ONERCALL TERMS OF USE

Effective Date: April _19_, 2021
Last Updated: April _19 , 2021

This Terms of Use Agreement (the “Terms”) is a binding legal agreement between you, as an individual or entity (“you”), and OnERcall LLC (hereinafter “OnERcall” “us” or “we”). By visiting Onercall.com (the “Website”) or downloading, installing, using, or accessing any of OnERcall’s various web-based or mobile applications (the “Platforms”), you signify that you have read, understand, and agree to be bound by the terms of the Terms. If you do not agree to any aspect of the Terms, you should immediately cease use of and access to the Website and the Platforms.

MEDICAL DISCLAIMER: IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY. Do not rely on electronic communications through our Website or Platforms for immediate, urgent emergency medical needs. The Platform is not a physical emergency room, and is not meant to serve as a replacement for a hospital emergency department or local Emergency Medical Services (EMS).

1. Your Access to the Platforms
The Platforms are downloadable or web-based applications that facilitate remote access to medical services (the “Services”) from unaffiliated, independent, healthcare providers through OnERcall VA, P.C. (the “Providers”). In order to use the Platforms, you must create an individual user account by providing certain information. You agree that you will not make more than one account without the consent of the other person. In order to facilitate your use of the Services, you agree to provide and maintain true, accurate and complete information about yourself as required during enrollment. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to the Terms. If you are under 18, you may not sign up for Services on your own and care must be initiated through a parent or legal guardian’s account, with their consent.

You further certify that you are physically located in the state that you have entered as your current location on the Website or Platform, which shall be within the Commonwealth of Virginia, State of Maryland, or the District of Columbia. You acknowledge that your ability to access the Platforms and the Services is wholly conditioned on the truthfulness of the foregoing statement. In the event your certification is or becomes inaccurate, you agree to indemnify OnERcall and all Providers from any resulting damages, costs or claims as further described in Section 15(a) below.

2. License
OnERcall hereby grants you a limited, non-exclusive, revocable, non-transferable license to use the Platforms pursuant to the Terms. The Platforms are licensed, not sold, to you by OnERcall for use strictly in accordance with the terms of the Terms. If you wish to use or back-up the Platforms on another Device, said use will be subject to these Terms as you agree to them in downloading the Platforms on that device.

3. Our Role in Providing the Website and Platforms
OnERcall is not a healthcare provider, health insurance provider, pharmacy, or prescription fulfillment center. Through the Website and the Platforms, OnERcall provides certain generalized health information to the general public and facilitates your access to the Providers’ medical advice and other medical services remotely (“Telemedicine”). All the Providers are independent of OnERcall and simply using the Website and Platforms to communicate with you and render Telemedicine services. OnERcall is not responsible for acts, omissions or advice transmitted to you or obtained by you through Telemedicine. OnERcall does not engage in the practice of medicine and any information or advice you receive from a Provider comes from the provider, and not from OnERcall. OnERcall does not make any representations of warranties about the healthcare training and/or skill of any Providers using the Services. As such, you assume full responsibility for, and all risks associated with, your reliance on any Providers.

4. Telemedicine Terms
Your use of the Services is further conditioned on the following additional terms:

  • You must be physically located in the Commonwealth of Virginia, the State of Maryland, or the District of Columbia in order to access the Services;
  • The laws of your jurisdiction may limit Providers’ ability to prescribe certain medications. Please note, we do not prescribe any controlled substances or psychiatric medications, including narcotics and sedatives via the Platforms;
  • You are prohibited from texting or otherwise transmitting photographs to Providers; and You must not engage in unlawful, obscene, harassing, or inappropriate behavior while using the Services. Such behavior will result in the termination of your current session, termination of your access to the Website and Platforms pursuant to Section 16 herein.

5. Informed Consent
As with any medical procedure, prescription or advised course of action, Telemedicine is associated with risks, including but not limited to:

  • Delays in evaluation due to failures or limitations in equipment and technology, including poor bandwidth, hardware, or connection;
  • Lack of access to complete medical records, raising the risk of adverse drug or allergy interactions; and
  • Failure of security protocols, leading to the unauthorized transmission of personal medical information.

By accepting these Terms, you acknowledge and agree with the following:

  1. You acknowledge the above risks and hereby consent to the use of Telemedicine and the use of automated and electronic tools for diagnosis, care and treatment, as well as for communication regarding the same.
  2. You consent to the electronic communication, such as, emails or in-Platform notifications, of your personal medical information and potentially containing protected health information (“PHI”). You understand that the laws that protect PHI also apply to telemedicine. Your PHI is protected in accordance with the Provider’s Health Insurance Portability and Accountability Act Notice of Privacy Practices (the “Privacy Notice”), which is available here. The Privacy Notice describes how the Provider and we can use and share your PHI and also describes your rights with respect to your PHI. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice with respect to PHI, the Privacy Notice will prevail.
  3. You understand that your PHI may be shared with others for: treatment, operations, scheduling, billing, in response to a court order for medical records, to report suspected abuse, neglect, or domestic violence, and as reasonably necessary to prevent or reduce a serious threat to anyone’s health or safety.
  4. You understand that you may expect the anticipated benefits from the use of telemedicine, however, no results can be guaranteed or assured.
  5. You understand that your care, including the scope of care, will be at the sole discretion of the Provider who is treating you. The Provider will assess whether your condition is appropriate for Telemedicine.
  6. You understand that you will not be prescribed any DEA controlled substances or psychiatric medicines, and you are not guaranteed any prescription at all.
  7. You understand that you may withdraw your consent to the above by deactivating your account at any time for any reason.

I HAVE READ AND UNDERSTAND THE FOREGOING INFORMATION, INCLUDING THE RISKS OF TELEMEDICINE, AND BY ACCEPTING THE TERMS I GIVE MY INFORMED CONSENT TO PARTICIPATE IN TELEMEDICINE UNDER THE TERMS OF THE TERMS.

6. Restrictions
You understand and agree that you shall only use the Website and the Platforms in a manner that complies with any and all applicable laws in the jurisdictions in which you use either or both. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

You may not:

  • Create derivative works based on the Website or the Platforms;
  • Use the Website or the Platforms for any purpose other than as described herein;<
  • Copy or reproduce the Website or the Platforms except as described in the Terms;
  • Sell, assign, license, disclose, distribute or otherwise transfer or make available the Platforms or any copies of the Platforms in any form to any third parties;
  • Alter, translate, decompile, reverse assemble or reverse engineer the Platforms, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or,
  • Remove or alter any proprietary notices or marks on the Website or the Platforms.

7. Personal Information and Privacy
We may ask you to provide certain information about you during the enrollment process. All personal information that you provide to us will be governed by the OnERcall Privacy Policy (“Privacy Policy”) and is incorporated into these terms. The Privacy Policy describes the purposes for which we use your information. By choosing to use the Website or the Platforms, you indicate your understanding and acceptance of the Terms and the Privacy Policy. You understand and agree that OnERcall may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce the terms of the Terms, or protect the rights, property, or safety of OnERcall, its users, or the public.

8. Prohibited Activities
In addition to the other restrictions outlined in Section 6 above, you agree that you will not:

  • Use the Website or the Platforms for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in the Terms or the terms of any third party that govern a particular service;
  • Use the Website, the Platforms, or any other device, Platforms or routine in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website or the Platforms, or that could damage, disable, overburden, or impair the functioning of the Website or the Platforms in any manner;
  • Use the Platform while driving a vehicle or operating heavy machinery;
  • Compromise the security of the Website or the Platforms;
  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Website or the Platforms or to extract data;
  • Reverse engineer any aspect of the Website or the Platforms or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Website or the Platforms;
  • Use or attempt to use another user’s account without authorization;
  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
  • Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your OnERcall account or a OnERcall username;
  • Develop any third-party applications that interact with the Website or the Platforms without our prior written consent; and,
  • Use the Website or the Platforms for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

9. Account Security
After opening a OnERcall account, you are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access OnERcall. If you use any such application or client, you acknowledge and agree that OnERcall will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages. You agree to safeguard and not disclose your login information used to access the Platforms, and to notify OnERcall immediately if you suspect unauthorized use of your account.

10. No Warranty
ONERCALL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORMS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE PLATFORMS WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE PLATFORMS IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE PLATFORMS IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. ONERCALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT ONERCALL IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ONERCALL IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES.

11. Right to Modify Platforms, Website and Terms
OnERcall may modify the Platforms, the Website, and the Terms with notice to you either in email or by publishing notice on the OnERcall website or within the Platforms. You are responsible for regularly reviewing the Terms. In the event OnERcall modifies the Platforms or the Terms, you may terminate the Terms and cease use of the Platforms.

12. Title
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Website and the Platforms shall remain with OnERcall. Except for those rights expressly granted in the Terms, no other rights are granted, whether express or implied.

13. Payment Information:
By providing a credit card, you are agreeing that OnERcall is expressly authorized to process your credit card payments through its payment provider. Currently, OnERcall’s payment provider is a third-party vendor, Stripe. You hereby acknowledge and expressly consent to Stripe receiving, storing, charging and/or otherwise using your credit card and billing information. OnERcall may modify its payment provider at any time without notice.

Payment is necessary before a consultation with a Provider. You agree that authorizations to charge your credit card remain in effect until you cancel it in writing, and further you agree to notify OnERcall of any changes to your credit card. You acknowledge and agree to the fees for consultations, cancelled consultations, and no shows, and agree that such fees may increase at any time. In case of a rejected charge, OnERcall may at its discretion attempt to process the charge again at any time within 30 days. You have the right to contest a charge and request a refund within 60 days of the consultation.

14. Copyright Infringement
The Website and the Platforms are proprietary to OnERcall and are protected under United States copyright and trademark law, as well as other intellectual property laws and international treaties. OnERcall owns and shall continue to own all right, title and interest in and to the Website and the Platforms. This Terms does not grant you any ownership right or interest in the Website or the Platforms, and except for the limited license granted to you herein, the Terms does not grant you any other related right or interest in or to the Website or the Platforms, nor to any other intellectual property right of OnERcall whatsoever, whether by implication, estoppel or otherwise. Any and all trademarks or service marks that OnERcall uses in connection with the Platforms or the Website or with services rendered by OnERcall are marks owned by OnERcall. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

15. International Users
Export Restrictions
This Terms is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Platforms or information about such Platforms which may be imposed from time to time by the government of the United States of America. You shall not export the Platforms or information about the Platforms without consent of OnERcall and compliance with such laws, regulations, orders or other restrictions. The Website is hosted in the United States. If you are a user accessing the Website from any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Website, which are governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.

16. Disputes
a) Indemnification
By agreeing to these Terms you agree to indemnify, defend, and hold harmless OnERcall, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “OnERcall Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (i) your access to or use of the Website or the Platforms; (ii) your violation of these Terms; or (iii) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

b) Limitation of Liability
Except where prohibited by law, in no event will OnERcall or the OnERcall Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from: (i) the use of, or inability to use, the Website or the Platforms; (ii) the provision of the Website or the Platforms or any materials available therein; or, (iii) the conduct of other users of the Website or the Platforms, even if OnERcall has been advised of the possibility of such damages. You assume total responsibility for your use of the Website and the Platforms. Your only remedy against OnERcall for dissatisfaction with the Website or the Platforms or any content is to stop using the Website or the Platforms. If, notwithstanding these Terms, OnERcall is found liable to you for any damage or loss that arises out of, or is in any way connected with, your use of the Website or the Platforms or any content, OnERcall’s liability shall in no event exceed ten U.S. dollars (U.S. $10.00). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

c) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH OnERcall, AND LIMIT THE METHOD BY WHICH YOU CAN SEEK RELIEF FROM US.

  • Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by OnERcall that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and OnERcall are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and OnERcall, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  • Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. Arbitration shall take place within or within 10 miles of Fairfax, Virginia. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (U.S. $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (U.S. $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  • Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
  • Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and OnERcall, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and OnERcall.
  • Waiver of Jury Trial. YOU AND ONERCALL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and OnERcall in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ONERCALL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Fairfax County, Virginia.
  • Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  • Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  • Small Claims Court. Notwithstanding the foregoing, either you or OnERcall may bring an individual action in Fairfax County General District Court.
  • Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Fairfax County, Virginia, for such purpose.
  • Survival. This Arbitration Agreement will survive the termination of your relationship with OnERcall.

17. Termination
This Terms will terminate, along with your access to the Website and the Platforms, upon your violation of any term or condition contained herein. Further, OnERcall may, in its sole discretion, terminate said access, or any portion thereof, for any reason and without notice. To the extent permitted by applicable law, all disclaimers, warranties, indemnities, and limitations on liability shall survive any termination of the Terms.

18. Miscellaneous
a) Interpretation

  • Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  • Complete Agreement. These Terms supersede all prior understandings regarding the same and represent the complete Terms between you and OnERcall. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Website or in the Platforms, or updating the “Last Updated” date above. Your continued use of the Website or the Platforms will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Website and the Platforms. If you do not agree to the amended Terms, you must stop using the Website and the Platforms and delete your OnERcall account.

b) Forum and Venue, Jurisdiction, Governing Law

  • Forum and Venue. A lawsuit, if any, by you or OnERcall against the other will occur in state or federal court in Fairfax County, Virginia. You and OnERcall agree that the jurisdiction and venue of these courts is exclusive.
  • Exclusive Jurisdiction. You agree that your use of the Website or the Platforms does not give rise to personal jurisdiction over OnERcall, either specific or general, in jurisdictions other than Virginia.
  • Applicable Law. Any dispute between you and OnERcall will be governed by these Terms and the laws of the Commonwealth of Virginia and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Contact Us
If you have any questions for OnERcall regarding the Terms, we can be reached at admin@onercall.com or by mail at:
OnERcall, LLC,
3033 Wilson Boulevard,
Suite 700, Arlington,
VA 22201.