By clicking to accept or using any of MedCare Link LLC’s (“MedCare”) services, including our website at www.DrMyCare.com, our applications MyCare APP (iOS), and any quizzes or questionnaires provided (collectively, “Services”), you agree to these Terms of Service (“Agreement”). If you disagree, do not accept or use the Services. This Agreement applies to all users and incorporates by reference any additional terms, conditions, and policies provided by MedCare or its affiliated medical entities. It governs your rights, responsibilities, and limitations concerning the Services, emphasizing important legal rights, limitations on claims against MedCare, and your indemnification obligations to MedCare. By using the Services, you confirm you are legally able to enter into this Agreement.
iOS – Apple Specific Terms: These terms are between the user and MyCare APP, subject to Apple’s App Store Terms and Conditions.
MedCare’s Services, including questionnaires and their results, are for informational purposes only and do not provide medical advice, diagnosis, or treatment. They are not a substitute for professional healthcare advice and should not replace personal consultation with qualified health professionals. Always consult your physician or a qualified health provider with any questions about a medical condition. Do not ignore or delay seeking professional medical advice based on information from the Services. Content provided through our Services, even if from medical professionals, is informational and does not establish a doctor-patient relationship. Relying on any content is at your own risk. No doctor-patient relationship is created by using our Services or content.
The Services may feature or link to various goods or services (“Products”), offered by MedCare or third parties, including listings, descriptions, and images. We do not endorse these Products or their providers, and the information provided, such as features or specifications, may not be complete, accurate, or current and can change without notice. It’s your responsibility to comply with all relevant laws, including age restrictions, related to the possession, use, and sale of any Product. Products may be updated or changed at any time without notice.
We may update this Agreement and notify you via the Services or as required by law. Changes will not affect disputes prior to the update. By using the Services after changes, you accept the new terms. The “LAST UPDATED” date indicates the latest revision. We can also modify, discontinue, or change fees for the Services, or offer opportunities to users, at any time without liability.
Your information submitted through the Services is subject to MedCare’s Privacy Policy (https://www.drmycare.com/privacy-policy-for-medcarelinkllc/), which outlines our practices for collecting, using, and disclosing personal data, including creating aggregated data that doesn’t identify individual users. You agree to provide accurate and updated information as required. By using the Services, you accept the terms of the Privacy Policy. If you disagree, do not use the Services. Changes to the Privacy Policy will be posted to inform users. It’s recommended to review the Privacy Policy regularly. Continuing to use the Services after changes signifies acceptance of those changes.
The Services are operated from the United States and may not be suitable or available in all non-U.S. jurisdictions. Use of the Services is at your own risk, and you must follow all relevant laws. We reserve the right to restrict the Services’ availability to any person, area, or jurisdiction at our discretion. Certain jurisdictions grant specific rights to their residents or citizens; refer to our Privacy Policy for details on exercising these rights.
When using the Services, you agree not to engage in or promote activities that:
– Misuse the Services for unlawful or fraudulent purposes or beyond their intended use.
– Harvest or collect user information.
– Disrupt or interfere with the operation of the Services or related networks.
– Inhibit others from using the Services.
– Copy, modify, create derivative works, sell, distribute, or exploit the Services without MedCare’s written consent.
– Reverse engineer, decompile, or disassemble the Services, except as permitted by law.
– Remove copyright, trademark, or proprietary notices.
– Frame or mirror any part of the Services without permission.
– Use automated means to retrieve, index, or gather content, or circumvent the structure of the Services without consent.
– Post or transmit harmful, threatening, fraudulent, defamatory, obscene, or otherwise objectionable materials, or interfere with others’ use.
– Introduce harmful software or code.
You must respect copyright and privacy laws, and not use the Services to infringe on others’ rights or distribute malware.
Registration and Account Security: You may need to register to access certain parts of the Services. We reserve the right to reject or ask you to change any provided registration details. Keep your username and password confidential; you are responsible for their use or misuse. Inform us immediately of any unauthorized account activity.
Payments and Transactions: Access to certain Services may require payment, such as subscription and appointment fees. Transactions made through the Services may require your credit card information and other relevant details. You confirm that you are authorized to use any credit card you submit. By providing this information, you allow us to charge your card for transactions and share details with third parties for transaction facilitation. We may need to verify information before completing any transaction. If a payment is declined, you must immediately settle the due amount and update your payment method.
MedCare may modify payment terms, restrict promotions, or prohibit transactions without notice. Refunds are subject to our policies and laws. You must pay all incurred charges and applicable taxes for your transactions.
Feedback: By providing us with any ideas, suggestions, or feedback, you agree that MedCare can use and disclose this information freely, without obligation or payment to you. Your feedback is given freely, without any expectation of compensation or that it creates any obligation for MedCare.
Proprietary Rights: MedCare and its licensors own all rights to the Services, including the Website and Questionnaires, protected by law. You may not reproduce or use these materials beyond what is expressly allowed by this Agreement. For personal, non-commercial use, you’re permitted to view and, where applicable, share results with relevant third parties. Apps provided by MedCare are licensed for your use on owned or controlled devices, subject to this Agreement. You agree to accept updates to the App, which MedCare may provide at its discretion. All trademarks and logos used in the Services are owned by MedCare or its licensors; you cannot use them without explicit written permission.
Third-Party Materials and Links: Some Services features allow access to or transmission of third-party data, information, and materials (“Third-Party Materials”) via links. Using these features means you direct us to access and transmit these materials to you.
We do not control, endorse, or accept responsibility for Third-Party Materials, including their accuracy or legality. Not all Third-Party Materials are reliable, and our Agreement does not constitute an endorsement of such materials. We may block or disable access to any Third-Party Materials at our discretion and are not obligated to monitor them. Accessing Third-Party Materials does not imply our endorsement or create any legal relationship between you and their providers.
Use of Third-Party Materials is at your own risk and subject to the terms, conditions, and policies of the third parties providing them.
DISCLAIMER OF WARRANTIES: THE APPLICABILITY OF WARRANTIES DISCLAIMERS MAY VARY BY JURISDICTION. TO THE EXTENT THE LAW ALLOWS, MEDCARE PROVIDES THE SERVICES, PRODUCTS, AND THIRD-PARTY MATERIALS “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. THIS DISCLAIMER EXTENDS TO MEDCARE, ITS AFFILIATES, AND THEIR RESPECTIVE STAKEHOLDERS.
We strive to keep the Services timely, secure, and error-free, but we do not guarantee the Services will always be up-to-date, complete, accurate, or uninterrupted. The Services may contain inaccuracies or errors and may experience unauthorized changes. If you notice any discrepancies, please report them via our support page.
LIMITATION OF LIABILITY: MEDCARE IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY LEGAL THEORY, INCLUDING LOST PROFITS, DATA, OR USE, OR FOR THE LOSS OF SUBMISSION SECURITY DUE TO UNAUTHORIZED THIRD-PARTY ACCESS, EVEN IF PRE-WARNED. YOUR ONLY REMEDY FOR DISSATISFACTION IS TO STOP USING THE SERVICES. MEDCARE’S MAXIMUM LIABILITY IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES OR $100. THIS LIMITATION APPLIES ON BEHALF OF MEDCARE AND ITS AFFILIATED ENTITIES. SOME JURISDICTIONS MAY NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnity: Unless prohibited by law, you agree to defend, indemnify, and hold harmless MedCare and its Affiliated Entities from claims related to your use of the Services or violations of this Agreement.
Termination: This Agreement remains effective until terminated. MedCare can end your use of the Services or deactivate your account at any time, especially for Agreement breaches. Upon termination, you must cease using the Services and lose access to any related information. Sections covering core obligations and rights will survive termination.
Governing Law and Jurisdiction: This Agreement is governed by California state law, U.S.A., ignoring conflict of law principles. You consent to the exclusive jurisdiction of federal and state courts in California, U.S.A., and waive any objections related to jurisdiction, venue, or convenience.
Miscellaneous Terms: This Agreement does not create any form of partnership, joint venture, or employer-employee relationship between you and MedCare. Unlawful or unenforceable provisions will be severed without affecting the rest of the Agreement. Your rights or obligations cannot be assigned or transferred without our explicit consent, while we may do so freely. Waivers of breaches do not waive future breaches. This Agreement is not modified by any course of dealing or trade practice. Section titles are for convenience only. Terms apply equally in singular and plural forms. “Including” means “including without limitation.” This Agreement is the complete agreement between you and MedCare on this subject, superseding all previous agreements. Notices to you may be made via the Services, email, regular mail, or as required by law, and are admissible in legal proceedings. MedCare is not liable for failures due to beyond control causes.