Terms of Use | eCareNow TeleHealth

eCareNow TeleHealth

Effective Date: June 1st, 2019

These Terms of Use form a legal agreement between eCareNow,LLC (“eCareNow”, “eCareNow Telehealth”, “us”, “we”, “our”) and you, the individual ("you" and "your") in reference to the access to and use of the various services offered through the www.ecarenow.net site (‘Site”) and the Platforms which eCareNow uses to provide telehealth services.

Use www.ecarenow.net site and/or the Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.

eCareNow TeleHealth uses it’s Site as well as Doxy.me, Zoom, Medici, PushHealth, Dr.First (iPrescribe), and TalkEhr platforms for advertising purposes, establishing connections with the clients, communicating, storing the information, obtaining payments, and providing services.

These Terms of Use are posted on our Site. You can access and read it anytime. The current version will be always available and the date of the last update will be posted at the upper left corner of the document. By using the Websites and/or the above named Platforms, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all use of and access to all of the Websites and Platforms. Please print a copy of these Terms of Use for your records.

Modifications to the Terms of Use.

eCareNow may in its sole discretion, without prior notice to you, revise the Terms of Use at any time. Should these Terms of Use change materially, eCareNow will update the effective date noted above and post a notice regarding the updated Terms of Use on the Websites. The amended Terms of Use will also appear on the site when the site is accessed by you. We recommend you to read it carefully, and always check for the last date it was updated. If you do not agree to the terms of use, your sole and exclusive remedy is to discontinue your use of the Websites and Platforms and you will be deemed to have terminated these Terms of Use. Amended Terms of Use will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.

Access to the platforms

As was mentioned above, eCareNow uses several different third party platforms for secure connection with you. We do our best to select the platforms that meet HIPAA requirements and are appropriate for health care services. However, eCareNow does not owe the platforms, nor is responsible for their terms of use, or privacy policy. If you want to learn about terms of use, and private policies of those third party platforms, please find it on their websites or applications. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access the Platforms and you must not disclose this information to anyone. You must immediately notify eCareNow office of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by email to info@ecarenow.net.

eCareNow’s role

eCareNow is not an insurance provider nor are we a prescription fulfillment warehouse. Our role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services. eCareNow is an independent from healthcare providers who will be providing such telemedicine services to you through the Platforms and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. eCareNow does not engage in the practice of medicine or provide any other health services.

Your representation

By registering on the website or the Platforms, and/or by scheduling a video conference with eCareNow provider(s) you represent and warrant the following: (a) you are at least eighteen (18) years of age and ready to verify by showing your driver’s license, (b) you have the legal ability and authority to enter into these Terms of Use with eCareNow, (c) the information you have provided to eCareNow in your registration is accurate and complete, (d) you will comply with any and all laws applicable to your use of the Websites and Platforms, (e) you will not interfere with a third party's use and enjoyment of the Websites and Platforms, (f) you will not interfere with or disrupt eCareNow or its vendors' security measures, (g) if any information you provide to eCareNow becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify eCareNow, (h) you acknowledge that access to the healthcare services provided through the Platforms are not "insured services" under any provincial health plans, (i) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by eCareNow or its representatives that such healthcare services will be made available to you, and (j) you are accessing the Websites and Platforms for yourself.

Termination

If you violate these Terms of Use, your ability to use the Websites and/or Platforms will be terminated. eCareNow may, in its sole discretion, terminate your access to the Websites and/or Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy eCareNow may have available at law. Further, eCareNow shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms of Use by ceasing to access and use the Websites and Platforms. Upon any termination of these Terms of Use you must immediately cease use of the Websites and Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited uses

In using the Websites and Platforms, you agree not to:

Send or otherwise transmit to or through the Websites and Platforms
any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites and Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity or affiliation in any way;
Restrict or inhibit any person from using the Websites and
Platforms, disclose personal information obtained from the Websites and Platforms or collect information about users of the Websites and Platforms;
Breach or otherwise circumvent eCareNow security or authentication measures; and
Assist or permit any persons in engaging in any of the activities described above.
Gain unauthorized access to the Websites and Platforms, to other
users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites and Platforms;
Launch or use any automated system, including without limitation,
"robots," "spiders," or "offline readers," that access the Websites and Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through the Websites and Platforms
chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
Reverse engineer, disassemble or decompile any section or technology
on the Websites and Platforms, or attempt to do any of the foregoing;
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
Violate any applicable laws or regulations in any way;
Alter or modify any part of the content or services offered on or through the Websites and Platforms;
Allow any other person to use the Platforms with your registration or login information;

Intellectual property rights and content

eCareNow is the sole and exclusive owner of the www.ecarenow.net website but not the Platforms, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and Platforms and any related materials and documentation. No title or ownership of the Websites and Platforms or any portion thereof is transferred to you hereunder. eCareNow reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites and/or Platforms.

You may provide input, comments or suggestions regarding the Websites and Platforms or eCareNow Services ("Feedback"). You acknowledge and agree that eCareNow may use any Feedback without any obligation to you and you hereby grant eCareNow a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as eCareNow may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

External links

The Websites and Platforms contain links to third-party websites. eCareNow uses legit and reliable third party websites for patient education, making payments, or any other purposes. However, linked sites are not under the control of eCareNow, and eCareNow is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that eCareNow endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. eCareNow disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

Indemnification and limitation of liability

You agree to defend, indemnify and hold eCareNow, its medical providers,, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers, harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Teladoc Health of any other information or data and the use of same by eCareNow or other eCareNow Party as contemplated hereunder.

IN NO EVENT SHALL eCareNow BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

eCareNow shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond eCareNow reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Children

eCareNow health care provider(s) do not provide ONLINE care for children under the age of 16yo. By using the Websites or Platforms, you affirm that you are 16yo or older.

Choice of law and jurisdiction

eCareNow Telehealth office is located in the state of Maryland. These Terms of Use are governed by the laws of Maryland. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Maryland in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms of Use are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Personal information and privacy policy

In these Terms of Use, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and Platforms and any other information that identifies who you are. Personal Information will be used by eCareNow solely in accordance with these Terms and Conditions, and eCareNow and Mobile Privacy Policy (or as otherwise agreed upon between you and eCareNow in writing).

You agree that eCareNow has the right to monitor and review your use of the Websites and Platforms from time to time, and to use "cookies", "log files" and your "browsing data" in accordance with the Cookie Policy.

Entire agreement

These Terms of Use constitute the entire agreement between you and eCareNow as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between eCareNow and you.

Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of USe to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with eCareNow’s prior written consent. eCareNow may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. I

Contact / Notices

If you have any questions about the Terms of Use or need to provide notice to, or communicate with, eCareNow under the Terms of Use, please contact eCareNow using the following contact details:

eCareNow, LLC

176 Thomas Johnson Drive, Ste 203

Frederick, MD 21702

P:240-815-5978

F:844-605-1850

info@ecarenow.net

eCareNow may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.