.
UPON ENROLLMENT, YOU AGREE TO BE BOUND BY THESE TERMS OF MEMBERSHIP. YOU SHOULD READ THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR USE OF THIS WEBSITE, ANY OF OUR SERVICES OR THOSE OF OUR SERVICE PROVIDERS, PARTNERS, OR AFFILIATES INDICIATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW. THIS WEBSITE OR THE SERVICES OFFERED CANNOT BE USED BY ANYONE UNDER THE AGE OF 18 OR ANYONE LACKING THE LEGAL CAPACITY TO ENTER INTO THESE TERMS AND CONDITIONS.
Membership Benefits: As an MPO Member/Subscriber, You are entitled to access products and services offered by participating vendors at rates that have been negotiated by MPO. Benefits may not be available in all circumstances and any listed or quoted prices are subject to change without notice. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion. In no event is MPO providing (a) medical advice or (b) services and products directly (other than access to its negotiated rates for services and products provided by third party vendors).
Membership Terms:Your Membership is effective immediately upon your subscription payment inclusive of any Free Trial Offers, and enrollment in the program and shall continue on a month-to-month or quarter-to-quarter basis until cancelled as described below. You may cancel your Membership at any time by contacting Us via email at cancel@digitalodeon.com.
Payment of Membership Fee:The payment of your membership fee is made automatically by a charge to the payment source that you provide to us through a telephone enrollment or enrollment via a website in advance each month. Except to the extent that applicable law explicitly requires a longer notice period, we reserve the right to terminate your Membership at any time without notification, including in the event that We are unable to bill the membership to your Payment Source.
Use of Membership:Your Membership is non-assignable, non-transferable
and cannot be resold.
This website and services offered by us, our service providers, partners or
affiliates are NOT FOR use for medical emergencies or urgent situations. If
you believe there is an emergency or that someone needs immediate
medical assistance, please call 911 and seek immediate medical help. This
website and any services offered are NOT intended to be used in emergency
circumstances.
Your interaction with any services providers through us is not intended to
replace your relationship with your existing primary care physician. We are
not an insurance product nor a prescription fulfillment warehouse. Any
physicians, therapists and healthcare practitioners that you may come into
contact with via your relationship with us reserve the right to deny care for
actual or potential misuse of these services. Regardless of the situation, the
services offered do not include the provision of medical care by
MedProtectOne. Rather, we enable access to service providers who have
agreed to provide patient care through our platform.
We (and our service providers) operate subject to state regulations and
prescriptions may not be available in your state. We are not a drug
fulfillment warehouse. In the event that any of service providers does
prescribe a medication, he/she will limit the supply based on state
regulations and will only prescribe a medication, as determined appropriate
in his/her sole discretion and professional judgment.
You agree that any prescriptions that you acquire from our service providers
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.
In order to determine your compliance with these Terms of Use we reserve
the right, but not the obligation, to monitor your access to and the use of the
site and the Services. We may, in our sole discretion, refuse to provide care
for actual or potential misuse of these services, or for noncompliance with
these Terms of Use. In addition, we may contact you by telephone, mail or
email to verify certain information, confirm certain actions and generally
take measure to prevent fraud.
Disclaimer of Liability:You agree that We and our managers, members, officers, employees, subsidiaries, affiliates, partners and providers are not responsible or liable for any Benefits provided by participating vendors and, if You have any claims relating to such Benefits, you will make your claim against the vendors providing the Benefit.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION
PROVIDED TO YOU.. We do not guarantee, nor are responsible for, the quality
of products or services provided by any independent vendors.
We reserve
the right to eliminate, add, change and substitute Benefits and participating
vendors without notice to You in our sole discretion. We assume no
responsibility for the payment of or contribution to any use or sales tax on
the Benefits which may be imposed by taxing authorities, and such taxes, to
the extent imposed, shall remain your sole responsibility or that of the
provider of the Benefits, as the case may be.
NO EVENT SHALL WE OR
ANY OF OUR AFFILIATES, PARTNERS AND PROVIDERS OR ANY OF THEIR
RESPECTIVE DIRECTORS, MANAGERS, MEMBER, OFFICERS, EMPLOYEES,
AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING
OUT OF OR IN CONNECTION WITH THE YOUR MEMBERSHIP WHETHER OR
NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. OUR MAXIMUM LIABILITY HEREUNDER SHALL BE THE AMOUNT PAID
BY YOU ON A MONTHLY BASIS.
THIS PROVISION SHALL SURVIVE THE
TERMINATION OF YOUR MEMBERSHIP. WE AREIN NO WAY PROVIDING
MEDICAL ADVICE OR ACTING AS AN INSURER HEREUNDER.
We make no representation or warranty as to the content of any treatment response from any service providers. Service providers are third parties and not our employees. Furthermore, any services offered are not a substitute for your primary care. If you require urgent care, you should contact your local emergency services immediately. No information found on our website should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by via MDLIVE or Ally Health.
Interaction With Our Providers:You acknowledge and agree that our providers may require additional information or documentation from You prior to providing Benefits. Such provider shall be solely responsible for any health data or information provided to them by You. You are solely responsible for your interactions with our participating providers. Please do not provide any information to us (especially information or data related to your health) except as requested by us to process your enrollment.
Entire Agreement :This Agreement contains all of the terms and conditions of Membership and no representations, inducements, promises or agreements concerning the Membership not included in this agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. We reserve the right to modify the Terms of Use periodically, for any reason, and without notice.
Governing Law & Arbitration :THIS MEMBERSHIP AGREEMENT AND THE
TERMS OF MEMBERSHIP SHALL BE GOVERNED AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF CALIFORNIA, WITHOUT GIVING EFFECT TO
THE CHOICE OF LAW PROVISIONS THEREOF. Any claim, dispute or
controversy between You and Us (or made by or against anyone connected
with You or Us, or claiming through You or Us) arising from or relating to your
membership (MedProtectOne), including Claims regarding applicability or
validity of this arbitration provision, shall be resolved by binding arbitration
in accordance with the rules of the American Arbitration Association (except
for any AAA rules providing for class claims or class arbitration) then in
effect, subject to this Membership Agreement.
The arbitration shall be
conducted before a single arbitrator, applying to the Claims the substantive
laws of Delaware. If any legal proceeding is brought for the enforcement of
any of these Terms of Use or the Privacy Policy or because of an alleged
dispute, breach, default or misrepresentation in connection with any
provision of any of these Terms of Use or the Privacy Policy, the successful or
prevailing party or parties shall be entitled to recover reasonable attorney
fees, sales and use taxes, court costs and all expenses even if not taxable as
court costs (including, without limitation, all such fees, taxes, costs and
expenses incident to arbitration, appellate, bankruptcy and post-judgment
proceedings), incurred in that proceeding, in addition to any other relief to
which such party or parties may be entitled.
Attorney fees shall include,
without limitation, paralegal fees, investigative fees, administrative costs,
sales and use taxes and all other charges billed by the attorney to the
prevailing party (including fees and costs associated with collecting such
amounts).
You have the right to cancel within the first 7 days of each month or each quarter payment to receive a full refund for that period's membership fee payment. In the event that applicable law or regulation requires a longer refund period, we will honor such longer period. To request a refund please contact us via email at cancel@digitalodeon.com.