- Contractual Relationship
If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. GoGetDoc may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GOGETDOC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
If your use of the Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
GoGetDoc may amend the Terms from time to time. Amendments will be effective upon GoGetDoc's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
- Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against GoGetDoc on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against GoGetDoc, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against GoGetDoc by someone else.
Agreement to Binding Arbitration Between You and GoGetDoc.
You and GoGetDoc agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and GoGetDoc, and not in a court of law. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles.
You acknowledge and agree that you and GoGetDoc are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and GoGetDoc otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and GoGetDoc each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and GoGetDoc otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and GoGetDoc submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. GoGetDoc will not seek, and hereby waives all rights GoGetDoc may have under applicable law to recover attorneys' fees and expenses if GoGetDoc prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, GoGetDoc will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
- The Services
Free prescription discounts and coupons.
GoGetDoc offers prescription discounts and coupons, and prescription pricing information that are free to access.
GoGetDoc prescription discounts and coupons are not insurance. GoGetDoc prescription discounts and coupons can be used instead of, but not in conjunction with insurance. GoGetDoc prescription discounts and coupons are not intended as a substitute for health insurance. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. You are required to pay for all prescription drugs at the time of purchase. GoGetDoc does not make payments to any pharmacy or health care provider. GOGETDOC PRESCRIPTION DISCOUNTS AND COUPONS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.
Please note that cash payments that you make for medications using GoGetDoc prescription discounts and coupons may not count toward your prescription drug coverage out-of-pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using GoGetDoc prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. GoGetDoc cannot be combined with federal or state-funded programs like Medicare or Medicaid.
GoGetDoc prescription discounts, coupons, and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. GoGetDoc prescription discounts, coupons and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. GoGetDoc prescription discounts, coupons and prices may change at any time.
GoGetDoc Plus is a subscription service that offers specific prescription discounts and access to discounted Telehealth Services (see Telehealth Services section below) to members (“Plus Member”).
GoGetDoc Plus discounts are not insurance. GoGetDoc Plus can be used instead of, but not in conjunction with insurance. GoGetDoc Plus discounts are not intended as a substitute for health insurance. The range of the discounts will vary depending on the type of provider and services received. You are required to pay for all services at the time of purchase. GoGetDoc Plus does not make payments to any pharmacy or health care provider. GOGETDOC Plus DISCOUNTS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.
Please note that cash payments that you make for medications using GoGetDoc Plus prescription discounts may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using GoGetDoc prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. GoGetDoc Plus cannot be combined with federal or state-funded programs like Medicare or Medicaid.
GoGetDoc Plus prescription discounts and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. GoGetDoc Plus discounts and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. GoGetDoc Plus discounts and prices may change at any time.
In order to be a Plus Member, you must first register for an Account with GoGetDoc as set forth in Section 9 (User Accounts) below. You must then complete the registration process necessary to become a Plus Member by following the instructions set forth in the GoGetDoc Plus application and providing certain information to GoGetDoc, such as a payment method (“Payment Method,” which you may edit through the Plus Site under “My Account” and then “Settings”), name, email address, pharmacy, prescriptions, and any other information as requested by GoGetDoc (“Registration Data”). You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card or debit card and credit card or debit card information.
A Plus Member may add up to five (5) other people and pets who are in such Plus Member's immediate family (each, an “Add-On Member”). Each Add-On Member will have a separate Account and will be assigned a separate Card. Plus Members and Add-On Members must use the Cards assigned to them, although Plus Members and Add-On Members may use each other's cards interchangeably. Add-On Members may be any age, including under the age of 18, provided, however, that Add-On Members under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian and as such parent or legal guardian's Add-On Member.
Your Plus Membership starts on the date that you sign up for a Plus Membership and provide us with your Payment Method. You will be charged starting on the date of your Plus Membership unless you have a free trial period (as specified during your sign-up for the Plus Membership), and your Plus Membership will automatically renew and continue for one (1) month periods (each, a “Membership Cycle”) unless and until you cancel your Plus Membership or GoGetDoc terminates it. If you have a free trial period, as specified during your sign-up for the Plus Membership after your trial period ends (if any), your Plus Membership will automatically renew and continue for continuous Membership Cycles unless and until you cancel your Plus Membership or GoGetDoc terminates it. For example, if your Plus Membership starts on May 12, and your trial period ends on June 12, your Plus Membership will automatically renew for an additional Membership Cycle on June 12 unless you cancel prior to June 12, or GoGetDoc terminates your Plus Membership. If you cancel your Plus Membership at least one (1) day before the next Membership Fee is due, your Plus Membership and access to the Services will terminate on the day your next Membership Fee is due. Otherwise, GoGetDoc will bill you for an additional Membership Fee, and your Plus Membership and access to the Plus Services shall expire one month after your last paid Membership Fee. If you cancel your Plus Membership within the first thirty (30) days of your Plus Membership, you will receive a full refund of any Membership Fees paid. Amounts paid for medications and prescriptions are not refundable. You may cancel your Plus Membership and update your billing details by logging into your Plus account and visiting the Settings tab on the GoGetDoc mobile application at any time.
Free trial eligibility is determined by GoGetDoc at its sole discretion and GoGetDoc may limit eligibility to prevent free trial abuse. GoGetDoc reserves the right to revoke the free trial and put your Account on hold in the event that GoGetDoc determines that you are not eligible. Individuals, households, or members of an organization with an existing or recent GoGetDoc membership are not eligible. GoGetDoc may use information such as device ID, method of payment or an email address used with an existing or recent GoGetDoc membership to determine eligibility. For combinations with other offers, restrictions may apply. To view more details about your plan, visit the Plus Site and click the “Account” link to view your Account Settings page. You may also open the App, tap on the “Settings” tab, log into your Account, then tap “GoGetDoc Plus”, then tap the “Plan” section.
GoGetDoc may change the price for your GoGetDoc subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the GoGetDoc Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.
By starting your Plus Membership, you authorize GoGetDoc to charge your Payment Method a Plus Membership fee of the then-current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Plus Membership is cancelled, placed on hold or terminated. GoGetDoc reserves the right to change the timing of its billing, provided that GoGetDoc will adjust the amount it bills in accordance with any such change.
If GoGetDoc does not receive the Membership Fee from you, GoGetDoc may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and GoGetDoc, GoGetDoc reserves the right to revise any fees at any time in GoGetDoc's sole discretion.
If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to the Plus Site or any portion thereof.
GoGetDoc will bill the Membership Fee to you through a third party provider (currently, Stripe, Inc.) GoGetDoc uses to process payments for the Services from your financial service provider. The third party provider alone collects and manages your payment information, including without limitation any credit card numbers; GoGetDoc does not store or have access to any of your payment information. You may have the option of establishing a payment account with the third party provider to facilitate recurring payments, which would then be subject to separate terms and conditions. Click here for more information how Stripe collects, uses and protects your payment information.
Once you are a Plus Member, you will have access to pharmacies in the network without any waiting period. You can see a current list of GoGetDoc Plus participating pharmacies on the Plus Site, or by calling 1-855-487-0694. Please reach out to 1-855-487-0694 to request specific contact information for your department of insurance or service of process information for a specific state.
If you are a Plus Member, you may place your Plus Membership on hold when and for so long as you wish through the Plus Site. While your Plus Membership is on hold, you will not be charged Membership Fees (as defined below), provided that you submit the request to place your Membership on hold at least five (5) days before the start of the next Membership Cycle to avoid billing of the next Membership Fee.
If you are a Plus Member, you may cancel your Plus Membership by logging into your GoGetDoc Plus account and visiting the Settings tab on the GoGetDoc mobile application. Unless you have a discounted membership fee, you will be charged $5.99 for the individual plan or $9.99 for the family plan for each Membership Cycle prior to or at the beginning of each Membership Cycle, unless you cancel your subscription at least one day before your Membership Fee is due. If you cancel your Plus Membership at least one day before the next Membership Fee is due, your Plus Membership and access to the Services will terminate on the day your next Plus Membership Fee is due. Otherwise, GoGetDoc will bill you for an additional Membership Fee, and your Plus Membership and access to the Services shall expire one month after your last paid Membership Fee. If you cancel your Plus Membership within the first thirty (30) days of your Plus Membership, you will receive a full refund of any Membership Fees paid. Amounts paid for medications and prescriptions are not refundable. You will be charged to the credit card number you provided. You may cancel your subscription and update your billing details on your account page.
GoGetDoc reserves the right to modify or terminate the Services, your status as a Plus Member, your Add-On Members' status as such and access to the Services and/or your access to the Services by terminating or deactivating your Account or canceling your Plus Membership for any or no reason, without notice, at any time and without liability to you. If your Plus Membership is terminated, you may still have access to your Account, and we may retain any content that you posted or data that you generated through your Account and use of the Services or delete it, and all rights granted to you in these Terms will immediately cease. You acknowledge and agree that your only recourse against GoGetDoc in the event GoGetDoc terminates your Plus Membership is a pro-rated discount of the monthly fee paid for the Services calculated as of the date your Plus Membership was cancelled. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Each Plus Member and Add-On Member may view their own prescription history on the Plus Site. If you are a Plus Member, you may automatically view the prescription history of Add-On Members who are under the age of 14, and you may view the prescription history of Add-On Members who are over the age of 13 only with the permission of the Add-On Member (which permission you may request through the Plus Site). If you view the prescription history of Add-On Members, or you request that a mail delivery prescription be fulfilled on behalf of a family member or dependent, you represent and warrant that you have permission to do so and to view the prescription information related to your request and your family member.
Manufacturer Programs. You may also choose to provide us with information to determine your eligibility for and to enroll in a pharmaceutical manufacturer’s copay card program. Such information may include your name, address, insurance information (such as whether you have commercial or government insurance), age and residency status. We do not control, operate or endorse in any respect information, products or services provided by such third parties and in no event shall GoGetDoc be responsible or liable for any products or services of such third party providers, including pharmaceutical products. In some cases, we contract with pharmaceutical manufacturers to provide the manufacturer-sponsored coupons. The pharmaceutical manufacturers we contract with may change from time to time. We may be compensated for displaying the manufacturer-sponsored coupons on our applications and websites.
Home Delivery. In connection with your use of the Services, we may offer access to prescription delivery services via third parties. GoGetDoc does not endorse such third-party services. In no event shall GoGetDoc be responsible or liable for any products or services of such third-party providers, including pharmaceutical products. If you elect to sign up for recurring prescription deliveries, you authorize us to charge your credit card or debit card on file on a recurring basis (which may vary depending on your specific prescription) for the applicable amount of the prescription plus any fees until you cancel automatic refills on your Account. The price of your prescription may change between refills. You may cancel your delivery at any time by visiting your Account. You must cancel your delivery before your order is shipped in order to avoid any charges.
GoGetDoc offers an online communication platform for Providers (defined below) and their patients to connect through the use of synchronous and asynchronous telecommunications technologies.
We currently contract with a number of certified medical groups to provide Telehealth Services the Site (collectively, the “Medical Groupss”): The Medical Groupss we contract with may change from time to time.
Neither GoGetDoc nor Medical Groupss endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will 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. We and the Medical Groups fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Medical Groups to transmit that prescription to the pharmacy of your choice.
By using the Telehealth Services, you acknowledge the potential risks associated with Telehealth Services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
GoGetDoc does not provide medical advice or care. GoGetDoc contracts with the Medical Groupss, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. The Medical Groupss Providers deliver clinical services via the GoGetDoc platform to their patients. Providers are independently contracted or employed by the Medical Groupss. Providers are not contracted or employed by GoGetDoc. The Providers, and not GoGetDoc, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of GoGetDoc and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from GoGetDoc.
Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither GoGetDoc or any third party who may promote the Site or Telehealth Services or provide a link to the Telehealth Services, shall be liable for any professional advice obtained from a Provider via the Site or Telehealth Services, nor any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Telehealth Service is solely at your own risk and you assume full responsibility for all risks associated herewith. GoGetDoc does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Telehealth Services. You will be provided with an available Provider based solely on the information you submit to the Site. You are ultimately responsible for deciding to accept the services of your particular Provider.
The Telehealth Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification
Neither GoGetDoc nor Medical Groupss are insurers. The Telehealth Services are not insurance products, and the amounts you pay to us or the Medical Groups are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
GoGetDoc and the Medical Groups operate subject to state and federal regulations, and the Telehealth Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Telehealth Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Telehealth Services is limited exclusively to users located in States within the United States where the Telehealth Services are available. Telehealth Services are not available to users located outside the United States. Accessing the Site or Telehealth Services from jurisdictions where content is illegal, or where we do not offer Telehealth Services, is prohibited.
In the event a Telehealth Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Telehealth Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
GoGetDoc Care Assistant.
GoGetDoc Care Assistant is a non-clinical service provided by us, a software service which assists users navigating the Site. The GoGetDoc Care Assistant is not a healthcare provider and does not provide medical care or a medical diagnosis. All of the information you provide to the GoGetDoc Care Assistant such as text, graphics, video, photographs, images, messages, forum postings, and any other materials (“SymptomBot Information”), will not be subject to the Medical Groups Notice of Privacy Practices unless such SymptomBot Information is integrated into your medical chart for review by the Provider. THERE IS NO GUARANTEE THAT SYMPTOM CHECKER INFORMATION WILL BE SEEN BY A PROVIDER.
ALL OF THE MATERIAL PROVIDED THROUGH THE GOGETDOC CARE ASSISTANT PORTION OF THE SITE, SUCH AS TEXT, GRAPHICS, PHOTOGRAPHS, IMAGES, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIALS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. GOGETDOC CARE ASSISTANT DOES NOT PROVIDE MEDICAL CARE, ADVICE OR DIAGNOSIS AND IS NOT A QUALIFIED HEALTHCARE PROVIDER.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION PROVIDED THROUGH THE GOGETDOC CARE ASSISTANT.
VaxYes By GoGetDoc.
VaxYes is a secure digital vaccine wallet, that allows a user to digitize and store vaccine information in an encrypted wallet. For Covid-19 Vaccines, You attest under the penalties of perjury that I was, or will be, fully vaccinated for COVID-19 with an FDA- or WHO-authorized vaccine— meaning that two weeks had passed, or will have passed, since your final dose of the authorized vaccine— at this time.
Participation in Third-Party Promotions.
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
You can make purchases via certain Services. We accept credit cards and debit cards issued by U.S. banks. If a credit card account or debit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. By enrolling in such services, you authorize us to charge the credit card or debit card associated with your Account on a recurring basis for the applicable amount of the recurring product and/or service until you cancel the applicable services through your Account. You may cancel the applicable services at any time. If you want to designate a different credit card or debit card or if there is a change in your credit card or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
- Restrictions on Use
You agree not to use the Services in a way that is, in GoGetDoc's discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by GoGetDoc from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify GoGetDoc if you learn of any security breach related to the Services.
You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. GoGetDoc may cancel, suspend, or terminate your access to the Plus Site and the Services at any time and for any reason, including any violation of these Terms.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services or any activity being conducted on this Services.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit GoGetDoc Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
Your Account or access to Services may be terminated for any of the above infractions.
- Not Medical Advice
The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.
GoGetDoc does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Reliance on any information provided by GoGetDoc or the Services is solely at your own risk.
You may have access to medical professionals through the Telehealth Services or through third party services referenced or listed by the Services.
With respect to the Telehealth Services, GoGetDoc does not provide medical advice or care. GoGetDoc contracts with the Medical Groups, an independent, physician-owned medical group with a network of United States based Providers who provide clinical telehealth services. The Medical Groups Providers deliver clinical services via the GoGetDoc platform to their patients. Providers are independently contracted or employed by the Medical Groups. Providers are not contracted or employed by GoGetDoc. The Providers, and not GoGetDoc, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of GoGetDoc and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from GoGetDoc. While GoGetDoc facilitates your communications with, Providers, GoGetDoc does not provide medical services, and the doctor-patient relationship is between you and the Medical Groups Provider.
The Services also provide information about links to services with which you may provide you with online visits to for many popular health conditions, which visits may include medical advice from medical professionals who are able to prescribe medication. To the extent you wish to use the service, you are receiving advice and prescriptions from third parties and not GoGetDoc. Any advice or services you receive will be subject to additional terms you will agree to from such third parties.
The content of the Services (including the Telehealth Services and Healthination), including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, counseling, diagnosis, treatment, the practice of medicine including but not limited to psychiatry, psychology or psychotherapy, the creation of a physician-patient or clinical relationship or recommendations of any kind by GoGetDoc. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions or any other matter related to your health or general well-being. All information provided by GoGetDoc, or in connection with any communications supported by GoGetDoc, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
The inclusion of information and links related to any third-party telehealth provider in the Services is for informational purposes only. GoGetDoc is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider’s information or links in the Services does not constitute an endorsement or recommendation by GoGetDoc. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence. GoGetDoc does not credential or certify healthcare practitioners. You are completely free to choose any telehealth provider referenced by the Services, to choose your own telehealth provider not referenced by the Services, or to have an exam performed by an in-person provider.
If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.
- The Services are “As Is”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOGETDOC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. GOGETDOC DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GOGETDOC SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
GoGetDoc is not obligated to provide any maintenance, technical or other support for the Service.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. GoGetDoc does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Eligible Users
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with GoGetDoc and meet all of the foregoing eligibility requirements. The Services are offered and available to users who reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Services.
GoGetDoc Limited License to You.
Subject to your compliance with these Terms, GoGetDoc grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the GoGetDoc websites and mobile applications solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by GoGetDoc and GoGetDoc's licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by GoGetDoc; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under GoGetDoc's control, and you acknowledge that GoGetDoc and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are GoGetDoc or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied. The inclusion of any telehealth provider on GoGetDoc’s marketplace or in any other communication is for informational purposes only. GoGetDoc is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider does not constitute an endorsement or recommendation by GoGetDoc, whether or not the telehealth provider appears on the GoGetDoc marketplace or is accessible through hyperlinks in the GoGetDoc website. Any listing of telehealth providers only indicates that such telehealth providers have contracted to be listed on GoGetDoc’s marketplace. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence.
Copyright © 2020 GoGetDoc, Inc. All Rights Reserved.
The following are registered trademarks or service marks of GoGetDoc or its Affiliates: GoGetDoc, VaxYes, SyptomBot, GoGetDoc Plus, BenefitsChecker, Wellpay, DocBook, RxShopper. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of GoGetDoc or its Affiliates. All other trademarks or service marks are property of their respective owners. The Services and all rights therein are and shall remain GoGetDoc's property or the property of GoGetDoc's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner GoGetDoc's company names, logos, product and service names, trademarks or services marks or those of GoGetDoc's licensors.For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available only to Plus Members utilizing the Services. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of GoGetDoc and/or its Affiliates. You are only permitted to use the content as expressly authorized by GoGetDoc or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from GoGetDoc or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither GoGetDoc nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
- User Accounts
In order to use some aspects of the Services, you must register for and maintain one or more accounts (“Accounts”). Account registration requires you to submit to GoGetDoc certain personal information, such as your name and email address or mobile phone. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services.
GoGetDoc and the Medical Groups may contact you by telephone, mail, or email to verify your Account information. GoGetDoc and the Medical Groupss may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Therefore, you must take steps to ensure that others do not gain access to your password and Account. Our personnel will never ask you for your password. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account. Unless otherwise permitted by GoGetDoc in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
- Messaging Services
GoGetDoc may allow users to request and receive pricing information, coupons and marketing messages via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive pricing information, coupons and marketing messages from GoGetDoc, including being contacted with communications containing prescription-related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. GoGetDoc provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party's contact information in connection with a messaging service, you represent that you have permission for us to contact such third party, including with certain health-related information. When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Consent to Receive Text Messaging and Telephone Calls.
You agree that GoGetDoc may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account or otherwise provided to us, including for marketing purposes. If you provide us with a third party's contact information in connection with a messaging service, you represent that you have permission for us to contact such third party by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided, including for marketing purposes. Should you send GoGetDoc a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving marketing text messages from GoGetDoc at any time, either by texting the word “STOP” to the text message using the mobile device that is receiving the messages.
- User Provided Content
GoGetDoc may, in GoGetDoc's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to GoGetDoc through the Services textual, audio, and/or visual content and information, including commentary, testimonials and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). You may also submit User Content via surveys, customer service communications and social media channels. You grant GoGetDoc a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content, including in edited and partial form, together with your name, location, and any other personal information you provide in all formats and distribution channels now known or hereafter devised (including in connection with the Services and GoGetDoc's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant GoGetDoc the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor GoGetDoc's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by GoGetDoc in its sole discretion, whether or not such material may be protected by law. GoGetDoc may, but shall not be obligated to, review, monitor, or remove User Content, at GoGetDoc's sole discretion and at any time and for any reason, without notice to you, except where prohibited.
- Disclaimers; Limitation of Liability; Indemnity
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOGETDOC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOGETDOC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GOGETDOC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING THE MEDICAL GROUP OR PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. GOGETDOC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY GOGETDOC OR ITS AFFILIATES.
Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with GoGetDoc. GoGetDoc does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized GoGetDoc, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. GOGETDOC DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
GOGETDOC SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUP OR PROVIDERS. GOGETDOC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF GOGETDOC, EVEN IF GOGETDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOGETDOC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF GOGETDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOGETDOC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GOGETDOC'S REASONABLE CONTROL.
THE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOGETDOC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS. FURTHER, GOGETDOC SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GOGETDOC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON GOGETDOC’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF GOGETDOC TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
You agree to indemnify and hold GoGetDoc and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees related to defending or resolving any suits), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) GoGetDoc's use of your User Content; (iv) your violation of the rights of any third party, including Third Party Providers or (v) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. GoGetDoc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GoGetDoc in asserting any available defenses.
- Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Californians to assert claims under California law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of California law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending California law to you if you do not otherwise reside in California. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.
If you believe your copyright-protected work has been posted on the site or in conjunction with Service in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;
- Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);
- Your name, address, telephone number, and, if available, email address;
- A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
- A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- Your name, address, telephone number, and, if available, email address;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which GoGetDoc may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and
- Your physical or electronic signature.
DMCA notices must meet current statutory requirements imposed by the DMCA.
Please send DMCA notices to our DMCA Agent at the following address or by email (subject line “DMCA Communication”): DMCA Agent, GoGetDoc, Inc., 400 Concar Drive, San Mateo CA 94402.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).
GoGetDoc’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO GOGETDOC’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
GoGetDoc may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to GoGetDoc, with such notice deemed given when received by GoGetDoc, at any time by first class mail or pre-paid post to GoGetDoc, Inc., 400 Concar Drive, San Mateo CA 94402 or by email sent to the attention of Customer Service at email@example.com.
Except as expressly provided herein, these Terms, any supplemental terms, and the Privacy Policies referenced herein constitute the entire agreement between you and GoGetDoc with respect to the use of the site and Services.
You may not assign these Terms without GoGetDoc's prior written approval. GoGetDoc may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of GoGetDoc's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, GoGetDoc or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. GoGetDoc's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GoGetDoc in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Please contact us at firstname.lastname@example.org with any questions regarding these Terms.