This AGREEMENT, is between HC Smart, Inc., (the Company), and the enrolled person (Client) with respect to Clients enrollment in the Company electronic medical record storage and/or telephonic physician consultant services, as selected by Client (the Program), on the date agreed to by the parties. In consideration of these premises and the mutual promises and covenants hereinafter contained, Company and Client, each intending to be legally bound hereby, agree as follows:
Section 1. Companys Obligations. Company shall provide the Program to Client so long as Client pays the fees agreed to in connection with the Program. Client shall enroll in the Program and register with Company in the manner prescribed by Company. Client shall continue to have access to the Program until Client terminates his or her membership in the Program, or Company or Client terminates such membership as permitted under this Agreement. The Program encompasses the services described by Company in its enrollment materials.
Section 2. Clients Obligations. Client shall pay Company the fees for the Program as set forth in the enrollment materials. Your membership will be processed with your financial institution within the next 24 hours. Client can cancel the membership at any time and receive a full refund for the previous 30 days of the membership.
Section 3. Term. The initial term of this Agreement (Initial Term) shall end one (1) year from the effective date of this Agreement. Upon expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year terms (each a Renewal Term) unless written notice is given at least ninety (90) days prior to the effective date of any Renewal Term.
Section 4. Amendment. This Agreement shall automatically terminate upon the liquidation, dissolution, cessation of business or the filing of a bankruptcy petition by or against either party. Upon termination of this Agreement for any reason, Client shall pay Company for all services rendered through the effective date of termination. This Agreement may only be amended from time to time by a writing signed by both parties. No waiver by Client or Company of any provision herein, shall operate as a waiver of any other provision or the same provision on a future occasion.
Section 5. Limitation of Liability. Company shall have no liability whatsoever for any indirect, consequential, exemplary, special, incidental or punitive damages. Company liability to Client for any reason and upon any cause of action, whether tort, contract, statute or any other legal theory whatsoever, shall be at all times and in the aggregate be limited to the lesser of $1,000, or the amount of compensation actually paid by Client to Company during the three (3) month period immediately preceding the month in which the event upon which the liability is predicated.
Section 6. Assignment. The rights and obligations of the assigning party under this Agreement shall not be assigned to any other individual, firm, corporation, association or other entity without the prior written approval of the non-assigning party, which approval shall not be unreasonably withheld, delayed or conditioned; provided that nothing contained in this Agreement shall prevent assignment or be deemed assignment of this Agreement in connection with the merger, sale of capital stock or sale of all or substantially all of the assets of Company.
Section 7. Cancellation and Refund Policy. Client may cancel the membership at any time and receive refund for the previous month of service for the monthly memberships or pro-rated refund for the previous month of service plus remainder of the annual service for the annual memberships. Doctors’ consultation fees incurred during this period cannot be refunded.
Section 8. Purchase Terms. Unless special promotional offer is specified our regular member fees are charged monthly at the rate of $14.95 or annual rate of $149.50 for the individual memberships and monthly rate of $19.95 or annual rate of $199.50 for the family memberships. Two doctor consultations per year are included for MDhotlineTM Family annual memberships and one doctor consultation per year is included for MDhotlineTM Individual annual memberships. Members will be charged $35 fee for every additional doctor consultation.
Section 9. Disclaimer. Company does not make any express or implied representations or warranties, including but not limited to any warranty of merchantability or fitness for a particular purpose with respect to the Program. MDhotlineTM is not a health insurance product.
Section 10. Specific States Regulations. Following States have restrictions on consultations and prescribing over the phone, Internet or video devices:
AR — Informational only — no diagnosis — needs in-person examination unless there is cross-coverage situation. Short term scripts and video consults recommended.
CO — Informational consultation and diagnosis, no prescriptions unless continuing/providing short term medication during cross-coverage situation when primary physician is not available.
FL — Informational consultation and diagnosis, no prescriptions unless cross-coverage situation when primary physician is not available. Video Consults recommended.
ID — Informational consultation and diagnosis, prescription only if a documented patient evaluation adequate to establish diagnosis and identify underlying conditions and/or contraindications to the treatment.
MO — Informational consultation and diagnosis and prescription allowed in cross coverage situations when primary physician is not available.
NE — Informational consultation only, no diagnosis, no prescription unless previous physical examination exists or arrangement exists to ensure availability of the physician or physician coverage for follow-up patient care.
NH — Informational consultation and diagnosis, no prescriptions unless for medication on a short-term basis for a new patient prior to the patient’s first appointment.
SC — Informational consultation and diagnosis, no prescriptions unless for medication on a short-term basis for a new patient prior to the patient’s first appointment.
TN — Informational consultation and diagnosis, no prescriptions unless for medication on a short-term basis for a new patient prior to the patient’s first appointment.
UT — Informational consultation and diagnosis, no prescriptions unless cross coverage situations when primary physician is not available.
WV — Informational consultation and diagnosis, no prescriptions unless cross coverage situations when primary physician is not available.
The benefit services are effective immediately after enrollment. You will receive your membership ID via your email address or U.S postage within 5 days of your enrollment date. Savings given through the provider contracts vary depending on procedure and location. If you currently have health insurance, we encourage you not to drop your current coverage unless you have done a complete comparison of benefits. Your membership renews automatically by continuing the payment of the monthly dues. There is no renewal fee. You may cancel your membership by U.S mail or by calling our customer service department Monday through Friday, 9am to 6pm Eastern Standard Time at phone number 800-326-0085 and your membership and billing will cease. This document contains the entire Agreement of the parties. It supersedes any and all prior agreements, understandings or representations, whether oral or written. Neither party shall be responsible for delays in performance due to strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, regulations, or restrictions, transportation conditions, product/service suppliers or any other causes whatsoever that are beyond the reasonable control of Company. This Agreement shall be interpreted exclusively according to the laws of the State of Florida without regard to its conflicts of laws principles. Any paragraph titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context of this Agreement. Except as set forth herein, the parties hereto do not intend to confer any rights or remedies upon any person other than the parties named below.