MedCall Healthcare Advisors, LLC (collectively with its affiliates and/or wholly owned subsidiaries, “MedCall”, “we”, “us”, or “our”) owns and operates the website located at www.medcalladvisors.com and associated domains and mobile applications (collectively, the “Website”).  These Website Terms of Use (the “Terms”) apply to the Website’s visitors and users.

For the purpose of these Terms, “you” and “your” means you as the visitor or user of the Website. By using the Website, you expressly agree to the terms and conditions set out in these Terms. If you do not agree to these Terms, you should immediately cease all use of and access to the Website.

MedCall facilitates access to telehealth providers and related services; however, MedCall is neither an insurance carrier nor a health information provider. MedCall is independent from the healthcare providers who provide telehealth services and is not responsible for said healthcare providers’ acts, omissions, or any content of the communications made by them. MedCall does not engage in the practice of medicine.

The Website does not provide medical advice and does not constitute a provider/patient relationship. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 for all medical emergencies.

The Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with MedCall and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Your Obligations

By using the Website, you agree to comply with all laws applicable to the use of the Website; you will not interfere with a third party’s use of the Website, and you will not interfere with or disrupt the Website’s security measures. You agree not to:

• Gain unauthorized access to the Website, to other users’ accounts, names, personally identifiable information, or to other websites linked to the Website;
• Alter or modify any part of the content or services offered on or through the Website;
• Reverse engineer, disassemble or decompile any section or technology of the Website;
• Collect any information from the Website for any purpose other than individual personal use;
• Launch or use any automated system to access the Website for malicious purposes;
• Enable any virus, spyware or other computer code, file, or program that can damage or hijack the operation of any MedCall technology asset;
• Attempt, assist or permit any persons in engaging in any of the activities described above.

Intellectual property rights and content

MedCall is the sole and exclusive owner of the Website and its content, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website.

Information About You and Your Visits to the Website

All personal information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy.

External links

The Website may contain links to third-party websites. Linked sites are not under the control of MedCall, and MedCall is not responsible for the content of any linked site. Your use of third-party websites is entirely at your own risk and subject to the terms and conditions of use for said sites.

No endorsements

Reference to any third party by name, trademark, service mark, or otherwise does not imply endorsement or recommendation by MedCall. Any views expressed by third parties on the Website are solely the views of said third party and MedCall assumes no responsibility for the accuracy or veracity of any statement made by said third party.

No Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MEDCALL NOR ANY PERSON ASSOCIATED WITH MEDCALL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MEDCALL NOR ANYONE ASSOCIATED WITH MEDCALL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MEDCALL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

MEDCALL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

MedCall is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Website or phishing emails designed to appear to be sent from MedCall.

Indemnification and limitation of liability

You agree to indemnify, defend and hold harmless MedCall, its clients, and their respective affiliates, employees, officers, directors, members, managers, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) related to (i) your violation of these Terms, or (ii) your use, or misuse, of the Website or any services offered via the Website.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDCALL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Modifications to these Terms

MedCall may, at any time and from time to time, amend these Terms. Any changes will be effective immediately upon posting. You agree to review these Terms periodically and your use of the Website following any said change constitutes your agreement to follow and be bound by these Terms as amended.

Geographic Restrictions

We are based in the State of North Carolina in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Charlotte and County of Mecklenburg, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by MedCall of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MedCall to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Your Comments and Concerns

This website is operated by MedCall Healthcare Advisors, LLC, 1209Culbreth Drive, Suite 220, Wilmington, NC 28405.  All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]