En Español: Terminos de Uso del Sitio Web de CareNow

Welcome to the CareNow website! TMC HealthCare dba CareNow (“CareNow” or “We”) provides this website (“Website”) to you in order to provide you access to certain telemedicine services and consultations (“Services”) provided by CareNow qualified Physicians (each a “Provider”).

Your access to this Website is subject to your agreement with all these Terms of Use as set forth below. These Terms of Use together with our Notice of our Privacy Practices and your Registration Agreement constitute the agreement between you and CareNow regarding use of this Website (“Agreement”).

Should you choose to register to access the non-public portions of this Website (“Patient Portal”) in order to make a Service request, your use of this Website is also subject to the Patient Registration Agreement (“Registration Agreement”) that you agree to during the registration and enrollment process, which is also part of your Agreement with CareNow. All references to “Website” in these Terms of Use expressly include and apply to the Portal.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW. PLEASE PRINT A COPY OF THESE TERMS OF USE FOR YOUR REFERENCE.

Modifications to this Agreement

CareNow MAY REVISE THESE TERMS OF USE AT ANY TIME. SHOULD WE MAKE ANY REVISIONS, CareNow WILL NOTIFY YOU AND ALL USERS BY POSTING A NOTICE REGARDING THE REVISIONS ON THIS WEBSITE. REVISIONS WILL BE EFFECTIVE AS OF THEIR POSTING UNLESS OTHERWISE STATED. BY ACCESSING OR USING THIS WEBSITE AFTER SUCH REVISIONS ARE POSTED, YOU AGREE AND CONSENT TO ALL SUCH REVISIONS.

No Medical Advice

CareNow does not provide medical advice. The content made available to you on this website is to be used for informational purposes only to provide you information on and access to the Services.

CareNow uses commercially reasonable efforts to ensure the accuracy of the content, but CareNow does not guarantee the sequence, accuracy, or completeness of the content and shall not be liable in any way to you, or anyone else to whom the content maybe furnished, for any delays, inaccuracies, unavailability, errors or omissions in the content. Such content is relied upon at your own risk and sole discretion.

Website Content and Access

CareNow reserves the right without prior notice to discontinue any Website features, functions or content available on this Website at any time without incurring any obligations to you or any other party. Statistics provided on this Website are based upon patient and physician reporting and survey responses. Individual results from use of the Website or Services may vary.

Ownership

The content on this Website, including without limitation the text, graphics, logos, button icons, images, video, and audio clips, digital downloads, data compilations, and software, is owned or licensed by CareNow, the Providers or their respective affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on this Website, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Website is also the exclusive property of CareNow, the Providers or their respective affiliates or vendors and is also protected by United States and international intellectual property laws. This Website may contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

Submissions

Should you send CareNow any postings, feedback or data about our Website or use of our Website, such as ideas, comments and suggestions or questions, such information will not be given confidential treatment. CareNow will not have any obligation of any kind to you with respect to any postings, feedback or data that you submit. Your submission of such postings, feedback and data affects an assignment to CareNow of such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign all such postings, feedback and data to CareNow without charge. As the sole and exclusive owner of such postings, feedback and data, CareNow will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and how-how) into any CareNow product or service or this Website without compensation to your of any kind.

Any submissions through the Website in connection with the Services pursuant to the Registration Agreement will be maintained as confidential as required by law and Care Now’s obligations to the Providers.

License to Access

You may view, copy, print and use content contained on this Website solely for your own personal or internal use, provided that: (1) it is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Website is modified or framed in any way; and (3) no graphics available from this Website are used, copied or distributed separate from CareNow text. The use of any content for commercial purposes is expressly prohibited. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mare or other intellectual property of CareNow or any third party, except as expressly provided in this section.

You may not access, use or copy any portion of the Website through the use of indexing agents, spiders, scrapers, bots, we crawlers, or other automated devices or mechanisms. You agree not to remove or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content.

You may not use, copy, modify, duplicate, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of this Website or rent or sell use of or access to (such as on a time share or service bureau basis) this Website, or any of the content or materials on this Website. You may not permit third parties to access this Website or use any Website content and may not make any other use of the Website or any Website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by CareNow. You may not harvest or collect information about others including e-mail address. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the Website will not be permitted.

You understand and agree that CareNow reserves the right to terminate or suspend your access to and use of the Website in part or in whole at any time without notice in the event CareNow believes in its sole discretion that (i) you have violated a provision of our this Website Terms of Use, Patient Registration Agreement and or our Notice of Privacy Policies , (ii) you have used or misused the Website in a manner that CareNow has determined is unlawful, unethical or otherwise inappropriate, (iii) such action is reasonably necessary to protect a third party or CareNow or if such action is otherwise required by law, or CareNow ceases providing the Services.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data and for any other form of damage that may be incurred.

Third Party Websites

This Website may contain links to, or be accessed through links on, websites, managed and operated by or on behalf of third party entities. These third parties are separate and independent of entities and are not agents of CareNow. CareNow does not have control over such third party websites or the content of such websites. As a result, CareNow does not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third party website to which this Website may link or from which this Website may be accessed.

 

No Endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, CareNow name or otherwise does not constitute or imply the endorsement or recommendation of such CareNow. Any views expressed by third parties on this Website are solely the views of such third party and CareNow assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Warranty Disclaimer

THIS WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” CareNow MAKES NO REPRESENTAITON OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE OR THE INFORMATION OR MATERIALS IT CONTIANS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CareNow, THE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, NEITHER CAR CareNow NOW NOR THE PROVIDERS WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER CareNow NOR THE PROVIDERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELAIBITY, OR OTHERWISE.

WHILE CareNow TAKES COMMERCIALLY REASONABLE EFFORCTS TO PROTECT THE PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND TRANSACTIONS, CareNow CANNOT ENSURE ANY INTERNET TRANSACTIONS IS COMPLETELY SECURE CareNow AND ITS VENDORS USE INDUSTRY STANDARD TECHNOCLOGY TO HELP PROTECT AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER Care Now’s CONTROL; HOWEVER, CareNow DOES NOT GUARANTEE THAT SUCH LOSS, MISUES OR ALTERATION WILL NOT OCCUR.

YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN RISK. NEITHER CareNow, THE PROVIDERS, NOR THEIR RESPECTIVE VENDORS, AFFILIATES OR SUPPLIERS IS RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE WEBSITE OR ACCESS TO ANY SERVICES.

This Website may be unavailable from time to time due to mechanical, telecommunication, software, and third party vendor failures. CareNow cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, CareNow cannot and does not have any liability for such failures.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by CareNow on this Website, but CareNow is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.

No advice or information from CareNow or the Providers in any manner will created any warranty as to this Website or any product, service or material available through this Website. If for any reason you are not satisfied with this Website or its content, your sole remedy is to cease using this Website or such content, even if such remedy should fail or its essential purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL CareNow, THE PROVIDERS, OR ANY OF THEIR RESPECIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATON , ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARRISING FROM OR OTHERWISE RELATED TO THIS WEBSITE OR YOUR USE OF THE WESITE, WHETHER SUCH DAMAGES OR BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABLITY, OR OTHERWISE, EVEN IF CareNow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCES TO AND USE OF THE WEBSITE. NOTHWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF CareNow, THE PROVIDERS AND THEIR AFFILIATES AND VENDORS FOR ANY REASON SHALL NOT EXCEED ONE HUNDRED AN NO/100 ($100.00) US, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY OR HOLD HARMLESS CareNow, THE PROVIDERS, AND THEIR RESPECTIVE VENDORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO ATTORNEY’S FEES) THAT SUCH PARTY MAY SUFFER OR INCUR AS A RESULT OF (I) YOUR USE OF MISUE OF THE WEBSITE, (II) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF CareNow, OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR REGULATION, OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOINGS, CareNow RESERVES THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.

Disputes and Interpretation

This Agreement is governed by and interpreted under the laws of the State of Arizona, and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and access to the Website will be deemed it have been performed and occurred in the State of Arizona and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of Arizona, the County of Pima and waive any objections as to personal jurisdiction, venue and forum nonconveniens.

CareNow may seek injunctive or equitable relief through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Website or systems, without the posting of a bond, proof of damages, or other similar requirement.

Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unforeseeable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.

This Agreement, along with our Notice of Privacy Practices and where applicable Registration Agreement, arre the sole terms governing your use and access of this Website and supersedes all other agreements regarding use of the Website. Our electronically or otherwise properly stored copy of this Agreement will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of this Agreement in connection with any action or proceeding arising out of or relating to this Agreement. Any waiver of any portion of this Agreement will be effective only if in writing and signed by CareNow.

Effective September 1, 2018

Contact Us

If you have any questions about this Agreement, please contact us at: 1-855-754-6898.