Terms of Service

Effective Date: September 1, 2019

IF THIS IS A MEDICAL EMERGENCY, CALL 911 OR PROCEED TO THE EMERGENCY ROOM. DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO HAS ANY SYMPTOMS THAT REQUIRE IMMEDIATE MEDICAL ATTENTION.

FetchMD (“FetchMD,” “we,” “our” or “us”) welcomes you to use our website at http://fetchmd.com/, the FetchMD mobile applications, (the applications and the website are collectively referred to as the “Application”) and the services provided through the Application (collectively, the “Services”).

BY DOWNLOADING, ACCESSING OR USING THE APPLICATION OR SERVICES, AND/OR BY REGISTERING AN ACCOUNT WITH US OR PROVIDING INFORMATION TO US IN CONNECTION WITH THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AS POSTED AND ACCESSIBLE THROUGH OUR APPLICATION AND TO USE THE APPLICATIONS AND THE SERVICES IN ACCORDANCE WITH THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS OR POLICIES THAT ARE REFERENCED HEREIN OR THAT OTHERWISE MAY APPLY TO SPECIFIC FEATURES OF THE SERVICES (ALL OF WHICH ARE DEEMED PART OF THESE TERMS OF SERVICE). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THESE TERMS OF SERVICE, YOU MAY NOT DOWNLOAD OR USE THE APPLICATION OR THE SERVICES.

These Terms of Service consist of three sections: (i) terms applicable to all users of the Application (“General Terms”); (ii) terms applicable only to Clients (defined below) registered on the Application (“Client Terms”); and (iii) terms applicable only to physician assistants and nurse practitioners registered on the Application (“Provider Terms”). For the avoidance of any doubt, the General Terms apply to all users, both the General Terms and the Provider Terms apply to advance practice nurses and physician assistants and both the General Terms and the Client Terms apply to Clients. Collectively, the General Terms, the Provider Terms and the Client Terms may be referred to as the “Agreement.”

The Services provided through our Application are designed to enable Clients to request a licensed physician assistant (“PA”) or nurse practitioners (“NP”) to provide non-emergency general adult or pediatric consultations and treatment for common medical conditions (“Medical Services”) at the Client’s location or virtually via video-conferencing through the Application (each a “Visit”) and to allow Providers to review and respond to such requests in their area. In addition, the Services include providing access to our system for creating and storing Electronic Medical Records (as defined herein) and offering certain other related products and services. PAs and NPs are sometimes collectively referred to herein as “Providers.” “User,” “users,” “you,” or “your” refer to all persons who access or use the Application and/or the Services (including Clients). “Client” or “Clients” refer to those individuals registered with FetchMD through the Application to engage Providers to provide Medical Services at their home or other location as well as virtually via video-conferencing through the Application.

We may change any section of this Agreement at any time and any changes to this Agreement will become effective when we make the revised Agreement available through the Application. We will update the “Effective Date” at the top of the Agreement if we make any such changes. You agree to review the sections of this Agreement that govern your use each time you use the Application or Services so that you are aware of any modifications made to this Agreement. Your continuing access or use of the Application and/or Services following any change means that you accept the terms of the revised Agreement.

You represent and warrant to us that you have the legal capacity and full authority to accept and perform this Agreement. Although accessible by others, the Services are only intended for access and use by individuals located in the United States.

General Terms
The Services We Provide

The Services provided through our Application are designed to enable Clients to request a Visit and to allow Providers to review and respond to such requests in their area, provide Medical Services either in person or virtually via video-conferencing through the Application and access and update the Client’s Electronic Medical Records. Providers will not provide treatment for emergent or severe injuries, disorders or medical conditions or services such as hospice or psychiatric care.

For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to the services offered through our Application and related content and does not refer to any medical consultation or treatment a Client receives from a Provider which is defined as “Medical Services” in this Agreement. With respect to Visits, our Services are exclusively for account management and to provide an online platform to enable Clients to request Visits and Providers to review and respond to requests for Visits in their area and provide access to our system for creating and storing Electronic Medical Records. No Medical Services, medical care or advice is provided to you directly from the FetchMD Application.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this Agreement.

Privacy

By accepting this Agreement, you consent to the collection, use and disclosure of your personally identifiable information and personally identifiable health information provided to us as outlined in the Privacy Policy (the “Privacy Policy”), which can be found at https://fetchmd.com/privacy-policy/. Our Privacy Policy is expressly incorporated into and made a part of this Agreement by reference.

License Grant and Restrictions

Subject to your compliance with the terms and conditions of this Agreement, FetchMD grants to you a limited, revocable, personal, non-exclusive and non-transferable right and license to download and install a copy of the Application, solely in object code format, on a mobile device that you own or control and to run such copy of the Application and to access our Services using the Application solely for your own personal use. With respect to any open source or third-party code that may be incorporated in the Application, such code is governed by the applicable open source or third-party license, if any, authorizing use of such code.

By using the Application or the Services, you agree that you will not: (i) copy, reproduce, license, sublicense, publish, distribute, transfer, assign, display or otherwise commercially exploit or provide access to the Proprietary Materials (defined below) to any third party in any way; (ii) rent, lease, lend, sell or commercially use, except as allowed herein or otherwise approved in writing by us; or (iii) rearrange, modify, create derivative works using or reverse engineering the Proprietary Materials. If you make use of the Application or the Proprietary Materials, other than as provided herein, in doing so you will be in breach of this Agreement and may be in violation of copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Except as provided herein we do not grant any license or other authorization to any user for the use of our trademarks, registered trademarks, service marks, copyrightable material or intellectual property by including them on the Application.

User Rules of Conduct

The Application may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Application. We may, in our sole discretion and with or without notice, terminate your account if you misuse the Application or our Services, or if you violate this Agreement including, without limitation, the rules of conduct contained in this section. FetchMD may delete any information provided by you that it deems, in its sole discretion, fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

FetchMD specifically prohibits any use of the Application to, and you and all users agree that you will not use the Application for, any of the following:

upload, post, or transmit to FetchMD or any Provider by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including another user, Provider, or an employee of FetchMD, or falsely state or otherwise misrepresent your affiliation with a person or entity;
use the Application or the Services for any unlawful or fraudulent purposes or for sending or storing unlawful or fraudulent materials;
intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords;
stalk or otherwise harass another user, any of our employees or any Provider;
access or attempt to access another user’s account in order to use the Application and/or Services except as allowed under this Agreement;
create, scrape or display our content for any purpose;
post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent;
use the Application or the Services to design or build a competitive product or service or a product using similar ideas, features, functions or graphics of the Application;
access the Application or Services through access points or a wireless data account (AP) which you are not authorized to use;
post content or material that infringes on any intellectual property, trade secret, privacy or publicity right of another;
cause nuisance, annoyance, disruption, or inconvenience to FetchMD or any Provider; or
attempt to interfere in any way with the Application’s or FetchMD’s networks or network security, or attempting to use the Service to gain unauthorized access to any other computer system.

Security Rules

Violations of our system or network security may result in civil or criminal liability. FetchMD will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, the following:

launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application or our network or host;
attempt to impair, interfere with or disrupt our servers or networks;
access data not intended for you or logging into a server or account that you are not authorized to access;
attempt to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; or
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted.

Representation and Warranty; Indemnity

You represent and warrant to FetchMD that any information or materials you post on or transmit through the Application for any purpose will not infringe on the intellectual property rights or trade secrets or violate any other rights of any third party. You agree to defend, indemnify and hold FetchMD, its affiliates, and each of its and their respective directors, officers, managers, employees, contractors, shareholders, agents, representatives, licensors, successors and assigns harmless from any and all claims, liabilities, damages, costs and expenses, including court costs, collection expenses and reasonable attorneys’ fees, in any way arising from, related to or in connection with (i) your use or misuse of the Application or the Services, (ii) your violation of these General Terms and the Provider Terms or the Client Terms, as applicable, or (iii) the posting or transmission of any materials on or through the Application by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Modification or Discontinuation of Services

We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

Geo-Location Functionality

The Services include and make use of certain functionality and services provided by third parties that allow us to include maps, geocoding, places and other content from Google, Inc. (“Google”) or Apple (“Apple”) 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) or Apple’s then current Terms of Use for Apple Maps (http://www.apple.com/legal/internet-services/maps/terms-en.html), as applicable, and by using the Geo-Location Services, you are agreeing to be bound by the applicable Terms of Use.

Account Security

Except as set forth in this section, you may not transfer or share your account password with anyone, create more than one account or use anyone else’s account at any time. Subject to the terms and conditions of this Agreement, you may request a Visit through your account (i) for a minor children of whom you are the parent or legal guardian or (ii) on behalf of an adult family member with their permission and the use of your account will be deemed as such person’s affirmative agreement to and acceptance of the General Terms, the Client Terms, the Privacy Policy, the Consent to Treatment and all other policies or documents incorporated herein by reference. You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

You should use particular caution when accessing your account from a public or shared computer or using unencrypted email to discuss private matters with any Provider, so that others are not able to view, record or intercept your password or other personal information.

Third Party Web Sites, Products and Services

The Application and/or Services may link to or promote websites, products and/or services from other companies. You agree that we are not responsible for, and do not review, examine or control, those websites or any third party products or services in any way. We encourage you and any minor for whom you are responsible to be aware of this when you leave the Application or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit. Your use (or that of any minor for whom you are responsible) of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions. In no event shall FetchMD be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of any linked third party websites or the information or material accessed through or products or services offered by these linked third party websites.

Promotions and Offers

We may, as part of our Services, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. We reserve the right to send particular promotions to particular users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions.

Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

Intellectual Property Ownership

The Application, including, without limitation, the content, data (with the exception of your Electronic Medical Records), metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the sole and exclusive property of FetchMD or our licensors (if any) and are protected by copyright, trademark, trade secret and other intellectual property laws. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Proprietary Materials or the Services shall be owned solely and exclusively by FetchMD, and/or, as applicable, our licensors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by us.

You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Proprietary Materials. The information on the Application including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law, including copyright law.

This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Proprietary Materials, or any intellectual property rights owned by us.

The FetchMD company name, service names and associated logos are trademarks of FetchMD, and you agree not to use or display them in any manner without FetchMD’s prior written permission. Nothing on the Application should be construed to grant any license or right to use any FetchMD trademark without the prior written consent of FetchMD. Product names, logos, designs, titles and words associated with the Services and the Application may be protected under law as trademarks, service marks or trade names of FetchMD. Such trademarks, service marks and trade names may be registered in the United States and internationally.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, FETCHMD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT REGARDING THE APPLICATION AND THE SERVICES INCLUDING WITHOUT LIMITATION ALL CONTENT, FUNCTION AND MATERIALS WHICH ARE PROVIDED “AS-IS”AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. NO ADVICE, RESULTS, INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. To the maximum extent permitted by law, we do not warrant that (i) the Application or the Services will meet your requirements or you will achieve any specific results from use of the Application or the Services, (ii) the operation of the Application will be uninterrupted, error-free, or that the Application or the server that makes the Application available are free of viruses or anything else harmful, or (iii) that any defects or errors will be corrected. To the fullest extent permitted by law, you understand that FetchMD does not make any warranties or representations regarding the use of or content in the Application in terms of their quality, accuracy, adequacy, timeliness, completeness, usefulness, reliability or otherwise. You understand and expressly agree that you download or use the Application at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or any other device in which you access the Application, loss of data or other harm of any kind that may result. Your sole and exclusive remedy for dissatisfaction with the Application or the Services is to stop using them. If any applicable authority holds any portion of this section to be unenforceable, then our liability and responsibility will be limited to the extent permitted by applicable law. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FETCHMD, ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE OR OTHER FAMILY MEMBER FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (i) YOUR USE OF, OR INABILITY TO USE, THE APPLICATION OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES; (ii) ANY MEDICAL SERVICES PERFORMED BY ANY PROVIDER (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THE PROVIDER); (iii) THE ACTIONS OR INACTIONS OF ANY CLIENT YOU CONNECT WITH VIA THE APPLICATION; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE APPLICATION, THE SERVICES, THIS AGREEMENT OR ANY MEDICAL SERVICES. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING MALPRACTICE OR NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FETCHMD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND THE SERVICES. YOUR ONLY REMEDY AGAINST US FOR USE OF THE APPLICATION OR SERVICES IS TO STOP USING THE APPLICATION. THAT SAID, IF FETCHMD IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APPLICATION OR ANY SERVICES, OUR LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The terms of Agreement that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of this Agreement. You agree that the limitations of liabilities set out in this Agreement are fair and reasonable in the circumstances.

Notice of Copyright Infringement

If you believe that your copyrighted work has been copied, posted or distributed through the Application in a manner that constitutes copyright infringement, you should provide our copyright agent with a written notice that sets forth the infringement details. To be effective, the written notice must contain the following information:

a description of the copyrighted work that you believe has been infringed;
a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Application;
your contact information including address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our copyright agent at the following address:

By mail: FetchMD, Attn: copyright agent, 250 W Nottingham, Suite 320, San Antonio Texas 78209

Email: help@fetchmd.com

General Terms and Conditions

Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application or the Services will be an appropriate federal or state court located in San Antonio, Texas.
Severability. If any provision in this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall continue to be enforceable. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision is deemed severable from this Agreement and the remaining provisions are still valid and enforceable.
Assignment; Beneficiaries. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
No Continuing Waiver. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Notices. By using the Application, you agree to receive certain electronic communications from FetchMD. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing and will be legally enforceable as a signed document. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
Claims. Any claim or cause of action you may have with respect to FetchMD, the Application or the Services must be commenced within one (1) year after the claim or cause of action arose.
Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
Survival. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
Contact Us. To contact us with any questions or concerns in connection with this Agreement or the Application, please email us at support@fetchmd.com.

Client Terms of Service

These Client Terms of Service (“Client Terms”) are by and between FetchMD (including its affiliates) and you, as the Client, and govern your access and use of the Application and the Services.

Eligibility

You must reside in a jurisdiction located within the United States (“U.S.”) where we provide Services and be 18 years of age or older to create and account and use the Application and the Services.

If you are between the ages of 13 and 18, you can use the Application or Services only under the supervision of your parent or guardian who has agreed to the terms and conditions contained in this Agreement. If you are under the age of 13, you may not use the Application or Services. If you are the parent or legal guardian of a child under the age of 18, you may use the Application or Services on behalf of such minor child. By using the Application and/or Services on behalf of a minor child, you represent and warrant to us that you are the parent or legal guardian with the authority to make health care decisions for the minor and the minor understands that you will have access to all health information provided via the Application and related to the Medical Services the minor receives. All references in this Agreement to “you” shall refer to such minor.

By using the Application and our Services you represent and warrant to us that you are located in the U.S. and are at least 18 years of age or are the parent or guardian for a minor child. If you are not eligible under these terms, you may not use the Application or Services. You must notify us immediately of any change in your eligibility.

Registration and Consent to Treatment

You must create an account in order to access the Services. This is a requirement for everyone whether you are registering as an individual or as an employee through a group plan offered by your employer. During the registration process you will provide certain personal information as well as electronically agree to the Consent for Treatment which is expressly incorporated and made a part of this Agreement by reference.

You Must Provide Accurate Information

It is imperative that you provide accurate and truthful information about your identity, health and physical condition during the registration process and that you keep such information updated. By filling in the account information you represent and warrant to FetchMD that all of the personal information you provide during this process is true and correct and that you agree to update such information in a timely manner. We reserve the right to refuse or cancel your account and your use of and access to the Application and/or the Services if we determine that you have not provided complete and accurate information.

Information About Our Services

Provider Visits. You can make a request for a Visit based on your medical needs (“Request”). Upon receipt of a Request, the Application will automatically include your location so Providers close to your location will receive the Request. Providers that are available may choose to respond to your Request. Once you are matched with an available Provider, we will provide a report of your symptoms and other relevant information to the Provider through the Application. The Provider may, in his or her best judgment, based on information received prior to the Visit or during the Visit, determine that he or she is unable to provide treatment.
Selection. We typically utilize the following criteria for evaluating Providers featured on our Application:

Specialty board certification
Review of all malpractice infractions
Medical license in good standing
Background checks

Treatment for Minors. If you are using the Application to obtain Services for a minor under the age of 18, you must be available during the Visit with the minor and you will responsible for payment as well as all of the obligations under this Agreement as they relate to the minor.
Availability. You understand that there may be no Provider in your area and we cannot guarantee that Providers will be available to provide Services when requested.
Cancellations. If you need to cancel your Visit you must do so at least 30 minutes prior to the Visit, otherwise you will be responsible for the payment of a cancellation fee of $50.
Prescriptions. Prescriptions may be issued only at the discretion of, and within the authority of, the Provider. You must contact your Provider for any refill requests.
Equipment. You are responsible for all equipment necessary to access the Application.
Fees. All fees must be paid at the time of the Visit pursuant to the terms of this Agreement.

Important Information about Providers

Providers. Providers featured on our Application are employees or independent contractors of FetchMD. The Providers have represented and warranted to us in the Provider Terms that they are in current good standing with the medical board or other applicable licensing or certifying agency of their state. You acknowledge that your reliance on any Provider for Medical Services or any information given to you by such Provider is solely at your own risk and you assume full responsibility for all risk associated therewith, to the maximum extent allowable by law.
Consult Your Doctor. Consult 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.
Acknowledgement. THE PROVIDER WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT FETCHMD (i) IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND (ii) DOES NOT PROVIDE MEDICAL SERVICES OR ADVICE. WE ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH PROVIDERS WHO MAY PROVIDE YOU WITH MEDICAL SERVICES.
Disclaimers. WE MAKE NO GUARANTEES ABOUT THE RESULTS OR OUTCOME OF ANY MEDICAL TREATMENT YOU RECEIVE FROM ANY PROVIDER. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY, EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION OR ADVICE PROVIDED BY ANY PROVIDER AND/OR THE MEDICAL SERVICES PROVIDED BY ANY PROVIDER. WHILE FETCHMD PROVIDES MALPRACTICE AND LIABILITY INSURANCE COVERAGE FOR PROVIDERS,THE PROVIDERS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR LICENSING AND CERTIFICATION . ALL INTERACTIONS WITH PHYSICIAN ASSISTANTS AND NURSE PRACTITIONERS ARE BETWEEN YOU AND THE PROVIDER. BY USING THE SERVICE, YOU AGREE NOT TO HOLD US LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE PROVIDER MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE.
Limitation of Liability. IN NO EVENT SHALL FETCHMD, ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, OUR SERVICES OR ANY MEDICAL SERVICES EITHER FOR YOURSELF OR FOR SUCH OTHER PERSON THROUGH YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A PROVIDER OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANY FAMILY MEMBER REQUESTING A VISIT THROUGH YOUR ACCOUNT AND ANY PHYSICIAN ASSISTANT, NURSE PRACTITIONER OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION OR OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH PROVIDERS PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE OR OTHER FAMILY MEMBER DECIDES TO MEET OFFLINE OR IN PERSON.

THAT SAID, IF FETCHMD IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APPLICATION OR ANY SERVICES, OUR LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.

Electronic Medical Record

FetchMD creates an electronic medical record (“Electronic Medical Record”) specifically for you to store and access your personal health information online, including health conditions, allergies and medications, as well as for allowing the Provider to satisfy his or her obligations under applicable state and federal law with regard to creating and maintaining a Client’s medical record(s). Information provided to a Provider as part of a Visit becomes part of the Electronic Medical Record established specifically for the Client, and is subject to applicable state and federal law. Client agrees to provide accurate and complete information for their Electronic Medical Record, to periodically review such information, and to update information that Client provides as needed, which might include allergies, medical conditions, by way of example. For additional information regarding use of your Electronic Medical Record, please see the Privacy Policy. PLEASE NOTE THAT IT IS SOLELY YOUR PROVIDER’S OBLIGATION TO USE AND DISCLOSE THE INFORMATION INCLUDED IN YOUR MEDICAL RECORD IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR SUCH INFORMATION TO BE SHARED WITH OTHER PROVIDERS OR HEALTHCARE INSTITUTIONS.

Fees and Payment Terms

Visit Fees. The fees that apply for a Visit can be found on or through the Application (“Visit Fee”). We may change the Visit Fees from time to time. We will give you reasonable notice of any such pricing changes by posting the new fees on or through the Application. It is your responsibility to remain informed about the current Visit Fees.
Billing. FetchMD will automatically charge you for the Visit Fees incurred during a Visit. You agree that you will pay for all Visit Fees you incur, and that we are authorized to charge the payment method provided by you when registering for your account (“Payment Account”), for the Visit Fees including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. We currently accept payment by credit card, debit card and Apple Pay as well as through flexible spending accounts and health savings accounts. Any change in accepted payment methods will be posted on or through the Application.
Your Responsibility and Authorization. You are responsible for the timely payment of all fees and for providing us with valid information related to your Payment Account at all times. Your Payment Account information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect the appropriate fees charged for your account, Visit Fees and for any other purchases you elect to make via the Application.
Payment Processing. We use a third-party payment processor (the “Payment Processor”) to link us to your Payment Account. The processing of payments or credits, as applicable, in connection with your account and any fees will be subject to the terms, conditions and privacy policies of the Payment Processor and your Payment Account issuer in addition to these Client Terms and General Terms. We are not responsible for any errors by the Payment Processor or your Payment Account issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a Visit with a Provider), FetchMD will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.
Insurance. If we accept your insurance plan or have an agreement with your employer then claims can be processed on your behalf. If we do not accept your insurance plan nor have an agreement with your employer, we will not process claims on your behalf. Although the Medical Services you receive from Providers may or may not be covered by your insurance plan or employer, it is solely up to you to confirm whether we accept your insurance plan or have an agreement with your employer prior to any Visit. You are responsible for the full fee (and for paying the fee as provided herein) regardless of whether the Visit Fees are covered by your insurance plan or your employer.
Government Health Plans. Our Providers may choose to accept payment from any state or federal governmental health plan such as Medicare or Medicaid. This is not required and it is solely your responsibility to include this information in your Request so an appropriate match can be made. You are responsible for the full fee (and for paying the fee as provided herein) regardless of whether you are able to receive reimbursement from Medicare, Medicaid or any supplemental plan).

Term and Termination

Term. Your account will continue, unless we terminate it or you notify us by email at support@fetchmd.com and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your account. Any termination or cancellation will be effective upon receipt unless otherwise stated in the written notice.
Cancellation. If you choose to cancel your account, all you have to do is email support@fetchmd.com.
Termination. We reserve the right, at our sole discretion, to terminate your account, at any time and for any reason.

Indemnification

You agree to defend, indemnify, and to hold FetchMD, its affiliates, and each of its and their respective directors, officers, managers, employees, contractors, shareholders, agents, representatives, licensors, successors and assigns, harmless from and against any and all losses, expenses, damages, liabilities, penalties, claims, causes of action, and demands (including any court costs, collection costs, expenses and attorneys’ fees on account thereof) arising out of, resulting from or relating to: (i) your use of, or inability to use, the Application or our Services; (ii) an alleged or actual violation of the Client Terms or the General Terms by you or any other person using your account; or (iii) your violation of the rights of another. Your agreement to defend, to indemnify, and to hold harmless FetchMD and its affiliates, and each of its and their respective directors, officers, managers, employees, contractors, shareholders, agents, representatives, licensors, successors and assigns, applies whether a claim is based in contract or tort (including strict liability or negligence), and regardless of the form of action. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us. This indemnification section shall survive any termination or cancellation of your account or cessation of use of the Application and/or Services.

Arbitration

Except as prohibited by Law (as defined herein), any dispute between FetchMD and Client shall be resolved through binding arbitration in San Antonio, Texas under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent FetchMD or Client from filing charges with state or federal agencies. Client agrees that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and Client waives any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. CLIENT UNDERSTANDS THAT BY AGREEING TO ARBITRATE DISPUTES CLIENT IS WAIVING ANY RIGHT THAT HE OR SHE MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of FetchMD or Client to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. In the event of any dispute between FetchMD and Client concerning the terms and provisions of these Client Terms or the General Terms, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys fees and all related costs.

Notices

All notices or communications required or permitted under these Client Terms will be made via e-mail (in which cases such notice shall be deemed received on the date of delivery). Notice to FetchMD shall be delivered via email at support@fetchmd.com. Notice to Client shall be delivered to the email address provided by Client to FetchMD from time to time.

Modifications

FetchMD may modify these Client Terms at any time. Such changes will become effective when we make the revised Agreement available through the Application. We will update the “Effective Date” at the top of the Agreement if we make any modifications.

Entire Agreement

These Client Terms and the General Terms, including the Privacy Policy, the Consent to Treatment and any other policies incorporated herein by reference, constitute the entire agreement between Client and FetchMD relating to and governing your use of the Application, the Services and our relationship with you, superseding any prior agreements between you and FetchMD.

Provider Terms of Service

These Provider Terms of Service (the “Provider Terms”) are by and between FetchMD (including its affiliates) and you, as the Provider, and govern your access and use of the Application and the Services.

Eligibility

By using the Application and our Services you represent and warrant to us that you satisfy the following eligibility requirements:

You reside in a state located within the U.S. where we provide Services;
You are 18 years of age or older;
You are a Provider licensed or certified to perform Medical Services in the state in which you provide such services;
You possess the qualifications, skills and expertise to perform the Medical Services contemplated by this Agreement; and
You desire to enter into this Agreement as a Provider for the purpose of receiving and responding to Requests through the Application and utilizing the Application and the Services as technology tools relating to electronic record keeping.

If you are not eligible under these terms, you may not use the Application or Services. You must notify us immediately of any change in your eligibility.

Registration

You must create an account in order to access the Services and respond to Client Requests. During the registration process you will provide certain personal information.

You Must Provide Accurate Information

It is imperative that you provide accurate and truthful information about your identity, licensing, certification, expertise, skills and other information during the registration process. By filling in the account information you represent and warrant to FetchMD that all of the personal and professional information you provide during this process is true and correct. We reserve the right to refuse or cancel your account or your use of the Application and/or the Services if we determine that you have not provided complete and accurate information.

Description of Services

Service Arrangement. Subject to the General Terms and these Provider Terms, you shall have the right to receive and respond to Requests on the Application.

FetchMD will offer Services to you during those times you choose to be available to receive Requests. You shall have no obligation to use the Services at any specific time or for any specific duration unless otherwise agreed upon in writing. You shall have complete discretion to determine when you will be available to receive Requests. If, however, you agree to be available to receive the Requests, you shall be obligated to abide by the General Terms and these Provider Terms.

You shall be entitled to accept, reject, and select among the Requests received through the Application. You shall have no obligation to accept any Request and may always refuse any Request without penalty. Following acceptance of a Request, however, you must perform the Request in accordance with the requirements and standards set forth in these Provider Terms. Failure to show up and provide the requested services relating to an accepted Request shall constitute a material breach of these Provider Terms and may result in termination of your account.

No Guarantee. Nothing in this Agreement shall be construed as a guarantee that you shall be offered any particular number of Requests or that you will be matched with Clients during any particular time period.
Non-Exclusive; Non-Solicitation. FetchMD and Provider recognize that both of us are, or may be, engaged in similar agreements with others. Nothing in these Provider Terms shall preclude FetchMD from engaging other Providers, nor preclude you from entering into contracts similar to this Agreement with similar platforms. We neither have nor reserve the right to restrict you from performing other medical services for any company, business or individual, or from being engaged in any other occupation or business. You understand that you shall not during the term of this Agreement use your relationship with FetchMD (or the information gained therefrom) to divert or attempt to divert any business from FetchMD to a company that provides similar services in competition with us.
Licenses. You agree to provide us with a current list of all licenses held by you as well as all other relevant certifications, registrations and permits prior to accepting any Request. FetchMD shall, upon request, be entitled to review such licenses and other certifications, registrations and permits from time to time; provided, however, our receipt and review of any copies of licenses or other relevant certifications, registrations and permits, or failure to request evidence of the same, shall not relieve you of your obligations to comply with these requirements. Failure to maintain current licenses, certifications, registrations, permits or other legal prerequisites, or failure to comply with any other provision of this section, shall constitute a material breach of these Provider Terms.

Relationship of Provider and FetchMD

For Providers who have been engaged by FetchMD as an independent contractor, these Provider Terms are not intended to create, nor shall be deemed or construed to create, any relationship between Provider and FetchMD other than that of independent parties contracting with each other for the purpose of effecting the provisions of these Provider Terms. Provider acknowledges and agrees that he or she (i) is an independent contractor (not an employee or other agent) solely responsible for the manner in which he or she performs the Medical Services and that FetchMD shall neither have nor exercise any control or direction over the professional judgment, decision-making, or methods by which Provider performs Medical Services, (ii) is solely responsible for the reporting and payment of all taxes, withholdings and other statutory, regulatory or contractual obligations of any sort, including without limitation, social security and employment taxes, and (iii) is not entitled to participate in or receive benefits under any employee benefit plans, workers compensation, unemployment insurance, health insurance, group insurance arrangements or similar programs or benefits of any kind offered by FetchMD to its employees.
Provider is solely responsible for his or her own medical decisions, services and actions. FetchMD does not have or exercise any control or direction over the professional judgment, decision-making, or methods by which Provider performs Medical Services.
Provider shall not be required to contribute to the cost of FetchMD’s advertising. Any obligations owed by FetchMD to Provider, including any payments required hereunder, are contingent upon Provider being properly credentialed. To the extent Provider fails to be credentialed, for any reason, FetchMD shall have no obligations to Provider as set forth herein.
Provider agrees that no joint venture, partnership, or agency relationship exists between FetchMD and Provider simply by virtue of Provider agreeing to abide by these Provider Terms or by Provider’s use of the Application and/or Services.

Professional Standards and Qualifications

Provider shall comply with: (i) all policies, procedures and guidelines of FetchMD (“Policies”), each as may be adopted or amended by FetchMD from time to time; (ii) all federal, state and local laws, regulations and orders (collectively, “Laws”) applicable to these Provider Terms and the provision of Medical Services; and (iii) all standards of the applicable licensing boards, certifying authorities or professional specialty boards having jurisdiction from time to time over the Provider (collectively, “Boards”).
Provider represents that he or she: (i) is and shall remain licensed to practice medicine or nursing in the states in which Provider provides Medical Services and the provision of Medical Services as contemplated herein is in compliance with any requirements or restrictions of any license Provider possesses; (ii) has and shall maintain an unrestricted federal Drug Enforcement Administration registration; and (iii) has and shall maintain any and all other licenses, permits, registrations, or other certifications as required by applicable Laws to provide the Medical Services.
In providing Medical Services, Provider will exercise the degree of skill, diligence and knowledge normally possessed by members of the same profession in the states in which Provider provides the Medical Services and will conform to the standards of care of such states.
Provider shall not use illegal drugs or perform the Medical Services while under the influence of or impaired by alcohol or any chemical substance.

Provider Representations and Warranties

Provider represents and warrants to FetchMD that the following statements are true as of the date his or her account is registered and will remain true and correct at all times while using the Services to respond to Requests:

Provider has never had a license or certification to practice nursing or medicine in any state suspended, revoked or restricted;
Provider has never been reprimanded, sanctioned or disciplined by any Board;
Provider has never been excluded or suspended from participation in, or sanctioned by, any Medicare program, a Medicaid program or any other state or federal healthcare program as such term is defined at 42 U.S.C. Title 42 § 1320a-7b (the “Government Healthcare Programs”) or other third party payor programs; and
Provider has never been charged with or convicted of a felony, a misdemeanor involving fraud, dishonesty, controlled substances, or moral turpitude, or any crime relevant to the provision of Medical Services or the practice of medicine or nursing, as applicable.

Notifications

Provider shall notify FetchMD in writing immediately upon the occurrence of any one or more of the following events:

Provider is suspended, excluded or otherwise ineligible to participate in one or more Government Healthcare Programs or other third party payor programs;
Provider is aware of any threatened, pending or final suspension, revocation, limitation, restriction or disciplinary action taken by a Board or governmental agency that has jurisdiction over him or her;
Provider is charged with or convicted of any felony, any misdemeanor involving fraud, dishonesty, controlled substances, or moral turpitude, or any other crime relevant to the provision of Medical Services or the practice of medicine or nursing, as applicable;
Provider uses illegal drugs or performs the Medical Services while impaired by or under the influence of alcohol or any chemical substance;
Provider violates (i) any Policies or (ii) any Laws applicable to performance of the Medical Services; or
Provider has any concerns regarding a Client including with respect to prohibited discrimination or harassment.

Insurance

FetchMD will maintain occurrence-based medical malpractice insurance to cover the Medical Services rendered by Provider on behalf of Clients in response to a Request made on or through the Application or Services (“Professional Liability Insurance”). The Professional Liability Insurance shall have limit amounts of not less than one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) annual aggregate. FetchMD will notify Provider, no less than thirty (30) days in advance, of any cancellation or non-renewal of the above insurance.

Fees and Payment Terms

Provider Fees. The Provider Fees that you will receive for each Visit can be found on or through the Application. We may change the Provider Fees from time to time. We will give you reasonable notice of any such pricing changes by posting the new Provider Fees on or through the Application. It is your responsibility to remain informed about current Provider Fees.
Cancellation Fee. In the event a Client fails to cancel a Visit at least 30 minutes in advance, the Client is subject to a cancellation fee of $50. Notwithstanding the foregoing, you acknowledge and agree that, in FetchMD’s sole discretion, a Client’s cancellation fee may be waived, in which case you will have no entitlement to any portion of such fee.
Billing and Payment Processing. FetchMD will, on your behalf, charge Clients for the Provider Fees they incur and electronically remit the Provider Fee to you within ten (10) business days following receipt of payment from Client. We will provide payment processing through a third-party payment processor (the “Payment Processor”). Provider authorizes the Payment Processor to originate credit transfers to Provider’s financial institution account. FetchMD will provide information to Payment Processor, including Provider’s personally identifiable information and financial information. The processing of credits in connection with your account will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Provider Terms and General Terms. We are not responsible for any errors by the Payment Processor or your financial institution. In connection with your use of the Services (and specifically in connection with your performance of a Visit), FetchMD will obtain certain transaction details, which we will use to charge the Visit Fees, determine the amount of the Provider Fees or submit a claim to insurance, if applicable, solely in accordance with our Privacy Policy.
Your Responsibility and Authorization. You are responsible for providing us with valid account information in order to receive payment for all fees. Your account information must be complete and accurate, and you are responsible for keeping it up to date.
Insurance; Government Health Plans. At present, FetchMD only processes claims with a select group of insurance plans and does not accept payment from any Governmental Healthcare Programs. Any changes regarding the accepted insurance plans or Government Health Plans will be made on or through the Application.
Non-Payment by Client. Under no circumstances will FetchMD be obligated to pay Provider for any Provider Fees until FetchMD receives payment from the Client. Provider shall not be entitled to payment for any Visit scheduled in the Application that does not actually occur; however, FetchMD will use all commercially reasonable efforts to collect amounts due to Provider for any canceled Visit when a Client does not provide a minimum notice of cancellation.

Term and Termination of Provider Terms

Term and Renewals. Your account will continue, unless we terminate it or you notify us by email at support@fetchmd.com and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your account. Any termination or cancellation will be effective upon receipt unless otherwise stated in the written notice.
Cancellation. If you choose to cancel your account, all you have to do is email support@fetchmd.com.
Termination. We reserve the right, at our sole discretion, to terminate your account, at any time and for any reason.

Indemnification

In addition to any other indemnification obligation of Provider, Provider agrees to indemnify and hold harmless FetchMD, its affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all claims, damages, losses, liabilities, settlements and expenses (including reasonable attorneys’ fees, court costs and collection costs) (collectively, “Claims”) arising out of, in connection with or resulting from any act or omission of Provider, including without limitation: (i) execution of these Provider Terms or performance of any obligation under the General Terms or the Provider Terms by Provider; (ii) any breach of these Provider Terms by Provider; or (iii) Provider rendering or failing to render Medical Services, including Claims arising out of or resulting from Provider’s negligence or willful or reckless misconduct, in whole or in part, without regard to whether or not such Claims are covered by Professional Liability Insurance.

Arbitration

Except as prohibited by Law, any dispute between FetchMD and Provider shall be resolved through binding arbitration in San Antonio, Texas under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent FetchMD or Provider from filing charges with state or federal agencies. Provider agrees that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and Provider waives any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. PROVIDER UNDERSTANDS THAT BY AGREEING TO ARBITRATE DISPUTES PROVIDER IS WAIVING ANY RIGHT THAT HE OR SHE MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of FetchMD or Provider to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. In the event of any dispute between FetchMD and Provider concerning the terms and provisions of these Provider Terms or the General Terms, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorney’s fees, court costs and all collection expenses.

Notices

All notices or communications required or permitted under these Provider Terms may be made via e-mail (such notice shall be deemed received on the date of delivery). Notice to FetchMD shall be delivered to support@fetchmd.com. Notice to Provider shall be delivered to the email address provided by Provider to FetchMD from time to time.

Modifications

FetchMD may modify these Provider Terms at any time. Such changes will become effective when we make the revised Agreement available through the Application. We will update the “Effective Date” at the top of the Agreement if we make any modifications.

Entire Agreement

These Provider Terms and the General Terms, including the Privacy Policy and any other policies incorporated herein by reference, constitute the entire agreement between you and FetchMD relating to and governing your use of the Application and the Services superseding any prior agreements between you and FetchMD; provided that the terms and conditions relating to the provision of Medical Services and other employment or engagement matters may be governed by separate written agreements between the parties.