You have elected to participate one of our premium service tiers set forth at outcarehealth.org/membership through registration, you agree to be bound by these additional terms (as applicable, the “Premium Service”).
The Premium Service allows you to access certain premium features or content in exchange for a recurring fee, (the “Premium Services”). Your transactions and any other use of the Premium Services are subject to these Premium Membership Terms of Service (“Premium Membership Terms of Service” the “Member Terms”). By using the Premium Services, you agree to be bound by the Premium Membership Terms of Service together with the General Site Terms of Service located at outcarehealth.org/terms (the “General Terms”). Please read the Member Terms and the General Terms (collectively, the “Terms”), carefully. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE OR OUR SERVICES. Any defined terms used, but not defined in the Member Terms shall have the meaning given to such terms in the General Terms.
External Profile Linking. The components of each Premium Service shall be as set forth at outcarehealth.org/membership, and are targeted at facilitating better and more informed patient-provider matching for the LGBTQ+ community. With respect to any external booking link that may be included in your Member profile in connection with your purchase of a Premium Service, the terms and conditions applicable to use of that link shall be terms of the relevant third-party service provider. OutCare is not responsible for the performance of such link, nor any content available on, or transaction(s) consummated on such third-party service provider’s website. Any booking link is provided as a convenience only and without the expectation of any booking. The parties agree that any User payments do not constitute splitting of any professional fees paid to User.
Responsibility for Patients and Health Guidance. You are solely responsible for any content you post to the Site. If you are a healthcare provider, you are solely responsible for any patient or prospective patient scheduling/rescheduling and relationship management, as well as any patient or prospective patient-related liability, and will promptly address any patient-complaint which may arise in connection with your use of the Site or the Services. You agree to defend, indemnify and hold harmless OutCare Health and its affiliates, directors, officers, employees, consultants and agents from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to: (i) any medical services, treatment, OR information provided by, OR other act or omission of, aNOTHER User or Member or otherwise accessed THROUGH the site or the services; (ii) any fees, costs or expenses incurred in connection with any medical services or treatment provided by a User or Member; (iii) negligence, gross negligence, willful or intentional misconduct, or fraud by a User or Member; (iv) any breach of the Terms by YOURSELF OR another user or member; (v) any User or member review OR OTHER CONTENT THAT MAY BE POSTED BY YOURSELF OR ANOTHER USER OR MEMBER; (vi) any disclosure or inaccuracy of User or member information; (VII) otherwise arising from your use of or access to the Site or Services OR ANY THIRD PARTY SERVICES ACCESSED or accessible THROUGH OUR SITE OR SERVICES; (VIII) ANY VIOLATION OF THESE TERMS OF SERVICE. To the greatest extent permissible at law, the sole exclusion from the foregoing obligation shall be with respect to liability arising directly from OutCare’s intentional misconduct as proven in a court of law.
Licensure Representation. You represent and warrant that any medical licensure and healthcare credentials that you may provide in your User profile, or otherwise through the registration is accurate and complete at all times during your Membership. You will promptly update your Profile with respect to any changes with respect to your licensure or lack thereof, and will notify OutCare immediately at info@outcarehealth.com in the event you are no longer in good standing in any jurisdiction.
Fees. Subscription fees for the Premium Services, set forth at outcarehealth.org/membership (“Fees”), are recurring payments (unless identified as otherwise). The term may be monthly or annual, as described on the Site. Your subscription shall begin upon payment of a first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees will be charged on or about the same day of the month that the subscription began.
Payment. OutCare Health accepts payment via the payment method indicated at the time of purchase, which may include credit card and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement including all Terms and any third-party terms of service, including, without limitation those of Stripe, Google, PayPal or another third party payment service that may govern your payment processing. Prices for Premium Services may change at any time, and OutCare Health does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Premium Services that you order. OutCare Health will charge your credit card or other form of payment for the Fees, along with any additional amounts related to bank fees. Our subscriptions are automatically renewing, so you agree that OutCare Health will charge the payment method on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, OutCare Health reserves the right to immediately revoke your access to any Premium Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, OutCare Health may cancel your subscription.
Taxes. Fees do not include any taxes that may apply. You agree to pay any sales and other taxes that may apply (excluding taxes based on OutCare’s income). If OutCare Health is at any time required to collect or pay any taxes in connection with your purchase of Premium member Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Premium Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
Cancellations and refunds. You can cancel your Premium Services at any time. If you purchase a subscription to Premium Services that automatically renews, you may cancel the subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by OutCare Health. You will retain access to the Premium Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable, unless otherwise determined by OutCare Health. If OutCare Health reasonably determines that a user has violated these Premium Membership Terms of Services or the General Terms, OutCare Health may immediately terminate the subscription and the user’s access to Premium Services without notice and without refund. Refund requests should be directed to info@outcarehealth.org.
Free trials. OutCare Health may offer free trials to new Premium Service subscribers. If you initiate a subscription to Premium Services through a free trial offer, you will receive free access to such Premium Services for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
License. Except as expressly contemplated by OutCare Health in its description of the relevant Premium Service set forth at outcarehealth.org/membership, your use of the Premium Service must be only for personal, non-commercial use. You are receiving a limited, non-exclusive, revocable license to access the Premium Service. All right, title, and interest in the Premium Service (including any content offered through the Premium Services) not expressly granted to you in the Terms are reserved by OutCare Health and its licensors. If OutCare Health reasonably determines that you violated any part of the Terms, your rights under this Section will immediately terminate and OutCare Health may terminate your access to the Premium Services and/or your community account without notice and without refund to you.
Restrictions. When you use the Premium Services, you may not (or attempt to):
- Use any part of the Premium Services in an illegal manner or for an illegal purpose;
- Share your Premium account password with someone else to allow them to access any part of the Premium Services that such person did not order;
- Copy, sell, rent, or sublicense the Premium Services to any third party;
- Circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that OutCare Health or any third-party uses to protect the Premium Services or encourage or help anyone else to do so;
- Access the Premium Services other than by means authorized by OutCare Health; or remove any legal notices or labels on Premium Services;
- Present any false, inaccurate, or misleading information in an effort to misrepresent your identity, any medical or healthcare licensure or accreditation, or your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Premium Services or content available within the Premium Services.
Changes or discontinuation of Premium Services. OutCare Health reserves the right to change the availability of Premium Services. In addition, we reserve the right to modify, suspend, or discontinue any Premium Service with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension, or termination.
Removal or unavailability of content. In certain cases, content available within a Premium Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. OutCare Health will have no liability to you for any such unavailability.
Changes to the Premium Membership Terms of Service. We may change these Premium Membership Terms of Service from time to time, so we encourage you to periodically review the most up-to-date version at outcarehealth.org/terms/premium. If you refuse to accept the updated Premium Membership Terms of Service then you must notify OutCare Health and immediately discontinue your use of the Premium Services.
Communications. By using the Premium Services, you consent to receiving communications from us including marketing communications such as newsletters about OutCare Health community features and content, special offers, promotional announcements, and customer surveys, to your registered email address or via other methods. If you no longer want to receive such communications, simply opt out of such communications.
Other terms. You agree to use the Premium Services at your own risk and, subject to all applicable laws, including, without limitation, any laws applicable to healthcare providers, payors or other healthcare industry participants. OutCare Health will have no liability to you for any content that you post or receive, or for any transactions that may be undertaken by you through the site.
If you have questions about Premium Services, please send to info@outcarehealth.org.
You agree that you are solely responsible for (and that OutCare Health has no responsibility to you for) your use of any Premium Service, any breach of your obligations under the Premium Membership Terms of Service, and for the consequences (including loss or damage of any kind which OutCare Health may suffer) of any such breach.
You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to OutCare Health.
Member Terms Acceptance
You acknowledge that your online acceptance of these Premium Membership Terms of Service located at outcarehealth.org/terms/premium and the General Site Terms of Service located at outcarehealth.org/terms, which acceptance constitutes a binding and enforceable agreement between you and OutCare Health, and hereby signify your intent to be bound to such online acceptances. To the maximum extent permitted by applicable law, in no event will OutCare Health’s liability for any and all causes of action brought by you or any agent of yours arising from or related to the Services exceed the payments actually received and retained by OutCare Health from you for the Premium Services.
You acknowledge and agree that these Premium Membership Terms of Service, your transaction for the Premium Services, your use of the Site and Services and your relationship with OutCare Health shall be exclusively governed by the laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in Marion County, Indiana for any action arising out of your breach of these terms. In any action successfully brought by OutCare Health against you to enforce these terms, OutCare Health will also be entitled to recover its reasonable attorneys’ fees and other costs associated with any such proceeding from you.
Leave a Comment