Website Terms of Service and Telehealth Access Terms

Site Content

We operate this Site to provide general information and to facilitate access to Clinical Services to be provided by licensed physicians, advanced practice providers, and other licensed healthcare professionals (collectively, the “Health Care Professionals”). The Company does not practice medicine, nursing, or any other licensed healthcare profession. The Company does not diagnose, treat, prescribe medication, order tests, make referrals, provide urgent care, provide primary care, or make clinical decisions. Any Clinical Services made available through or in connection with the Site are provided solely by Health Care Professionals practicing through independent physician-owned professional entities.

While the Site is intended to serve the general public by providing general information about health care services, and may facilitate access to Clinical Services by Health Care Professionals, the Company does not itself provide any Clinical Services and the Site is not intended to interfere with the provision of Clinical Services by Health Care Professionals. The provider-patient relationship, if any, is between you and the applicable professional entity and/or licensed Health Care Professional, and not with CareConnex. CareConnex does not control or interfere with any Health Care Professional’s clinical judgment.

The Site and Clinical Services are not a substitute for a primary care provider, in-person medical examination, emergency care, urgent care, diagnosis, treatment, prescription services, or ongoing disease management.

If you have a medical emergency or believe you may need urgent medical attention, call 911 or seek emergency care immediately.

Content on the Site is offered to the general public as educational and is strictly informational. Your use of the Site warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms of Service. Although the Company attempts to ensure the accuracy and integrity of the information on the Site, it makes no representations, warranties, or guarantees as to the accuracy of the Site and its content, and it is possible that the Site could include typographical errors, other errors, or inaccuracies, or that unauthorized additions, deletions, and/or alterations could be made to the Site by third parties. In the event that any inaccuracy arises, please inform us so that it can be corrected.

The Site may provide access through links to third-party websites, platforms, tools, forms, portals, or resources. These third-party resources may offer recipients access to information, forms, or other resources for which participants may receive additional terms, notices, or disclosures before being granted access.

Important Notice: Health Services & Information

The Company is not a medical practice and does not engage in the practice of medicine. It is important to note that “Clinical Services,” as defined above and used throughout this document, means services furnished by independent professional entities and licensed Health Care Professionals. CareConnex itself is not a licensed medical professional; CareConnex owns and operates the Site and provides non-clinical website access, general information, appointment-request intake, scheduling support, communications support, and related coordination to help eligible patients request access to Clinical Services.

Clinical Services are provided by independent Health Care Professionals practicing through independent physician-owned professional entities. Each Health Care Professional is responsible for their own professional service, clinical judgment, and compliance with the requirements applicable to their profession and license. You acknowledge and agree that CareConnex is not acting as a medical provider with respect to any person and does not control, direct, or supervise the clinical judgment of any Health Care Professional.

Telehealth Services Only

The Site is intended to help eligible patients request access to preventive telehealth services. Clinical Services are limited preventive services and are not the same as a comprehensive physical examination, urgent care visit, sick visit, diagnostic visit, treatment visit, or ongoing primary care relationship. If, during an encounter, a licensed Health Care Professional determines that you may need care outside the scope of the Clinical Services available through MedCare’s workflow, you may be advised to contact your primary care provider, seek in-person care, or obtain emergency care, as appropriate.

Eligibility; No Guarantee of Coverage

Clinical Services are available only to patients who meet applicable eligibility requirements and who are physically located in a state where the applicable professional entity and licensed Health Care Professional are authorized to provide the service. You agree to provide accurate and complete information to support eligibility review and the Clinical Services workflow. CareConnex does not guarantee that you are eligible for any Clinical Service or that any Clinical Service will be covered or reimbursed by Medicare, Medicare Advantage, Medicaid, or any other government or private health plan.

No Patient Charges

We do not collect credit card information from patients and do not bill patients directly for Clinical Services. The applicable professional entity may bill Medicare, Medicare Advantage, Medicaid, or another applicable payor directly for covered Clinical Services, as permitted by law and payor rules. Clinical Services are available at no cost to eligible patients when covered under applicable plan rules. If a non-covered service is inadvertently performed through MedCare’s workflow, you will not be billed by CareConnex or the applicable professional entity for that non-covered service.

Consent to Telehealth

By requesting, scheduling, accessing, or participating in MedCare’s workflow, you consent to receive Clinical Services from a licensed Health Care Professional using remote communications technology, which may include telephone, audio, video, electronic communications, or a combination of these methods.

You understand that telehealth has limitations. A licensed Health Care Professional providing Clinical Services may not have the same information that would be available during an in-person examination and may not be able to observe or evaluate all physical conditions. Technical failures, connection problems, equipment issues, or incomplete information may affect the encounter.

You agree to provide accurate and complete information and to confirm your physical location at the time of the telehealth encounter. You may withhold or withdraw your consent to telehealth at any time before or during the encounter, but doing so may prevent completion of the Clinical Services through MedCare’s telehealth workflow.

You understand that Clinical Services are preventive in nature and are not intended to diagnose or treat medical conditions, replace a physical examination, or address urgent or emergency medical needs.

Call and Visit Recordings

Calls, telehealth encounters, and other communications may be monitored or recorded for quality assurance, documentation, training, compliance, operational support, and patient-care support purposes, where permitted by applicable law and with any required notice or consent. By continuing with a call or telehealth encounter after receiving notice that the communication may be recorded, you consent to such recording. If you decline recording where consent is required, MedCare or the applicable professional entity may be unable to proceed through that workflow.

Permissions and Restrictions for Use of This Site

The Company hereby grants to you a limited, non-exclusive, non-transferable, revocable right to access and use the Site for your personal, non-commercial use, subject to these Terms of Service and applicable law. You may not use the Site for any unlawful, fraudulent, abusive, harmful, or unauthorized purpose. Use of this Site is for your personal, non-commercial use only; you represent that the information you provide is true, accurate, and complete, to the best of your knowledge. The Site is intended for use by individuals located in the United States.

The contents of this Site, including, without limitation, text, design, graphics, images, logos, trademarks, service marks, and other content (collectively, the “Content”) are owned by or licensed to the Company, its third-party vendors, licensors, service providers, and/or other third parties. The Content is protected under copyright, trademark, and other laws. Your use of the Site provides limited access to view, download, and print the Content solely in conjunction with your permitted personal, non-commercial use. No portion of the Site should otherwise be reproduced, stored, transmitted, sold, modified, displayed, or used for any public or commercial purpose without permission. Use of any Content on the Site does not grant ownership rights to such Content or to the Site.

Unauthorized access to the Site and its Content via hacking is prohibited, as is the use of bots, spiders, scrapers, web crawlers, indexing agents, deep-links, or other devices, mechanisms, or programs intended to access, copy, or interfere with the Site or its Content without authorization.

Additionally, restrictions on use of the Site include accessing or tampering with non-public areas of the Site or our systems. You may not interfere with the access of any Site user, host, or network related to our Site, including by sending viruses, overloading, flooding, spamming, mail-bombing, introducing harmful code, attempting to bypass security or access-control features, or attempting to tamper with or change any Site-related software.

Any use of our Site or its Content not expressly permitted within these Terms of Service is a breach of these Terms of Service and may violate applicable laws. The Company reserves the right, in its sole discretion, to deny or suspend use of the Site to anyone for any reason.

Information You Submit

You may choose to submit information through the Site or in communications with MedCare. You agree that all information you provide will be true, accurate, current, and complete to the best of your knowledge. The Company may use information you provide to respond to your request, support intake, coordinate scheduling, assist with eligibility-related review, communicate with you, and support the related Clinical Services workflow. Certain information may be shared with the applicable professional entity, licensed Health Care Professional, or service provider as reasonably necessary to support the requested service and as permitted by applicable law.

To the extent information you provide is protected health information under HIPAA or other applicable health privacy laws, such information will be handled in accordance with applicable privacy notices and legal requirements.

You agree not to provide any information that is false, inaccurate, misleading, fraudulent, unlawful, harmful, or that violates or infringes the privacy, copyright, trademark, trade dress, trade secret, intellectual property, or other rights of any person or entity, or that contains or transmits a virus or any other harmful component.

Communications; SMS and Email

By providing your telephone number or email address, you authorize the Company, the applicable professional entity, and their service providers to contact you regarding your request, scheduling, appointment reminders, coordination, and related operational communications. You are responsible for providing accurate contact information and for updating us if your telephone number or email address changes.

SMS Terms of Service

If you consent to receive conversational or informational SMS messages from CareConnex Health Solutions, Inc. d/b/a MedCare, you agree to receive text messages regarding your request, appointment scheduling, appointment reminders, requested call-backs, status updates, and related operational communications. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out; reply HELP for support. Visit https://medcare.org/privacy-policy/ to review our Privacy Policy and these Terms.

SMS Help and Opt-Out Messages

If you text HELP, you may receive a response such as: “Thank you for contacting MedCare. You can find help online at www.medcare.org.”

If you text STOP, you may receive a confirmation message such as: “You will no longer receive messages from MedCare. To opt back in at any time, reply START.”

You may opt in to SMS communications through a web form, verbally, by text message, or through another medium made available by MedCare. By opting in, you consent to receive the SMS messages described above. Consent to receive SMS messages is not a condition of receiving Clinical Services. SMS messages should not be used for emergencies or detailed clinical communications. We do not sell or share SMS opt-in consent with third parties for their own marketing purposes; service providers may process SMS messages on our behalf.

Links and Third Parties

Our Site may contain links to websites, platforms, tools, forms, portals, or resources owned by third parties. Such resources are provided as a convenience to our users. These links, and any associated content, are not intended to be an endorsement, recommendation, referral, or guarantee by the Company. We are not responsible for and do not make any representation regarding the content, information, security practices, privacy policies, availability, accuracy, or terms of these websites, platforms, tools, forms, portals, resources, or third parties. If you decide to access any third-party website, platform, tool, form, portal, or resource using links from our Site, you do so at your own risk and may be subject to separate terms and privacy practices.

Disclaimers

Use of this Site is at your own risk. We provide no warranty that our Site will operate without interruption or error, or that the Site and its server are free from viruses or other harmful technologies. Any subsequent damage to your computer system, mobile device, or data that results from your use of the Site falls under your assumed risk and responsibility. Further, while we aim to ensure appropriate and accurate sharing of information, we make no warranties regarding the Content of the Site, its quality, accuracy, truthfulness, completeness, timeliness, availability, or reliability.

The Site and its Content are provided on an “as is” and “as available” basis without any warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND SYSTEM INTEGRATION.

Content on the Site is provided for general educational and informational purposes only and is not medical advice, diagnosis, treatment, a prescription, a referral, or a substitute for professional medical judgment. You acknowledge and agree that the Company does not control the clinical judgment of any professional entity or licensed Health Care Professional and is not responsible for any clinical act or omission, professional judgment, recommendation, or professional service provided by them.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, CARECONNEX, MEDCARE, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, VENDORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO ANY USER OF THE SITE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, ITS CONTENT, COMMUNICATIONS, OR ANY THIRD-PARTY WEBSITES, PLATFORMS, TOOLS, FORMS, PORTALS, OR RESOURCES LINKED TO OR MADE AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARECONNEX SHALL NOT BE LIABLE FOR ANY CLINICAL ACT OR OMISSION, PROFESSIONAL JUDGMENT, RECOMMENDATION, OR PROFESSIONAL SERVICE PROVIDED BY ANY PROFESSIONAL ENTITY OR LICENSED HEALTH CARE PROFESSIONAL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARECONNEX’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INCLUDING ERRORS OR INACCURACIES WITHIN THE SITE OR ITS CONTENT, IS TO STOP USING THE SITE.

Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE COMPANY, CARECONNEX, MEDCARE, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, VENDORS, SERVICE PROVIDERS, AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (A) YOUR UNAUTHORIZED USE OR MISUSE OF THE SITE; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR SUBMISSION OF FALSE, INACCURATE, INCOMPLETE, MISLEADING, OR FRAUDULENT INFORMATION; (D) YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHTS; OR (E) YOUR NEGLIGENT, FRAUDULENT, ABUSIVE, OR INTENTIONAL MISCONDUCT.

Governing Law; Venue

These Terms and any dispute arising out of or relating to the Site, Site Content, or these Terms will be governed by the laws of the State of Illinois, without regard to conflict-of-law principles. Subject to applicable law, any action arising out of or relating to these Terms, the Site, or Site Content shall be brought in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction and venue of those courts.

Nothing in this section changes, limits, or supersedes the laws applicable to clinical services, telehealth services, patient consent, medical records, professional licensure, Medicare, Medicaid, Medicare Advantage, HIPAA, state health privacy laws, recording consent, or services provided by any licensed Health Care Professional or independent physician-owned professional entity.

Waiver; Severability

Any failure by the Company to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or any other provision. Should any competent court or arbitrator find any provision herein invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible, and all other provisions of these Terms will remain in full force and effect.

Violations; Feedback

Questions, feedback, or reports of suspected violations of these Terms may be submitted through the contact information made available on the Site. Feedback regarding the Site may be used by the Company without restriction or compensation.

Changes to These Terms

We may update these Terms from time to time by posting a revised version on the Site. The “Last Revised” date above will identify the date of the latest version. Your continued use of the Site after updated Terms are posted means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.