Terms of Service

DO NOT USE OUR SERVICES, THE SITE OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR HAVING DIFFICULTY OF BREATHING, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, BLEEDING PROFUSELY, OR ANY OTHER SYMPTOMS THAT MAY REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. YOU SHOULD CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

1. OVERVIEW

These Terms of Use ("Terms of Use") set forth the terms and conditions of your use of the mobile application (the "Application") provided by WhiteCoat HealthCare, Inc. ("WC" or "we" or similar references) and our website at http://whitecoat.healthcare(the "Website") and the content and services (individually and collectively, the “Services”) found on the Application and the Website. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts these Terms of Use by using the Services.  If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. USE OF THE SERVICES

WC is a technology service provider that provides users with a service to request and schedule an appointment with a Nurse Practitioner employed by an independent medical practice ("Medical Practice") that provides non-emergency general healthcare services in a patient’s home, office, or workplace ("House Calls").

When a House Call is requested, the Application will automatically transmit your location which will be used to determine whether the Medical Practice provides services in your area. Upon providing certain information to the Medical Practice through the Application, and if a Nurse Practitioner working with the independent Medical Practice ("NP") is available, the NP will then choose whether or not to be dispatched to your location; provided, however, that the NP may, in his or her best judgment, based on information received prior to the House Call or during the House Call, determine that he or she is unable to provide treatment.

In order to utilize certain Services, you will be asked to create an account ("Account") by providing certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. (Our Privacy Policy explains how such information may be collected and used). When you use a Service from WC, you accept these Terms of Use and the specific terms applicable to that Service. Neither WC nor any of its data providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on the Site.

When you create your Account you may be asked for a telephone number so that we may contact you regarding important information about your service and account, and to provide special offers to you. By providing your telephone numbers to WC, you consent to receive autodialed and/or pre-recorded calls and text messages from or on behalf of WC regarding importation information about your service and account, and to provide special offers.

The content on the Site, Application and the Services, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein (“WC Content”), are owned by or licensed to WC, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. The WC Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of WC. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. WC reserves all rights not expressly granted in and to the WC Content, the Site and the Services found at the Site, and these Terms of Use do not transfer ownership of any of these rights. You specifically agree not to distribute any of the WC Content without WC’s prior written permission.

You agree not to circumvent, disable or otherwise interfere with the security-related features of the Site, Application or the Services (including without limitation those features that prevent or restrict use or copying of any WC Content) or enforce limitations on the use of the Site, Application or the Services or the WC Content therein.

You may not use the Site or the Application in any manner that: (i) imposes an unreasonable or disproportionately large load on their infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site or the Application; (ii) introduces a virus or other harmful component to the Site or the Application; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site or the Application or (vi) results in the harvesting of any information concerning other users of the Site or the Application.

WC may change, suspend or discontinue any aspect of the Site or the Application at any time, including the availability of any features, or content. WC may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

The Medical Practice and the NP are not employees of WC. WC employees do not provide health care services and take no part in your medical diagnosis and/or treatment. WC shall not be liable for any professional advice from the Medical Practice or NP that is provided to a user. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any information provided by the Medical Practice or NP is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

Consult with your regular licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.

You will be required to enter into separate agreements with the Medical Practice providing you with medical services ("Medical Practice Agreements"). Medical Practice Agreements include, but are not limited to arbitration agreements, privacy policies, medical services consents, and nondisclosure agreements. The Medical Practice and its NPs are independent of WC, and WC is not responsible for any issues you may have with respect to the Medical Practice’s or a NP's professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Medical Practice or NP.

3. ACCOUNT HOLDER REGISTRATION

Account Holders must be 18 years or older and have properly registered (an "Account Holder"). An account is available only to users who have completed the information required by the Site or Applicant's enrollment form. As an Account Holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site or Application's enrollment form. WC reserves the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

You understand that we may be unable to provide Services in your area. If you are requesting a House Call for a minor, you must verify that you are the parent, guardian or other adult responsible for the minor.

You must notify us immediately of any change in your eligibility to use the Services.

4. RULES OF CONDUCT

You acknowledge and agree that:

Your use of the Services, including any content you submit will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

You will not impersonate another User or any other person or entity without their express prior written consent.

You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.  

You will not use the Services in a manner that:

Is illegal, or promotes or encourages illegal activity;

Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;

Promotes, encourages or engages in child pornography or the exploitation of children;

Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;

Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

Infringes on the intellectual property rights of another User or any other person or entity;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

Interferes with the operation of the Site, Application or the Services;

Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

Contains false or deceptive language, or unsubstantiated or comparative claims, regarding WC or WC’s Services.

You will not copy or distribute any WC Content or Services, except where expressly authorized in writing by WC.

You will not share your Account password with any third party, except as otherwise expressly permitted in writing by WC.

You will not modify or alter any part of the Site, Application or the Services or any of its related technologies.

WC reserves the right to modify, change, or discontinue any aspect of the Site, Application or the Services, including without limitation prices and fees for the same, at any time.

5. LINKING

The Site and Application may contain links and pointers to other websites and resources. Links to and from the Site and Application to other web sites maintained by third parties, do not constitute an endorsement by WC or any of its affiliates of any third party web site or content. WC is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its web site administrator or webmaster.

6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

USE OF THE SITE, APPLICATION AND SERVICES IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE SITE, APPLICATION AND SERVICES IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL WC BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE SITE, APPLICATION AND SERVICES FAILING TO OPERATE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE, APPLICATION AND SERVICES; (3) VIRUSES OR OTHER HARMFUL COMPONENTS; (4) INACCURATE CONTENT IN THE SITE, APPLICATION AND SERVICES; OR (5) THE SERVICES PROVIDED BY ANY HEALTH CARE PROFESSIONAL.

IN NO EVENT SHALL WC BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE SITE, APPLICATION OR SERVICES.

IN NO EVENT SHALL WC, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH WC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, APPLICATION OR SERVICES, OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY WC OR YOUR USE OF THE SITE, APPLICATION AND SERVICES IN SCHEDULING A HOUSE CALL. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF WC IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF WC, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE, APPLICATION OR SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, APPLICATION OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WC IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WC, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE, APPLICATION OR SERVICES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF WC.

7. IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS.

IF YOU CHOOSE TO BE CONNECTED WITH THE MEDICAL PRACTICE, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO THE MEDICAL PRACTICE. IF THE MEDICAL PRACTICE HAS AN AVAILABLE NP, AN IN-PERSON MEETING BETWEEN YOU AND A NP, AT A LOCATION OF YOUR CHOOSING MAY OCCUR. WITH RESPECT TO THE PROVISION OF HOUSE CALLS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH THE ABILITY TO SCHEDULE A HOUSE CALL. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM OUR APPLICATIONS. A REPORT OF YOUR SYMPTOMS WILL BE CONVEYED TO THE MEDICAL PRACTICE AND NP.

BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WC IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL.

PLEASE NOTE THAT WC EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND YOUR USE OF THIS APPLICATION OR OUR SERVICES SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE.

8. GEO-LOCATION FUNCTIONALITY.

The Services make use of functionality and services provided by third parties that allow WC to include maps and other content as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to [Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use].

9. DISCLAIMERS REGARDING MEDICAL PRACTICE.

ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY THE MEDICAL PRACTICE OR NP ARE SOLELY ATTRIBUTABLE TO THE MEDICAL PRACTICE OR NP AND NOT WC. YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE MEDICAL PRACTICE OR NP IS SOLELY AT YOUR OWN RISK. WC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE MEDICAL PRACTICE OR NP AND/OR THE SERVICES PROVIDED BY SAID MEDICAL PRACTICE OR NP; THEY ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH A NP ARE BETWEEN YOU AND THE NP. BY USING THE APPLICATION OR SERVICE, YOU AGREE THAT WC IS NOT LIABLE IN ANY WAY FOR ANY TREATMENT RENDERED BY THE NP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THE NP PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON

10. INTERNATIONAL USE

We make no representation that information on the Site, Application or Service is appropriate or available for use outside the United States. Those who choose to access the Site, Application or Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

You acknowledge that all right, title and interest in and to all content on the Site, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Site, Application and Service, is the sole and exclusive property of WC, and is protected by U.S. and international copyright laws.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of WC without its prior written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks, or trade names without the prior written consent of WC. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of WC. Any unauthorized use terminates any license or permission granted by WC. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Site, Application and Service.

All WC trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site are the sole and exclusive property of WC. You may not copy or use any of WC's marks or any marks confusingly similar to WC's marks without the prior written consent of WC, nor may you use WC's marks in any manner that discredits or disparages WC. All other trademarks not owned by WC that appear on the Site are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by WC.

Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, shall become the property of WC, and may be used by us for any purpose without restriction or obligation.

12. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content has been posted on the Site, Application and Service in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work(s) claimed to have been infringed;

A description of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;

A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

WC's designated Copyright Agent for notice of claims of copyright infringement is:

13. INDEMNIFICATION

You hereby agree to indemnify and hold WC and any entity affiliated with WC, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "WC Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Application, Services or Site, or (B) any alleged breach of these Terms of Use by you.

14. TERMINATION

WC may change, suspend or discontinue any aspect of the Site, Application or Service at any time, including the availability of any feature, database, or content featured on the Site, Application and Service. WC may also impose limits on certain features and services or restrict your access to parts or the entire Site, Application or Service without notice or liability at any time in WC's exclusive discretion, without prejudice to any legal or equitable remedies available to WC, for any reason or purpose, including, but not limited to, conduct that WC believes violates these Terms of Use or other policies or guidelines posted on the Site, Application or Service or conduct which WC believes is harmful to other customers, to WC's business, or to other information providers. In addition, these Terms of Use may be immediately terminated at any time by WC in its sole discretion. In addition and without prejudice to any other remedy available to WC, WC may immediately terminate these Terms of Use if you breach any term of these Terms of Use or other operating term set forth by WC.

15. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES

These Terms of Use will be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Los Angeles County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these Terms of Use. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. WC will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.

16. PRIVACY POLICY

The Site, Application and Service are subject to United States law. WC's use of data collected via the Site is governed by our Privacy Policy. You acknowledge and agree that WC’s Privacy Policy is incorporated into these Terms of Use.

17. MISCELLANEOUS

These Terms of Use constitutes the entire terms of use between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. WC in its sole discretion may amend these Terms of Use, and your use of the Site, Application and Service after such amendment is posted on the Site, Application and Service will constitute acceptance of it by you. If any term in these Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms of Use are for convenience only and must not be given any legal import.

The Site, Application and Service may contain typographical errors or inaccuracies and may not be complete or current. Some products may appear larger or smaller than their actual size. WC therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

18. ACCEPTANCE OF TERMS OF USE

By using the Site, Application and Service, you signify your agreement to the terms of these Terms of Use. If you do not agree to the terms in these Terms of Use, you must not use the Site, Application and Service. WC may change the terms of these Terms of Use at any time, and your use of the Site, Application and Service after such changes are posted will mean that you accept them.

LAST UPDATED: July 30, 2015