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

Better On Call and its predecessors, successors, licensors, beneficiaries and/or affiliates (collectively, “Better On Call” or “we”) welcome you to download our proprietary mobile application software called “Better On Call™” (or the “Application”). By downloading and using the Application, and by receiving services through the Application and/or via our Website (if applicable) (“Services”), you agree to be bound by the terms of service set out below (the “Agreement”).

If you do not agree to all of the terms of this Agreement, do not use the Application or our Services. Better On Call may revise and update this Agreement at any time. Your continued use of the Application or our Services will mean you accept the revised Agreement. All references to the “Application” in this Agreement shall be construed to also include our Website (if applicable).

Our Services; Registration and Membership.

Congratulations on your decision to download Better On Call™. We are excited to bring you an innovative platform that provides you with health information, including information regarding independent professional medical practices (each, a “Medical Practice”), which may be available to provide physicians at your door and on-demand in under an hour. Better On Call is a technology information service provider that provides patients with health information and provides a forum for independent Medical Practices that provide non-emergency general adult and pediatric healthcare services in the comfort and convenience of a patient’s home, office, or workplace to promote the unique services they offer (“House Calls”). Upon request for a House Call, the Application will automatically transmit your location which will be used to determine whether a Medical Practice provides services in your area. Upon providing certain relevant information to a Medical Practice through the Application, if a physician licensed to practice medicine in Arizona working with the independent Medical Practice (“Physician”) and a medical assistant working with the independent Medical Practice (“Medical Assistant”) are available, the Physician and Medical Assistant will then choose whether or not to be dispatched to your location; provided, however, that the Physician may, in his or her best judgment, based on information received prior to the House Call or during the House Call, determine that he or she is unable to provide treatment. The Physicians and Medical Assistants are sometimes referred to herein as “Health Care Professionals”.

If you are using the Application for Services to a minor, you must be available during the Physician’s visit with the minor, you are responsible for payment for the Services provided the minor, and are assuming the obligations of this Agreement as they relate to the minor.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Agreement. You are responsible for all equipment necessary to access the Application.

The Medical Practices that are featured on the Application currently charge on a fee-for-service basis in connection with providing a house-call Physician and Medical Assistant (“Service Fee”). If you are a member of an insurance plan that contracts with a Medical Practice as an in-network provider, and your insurance coverage has previously been verified by Better On Call; the Medical Practice will bill your insurance plan for the portion of the Service Fee for which it is responsible. You will still be responsible for any applicable copayments or deductibles, and your credit card will be charged accordingly.

In order to obtain our Services you must provide us with certain personal information and create a membership account (“Membership”). We respect your privacy and a complete statement of our current privacy policy can be found in our “Privacy Policy”. Our Privacy Policy is expressly incorporated into this Agreement by this reference.

Independent Medical Practices may provide promotional advertising on our Application. If you choose to click on such promotional advertising, you will then be connected to a portion of the Application controlled by such Medical Practice and will be able to communicate with such Medical Practice.

You Must Provide Accurate Information to Maintain Your Membership.

The Medical Practices featured on Better On Call and Better On Call do not take payment from any state or federal governmental health plan such as Medicare or Medicaid. They also do not allow use of any credit, flex or debit card connected to your employer’s group health plan, cafeteria plan, flex plan, 125 plan or self-insured group health plan, unless they are contracted with the group health plan as an in-network provider. By clicking to accept this agreement you verify that your credit card is not connected to your employer’s group health plan, cafeteria plan, flex plan, 125 plan or any or any health insurance, PPO, HMO, medigap policy, or any governmental health plan such as Medicare or Medicaid, unless you are a member of an insurance plan that contracts with a Medical Practice as an in-network provider. It is imperative that you provide accurate and truthful information about your identity and your health and physical condition during the registration process. By filling in the Membership information requested you represent and warrant to Better On Call that all of the personal information you provide during this process is true and correct. Better On Call reserves the right to refuse or cancel your Membership or your use of the Application and/or the Services if Better On Call determines that you have not provided complete and accurate information regarding your identity and/or have not provided accurate health information.

You also agree that you will not choose or use a user name that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s Membership or log in details to access the Application and/or Services.

Eligibility.

You must reside in Arizona and be 18 years of age or older to use the Application and the Services provided through the Application. You understand that there may be no Medical Practice or Health Care Professionals in your area and we cannot guarantee that Health Care Professionals will be available to provide Services in your area. If you are requesting pediatric Services for a minor, you must verify that you are the parent, guardian or other personal representative with the authority to make health care decisions for the minor. By using the Application and our Services you represent that you are at least 18 years of age or are the parent, guardian or other personal representative for a minor.

You must notify us immediately of any change in your eligibility to use the Services including any changes to your medical condition or physical fitness, breach of security or unauthorized use of your Membership with Better On Call.

Our Services.

Better On Call is a technology information service provider that provides patients with health information and provides a forum for independent Medical Practices to provide non-emergency general adult and pediatric healthcare services in the comfort and convenience of a patient’s home, office, or workplace, allowing the Physicians to diagnose and deliver medical treatments in-person to adults or children.

Medical Practices promoting themselves on Better On Call perform thorough background checks on Physicians to ensure that they are in current good standing with the Arizona medical board, as well as thorough background checks on any Medical Assistants accompanying the Physicians during the House Calls.

Medical Practices that promote themselves on Better On Call, and its Health Care Professionals, are not employees of Better On Call. Employees of Better On Call do not provide users health care services and take no part in your medical diagnosis and/or treatment. Better On Call shall not be liable for any professional advice from a health care professional that is provided to a user in-person or via telephone, nor for any information obtained on our Application. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any health care providers that promote themselves on our Application or information provided by such health care providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.

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

You will be required to enter into separate agreements with the Medical Practice providing you with medical services (“Physician Agreements”). Physician Agreements include, but are not limited to arbitration agreements, privacy policies, medical services consents, and nondisclosure agreements. Any Medical Practice that promotes itself on Better On Call, and their Health Care Professionals, are independent of Better On Call, and Better On Call is not responsible for any issues you may have with respect to the Medical Practices’ or a Health Care Professionals’ professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Medical Practices or Health Care Professionals.

IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS.

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

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

PLEASE NOTE THAT BETTER ON CALL’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH A MEDICAL PRACTICE AND ITS INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, BETTER ON CALL EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTH CARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.

Geo-Location Functionality.

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

Additional Services and Terms.

Some of the Services we offer may be subject to additional terms and conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to you before the affected Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.

Membership Charges; Credit Card Billing and Additional Purchases.

The “Beta” version of the Application is free of charge. However, in the future there may be charges for certain Better On Call Services. Currently, all non-third party billing (if applicable) will be handled by Apple® or Google® (depending upon which service you use and which version of the application you download). In the future we may ask for payment information from you directly and you will have the option to continue with Services or decline them at that time.

Through the Services, you may also be able to purchase certain goods or additional features or other services designed to enhance the performance of the Application or the Services (“In App Purchase”). When you make an In App Purchase, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions. Alternatively, depending on your operating system, you may be purchasing through the Google® Play service, and by doing so, you are agreeing to Google Play Terms and Conditions for purchases within an application.

During your use of the Application and our Services, you also may occasionally be offered incentives or merchandise either directly from Better On Call or from third parties that are not In App Purchases. Those purchases, if you agree to them, may require you to provide credit card or other transaction data to us or to third party providers in order to procure such items. We will only collect those details, if ever, for the sole purpose of fulfilling an order for products or services that you request. Better On Call may retain your credit card details in an encrypted file, however.

Cancellations.

If you choose to cancel your Membership or your Services, all you have to do is email info@betteroncall.com. We will refund any fees you have paid for unused Services. Better On Call reserves the right, at its sole discretion, to reject users of its Services and Application. If we reject you after you have paid a subscription fee, Better On Call will reimburse the unused portion of that fee.

Term, Renewal, and Expiration.

Your Membership will renew automatically for consecutive periods of the same duration as the Membership term originally selected, unless we terminate it or you notify us by email at info@betteroncall.com and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your Membership before it renews in order to avoid billing of any applicable subscription fees charged through Apple or Google. Subject to the foregoing, ANY CREDITS WHICH REMAIN OUTSTANDING AND UNUSED FOR A PERIOD OF MORE THAN ONE (1) CALENDAR YEAR FROM THE DATE OF PURCHASE SHALL BE SUBJECT TO EXPIRATION AND TERMINATION BY BETTER ON CALL, AT ITS SOLE DISCRETION, AND NO REFUND OR OTHER COMPENSATION WILL BE GIVEN TO YOU IF SUCH EXPIRATION AND TERMINATION OCCURS.

Account Security.

You are responsible for maintaining the confidentiality of your username and password that you designate during the Membership registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. Better On Call 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 Physician or Medical Practice, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by Better On Call, the Medical Practice, and the Health Care Professionals, in accordance with applicable law.

License and Limitations on Use.

Better On Call grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, 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 property of Better On Call or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Better On Call. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

By using the Application or the Services, you agree that your use:

Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
Will not cause nuisance, annoyance, disruption, or inconvenience to any Health Care Professionals;
Will not impair the proper operation of the network;
Will only be through access points or wireless data account (AP) which you are authorized to use; and
May involve standard messaging charges by your wireless provider.

Notice for Claims of Copyright Violations.

If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

Please provide:

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 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, 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: 1708 N Forgeus Avenue

Tucson, AZ, 85716

Email: info@betteroncall.com

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

Member Conduct.

We reserve the right to terminate your Member status if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:

You may not:

Upload, post, or transmit to any Medical Practice or Health Care Professionals 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 Member, Health Care Professional, or an employee of Better On Call, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”
Attempt to interfere with or disrupt our servers or networks;
Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
Stalk or otherwise harass another user or Member of our Services or any of our employees, or any independent Medical Practice or Health Care Professionals;
Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or Members, including usernames or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

DISCLAIMERS OF WARRANTIES.

YOU USE THE APPLICATION, THE SERVICES, INCLUDING A MEDICAL PRACTICE’S AND HEALTH CARE PROFESSIONALS’ SERVICES, AND OUR WEBSITE AT YOUR OWN RISK. BETTER ON CALL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY BETTER ON CALL OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION SERVICES, OUR WEBSITE, ANY MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND BETTER ON CALL SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BETTER ON CALL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY INDEPENDENT MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN BETTER ON CALL’S LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT BETTER ON CALL SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETTER ON CALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE APPLICATION, SERVICES OF THE WEBSITE OR ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL BETTER ON CALL’S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO BETTER ONCALL. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, BETTER ON CALL’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMERS REGARDING MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS.

BETTER ON CALL DOES NOT EXPRESSLY ENDORSE ANY MEDICAL PRACTICE OR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL ON THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL AND NOT BETTER ON CALL. RELIANCE ON ANY INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. BETTER ON CALL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID MEDICAL PRACTICE OR HEALTH CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. MEDICAL PRACTICES AND HEALTH CARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH PHYSICIANS ARE BETWEEN YOU AND THE LICENSED HEALTH CARE EXPERT. BY USING THE SERVICE, YOU AGREE NOT TO HOLD BETTER ON CALL LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE PHYSICIAN MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL BETTER ON CALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PHYSICIANS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH HEALTH CARE PROFESSIONALS PARTICULARLY IF YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON.

Indemnification.

You agree to defend, indemnify, and to hold harmless Better On Call, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Application, Services or our website or your inability to use the Application, Services or our website; or (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold Better On Call (and its officers and directors) harmless applies whether a claim against Better On Call is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.

Third Party Web Sites, Products and Services.

The Application, Services and/or our website may link to or promote websites, products and/or services from other companies, such as independent Medical Practices, or offer you the ability to download software from other companies. You agree that Better On Call is not responsible for, and does not control, those websites or any third party products or services. Better On Call encourages 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.

Governing Law and Choice of Forum.

This Agreement contains the final and entire agreement between us regarding your use of the Application Services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Arizona, United States of America applicable to contracts made entirely within Arizona and wholly performed in Arizona, 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 will be an appropriate federal or state court located in Tucson, Arizona. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Assignments.

Better On Call may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Better On Call’s successors, assigns and licensees. 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.

Promotions and Offers.

We may, as part of our services to users, 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. The Application reserves the right to send particular promotions to particular Members, Physicians, and other individuals. 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, as further described in our Privacy Policy. You agree that Better On Call may communicate your personal information to a Medical Practice featured on the Application in connection with any healthcare services provided by that Medical Practice and its Health Care Professionals.

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.

Better On Call is not responsible for any unauthorized promotions and offers offered by third parties through the Application.