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 firstname.lastname@example.org.
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.
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.
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.
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 email@example.com.