Effective Date: January 1, 2022
HelpCare, LLC, on its own behalf and its affiliates and/or wholly owned subsidiaries, (collectively referred to as "HelpCare", "we", "us", or "our"), makes certain telemedicine/telehealth related information available to you and/or facilitates your access to telemedicine, mental health solutions, medical specialist, and other related products and services ("HelpCare Services").
These Terms and Conditions – Legal Disclaimer, (the "Terms and Conditions - Disclaimer"), apply to visitors to the following publicly available websites that are owned and operated by HelpCare: www.helpcareplus.com and their associated domains and mobile applications (collectively, the "Websites").
For the purposes of these Terms and Conditions - Disclaimer, "you" and "your" means you as the visitor or user of the Websites. By using the Websites, you expressly agree to the terms and conditions set out in these Terms and Conditions - Disclaimer. If you do not agree to these Terms and Conditions - Disclaimer, you should immediately cease all use of and access to the Websites.
HelpCare's Role:
HelpCare is not an insurance provider nor are we a prescription fulfillment warehouse. HelpCare's role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine, mental health solutions, and medical specialists. HelpCare is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. HelpCare does not engage in the practice of medicine. HelpCare does not purport to offer the HelpCare Services to anyone located in any jurisdiction where such HelpCare Services are not authorized as provided by HelpCare and its Websites.
The Websites do not provide medical advice and do not create a healthcare provider/patient relationship between you and HelpCare or otherwise. Any services provided by, or content accessed from the Websites are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or your doctor for all medical emergencies. HELPCARE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE WEBSITES.
HelpCare makes no representation or warranty as to the content of any treatment response from any participating, licensed, physician. You understand that HelpCare is solely a referral service and does not warranty the validity of the information provided to you. You also understand that a doctor-patient relationship will never arise between you and HelpCare. You and your physician are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation or other communication. HelpCare does not guarantee that a telephone-based medical consultation or secure email, or web-based, consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen.
Eligibility, Enrollment and Account Security:
You represent that you are of legal age and are not a person barred from enrolling or subscribing for, and/or receiving, the HelpCare Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Websites and/or the HelpCare Services is limited to users in the United States. In the event of access and/or use outside of the United States, you agree to comply with all local and federal laws regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that we make no representation or warranty that we, or any of the HelpCare Services, or any information on the Websites or transmitted via a service is lawful in any jurisdiction outside the United States. HelpCare may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement.
In order to enroll in the HelpCare Services, you are required to (1) fully, accurately and truthfully complete our registration and application process, including your Personal Contact Information ("PCI"), including but not limited to name, address, telephone number and e-mail address, (2) complete any and all other items requested pursuant to your use of the Websites or the HelpCare Services and (3) set your Internet browser to accept "cookies" from the Websites. By registering on the Websites, you are agreeing to opt-in to the receipt of communications from HelpCare, such as newsletters and offers, by mail or electronic mail and further agree that we may provide to you, electronically, any notices required by law. If you do not wish to receive such communications, you may opt-out at any time. You are also consenting to HelpCare's disclosure of your PCI with our agents and employees for any reason as described in our Privacy Notice.
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 to immediately notify us in writing of any unauthorized use of your password or other security concerns of which you become aware. You will indemnify HelpCare for any unauthorized use or transmission of your password to any third parties.
Membership and Billing:
By signing up with HelpCare, you understand that you maybe signing up for an introductory discounted offer for the HelpCare Services. During the discounted introductory period, you and your family will have full membership status including but not limited to access to speak with telemedicine doctors, mental health counselors, message medical and health specialists PLUS receive discounts of up to 85% off on lab tests, medical supplies and equipment. After the introductory offer ends, you understand and agree that you will be automatically billed the current monthly rate per month for continued full access to the HelpCare Services. The monthly charge will be made to your debit card, credit card or other payment form provided during registration, and each monthly charge shall be made at the beginning of the respective month. The monthly charges are subject to change at any time in HelpCare's sole discretion, without any prior notice to you. All such pricing changes will be posted to the HelpCare's Websites. There is no continuing obligation, and you understand that you can cancel and terminate at any time by logging into your HelpCare account at https://www.helpcareplus.com/account, and you will only be responsible to pay the monthly charges through and including the month of termination. TO BE CLEAR, THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MONTHS/PERIODS, AND YOU WILL NOT RECEIVE A NOTICE FROM HELPCARE THAT YOUR INTRODUCTORY PERIOD IS ABOUT TO END OR HAS ENDED, OR THAT THE PAYING PORTION OF YOUR MEMBERSHIP HAS BEGUN. Again, we will begin billing you for monthly membership fees at the end of the introductory period of your membership unless you cancel prior to the end of the introductory period.
Your Obligations:
Subject to your compliance with these Terms and Conditions - Disclaimer, your acknowledgement of the Privacy Policy on the Websites, and your payment of any applicable fees, HelpCare grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable license to access and make personal use of the Websites and HelpCare Services. HelpCare retains all right, title and interest in, and to HelpCare, the HelpCare Services and any information, products, documentation, software, or other materials on the Websites. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone.
You represent that you are of legal age and are not a person barred from enrolling for, and/or receiving, HelpCare Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Websites and/or HelpCare's Services is limited to users in the United States. In the event of access and/or use outside of the United States, you agree to comply with all local and federal laws regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that HelpCare makes no representation or warranty that we, or any of the HelpCare Services, or any information on the Websites or transmitted via a HelpCare Service is lawful in any jurisdiction outside the United States. HelpCare may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement.
By using the Websites, you agree to comply with all laws applicable to your use of the Websites, you will not interfere with a third party's use and enjoyment of the Websites, and you will not interfere with or disrupt HelpCare's or its vendors' security measures. You agree not to:
- Send or otherwise transmit to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Restrict or inhibit any person from using the Websites;
- Reverse engineer, disassemble or decompile any section or technology on the Websites, or attempt to do any of the foregoing;
- Gain unauthorized access to the Websites, to other users' accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to the Websites;
- Launch or use any automated system, including without limitation, "robots", "spiders", or "offline readers", that access the Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
- Alter or modify any part of the content or services offered on or through the Websites;
- Purposefully misrepresent your identity or affiliation;
- Collect any information from the Websites for any purpose other than individual personal use;
- Attempt, assist or permit any persons in engaging in any of the activities described above.
Electronic Medical Records:
In order to conduct a proper consultation and provide appropriate HelpCare Services, we may create an Electronic Medical Record ("EMR") specifically for you to store and access your personal health information online, and for the medical provider to review as part of the consult. Information provided to a medical services provider through the Websites becomes part of EMR and is subject to applicable state and federal law. IT IS SOLELY YOUR PHYSICIAN'S OBLIGATION TO COMPLY WITH ALL STATE AND FEDERAL LAWS INCLUDING, BUT NOT LIMITED TO HIPAA LAWS IN THE USE AND DISCLOSOSURE OF THE INFORMATION OBTAINED THROUGH HELPCARE'S EMR. We archive all Personal Information and EMRs associated with usage of our Websites and the HelpCare Services for seven (7) years.
Payments, Changes to HelpCare Services and Refunds:
If your subscription is paid by a third party and that third party ceases to, for any reason, pay for your subscription or any other applicable fee, you may continue your subscription to the HelpCare Services provided you immediately make arrangements to pay us directly. As an individual enrollee, you may upgrade or downgrade the level of the HelpCare Services to which you are subscribing at any time by following the instructions on the Websites, which shall take effect by your next full billing cycle. Subscriptions provided by a third party may only be upgraded pursuant to direct payment to us. HelpCare may cancel your subscription at any time. The Company has sole and absolute discretion in determining whether or not to cancel and/or terminate a subscription and/or whether or not to issue a refund.
Intellectual Property Rights and Content:
HelpCare is the sole and exclusive owner of the Websites and their content, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and any related materials and documentation. No title or ownership of the Websites or any portion thereof is transferred to you hereunder. HelpCare reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites. With the exception of your EMRs, HelpCare retains all right, title and interest in and to any information, products, documentation, software or other materials on the Websites.
You may provide input, comments, questions, or suggestions ("Submissions"). You acknowledge and agree that HelpCare may use any Submissions without any obligation to you and you hereby grant HelpCare a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Submissions as HelpCare may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
HelpCare takes no responsibility and assumes no liability for Submissions, and you acknowledge and agree that you have all rights necessary to make the Submissions. You understand that HelpCare does not endorse Submissions of others and is not responsible for the content of such Submissions. HelpCare disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth in a Submission.
External Links:
The Websites may contain links to third-party websites. Linked sites are not under the control of HelpCare, and HelpCare is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that HelpCare endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. HelpCare disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
No Endorsements:
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by HelpCare. Any views expressed by third parties on the Websites are solely the views of such third party and HelpCare assumes no responsibility for the accuracy or veracity of any statement made by such third party.
No Warranties:
The Websites are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, HelpCare disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. HelpCare does not warrant that the Websites will be uninterrupted or error-free, that defects will be corrected or that the Websites or the server that makes it available are free of viruses or other harmful components.
HelpCare makes no guarantees and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website for a particular purpose. HelpCare assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites.
HelpCare is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Websites or phishing emails designed to appear to be sent from HelpCare. WITHOUT LIMITING THE FOREGOING, HELPCARE MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND HELPCARE SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, HELPCARE SPECIFICALLY DISCLAIMS ALL LIABILITY ACTS OR OMISSIONS OF ANY PARTICIPATING PHYSICIANS AND/OR MEDICAL PROVIDERS PROVIDING MEDICAL CARE, ADVICE AND/OR OTHER HELPCARE SERVICES TO YOU.
Force Majeure:
Notwithstanding anything herein to the contrary, HelpCare shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
Indemnification and Limitation of Liability:
You agree to indemnify, defend, and hold harmless HelpCare, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of these Terms and Conditions - Disclaimer, (ii) the provision of any HelpCare Services to you, as well as your use, or misuse, of the Websites or HelpCare Services, and/or (iii) your posting of Submissions.
HELPCARE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, 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 THE WEBSITES OR ANY OF THE HELPCARE SERVICE OFFERED OR PROVIDED OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THE WEBSITES OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HELPCARE IS/WAS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
IN THE EVENT HELPCARE SHOULD BE FOUND LIABLE, DAMAGES WILL BE LIMITED TO (i) ONE MONTH'S (1 MONTH) SUBSCRIPTION RATE ASSOCIATED WITH YOUR HELPCARE SERVICES, OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, A MAXIMUM OF ONE THOUSAND AND NO/100 DOLLARS ($1,000.00). IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HELPCARE BE LIABLE FOR ANY OF YOUR ATTORNEYS FEES OR COSTS. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT HELPCARE'S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU FOR A ONE (1) MONTH PERIOD PRIOR TO THE TIME OF THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
This limitation reflects an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions - Disclaimer. You agree that the limitations of liabilities are fair and reasonable in the circumstances.
Entire Agreement; Severability:
These Terms and Conditions - Disclaimer constitutes the sole and only agreement of you and HelpCare and supersede any prior understandings or written or oral agreements between you and HelpCare. 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 conform with the parties' intent.
Modifications to these Terms and Conditions - Disclaimer:
HelpCare may, at any time and from time to time, amend these Terms and Conditions - Disclaimer. Any changes will be effective immediately upon posting. You agree to review the Terms and Conditions - Disclaimer periodically and your use of the Websites following any such change constitutes your agreement to follow and be bound by these Terms and Conditions - Disclaimer as amended.
Notices:
HelpCare may provide notice to you via the e-mail address you provided during registration or by a general notice on the WebSites. You may give notice to HelpCare by certified mail or overnight courier to HelpCare, at 1400 Preston Rd Ste 400, Plano, TX 75093.
