Last Updated December 9, 2013
These Terms apply to the use of the website located at www.medicast.co, as well as all associated sites (collectively, the “Site”) linked to www.medicast.co by Medicast Inc., its subsidiaries and affiliated companies (collectively, “Medicast”), the services available through the Site and the telephone (the “Services”) and any software, including software that Medicast provides to you that allows you to access the Site from a mobile device (a “Mobile Application”).
Do not use our Services or or this Site for emergency medical needs. If at any time you experience a medical emergency, call 911 immediately or go to the nearest emergency room (ER) immediately.
Children are not eligible to use this Site or our Services. Protecting the privacy of children is very important to us. We do not collect or maintain personal information from people we actually know are under 18 years old. If we later obtain actual knowledge that a user is under 18 years old, we will take steps to remove that user’s personal information from our databases. By using our Services and the Site, you represent that you are at least 18 years old.
You are only eligible to use our Services if you are located within our service area, which is available in detail on the Medicast website.
Terms of Service
Medicast welcomes you. You should carefully read these Terms before registering as a member of this Site or using any Service Medicast provides. By accessing or using this Site or any Service, registering an account with the Service, or using the Service to request a physician, you are agreeing to these Terms.
Please read the agreement and, if you agree to the terms and conditions, indicate your acceptance by checking the “agree” box on the registration page. If you do not agree to these Terms, do not use this Site or any Service provided by Medicast.
Copyrights and Trademarks
Copyright © 2013 Medicast, Inc. All Rights Reserved.
Medicast and the pin drop logo are trademarks of Medicast, Inc. registered in the U.S.
Apple, the Apple logo, iPad, and iPhone, are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Android is a trademark of Google Inc.
All other trademarks and copyrights (including names and logos) are the property of their respective owners.
Description of Medicast Services
Medicast is a healthcare technology service that connects patients with physicians on-demand to deliver high-quality and compassionate care in the comfort of the home, office, or workplace. The Service will automatically transmit your location which will be communicated with a nearby, on-call physician, who will then call you and choose whether or not to be dispatched to your location. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms. You are responsible for all equipment necessary to access Medicast.
Medicast services are available as a pay-per-use model, which means that you pay only when engaging with a house-call physician, and also as a membership model, which means that you pay a recurring monthly fee in exchange for credits and discounts for physician visits and other services provided by Medicast.
Authorized Use; Restrictions on Use
Medicast provides content through the Site and through the Services that is copyrighted and/or trademarked work of Medicast or Medicast’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Medicast hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. This Site and the Mobile Applications are owned and operated by Medicast. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, republish, upload, post, transmit, distribute or in any way exploit in any way any Material from this Site without express permission from Medicast. The download of the entire or portions of any Material or the Site is prohibited. Violation of these restrictions may result in legal action for injunction, damages or both. Attempts to reverse-engineer the Site or any Materials are prohibited. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Medicast makes available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Medicast does not warrant that the Mobile Application will be compatible with your mobile device. Medicast hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Medicast may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Medicast and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Medicast provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Medicast only, and not with Apple, Inc. (“Apple”).
- Your use of Medicast’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- Medicast, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that Medicast, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that Medicast, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Medicast’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
Medicast makes available Web Applications to access the Site via a computer, tablet, or mobile device. To use the Web Application you must have a computer, tablet, or mobile devicethat is compatible with the web application. Medicast does not warrant that the Web Application will be compatible with your computer, tablet, or mobile device. Medicast hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Web Application for one registered account on one computer, tablet, or mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Web Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Web Application to any third-party or use the Web Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Web Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Web Application, features that prevent or restrict use or copying of any content accessible through the Web Application, or features that enforce limitations on use of the Web Application; or (v) delete the copyright and other proprietary rights notices on the Web Application. You acknowledge that Medicast may from time to time upgrades the Web Application, and may automatically electronically upgrade the version of the Web Application that you are used to using on your computer, tablet, or mobile device. You consent to such automatic upgrading on your computer, tablet, or mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Web Application or any copy thereof, and Medicast and its third-party licensors or suppliers retain all right, title, and interest in and to the Web Application (and any copy of the Web Application). Standard data access charges may apply to your use of the Web Application.
The following additional terms and conditions apply with respect to any Web Application that Medicast provides to you designed for use on a computer, tablet, or mobile device:
- You acknowledge that these Terms are between you and Medicast only
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our Web Application (e.g., you must not be in violation of your data service terms of agreement when using the Web Application).
Use Of Our Services
Medicast’s medical related services begin with a simple telephonic consultation, followed by an in-person meeting between you and a licensed physician, at a location of your choosing. The Mobile Applications and Site are exclusively for account management and physician requests only. No medical care or advice shall be provided directly to you from our Mobile Applications or our Site, and you should not provide any health information using our Mobile Applications or Site
Using the Site and the Services on the Site.
You can simply view the Site and not use any Services on the Site. You need not register with Medicast to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, such as requesting services from a healthcare provider, you must register with Medicast for an account and receive a password.
Password Restricted Areas of this Site.
If you desire to register for an account with Medicast, you must submit the following information through the account registration page on the Site: First name, last name, phone number, email address. You will also have the ability to provide additional optional information, such as credit card details, billing address, which is not required to register for an account but may be helpful to Medicast in providing you with more a more customized experience when using the Site or its Services. Once you have submitted your account registration information, a Medicast administrator shall have the right to approve or reject the requested registration, in the Medicast administrator’s sole discretion. If your account is approved by the Medicast administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Medicast Password”) for the first time you log into your account on the Site to complete the account registration process.
You are responsible for maintaining the confidentiality of your Medicast Password, and you are responsible for all activities that occur using your Medicast Passwords. You agree not to share your Medicast Password, let others access or use your Medicast Password or do anything else that might jeopardize the security of your Medicast Password. You agree to notify Medicast if your Medicast Password is lost, stolen, if you are aware of any unauthorized use of your Medicast Password on this Site or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly through the Mobile Application and making the desired changes or contacting Medicast using the contact information at the end of these Terms requesting that we make the change.
Medicast connects you with nearby, on-call licensed health care medical service providers (“Physicians”), allowing them to diagnose and deliver medical treatments in-person. Medicast performs thorough background checks on Physicians to ensure that they currently are not, nor have they been, party to a malpractice case, have not been charged under allegations of substandard treatment, have been convicted of a felony or other major crime, and that they are in current good standing with the medical board.
The Physicians that Medicast connects you with are not employees of Medicast. Medicast, Inc. is not a provider of health care services and takes no part in your medical diagnosis and/or treatment. Neither Medicast nor any of our licensors or suppliers shall be liable for any professional advice obtained from a health care professional in-person or via telephone, as provided by our service, nor for any information obtained on our Site. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any health care providers we provide or information provided by our health care providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law. Consult with your regular licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.
Services provided via Medicast are direct to consumer, self-pay services. We do not accept insurance or other health coverage and the Services may not be covered under any health benefit plan or insurance coverage plan. You will be responsible for all fees for the Services provided by this Site. No deductible, co-pay or co-insurance or similar coverage expenses or benefits apply. You are solely responsible for all charges incurred by using our Service, including your in-person visits from a Physician. You are not liable for any charges beyond those specifically set forth and charged for the Services you are accessing through this Site and pursuant to these Terms. Physicians are prohibited from charging any fees or amounts to a health plan program, Medicare or Medicaid program.
Pay Per Use Fees
Pay Per Use fees refer to the charges for services rendered on a Pay Per Use model, that is, services delivered on a single or recurring basis, without an active membership.
Usage of the Service requires a valid credit card, and all the billing will automatically be performed by Medicast on behalf of the Physicians, per the total services rendered and accepted according to the standard pricing guides. Charges on your credit card will appear to be from “Medicast, Inc.”
There are fixed fees that will be charged depending on the services provided, starting with a standard fee for having a doctor come to you and for a basic examination and prescription. On certain times and days, additional after-hours, off hours, or weekend fees may also apply. The list of standard fees is available on our Site. The Physicians will also disclose all of the fees prior to rendering the medical services.
After requesting a physician, a cancellation fee of $100.00 may apply if you cancel the request.
Once you have received medical services from a Physician, you will not be able to terminate your request (as the service has already been provided), and all fees are due immediately and non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Service (either planned, intentional, accidental, or for any reason whatsoever). In the event that an excess charge is made, please contact firstname.lastname@example.org and Medicast will process the refund within 14 days. Medicast reserves the right to determine final prevailing pricing–pricing information published on the website or application may not reflect the prevailing pricing.
You are not liable for any charges or fees if the Physician declines your visit for any reason.
By signing up for Medicast and using our service, you are not entering into a physician/patient relationship with Medicast. You may be entering into a physician/patient relationship with a nearby on-call physician that Medicast connects you with, who may request information about your medical history, may ask personal medical questions and inquire as to your physical status (collectively referred to herein as “Medical History”).
You understand that your Medical History is shared with Medicast and is maintained by the Physician. The Physician’s use and protection of your Medical History will be described in his/her notice of privacy practices. You acknowledge your understanding that no system of storing your Medical History may be 100% secure.
You understand that there is no guarantee that a Physician will prescribe any medication at all, and that specific treatments or therapy are not guaranteed. You understand that all Physicians will operate in a professional manner and in accordance with relevant state regulations, laws and codes, and medical ethics requirements that have been established.
You understand all Physicians reserve the right to deny care for potential misuse of services, if they feel that their life may in any way be threatened or jeopardized, or as otherwise required by law or reasonable medical ethics concerns.
Physicians are responsible for complying with regulatory and local requirements for malpractice and liability insurance. All interactions with Physicians are between you and the licensed health care expert. By using the Service, you agree to not hold Medicast liable in any way for any malpractice or substandard treatment the Physician may render.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Medicast. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Medicast. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Physicians will also contact you via telephone prior to being dispatched to your location to ensure that they are equipped to handle your medical case.
Violations Of Terms
You acknowledge that your access to any of our Services shall be, in our sole discretion, immediately suspended or revoked, and these Terms shall be terminated if you violate any material provision of these Terms. You acknowledge and agree that a violation of these Terms by you will result in irreparable injury that will entitle us to obtain any and all remedies and relief available by law, including without limitation obtain a court order prohibiting you from using any service that we provide.
You agree to be responsible for any act or omission of any users that access services under your Account or using your Password that, if undertaken by you, would be a violation of these Terms, and that such act or omission shall be deemed a violation of these Terms by you.You agree not to access or use any Service we provide for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the Terms laid out herein. You shall not sign up or request a physician under a false name. You shall not attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use any of our Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the any aspect of our website or equipment for any purpose.
When using this Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
- Alter the opinions or comments posted by others on this Site.
- Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Medicast reserves the right to terminate access to your account, your ability to post to this Site (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that Medicast determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Medicast may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Medicast’s discretion, Medicast will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Medicast is a trademark of Medicast, Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Medicast, Inc. Copyright © 2013. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application and Web Application software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
THIRD PARTY CONTENT AND MONITORING
Parties other than Medicast may offer and provide products and services on or through Medicast’s Site or Mobile Application. Except for Medicast branded information, products or services that are identified as being offered by Medicast, Medicast does not operate, control, or endorse any information, products, or services on the Medicast Site or Mobile Application acessible through the Site or Mobile Application in any way. Medicast is not responsible for examining or evaluating, and Medicast does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Medicast does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Links to Third Party Sites.
You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third Party Sites. Medicast is providing links to the Third Party Sites to you as a convenience, and Medicast does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT MEDICAST WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply Medicast’s endorsement or recommendation.
Medicast does not promise or guarantee that the information provided in the Site or through the Services is correct, current, or complete, and furthermore may contain technical inaccuracies or typographical errors. Medicast does not warrant that the functions contained in the Materials or the Service will be uninterrupted or error-free, that defects will be corrected, or that the Sites made available are free of viruses or other harmful components. You (and not Medicast) assume the entire cost of all necessary maintenance, repair, or correction. Medicast assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.
You agree to indemnify, defend, and hold harmless Medicast, its parent company, officers, directors, employees, managers, shareholders, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, and/or resulting from actions or omissions related to your interaction with the Physician.
YOU EXPRESSLY AGREE THAT USE OF SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDICAST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. MEDICAST MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MEDICAST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDICAST OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MEDICAST OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF MEDICAST TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES OR (II) $199 DOLLARS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Local Laws; Export Control
Medicast controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Medicast, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Medicast is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Medicast is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and governs your access to the Site and the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The validity, interpretation, construction and performance of these Terms will be governed by the laws of the State of Georgia, without giving effect to the principles of conflict of laws. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of [insert site, applications, services] or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not assign your rights under these Terms without our prior written consent, and any attempted assignment will be null and void.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Medicast, Inc., PO Box 5156 Alpharetta GA 30023. If you have a question or complaint regarding the Site or Service, please contact Customer Service at email@example.com. You may also contact us by writing Medicast, Inc., PO Box 5156 Alpharetta GA 30023. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact Medicast for any reason, you can reach us at Support Team at firstname.lastname@example.org or at