247MedPlan.Com: Genral Disclosure and Terms & Conditions

Welcome to the 247MedPlan.Com website. 247MedPlan.Com provides Telemedicine services; offering convenient private consultations with a licensed physician; electronic medical record storage; on-line healthcare information; prescription services and related services and content (collectively the "247MedPlan.Com Services").

THIS PLAN IS NOT INSURANCE and is not intended to replace health insurance; it is a telemedicine concierge membership service. This plan does not meet the minimum creditable coverage requirements under M.G.L. c. 111M and 956 CMR 5.00. This plan is not a Qualified Health Plan under the Affordable Care Act. THIS IS NOT A MEDICARE PRESCRIPTION DRUG PLAN.* The plan provides discounts at certain health care providers for medical services. The range of discounts will vary depending on the type of provider and service. The plan does not make payments directly to the providers of medical services. Plan members are obligated to pay for all health care services but will receive a discount from those health care providers who have contracted with the discount medical plan organization. Upon request the plan will make available a written list of participating health care providers. You have the right to cancel within the first 30 days after receipt of membership materials and receive a full refund, less a nominal processing fee (nominal fee for MD residents is $5).

The plan and its administrators have no liability for providing or guaranteeing service by providers or the quality of service rendered by providers. THIS PLAN IS ONLY AVAILABLE IN THE CONTINENTAL UNITED STATES OF AMERICA, ALASKA and HAWAII.

Terms of Use: The 247MedPlan.Com Services are offered to you under, and you agree to be bound by, the terms and conditions of the Terms of Use. We reserve the right to update or change these Terms of Use at any time, and for any reason by posting the modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions, and you should periodically visit this page of the website and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the end of this document.

Use of Services: The 247MedPlan.Com service consists of a telemedicine feature at the cost of $39.95 per month, and can also include an optional Discount Health membership for an additional monthly charge. First time members will be enrolled for a one-time, non-refundable enrollment fee of $25.00, billed to the members credit card or bank account upon the time of purchase. The member will be billed $39.95 on the same card provided. The member will be automatically billed $39.95 every month thereafter for as long as the member continues the service. 247MedPlan.Com is NOT insurance.

If the credit or debit card provided declines due to a lack of sufficient funds, 247MedPlan.Com will charge lower payments on the declined card until the full price of $39.95 is satisfied.

247MedPlan.Com IS NOT FOR EMERGENCIES. The 247MedPlan.Com Services are not for use for medical emergencies, time sensitive medical issues or medical issues which you fully understand will require more than a telephone consultation. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

Cancellation and Refund Policy: The 247MedPlan.Com service can be cancelled at any time by contacting Member Services, at 888-569-6311. All paid membership fees will be refunded if cancellation is made within 30 days of enrollment date. Enrollment fees are not refundable.

Medical Disclaimers: 247MedPlan.Com makes no warranty as to the content of any treatment response. You and your physician are solely responsible for all information and/or communication sent during a consultation, or other communication. 247MedPlan.Com does not guarantee that a consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you will contact your local emergency services immediately. 247MedPlan.Com SCREENS AND CONFIRMS THE QUALIFICATIONS FOR ALL OF OUR TELEMEDICINE PROVIDERS.

Prescriptions: You agree that any/all prescriptions that you acquire through the 247MedPlan.Com Services shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

Educational Resources: 247MedPlan.Com may send you newsletters regarding medical and health related topics, or preventive care messages containing specific medical and health related information. This information may link to other related internet sites, and specific questions related to your 247MedPlan.Com records.

Additionally, 247MedPlan.Com makes available self-care informational services through the Consult a Dr member portal which provide general medical and health information. These communications and resources are not comprehensive medical texts, nor do they include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed as the practice of medicine or dispensing of medical services by 247MedPlan.Com. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by 247MedPlan.Com. 247MedPlan.Com makes no warranty as to the content of these materials or the information contained therein.

Your Account: You are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register on the 247MedPlan.Com Services under your own name and to use the 247MedPlan.Com Services in accordance with this Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify 247MedPlan.Com of any unauthorized use of your password, or other security concerns of which you become aware.

Intellectual Property: 247MedPlan.Com hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the 247MedPlan.Com web site, and to use the 247MedPlan.Com software to the extent necessary to use the 247MedPlan.Com Services solely for your personal use. With the exception of your Medical Records, 247MedPlan.Com retains all right, title and interest in and to;

The 247MedPlan.Com Services. Content, products, Documentation. Software or other materials on the 247MedPlan.Com website and any patent. Copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through the 247MedPlan.Com Services is the property of 247MedPlan.Com.

You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by 247MedPlan.Com received through the 247MedPlan.Com Services to anyone. Use, reproduction, copying or redistribution of 247MedPlan.Com logos is strictly prohibited without written permission from 247MedPlan.Com.

Legal Disclaimers

General Disclaimers: YOU ACKNOWLEDGE THAT YOUR USE OF THE 247MedPlan.Com SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW 247MedPlan.Com AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, 247MedPlan.Com AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE 247MedPlan.Com PRODUCTS AND SERVICES PROVIDED HEREUNDER. 247MedPlan.Com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE 247MedPlan.Com SERVICES.

Limitation of Liability: IN NO EVENT SHALL 247MedPlan.Com NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 247MedPlan.Com ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF 247MedPlan.Com IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS

Electronic Health Record: Your 247MedPlan.Com Electronic Health Record (EHR) is created to store your personal health information online including health conditions, allergies and medications. Any information provided as part of a consultation becomes part of your 247MedPlan.Com Record. You agree to provide accurate information for your 247MedPlan.Com Record, to periodically review such information and to update such information as needed. For additional information regarding use of your 247MedPlan.Com Record, please see our Privacy Policy. It is your responsibility to confirm any third party information in your 247MedPlan.Com Health Record.

General Legal Provisions

Third Party Sites: Although the 247MedPlan.Com may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by 247MedPlan.Com. 247MedPlan.Com takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does 247MedPlan.Com take responsibility for the privacy policies and practices of these third-party links.

Operation and Record Retention: 247MedPlan.Com reserves complete and sole discretion with respect to the operation of the 247MedPlan.Com Services. 247MedPlan.Com may, among other things withdraw, suspend or discontinue any functionality or feature of the 247MedPlan.Com Services. 247MedPlan.Com is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. 247MedPlan.Com is not responsible for maintaining data arising from use of the 247MedPlan.Com Services. 247MedPlan.Com reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the 247MedPlan.Com Service pursuant to its internal record retention and/or destruction policies.

Limitations of Use: You agree not to access or use the 247MedPlan.Com Services in an unlawful way or for any unlawful purpose. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of 247MedPlan.Com or any of its affiliates. 247MedPlan.Com reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Indemnity: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 247MedPlan.Com AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH A 247MedPlan.Com PHYSICIAN, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH 247MedPlan.Com, OR ANY NEGLIGENT OR WRONGFUL USE OF THE 247MedPlan.Com SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

Third Party Rights: The indemnification provisions set forth above and the provisions under Section 3 Legal Notices and Disclaimers are for the benefit of 247MedPlan.Com,Inc, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term and Termination: This Terms of Use shall commence upon the date you complete the registration process with 247MedPlan.Com. Either you or 247MedPlan.Com may terminate this Terms of Use and your right to use the 247MedPlan.Com Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the 247MedPlan.Com Service promulgated by 247MedPlan.Com from time to time. Upon any termination, you will destroy all copies of 247MedPlan.Com materials in your possession and cease any access to or use of the 247MedPlan.Com Services.

Notice: 247MedPlan.Com may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the 247MedPlan.Com Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the 247MedPlan.Com account information. You may give notice to 247MedPlan.Com at any time via electronic mail to customerservice@247MedPlan.Com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to 247MedPlan.Com PO Box 7093 Dallas, TX 75209.

Severability: The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement: This Terms of Use, together with any 247MedPlan.Com rules or policies referred to herein, represents the complete agreement between you and 247MedPlan.Com concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. 247MedPlan.Com may modify this Terms of Use as set forth above.

Assignment: You may not assign, transfer or delegate this Terms of Use or any part of it without 247MedPlan.Com prior written consent. 247MedPlan.Com may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Governing Law: This Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to 247MedPlan.Com must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the 247MedPlan.Com Services or web site.

Protecting Children: 247MedPlan.Com is designed and intended for use by adults. It is not intended for, nor designed to be used by children under the age of eighteen. A parent or guardian, however, may use 247MedPlan.Com on behalf of a minor child. The parent or guardian assumes full responsibility for ensuring that the authentication information is kept secure and that the information submitted is accurate.

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