This AGREEMENT, is between HC Smart, Inc., (the Company), and the enrolled person (Client) with respect to Clients enrollment in the Company electronic medical record storage and/or telephonic physician consultant services, as selected by Client (the Program), on the date agreed to by the parties. In consideration of these premises and the mutual promises and covenants hereinafter contained, Company and Client, each intending to be legally bound hereby, agree as follows:
Section 1. Companys Obligations. Company shall provide the Program to Client so long as Client pays the fees agreed to in connection with the Program. Client shall enroll in the Program and register with Company in the manner prescribed by Company. Client shall continue to have access to the Program until Client terminates his or her membership in the Program, or Company or Client terminates such membership as permitted under this Agreement. The Program encompasses the services described by Company in its enrollment materials.
Section 2. Clients Obligations. Client shall pay Company the fees for the Program as set forth in the enrollment materials. Your membership will be processed with your financial institution within the next 24 hours. Client can cancel the membership at any time and receive a full refund for the previous 30 days of the membership.
Section 3. Term. The initial term of this Agreement (Initial Term) shall end one (1) year from the effective date of this Agreement. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year terms (each a Renewal Term) unless written notice is given at least ninety (90) days prior to the effective date of any Renewal Term.
Section 4. Amendment. This Agreement shall automatically terminate upon the liquidation, dissolution, cessation of business or the filing of a bankruptcy petition by or against either party. Upon termination of this Agreement for any reason, Client shall pay Company for all services rendered through the effective date of termination. This Agreement may only be amended from time to time by a writing signed by both parties. No waiver by Client or Company of any provision herein, shall operate as a waiver of any other provision or the same provision on a future occasion.
Section 5. Limitation of Liability. Company shall have no liability whatsoever for any indirect, consequential, exemplary, special, incidental or punitive damages. Company liability to Client for any reason and upon any cause of action, whether tort, contract, statute or any other legal theory whatsoever, shall be at all times and in the aggregate be limited to the lesser of $1,000, or the amount of compensation actually paid by Client to Company during the three (3) month period immediately preceding the month in which the event upon which the liability is predicated.
Section 6. Assignment. The rights and obligations of the assigning party under this Agreement shall not be assigned to any other individual, firm, corporation, association or other entity without the prior written approval of the non-assigning party, which approval shall not be unreasonably withheld, delayed or conditioned; provided that nothing contained in this Agreement shall prevent assignment or be deemed assignment of this Agreement in connection with the merger, sale of capital stock or sale of all or substantially all of the assets of Company.
Section 7. Cancellation and Refund Policy. Client may cancel the membership at any time and receive refund for the previous month of service for the monthly memberships or pro-rated refund for the previous month of service plus remainder of the annual service for the annual memberships. Doctors’ consultation fees incurred during this period cannot be refunded.
Section 8. Purchase Terms. Member fees are charged monthly at the rate of $9.95 or annual rate of $99.50 for the individual memberships and monthly rate of $14.95 or annual rate of $149.50 for the family memberships. Two FREE doctor consultations per year are included for MDhotlineTM Family annual memberships and one FREE doctor consultation is included for MDhotlineTM Individual annual memberships. Members will be charged $35 fee for every additional doctor consultation.
Section 9. Disclaimer. Company does not make any express or implied representations or warranties, including but not limited to any warranty of merchantability or fitness for a particular purpose with respect to the Program. MDhotlineTM is not a health insurance product.
The benefit services are effective immediately after enrollment. You will receive your membership ID via your email address or U.S postage within 5 days of your enrollment date. Savings given through the provider contracts vary depending on procedure and location. If you currently have health insurance, we encourage you not to drop your current coverage unless you have done a complete comparison of benefits. Your membership renews automatically by continuing the payment of the monthly dues. There is no renewal fee. You may cancel your membership by U.S mail or by calling our customer service department Monday through Friday, 9am to 6pm Eastern Standard Time at phone number 800-326-0085 and your membership and billing will cease. This document contains the entire Agreement of the parties. It supersedes any and all prior agreements, understandings or representations, whether oral or written. Neither party shall be responsible for delays in performance due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations, or restrictions, transportation conditions, product/service suppliers or any other causes whatsoever that are beyond the reasonable control of Company. This Agreement shall be interpreted exclusively according to the laws of the State of Florida without regard to its conflicts of laws principles. Any paragraph titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context of this Agreement. Except as set forth herein, the parties hereto do not intend to confer any rights or remedies upon any person other than the parties named below.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of HC Smart, Inc.. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HC Smart, Inc. or purchasing HC Smart, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HC Smart, Inc. or to purchase HC Smart, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HC Smart, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of HC Smart, Inc. used in the site are trademarks or registered trademarks of HC Smart, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HC Smart, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HC Smart, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HC Smart, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
HC Smart, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HC Smart, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a HC Smart, Inc. product is mistakenly listed at an incorrect price, HC Smart, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HC Smart, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HC Smart, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HC Smart, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
HC Smart, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HC Smart, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HC Smart, Inc., products) shall be in the state or federal courts located in Dade or Broward County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HC Smart, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. HC Smarts, Inc. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HC Smart, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HC Smart, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
HC Smart, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HC Smart, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HC Smart, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HC Smart, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless HC Smart, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, HC Smart, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with HC Smart, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HC Smart, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HC Smart, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
