Housecalls Doctors Medical Group, Inc., a California professional medical corporation and Residentialist Housecall Medical Group, a Pennsylvania professional medical corporation
Effective Date: May 25, 2022
THESE TERMS INCLUDE DISCLAIMER OF WARRANTIES (Section 13), LIMITATION OF LIABILITY (Section 14), AND ARBITRATION OF DISPUTES (Section 17).
The information contained in the Websites is not meant to replace the advice of or treatment by health care professionals. Always contact a qualified health care professional for any medical symptoms or medical conditions. Never disregard professional health care advice or delay in seeking it because of something you have read on the Websites.
If this is an emergency, call 911 or go to the nearest hospital.
1. General; Your Agreement to these Terms
2. Updates and Changes
3. Permitted Users
The Websites are directed to persons 18 years of age or older, and are not directed to persons under 18 years old. The Websites and Company do not knowingly collect information from persons under age 18.
4. Use of Websites
You are authorized to view, print, and download Material solely for your personal, noncommercial use and solely for its intended purposes. You agree not to create derivative works of any Materials, and not to sell, lease, license, repurpose, modify, display, perform or otherwise use, including, without limitation, reproduce, duplicate, distribute, transmit, republish, copy, or exploit, the Material or derivative works thereof for any public or commercial purpose, unless specifically authorized in writing by Company.
You must keep all copyright and other intellectual property or proprietary notices, acknowledgements, credits, marks or logos contained on any Material printed or downloaded, and may not remove, obscure or modify such notices.
You will not use the Websites in violation of any laws including, without limitation, those pertaining to the fraud and abuse or anti-kickback provisions of the federal Medicare and Medicaid laws.
All trademarks, service marks, trade names, logos, domain names, URLs and icons appearing on the Websites, registered or not, are the property of Company or their respective owners. You have no right or license to use any of the marks, service marks, trade names, logos, domain names, URLs and icons that appear on the Websites, other than in dealings with WH, without the express written permission of Company or the applicable owner. Unauthorized use may violate trademark and other laws. Any third party names or trademarks referenced on the Websites do not constitute or imply affiliation, endorsement or recommendation by WH, or of Company by the third parties.
6. Links and Linking Policy
7. User Conduct
You agree not to engage in any of the following activities in connection with your use of the Websites:
- circumventing, modifying or interfering with; attempting to circumvent, modify or interfere with; or encouraging or assisting any other person in circumventing, modifying or interfering with any security measures, technology or software that is part of the Websites;
- any activity that involves the use of software viruses, worms, spyware or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or otherwise permit the unauthorized use of or access to a computer or a computer network;
- any automated use of the Websites;
- damaging, disabling, disrupting, overburdening or impairing the Website or interfering with any other party’s use and enjoyment of the Websites;
- taking any steps to interfere with, or in any manner compromise, any security measures employed by the Websites;
- engaging in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining information from the Websites; or
- attempting to decompile, reverse engineer, disassemble, modify, hack or create derivative works from the Websites or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Websites.
8. User Submissions
A Website user who submits any User Submission is solely responsible for that User Submission. Disclosure, use of or reliance on User Submissions by others is entirely at your own risk. Company does not endorse or verify any User Submission, and is not liable in any way for any User Submission. Company may but has no obligation to pre-screen User Submissions, and may refuse, edit, modify, delete and/or move any User Submission in its sole discretion. Company is not liable in any way for such removal.
By using the Websites, you may be exposed to User Submissions that are inaccurate or that you find offensive or objectionable. You agree that you will not rely on any User Submission and that you bear all risks from exposure to or use of any User Submission.
By making any User Submission, you represent and warrant that (i) your User Submission is truthful and is your own original work; (ii) you own all right, title and interest in your User Submission, including copyrights; (iii) you and any other person mentioned or shown in your User Submission are 18 years old or older, and you, they, and your and their representatives, agents, heirs, executors and assigns, grant Company the rights described hereunder, and release all claims concerning WH’s or its designees’ use, modification or distribution of the User Submission; (iv) your User Submission does not violate any applicable laws or regulations, or the terms or rules of any platform, does not include any confidential or private information of any third party, and does not infringe or violate any other person's or entity's rights; (v) your User Submission does not contain any automated devices, bots, viruses, scripts, or any similar software, or any commercial or marketing material. You further represent and warrant that you have not been and will not be paid or compensated by anyone else for posting your User Submission, and no third party agent, manager or anyone else is entitled to be paid or compensated as a result of your User Submission.
By making any User Submission, you grant the Company Parties (defined in Section 17 below) an irrevocable, assignable, sub-licensable, worldwide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your User Submission, along with your name or username or a fictitious name and place of residence, caption, text, tags, or any part thereof, in WH’s discretion, and to use or incorporate the User Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or other claims for any use of User Submission.
On behalf of yourself and your representatives, agents, heirs, executors, administrators and assigns, you hereby release the Company Parties from and against all claims, damages, losses, injuries, death or liability of any kind arising from or relating, in whole or in part, directly or indirectly, to your User Submissions or its use pursuant to these Terms. You acknowledge that you are familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Being aware of said code section, you hereby expressly waive any rights you may have thereunder, as well as any other statute or common law principles of similar effect.
Company may, at its sole discretion, immediately and without notice, suspend or terminate your use or any user's use of the Websites or any portion thereof, including, without limitation, your online account, or block your or any user's access to information available via the Websites, at any time for any reason. You agree that Company shall not be liable to you or any third party for any such suspension or termination.
10. Accuracy of Information
Although Company periodically validates and maintains the Websites, Company makes no guarantees as to their correctness, completeness, or accuracy. The Websites may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Websites by third parties without our knowledge. If you believe that information found on the Websites is inaccurate or unauthorized, please inform us by contacting firstname.lastname@example.org.
11. Privacy and Security
The privacy and security of your protected health information is very important to us. For more information, please review Company's Notice of Privacy Practices to understand Company 's practices regarding the privacy and security of your protected health information.
12. Permission for WH's Communications With You
You give Company permission to transmit email, texts, push notifications or postal mail to you or to telephone you. Unsubscribe instructions are included in each promotional email or text.
- If you receive an email from Company and want to unsubscribe, please let us know by following the applicable instructions that are included in the email you received. Please note that unsubscribe requests for promotional e-mails may take up to ten (10) business days to become effective.
- If you provide a phone number to WH, you agree that you are the authorized user of that number and that you may receive text messages and telephone calls from Company and its associates, including but not limited to artificial or pre-recorded messages, or via an automatic telephone dialing system, even if your phone number is on a Do Not Call Registry. Calls to Company may be recorded and monitored. You are not required to receive text messages or calls from Company as a condition (directly or indirectly) of user of Company services or to use the Company websites.
You may not decline to receive or unsubscribe from communications regarding your transactions, dealings with Company or the Websites, or technical information about the Websites.
13. DISCLAIMER OF WARRANTIES
THE WEBSITES (INCLUDING, WITHOUT LIMITATION, ANY MATERIAL, AND ALL RELATED PRODUCTS AND SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Company AND ITS SUPPLIERS, VENDORS, LICENSORS, AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS, UNINTERRUPTED AVAILABILITY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Material or access to the Websites is free of viruses or other harmful code. The Websites and Material are provided for informational purposes only, for your review and evaluation.
Please note that once you leave the Websites, either by using a link Company may provide or by specifying your own destination, Company accepts no responsibility for the content, products and/or services provided at any third-party locations or websites. Company does not control, endorse, promote or have any affiliation with any other website unless expressly stated on the Websites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with access to, use of or reliance on any content, material or information available on or through any other website or resource.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
14. Limitation of Liability
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Company were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of our services).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. The Disclaimer and Limitation of Liability shall be to the maximum extent permitted by applicable law.
15. Copyright Infringement Claims
Company respects the intellectual property of others. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Websites (providing URL(s) in the body of an email is the best way to help Company locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright owner's behalf.
16. Modifications to this Website
Company reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Websites, or any portion thereof, with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Websites.
17. Governing Law and Disputes; Class Action Waiver; Arbitration
If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Company agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.
The Websites are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Websites from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Company does not represent that the Websites or Material are appropriate outside the United States of America. Company reserves the right to limit the availability of the Websites to any person, geographic area or jurisdiction at any time in its sole discretion.
You agree that resolution of disputes pursuant to this section shall proceed as follows:
- First – Try To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to our service or these Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of WH’s actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Subsection (D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Subsection (A). Your notice to us must be sent to: email@example.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Company and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Company to resolve the Dispute or Excluded Dispute on terms with respect to which you and WH, in each of our sole discretion, are not comfortable.
- Binding Arbitration. If we cannot resolve a Dispute as set forth in Subsection (A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND Company (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH OUR SERVICE OR ADVERTISING AVAILABLE ON OR THROUGH OUR SERVICE. For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between Company and you regarding these Terms and our service, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Company and you agree, however, that the applicable state, federal or provincial law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Company regarding these Terms and our services, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Company consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in Los Angeles County, California. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Company to pay a greater portion or all of such fees and costs in order for this section to be enforceable, then Company will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or our service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
- Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SUBSECTION (A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
- Injunctive Relief. The foregoing provisions of this section will not apply to any legal action taken by Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to our services and/or WH’s intellectual property rights (including such Company may claim that may be in dispute), WH’s operations, and/or WH’s products or services.
- No Class Action Matters. YOU AND Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Subsection (B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Subsection (F). Notwithstanding any other provision of this section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
- Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles County, California. Accordingly, you and Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
- Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
18. Force Majeure
Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.