Terms of Offer

BY PLACING AN ORDER FOR OUR CALLADOC TELEMED SERVICE (“TELEMED SERVICE”) YOU AGREE, ACCEPT AND UNDERSTAND THE TERMS OF THE OFFER BELOW (“AGREEMENT”). WE URGE YOU TO READ THE TERMS OF OFFER CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE TEAM AT 888-428-1855 OR VISIT WWW.MYCALLADOC.COM

FOR MDLIVE, INC. TERMS OF USE, VISIT WWW.MDLIVE.COM/TERMS-OF-USE

Membership in the Telemed service is open to individuals who are legal residents of the continental U.S., who are at least age 18 as of the date of enrollment and have the capacity to enter into a binding contract. The Telemed service is void elsewhere and where prohibited.

ENROLLING IN OUR TELEMED PROGRAM. In placing your order for CALLADOC you are automatically enrolled into our CALLADOC Telemed Service, powered by our partner, MDLIVE, Inc. For any questions regarding MD Live, please visit www.mdlive.com

CANCELLING YOUR MEMBERSHIP: If you do not take affirmative action to cancel the Telemed membership, your credit or debit card that you provided when you enrolled will be automatically charged the then current monthly Telemed service price and you will continue to be a member of the Telemed service. To cancel your membership, call our Customer Service Department at 888-428-1855. Cancel anytime and owe nothing further. You will continue to have access to the service until the end of the paid term.

Telemed Service Membership: AUTOMATIC BILLINGS. As a member of the Telemed Service you will receive exclusive benefits for the monthly fee. You will continue to be charged each membership month until you contact customer service to cancel. HOW TO CANCEL. Call our Customer Service Department at 888-428-1855. You can also cancel by sending an email to service@mycalladoc.com

Additional Terms: NOTICE OF PRICE CHANGE. As a member of the Telemed service you have the right to receive written notice of all price increases that vary from the amount you previously authorized. If we decide to increase the price, we will notify you via email or mail and give you an opportunity to cancel your membership before such changes take effect. However, we do reserve the right to lower your membership price at any point in time without notification.

MONTHLY PAYMENT. All monthly charges will be automatically charged to the credit or debit card you provided upon enrollment. CALLADOC is not responsible for any fees or other charges (including, without limitation, overdraft fees charged by your bank) resulting from the charges you have authorized in this Agreement. PRODUCTS AND SERVICES. (1) Telemedicine services consisting of (a) access to doctors or nurses by phone, 24/7 (b) Speak with a licensed doctor or nurse for guidance (c) Receive a call back from a doctor or nurse and U.S. Board Certified doctor to conduct the tele-consult. (d) If medically necessary, the nurse or doctor will coordinate and help facilitate any orders for prescription medications, lab tests, or imaging studies written by the doctor.

USE OF TELEMED SERVICE MEMBERSHIP. Your Telemed membership is non-transferable. You agree that only you and your Immediate Family may use the Telemed membership. “Immediate Family” means you, your spouse or partner and your children living at your home. Participation in the Telemed service is subject to this Agreement, as well as policies and procedures that CALLADOC may adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by CALLADOC, any conduct detrimental to CALLADOC, or any misrepresentation or fraudulent activities in connection with the Telemed service program, may result in termination of membership in the Telemed service program, as well as any other rights or remedies available to CALLADOC. If we suspend or terminate membership for any reason specified in this Section 11, we reserve the right to not refund any fees paid by you.

MODIFICATION OR TERMINATION OF THE TELEMED SERVICE. Your membership in the Telemed service is offered at the discretion of CALLADOC, and it reserves the right to modify these terms and conditions, condition of participation, or any other aspect of the Telemed service, in whole or in part, at any time, with or without notice to you (except as otherwise specified herein). LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES. By placing an order and/or participating in the Telemed service, you agree CALLADOC and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, Indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use of Telemed service or the CALLADOC products and services, any failure or delay by CALLADOC in connection with the Telemed service, the performance or non-performance of the Telemed service by CALLADOC or any other products or services provided by CALLADOC, its licensors, or any other third parties, even if CALLADOC has been advised of the possibility of damages. Notwithstanding this disclaimer, if CALLADOC is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then its liability will in no event exceed, in total, the sum of $100.00.

CALLADOC makes no warranty of any kind regarding the Telemed service or the CALLADOC products or services, which are provided on an “as is” and “as available” basis, by our partner MD Live, Inc. CALLADOC expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. CALLADOC is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Telemed service or the CALLADOC products and services, including without limitation that the Telemed service or CALLADOC products and services will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the CALLADOC products and services. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

1. ENTIRE AGREEMENT. This Agreement contains all the terms of the program, and no representations, inducements, promises or agreements concerning the Telemed service program not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
2. GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF THE TELEMED SERVICE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
3. ARBITRATION. ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE CALLADOC WEB SITE, YOUR MEMBERSHIP IN THE TELEMED SERVICE, YOUR USE OF THE CALLADOC PRODUCTS OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND.
4. THAT CALLADOC IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION NEW YORK THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND CALLADOC VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND CALLADOC WILL BE RESOLVED BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATOR(S) NOT A JUDGE OR JURY.