Terms of Use
Updated on September 3, 2024
Agreement to Terms of Use
These website Terms of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, and Falck Physicians Group which operate urgent care at home as “Falck Mobile Care”.
If you are helping another person use this website, these Terms constitute a legally binding agreement between both the helper and the person being helped and Falck Physicians Group and Falck Mobile Care. Terms such as “we” or “our” and “Company” refer to Falck Physicians Group, Falck Mobile Care and its affiliate entities.
By using this website, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policies. We may change these Terms at any time, and such changes will be posted on this or a similar page of this website.
It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms.
By using this website, you acknowledge and agree that any activity on this website is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law.
If you enter into any other agreement with the Company, for example regarding health plan coverage, then these Terms are in addition to the terms of such other agreement.
Neither entering into this agreement, nor visiting this website, nor any of these Terms, guarantees that you are eligible to receive coverage under any plan offered through this website or otherwise.
Your acceptance of, and compliance with, these Terms is a condition to your use of the Site and purchase of Products. By clicking “accept” or otherwise using our Site, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms, the Notice of Privacy Practices provided to you by Falck Mobile Care, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site; promptly exit this Site.
Binding Arbitration. These Terms provide that all disputes between you and Falck Mobile Care that in any way relate to these Terms or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Binding Individual Arbitration for the details regarding your agreement to arbitrate any disputes with Falck Physicians Group.
Changes to Terms
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Falck Mobile Care websites and/or mobile applications (collectively, the “Site”). In accordance with our Notice of Privacy Practices, changes to these Terms will not weaken the privacy protections applied to your Protected Health Information without your being notified. Any use of the services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any Dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that was in place when the Dispute arose.
**Emergencies** THIS SITE IS NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “911” OR AN APPROPRIATE EMERGENCY RESPONDER. FALCK MOBILE CARE IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THIS SITE.
Services Provided – No Medical Care or Advice by Falck Physicians Group
As an important note, there is no single provider of medical care called “Falck Physicians Group” or “Falck Mobile Care” that provides clinical services online.
These Terms do not define how we ensure our adherence to Federal and State laws regarding your Protected Health Information, including the Health Insurance and Portability Act of 1996 (“HIPAA”). Our policies regarding the processing of your Protected Health Information (“PHI”) are covered in our Notice of Privacy Practices (“HIPAA Privacy Practices”). Our HIPAA Privacy Practices define how we preserve the privacy of your Protected Health Information, and you should refer to that document, not this one, regarding all processes associated with your healthcare records and other PHI.
Falck Physicians Group does not provide medical advice or care through the Site. Falck Physicians Group contracts with Falck Mobile Care, a professional medical corporation. Falck Physicians Group provides administrative and business support services to Falck Mobile Care. Falck Mobile Care Providers deliver clinical services to their patients. Providers are independently contracted or employed by Falck Physician Group. Providers from Falck Physicians Group are responsible for the quality and appropriateness of the care they render to you. Falck Physicians Group and Falck Mobile Care do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
Falck Mobile Care entities, their related sites, locations, and care providers follow the terms of our Notice of Privacy Practices you may refer to that document to understand the protections applied to your Protected Healthcare Information.
Any information or advice received from a Provider comes from them alone, and not from Falck Physicians Group. Neither Falck Physicians Group, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Falck Physicians Group does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Prescription Policy
Neither Falck Physician Group nor Falck Mobile Care endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Falck Physicians Group and Falck Mobile Care fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Falck Mobile Care to transmit that prescription to the pharmacy of your choice
Not an Insurance Product
Neither Falck Physicians Group nor Falck Mobile Care are insurers. The services are not insurance products, and the amounts you pay to Falck Physicians Group and Falck Mobile Care are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Age Limitations
In order to access the Site, you represent and warrant that you are older than 18 years old. If you are under the age of eighteen (18) and wish to use our Site, your parent or legal guardian must agree to your use of the Site, submit your personal information, and agree to these Terms on your behalf. If you are under the age of 13, you may only access our Site with the supervision and consent of your parents or legal guardians. If we learn that we have collected personal information from someone under the age of 13 without parental consent, we will promptly delete that information. If you believe we have improperly collected personal information from someone under the age of 13, please contact us at privacyofficerus@falck.com
Restricted
You may use this Site only to the extent that you obey all laws, rules, and regulations applicable to your use of this Site. Falck Physicians Group and Falck Mobile Care operate subject to state and federal laws and regulations, and the services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site is limited exclusively to users located in States within the United States where the services are available. Accessing the Site from jurisdictions where content is illegal, or where we do not offer services, is prohibited.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Falck Mobile Care may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Your Privacy
Upon acceptance of these Terms you confirm that you have read, understood, and accepted Falck Physicians Group’s Online Privacy Policy and the Notice of Privacy Practices shared with Falck Mobile Care, as applicable.
Registration
Registration is not required to view certain content on the Site. However, to use some parts of the Site you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials, and for all activities that occur under such Credentials. If you believe someone has accessed the Site using your Credentials without your authorization, e-mail us immediately at privacyofficerus@falck.com.
Transactions
If you wish to purchase products or services described or linked to on the Site (each such purchase, a “Transaction”), Falck Mobile Care or the third-party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, credit card and other payment and shipping information. You understand that, if any such information is provided to Falck Mobile Care, then Falck Mobile Care shall treat any such information in the manner described in our Online Privacy Policy. By supplying such information, you grant Falck Mobile Care the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MECHANISM USED IN CONNECTION WITH ANY TRANSACTION.
Descriptions or images of, or references to, products or services on the Site do not imply Falck Mobile Care’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to Falck Mobile Care’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Falck Mobile Care is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Falck Mobile Care’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Site may be obtained by sending an email to privacyofficerus@falck.com
Consent to Electronic Communications
You agree to receive email communications from Falck Physicians Group and Falck Mobile Care and request online access to your profile to do things such as make or cancel appointments. By providing your phone number to us, you grant permission for Falck Physicians Group and Falck Mobile Care to send you SMS text messages and emails regarding sign up, wait times, my appointments, follow up questions, billing questions, attempts to collect payment (should the need arise), and other services related messages.
You grant and state your preference to have all staff at Falck Physicians Group and Falck Mobile Care communicate with you by email or standard SMS messaging regarding various aspects of my medical care, which may include, but shall not be limited to, test results, prescriptions, appointments, patient satisfaction surveys and billing. You understand that email and standard SMS messaging are not confidential methods of communication and may be insecure. You further understand that, because of this, there is a risk that email and standard SMS messaging regarding your medical care might be intercepted and read by a third party.
- When you opt-in to the service, we will send you an SMS message to confirm your signup.
- You can cancel the SMS service at any time. Just text “STOP” to us. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
- If at any time you forget what keywords are supported, just text “HELP” to us. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to major mobile phone carriers by using a third party service provider. Please note that carriers are not liable for delayed or undelivered messages.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to privacyofficerus@falck.com
- If you have any questions regarding privacy, please read our privacy policy
Social Media and Online Communities; Other User Content
Falck Physicians Group and Falck Mobile Care may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, YouTube or other similar sites (collectively, “Social Media Sites”). Falck Physicians Group and Falck Mobile Care may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on this Site. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Site. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
Falck Physicians Group and Falck Mobile Care may terminate or restrict your access to any Company online community, including access through the Site.
If you submit, upload, post, or transmit any Tagged Content, health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Falck Physicians Group and Falck Mobile Care that you have the legal right and authorization to provide all User Information to Falck Physicians Group and Falck Mobile Care for use as set forth herein and required by Falck Mobile Care Medical Provider.
Except as protected or prohibited by applicable law, Falck Physicians Group shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Falck Physicians Group desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world.
Our policies regarding the processing of your Protected Health Information (“PHI”) are covered in our Notice of Privacy Practices. Our Privacy Practices define how we preserve the privacy of your Protected Health Information, and you should refer to that document, not this one, regarding all processes associated with your healthcare records and other PHI.
You agree not to: (i) access the Site in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Falck Physicians Group and Falck Mobile Care; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
Selection and Removal of Tagged Content
Falck Physicians Group and Falck Mobile Care will review Tagged Content and select certain Tagged Content for posting on our Site; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable Terms and applicable laws. If your Tagged Content is posted to our Site, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by emailing us at privacyofficerus@falck.com
Monitoring
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Site or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
Ownership and IP Licensing
This Site is owned and operated by Falck Physicians Group and Falck Mobile Care. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Site and materials contained on the Site are either owned by Falck Physicians Group and Falck Mobile Care, are licensed to it, or are used with permission. Falck Physicians Group, Falck Mobile Care, and its licensors retain and reserve all proprietary rights to the contents of this Site.
Subject to these Terms and the payment of all applicable fees, Falck Physicians Group and Falck Mobile Care grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms are reserved and retained by Falck Physicians Group and Falck Mobile Care or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site a, nor any part of the Site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Falck Physicians Group and Falck Mobile Care.
You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Falck Physicians Group and Falck Mobile Care. You may link to, view, download, use, display and print a single copy of the materials found on this Site only for personal, noncommercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Falck Physicians Group and Falck Mobile Care or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © 2024 Falck Physicians Group and Falck Mobile Care. All rights reserved.” Any other use of the Site or the information contained here is strictly prohibited. Falck Physicians Group may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under copyright law. If you believe in good faith that content or material on this Site infringes a valid copyright owned by you, you (or your agent) may send Falck Physicians Group and Falck Mobile Care a notice requesting that the material be removed, or access to it blocked. This request should be sent to: privacyofficerus@falck.com ; or to: Falck Privacy Officer, 1517 W. Braden Ct., Orange, CA 92868.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.
Trademark Notice
Falck Mobile Care names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Falck Mobile Care. All rights are reserved. You are not authorized to use any Falck Mobile Care name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Falck Mobile Care. All other trademarks appearing on the Site are the property of their respective owners.
Security
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of this Site will be in compliance with these Terms.
No Warranties
USE OF THIS SITE AND IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FALCK PHYSICIANS GROUP, FALCK MOBILE CARE , OR OTHERWISE THROUGH THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, FALCK PHYSICIANS GROUP, AND FALCK MOBILE CARE, THIER PROCESSORS, THEIR PROVIDERS, THEIR LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
FALCK PHYSICIANS GROUP AND FALCK MOBILE CARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FALCK PHYSICIANS GROUPAND FALCK MOBILE CARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnity
BY VISITING THIS SITE OR USING, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FALCK PHYSICIANS GROUP, FALCK MOBILE CARE, THE PROVIDERS AND ANY AFFILIATED FALCK PHYSICIANS GROUP ENTITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY “FALCK PHYSICIANS GROUP AND MOBILE CARE PARTIES”) FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU OR A THIRD PARTY MAY INCUR IN CONNECTION WITH YOUR USE OR MISUSE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY USER CONTENT, TAGGED CONTENT OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED FALCK PHYSICIANS GROUP OF THE POSSIBILITY OF SUCH CLAIM.
Limitation of Liability and Damages
FALCK PHYSICIANS GROUP AND FALCK MOBILE CARE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND ANY OF ITS SERVICE IS TO STOP USING THE SITE OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF FALCK PHYSICIANS GROUP AND MOBILE CARE PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF FALCK PHYSICIANS GROUP AND FALCK MOBILE CARETO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Disputes
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact privacyofficerus@falck.com with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. “Disputes” between you and Falck Physicians Group, Falck Mobile Care, including its processors, suppliers or licensors or their respective affiliates, agents, directors or employees, are defined for the purposes of these Terms to include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Falck Physicians Group and Falck Mobile Care including, but not limited to, any claims relating in any way to these Terms (including its breach, termination, or interpretation), any other aspect of our relationship, Falck Mobile Care advertising, and any use of Falck Mobile Care services.
Binding Individual Arbitration
You, Falck Physicians Group, and Falck Mobile Care agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST FALCK PHYSICIANS GROUP OR FALCK MOBILE CARE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by JAMS according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Los Angeles, California, or another mutually agreeable location, or a location ordered by the arbitrator. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Falck Physicians Group and Falck Mobile Care will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Falck Physicians Group and Falck Mobile Care also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in Los Angeles, California, or federal court for the Southern District of California.
Jurisdiction
Information provided on this Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.
This Site is a service provided by Falck Physicians Group and Falck Mobile Care does not constitute any contact with any jurisdiction outside the State of California. Use of this Site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Site illegal. Users in such jurisdictions visit and use this Site entirely at their own risk. Note: the essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.
This Agreement is entered into and performed in the State of California, United States of America. It is governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of law provisions.
Requests for Information
If you contact Falck Mobile Care and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.
Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
Links to Other Websites
Falck Mobile Care’s Site may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Falck Mobile Care. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms. Falck Mobile Care expressly disclaims any liability for these websites. Please remember that when you use a link to go from our Site to another website, our Online Privacy Policy and Notice of Privacy Practices is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Site, is subject to that website’s own rules and policies.
Downloadable Files and Email
Falck Mobile Care cannot and does not guarantee or warrant that email or files available for downloading from its Site will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Falck Mobile Care does not assume any responsibility or risk for damage to your computer or its files related to your use of the services.
Notice for California Users
If you have a question or complaint regarding the services provided to you by Falck Mobile Care, please contact us at MobileCare@Falck.com to receive further information regarding the services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Other Provisions
Except as expressly provided in these Terms, these terms are a complete statement of the agreement between you and Falck Physicians Group and Falck Mobile Care, and they describe the entire liability of Falck Physicians Group and Falck Mobile Care and its vendors and suppliers and your exclusive remedy with respect to your access and use of this Site. In the event of a conflict between these Terms and any other Falck Physicians Group and Falck Mobile Care agreement or policy, these Terms shall prevail on the subject matter of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Falck Physicians Group and Falck Mobile Care may have under trade secret, copyright, patent, or other laws. Falck Physicians Group and Falck Mobile Care’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these Terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, pandemic, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
Support; Functionality
All questions and requests relating to Site support must be directed to Falck Physicians Group and Falck Mobile Care. The Select Third Parties, as defined below, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Falck Physicians Group and Falck Mobile Care will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
Modified Devices and Operating Systems
Falck Physicians Group and Falck Mobile Care will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
No Liability for Select Third Parties
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms and they do not own and are not responsible for the Site. Falck Physicians Group and Falck Mobile Care, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
Assignment
You may not assign any rights or obligations under this Agreement without Falck Physicians Group and Falck Mobile Care’s prior written consent. Falck Physicians Group and Falck Mobile Care may assign all or part of this Agreement.
Survival
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
Waiver
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notices
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
Severability
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Falck Physicians Group and Falck Mobile Care applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.
Conflicting Terms
Anything on the Site inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
Contact Information
Please contact us with any questions or concerns regarding this Agreement at:
Falck Privacy Officer
Email: privacyofficerus@falck.com