Overview:
Welcome to HelpCare+! This website is owned and operated by HelpCare, LLC, a Texas limited liability company ("HC+"). 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 specialists, and other related products and services ("HelpCare Services").
These Terms of Service - Legal Disclaimer, (the "Terms of Service - Disclaimer"), apply to visitors to the following publicly available websites that are owned and operated by HelpCare: https://www.HelpCcarePlus.com and their associated domains and mobile applications (collectively, the "Websites" or "Sites"). HelpCare offers the websites, including all information, tools, and services available from these sites to you ("you" or "your"), the user or visitor, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here in our Terms of Service - Disclaimer. By using the Websites, you expressly agree to the terms of service set out in these Terms of Service - Legal Disclaimer. If you do not agree to these Terms of Service - Legal Disclaimer, you should immediately cease all use of and access to the Websites.
Please review these Terms carefully. By using our Sites, purchasing something from us, using any part of the Site in any way (including but not limited to browsing), and/or creating an Account, you engage in our "Service" and acknowledge that you have read, understood, and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms of conditions and policies referenced herein and/or available by hyperlink. If you do not want to agree to the Terms of Service or the Privacy Policy, you must not access or use this Site. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. These Terms are a legally binding contract between you and HelpCare. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. If you do not agree to all the terms and conditions of these Terms of Service, you may not access the Sites or use any of the Services and should immediately cease all use of and access to the Sites.
The Terms of Service contain an arbitration clause and class action waiver that will affect how disputes with HC+ are resolved. ACCORDINGLY, EXCEPT FOR THE LIMITED CIRCUMSTANCES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR TO A TRIAL BY JURY.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may revise and update these Terms of Service by posting updates and/or changes to our website at our sole discretion. Any change or modification will be effective immediately upon posting the revisions on the Site. It is your responsibility to check this page periodically for changes that may affect your rights or obligations, as they are binding on you. Your continued use of or access to this Site following any posted changes to these Terms means you accept and agree to the changes. If you disagree with the amended terms, you must stop using the Site.
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:
We reserve the right to refuse service to anyone for any reason, at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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.
Introductory Offer and Membership Subscription:
By signing up with HelpCare, you understand that you maybe signing up for an introductory discounted offer for the HelpCare Services and hereby authorize HelpCare to charge your payment card or other payment instruments ("Payment Method") for your monthly subscription to our services and any associated fees incurred in association with these Terms ("Paid 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. You must ensure that, at all times, your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to HelpCare and notifying HelpCare of any changes to such information.
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.
We use a third-party payment processor (the "Payment Processor") to bill you for any Paid Services through a payment account linked to your account (your "Billing Account"). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method. Still, if the Payment Processor cannot charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel your order or terminate your access to the Services and seek collections in the event that we are unable to charge the provided Payment Method successfully. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that the Payment Processor or we make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to receive payment request communications from us, incur applicable late fees, and pay all amounts due on your Billing Account upon demand.
We reserve the right to modify or waive fees required to use certain parts of our Services at any time without notice. You are solely responsible for reviewing and understanding your monthly charges, which may change from time to time. It is your responsibility to regularly check your account for any updates to pricing or fees. The monthly fee for being an active member of our services, as well as any late fees accrued, remains your responsibility unless you cancel your membership in accordance with our cancellation policy. Any pricing, fees, and payment terms presented to you during the use or sign-up process for membership are considered part of these Terms of Service.
Recurring Billing and Auto-Renewal:
Our services are offered as a membership subscription program that involves a recurring payment of a monthly fee. After the completion of the discounted trial period that starts the day you sign up, you will be charged the regular monthly membership fee (each month, a "Billing Period") to the payment form provided during the initial registration for the discounted promotional trial membership.
Unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership subscription, you understand it will automatically continue and you authorize us, or a third-party payment processor (without notice to you, unless required by applicable law), to collect the then-applicable fees and any taxes, using any valid payment method we have on record for you.
Fees for the membership subscription plans will be stated at the time of your purchase or sign-up, as applicable. The fees for our membership subscription plans may change at any time in HelpCare's sole discretion. All such pricing changes will be posted to the Website. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms.
Your Account will remain active, and you will remain eligible to participate in the membership subscription program for subsequent Billing Periods after we successfully receive your payment for each applicable Billing Period. If you do not want to continue to be charged on a recurring monthly basis, you must Cancel or Pause the applicable membership subscription service or terminate your Account before the next payment occurs.
You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. You will not receive a notice from us that your discounted trial period has ended or that the full priced portion of your membership has begun. You can cancel your participation in this program 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. There is no obligation and no minimum required purchase. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIOD.
By choosing a recurring Membership Service, you acknowledge that such Paid Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges before cancellation. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR CANCELLED OR PAUSED THE SERVICES OR YOUR ACCOUNT. Such notice will not affect charges that have already been submitted or are in process.
If all credit cards we have on file for you are declined for payment of your membership subscription fees, we may cancel your membership subscription, as applicable, unless you provide us with a new credit card. If you provide us with a new credit card and are successfully charged before your membership subscription is cancelled, your membership subscription Billing Period will be based on your original membership subscription date and not the date of the successful charge.
Inactivity in your account does not release you from your payment responsibilities and does not automatically cancel the Membership Service to HelpCare.
Payment Authorization:
Unless and until your Membership Service is cancelled in accordance with the terms hereof, you authorize HelpCare to charge the credit or debit card provided to pay for any charges previously agreed upon as described in these Terms of Service. You further authorize HelpCare to charge the credit or debit card provided for any and all products and website access provided by HelpCare in accordance with these Terms of Service. A user is only allowed to have one membership at a time.
Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Period. You also agree that we may continue to retry your payment methods for any payment declines for any reason and request updated account information from your payment provider.
Your non-termination, continued use of a Membership Service, or use of our Services reaffirms that we (and/or our Payment Processor) are authorized to charge your Payment Method for that Membership Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Taxes:
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any recurring membership subscription fees), provided that HelpCare may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Your Obligations:
Subject to your compliance with these Terms of Service - Legal 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.
When you access or use the HelpCare website or your personalized HelpCare account, you are solely responsible for maintaining the confidentiality of your account and for restricting access to your computer. You are further responsible for all activities that occur under your personal account and your password. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you are under 18 years of age, you may only use the HelpCare services and website under the guidance and direction of a consenting parent or guardian who accepts the Terms. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. Please note that HelpCare reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.
In the case where a customer files a chargeback or fails to make any payment due, HelpCare has the right to recover its direct and indirect costs and cancel any promotional offers or other benefits, as determined in HelpCare's sole and absolute discretion.
Furthermore, we reserve the right to refuse any order or signup you place with us. We may, in our sole discretion, limit or cancel memberships purchased per person, per household, or per order. These restrictions may include membership orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel a membership, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. In addition, we reserve the right to limit or prohibit memberships that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or competition.
You agree to provide current, complete, and accurate purchase and account information for all signups made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
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:
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.
Changes to HelpCare Services or Canceling your Account:
You may terminate your Account or Membership Service ("Service") anytime, for any reason. Log into your HelpCare account at https://www.HelpCarePlus.com/account 24 hours a day, seven days a week, 365 days a year, to request the cancellation of your service. Your account will remain active until you receive an email confirmation that your account has been canceled correctly.
Please note that you will not receive any refunds for amounts previously paid for the Membership Services or applicable late fees, and you will still be responsible for payment of any fees or charges incurred by you before termination of your membership subscription. You agree that HelpCare can continue to make collection attempts on your payment method and/or send communication regarding payment collection until all payments are complete, even if the account is suspended, limited, or canceled.
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.
Account Termination:
You agree that HelpCare, in its sole and absolute discretion, may and can suspend, limit, cancel or terminate your account (or any part thereof) or your use of the software, products, Services, or the Site, and remove and discard all or any part of your account or any Submissions, for any reason whatsoever including your breach of these Terms. HelpCare may also, in its sole and absolute discretion and at any time, discontinue providing the services, products, or the Website, or any part thereof, with or without notice. You agree that any termination of your access to the products, services, or the Website or any account you may have or portion thereof may be affected without prior notice, and you agree that HelpCare shall not be liable to you or any third party for any such termination. HelpCare 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. At any time, and without cause, subscription to the Service described in "Recurring Billing and Auto-Renewal" may be terminated by HelpCare or the subscriber upon notification at https://www.HelpCarePlus.com/account. When you request termination of such service, charges already incurred are NOT refundable. You are liable for charges incurred until termination of service. Termination requests should be made prior to the next billing cycle.
Intellectual Property Rights and Content on our Website:
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. HelpCare is committed to providing current and accurate information on our website, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate, or complete, nor do we take responsibility for any information made available on this site that is not accurate, complete, or current. In rare circumstances, data, including descriptions, promotions, and offers, may be inaccurately displayed on our Site due to system and typographical errors or omissions which may occur. Inadvertent errors or inaccurate advertised prices or promotions are not binding on HelpCare and may be adjusted by HelpCare at any time. HelpCare reserves the right to correct any and all errors when they do occur, at its discretion without prior notice (including after you have submitted your order), and notify the customer only when we deem it appropriate or necessary.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and that reliance on the material on this site is at your own risk. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.
Information that we communicate is not a binding contract and should not be treated as such. There is no remedy for a customer acting on incorrect information.
You acknowledge and agree that if you send us creative suggestions, testimonials, ideas, notes, drawings, concepts, photographs, images, input, comments, questions, or other information, irrespective of form or media, of any kind or nature whatsoever ("Submissions"), such Submissions shall be deemed and shall remain the exclusive property of HelpCare in perpetuity, subject to applicable federal, international, and state laws. By making Submissions, the sender automatically grants, or warrants that the owner of such material expressly grants, HelpCare a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and transferable license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or hereafter developed, for the full term of any copyright, trademark, or patent that may exist in such material for any purpose that HelpCare chooses, whether internal, public, commercial, or otherwise, without any compensation, credit, or notice to the sender whatsoever or restriction. The sender waives all so-called "moral rights" and goodwill with respect to all such Submissions. The sender further waives the right to make any claims against HelpCare relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and breach of confidentiality, and further agrees to indemnify, defend and hold harmless HelpCare, its partners, officers, employees and agents from any and all third-party claims associated with such Submissions and the usage thereof. 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.
Product Reviews and User Content:
HelpCare's website and social media accounts include or may include in the future a product review feature, discussion forums, user-generated content, or other areas or services in which you or a third party has the opportunity to create, post, or store content, messages, materials, reviews, or other items on our website or social media accounts ("Interactive Areas"). You shall be solely responsible for your use and the content provided. By using any Interactive Areas or Third Party Review collection sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our website any of the following: (a) Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("User Content") that is or would reasonably be considered to be unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law, statute or regulation, including, but not limited to, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ; (c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) Unsolicited promotions, political campaigning, advertising or solicitations; (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (g) Viruses, corrupted data or other harmful, disruptive or destructive files; and (h) User Content that, in the sole judgment of HelpCare, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our website, or which may expose HelpCare or its users to any harm or liability of any type.
If you post User Content to our website or social media, email User Content to HelpCare, and/or provide HelpCare permission to use, repost, or otherwise share User Content you have created or shared on social media, you grant HelpCare a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant HelpCare and sublicensees the right to use the name you submit in connection with such content if they choose to do so. You represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the right to such User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
HelpCare disclaims any responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party or for any loss or damage thereto, nor shall HelpCare be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter as a result of said User Content posted. HelpCare is not liable for any statements, representations, or User Content provided by its users in any public forum, review sites, your personal home page, social media pages, or other Interactive Areas. Additionally, HelpCare reserves the right and has absolute discretion to remove, screen, or edit any User Content posted or stored on our website or social media pages or any third-party review sites at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our website at your sole cost and expense.
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. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions connected with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Personal Information:
Your submission of information through the site is governed by our Privacy Policy. Please review our current Privacy Policy here. By using this Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Consent to Receive Periodic Messages:
By using the Services, you consent to receive communications from us, including informational text messages, emails, and phone calls (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, providing other transactional information, promotional marketing, or requesting payment) to the contact information that you provide to us by any means. You represent and warrant that you are the owner of the communication method (email, address, phone number) that you provide when you create an Account. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services. Please also note that you will need to opt out of communications for each Service that you sign up for. You agree to indemnify and hold HelpCare harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to your breach of the foregoing.
Prohibited Uses:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
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.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree that from time to time, we may remove the Service for indefinite periods or cancel the service at any time without notice to you. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
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 of Service - 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 of Service - Disclaimer. You agree that the limitations of liabilities are fair and reasonable in the circumstances.
Severability:
These Terms of Service - 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 by a court or other tribunal of competent jurisdictionsuch 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.
No waiver by HelpCare of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HelpCare to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Termination:
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you future access and use to our Services (or any part thereof).
Entire Agreement:
These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.
Agreement to Arbitrate:
At HelpCare's sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. You further agree that arbitration must be on an individual basis and that you are hereby waiving your right to join or consolidate Claims in arbitration or arbitrate any claims as a representative or member of a purported class. You acknowledge and agree that you are waiving the right to a trial by jury. This arbitration provision shall survive the termination of these Terms, as well as any other contractual agreement that you have with the Company.
You acknowledge and agree that, by agreeing to these Terms, the Federal Arbitration Act ("FAA") shall govern the interpretation and enforcement of this provision and that any such arbitration must proceed before a mutually agreed upon single arbitrator licensed to practice law in the state of Texas. The arbitrator shall have the authority to award or grant legal, equitable, and declaratory relief only to the extent necessary to provide relief necessitated by that party's individual claim. Any relief awarded cannot affect other users or customers of the Site. Such arbitration shall be final and binding on the parties.
Limitation on Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law:
All matters relating to the Site and these Terms of Services, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Services or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Geographic Restriction:
The Services are controlled or operated (or both) from the United States and are not intended to subject HelpCare to any non-U.S. jurisdiction or law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations of the United States in doing so. We may limit the Service's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that HelpCare chooses.
Modifications to these Terms of Service - Disclaimer:
HelpCare may, at any time and from time to time, amend these Terms of Service Legal Disclaimer. You can review the most current version of the Terms of Service -Legal Disclaimer at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service -Legal Disclaimer by posting updates and changes to our website. HelpCare may provide notice to you via the e-mail address you provided during registration or by a general notice on the Websites but it will be your responsibility to check our website periodically for changes. Any changes will be effective immediately upon posting. You agree to review the Terms of Service - Disclaimer periodically and your continued use of the Websites following any such change constitutes your agreement to follow, accept, and be bound by these Terms of Service - Legal Disclaimer as amended.
Contact Us:
If you have any questions or complaints regarding the Services or these Terms, contact us at legal@helpcareplus.com. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information, medical information, or other sensitive information in your email correspondence with us. If you have a disability and would like to access these Terms of Service in an alternative format, please email us at legal@helpcareplus.com, and we would be happy to oblige.
Last Updated: March 12, 2025