Last updated: July 26, 2019

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE ESTABLISH A BINDING, CONTRACTUAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU (“CLIENT” OR “YOU”) AND MDCONSULT LLC, AN OHIO LIMITED LIABILITY COMPANY (“COMPANY”, “WE” OR “US”). BY SUBSCRIBING AND USING OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS OF SERVICE BEFORE PROCEEDING TO SUBSCRIBE AND USE OUR SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN PLEASE DO NOT SUBSCRIBE TO, OR USE, OUR SERVICES.

  1. GENERAL
    1. If you choose to use our Services governed by these Terms of Service, you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and MDConsult. The Terms of Service shall be effective immediately upon the completion of your subscription to our Services, thereby establishing the Agreement between the parties.
    2. We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them. Your continued use of our Services following the posting of revised Terms of Service means that you accept and agree to the changes, so please check these Terms of Service periodically for updates.
  2. SERVICES PROVIDED
    1. We will provide consulting and patient advocacy servicing relating to Client’s medical care, including but not limited to, education, appointment scheduling, recommendation of health care provider(s), and other assistance navigating the health care system (the “Services”).
  3. RELATIONSHIP OF THE PARTIES
    1. These Terms of Service do not, under any circumstances, create a “physician-patient” relationship between Company and Client as defined under applicable state law. The Services provided by us are solely in an advisory capacity. You acknowledge and agree that you will defer to the clinical care, treatment, and judgment of your doctor(s) and/or other health care provider(s).
  4. PAYMENT
    1. You will pay a fee established at the time of your subscription to our Services. Services covered by the subscription are outlined on the website or are available on request. Additional services are available at the fee schedule applicable to your subscription. This “Additional Services” fee shall be payable monthly, no later than the first day of the month following the period during which the Services were performed. Upon termination of the Agreement, payments under this paragraph shall cease; provided, however, that we shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which we have not yet been paid. All unpaid balances will accrue interest at the highest monthly prime rate allowed by law.
  5. EXPENSE REIMBURSEMENT

    1. We shall be entitled to reimbursement from you for all reasonable expenses, including but not limited to, travel, courier, and photocopying expense.
  6. TERM & TERMINATION

    1. The Agreement shall be effective for a period of one year (the ‘Initial Term”) and shall automatically renew for successive terms of the same duration (the “Renewal Term”), unless either party provides 60 days written notice to the other party prior to the termination of the applicable Initial Term or Renewal Term.
  7. LIABILITY

    1. In no event shall we be liable to you for any punitive, incidental, indirect, or consequential damages of any kind in connection with these Terms of Service or the Agreement, even if we have been informed in advance of the possibility of such damages. Furthermore, in no event shall we be liable to you for damages of any kind in an amount in excess of the amounts paid to us by you under these Terms of Service. Further, we will not be liable for delays or performance failures due to circumstances beyond our control.
  8. DISPUTE RESOLUTION
    1. Any controversy, dispute, disagreement, or claim of any kind arising out of or relating to these Terms of Service shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. You hereby acknowledge and agree that you waive your right to a trial in court and a trial by jury for any legal claim you may have relating to these Terms of Service or the Agreement between you and Company.
  9. GOVERNING LAW

    1. These Terms of Service, and all matters arising out of or relating to these Terms of Service, shall be governed by and construed in accordance with the laws of the State of Ohio.
  10. MISCELLANEOUS

    1. Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
    2. If any provision in these Terms of Service is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
  11. ENTIRE AGREEMENT

    1. These Terms of Service and the Agreement between you and Company as established herein supersedes all previous contracts or agreements between you and Company with respect to the subject matter hereof, and constitutes the entire Agreement between the parties.

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