Terms and Conditions

Program Administrator: DialCare, LLC (“DialCare”)
7400 Gaylord Parkway Frisco, TX 75034

For assistance using your plan, please call Member Services at (855)335-2255.

Terms and Conditions: These Terms and Conditions are part of the membership agreement (Agreement) between you and DialCare, LLC (“DialCare”). DialCare provides administrative services to DialCare clinicians and does not provide professional health care services. The Terms and Conditions define the obligations of DialCare, its authorized agents and yourself, and they establish the basic rules of safe and fair use of DialCare's public website, member website, and services (Services). DialCare and its authorized agents reserve the right to immediately and without advance notice terminate the Services and deny access to individuals who do not abide by the Terms and Conditions.

Use of DialCare for Health Care Services: DialCare's telemedicine consults are provided by independent clinicians who are dedicated to the safe and effective, evidence-based practice of telemedicine. You acknowledge that your clinician-patient relationship with a DialCare clinician does not replace your relationship with your primary care physician. You agree to pay for telemedicine consults at the time you request a consultation, unless payment arrangements have been made through your employer, association, school, or another entity. You agree to have your medical history and other diagnostic and medical documentation reviewed by one of DialCare's clinicians.

You acknowledge that DialCare's clinicians may choose not to treat your condition and may not prescribe a medication for your condition. You agree to accurately represent your location city and state when requesting a clinical consult.

Using the Services signifies your acceptance of the DialCare Terms and Conditions and Privacy Policy. If you do not accept the DialCare Terms and Conditions and Privacy Policy, you should not use the Services. If DialCare changes the Terms and Conditions or Privacy Policy, they will post those changes prominently on the DialCare website at www.dialcare.com. Your continued use of the Services following the posting of changes to these terms signifies your acceptance of those changes. Changes to the Terms and Conditions and Privacy Policy will become effective immediately upon posting and shall supersede all prior versions of the Terms and Conditions and Privacy Policy unless otherwise noted.

Limitations, Exclusions & Exceptions: This plan is a telemedicine program offered by DialCare. DialCare is not a licensed insurer, health maintenance organization or other underwriter of health care services. This plan is not insurance. DialCare is not licensed to provide and does not provide health care services or items to individuals. Telemedicine consultations are provided by professional entities that are contracted with DialCare. Clinicians contracted by DialCare are solely responsible for the professional advice and treatment rendered to members and DialCare disclaims any liability with respect to such matters. DialCare may not be available in all states, and certain methods of telemedicine consultations (e.g., phone, video) may not be available per state law. Consultation times are not guaranteed. Telemedicine consultations are not appropriate for emergencies or other medical issues requiring in-person care. You must immediately dial “911” or seek in-person treatment in the event of a medical emergency, or if instructed to do so by a DialCare clinician. DialCare reserves the right to deny care for potential misuse of services. You are obligated to pay for all health care services resulting from consultations. Services and service providers may change or be discontinued at anytime with notice as required by law.

You understand that your account may not be available at all times due to unanticipated system failures, back-up procedures, maintenance, or other causes beyond the control of DialCare or its authorized vendors and agents. Access is provided on an "as-is, as-available" basis and DialCare or its authorized vendors and agents do not guarantee that you will be able to access your account or receive Services at all times. Services are provided without representations or warranties of any kind, either express or implied. DialCare does not warrant accuracy, completeness or timeliness of the services or the content of the DialCare site. You understand that DialCare or its authorized vendors and agents take no responsibility for and disclaim any and all liability arising from any inaccuracies or defects in software, communication lines, the virtual private network, the Internet or your Internet Service Provider (ISP), access system, computer hardware or software, or any other service or device that you use to access your account.

Obligations: DialCare grants you a non-transferable license, subject to the terms of this Agreement, to use DialCare Services. In order to be valid, your account must contain certain required true, correct and verifiable information about your identity and medical history. In order to maintain access to DialCare services, and in order for DialCare to provide you important information regarding your medical treatment and health, it is your responsibility to update your personal account information and to notify DialCare of any changes in your home address, e-mail address, telephone number, guardian, or emergency contact. Your failure to do so may result in interruption of the Services or impairment of DialCare's ability to deliver important time-sensitive information about your medical condition, medications, and laboratory and diagnostic test results. You may update your personal information by accessing your account through the DialCare Website and logging in with your user name and password.

It is your duty to be truthful and accurate with all the information you enter into or upload to the system. You understand that any misstatements or misrepresentations about a patient's condition may result in serious harm to that patient. The documentation of consultations will be maintained in your account. You may also use your account to upload relevant medical information pertaining to your current health, medical condition and health history. While your account with DialCare is active and in good standing, you will have unlimited access to the information stored in your account. You are advised to immediately contact DialCare if you disagree with or do not understand the contents of the consultation report or the instructions issued by the treating DialCare clinician.

You understand that it is extremely important that you keep your password to access DialCare completely confidential. If at any time you feel that the confidentiality of your password has been compromised, you will change it by going to the Password link on the DialCare website. You understand that DialCare and their authorized vendors and agents take no responsibility for and disclaim any and all liability or consequential damages arising from a breach of your account or health information resulting from your sharing or losing your password. You also agree not to attempt or facilitate an attempt to attack or undermine the security or the integrity of the systems or networks of DialCare, the software provider or any of its authorized agents or affiliates. If DialCare, or their authorized vendors and agents, discovers that you have inappropriately shared your password with another person, or that you have misused or abused your online access privileges in any way, your use of the Services may be discontinued without prior notice.

When receiving a consultation, your environment should ensure privacy. You should be easily heard and visible (for video consultations). Your camera must be placed on a secure, stable platform to avoid wobbling and shaking during the videoconferencing session. Any device you use for a consultation shall have up-to-date antivirus software and shall have the latest security patches and updates applied to the operating system and any 3rd party applications.

If you are a legal guardian or a parent of a child under age 18, you accept this Agreement on their behalf. You agree not to falsify or misrepresent your identity or your authority to act on behalf of another person. Patients under the age of 18 may only use the Services with the consent and at the discretion of their parent or guardian.

You understand that DialCare clinicians or staff may send you messages. These messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages. By entering your valid and functional email address and mobile phone number, you authorize DialCare to notify you of messages sent to your DialCare Inbox. You understand that contents of any message may be stored in your account. You agree that all communication will be in regard to your own health condition(s). You understand that asking for advice on behalf of another person violates the Terms and Conditions. DialCare and its clinicians do not assume any responsibility for health information or services used by persons other than you.

Indemnification: You agree not to hold DialCare or its authorized vendors and agents liable for any loss, injury or claims of any kind resulting from your violation of the Terms and Conditions or your failure to read DialCare messages in a timely manner, provide complete and accurate information, follow any treatment recommendations, or follow-up with additional medical care as recommended by your treating clinician. DialCare does not make any guarantees about the results of a consult or any representations or warranties about the training or skill of any clinicians who provide consultations via the Services.

You agree to defend, indemnify and hold harmless DialCare and its affiliates and each of their officers, directors, employees, agents, and representatives, from and against any and all claims and demands of every kind and nature asserted by a third party, whether groundless or otherwise, including, but not limited to, any and all actions, causes of action, suits, judgments, controversies, losses, damages, costs, liens, charges, court costs, reasonable attorney's fees, payments, penalties, liabilities and expenses, occasioned by, resulting from, arising out of, related to, or in connection with any act or omission by you, including, but not limited to, your failure to comply with these Terms and Conditions.

Limitation of Liability: EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:

DIALCARE SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE PROVIDERS OR CLINICIANS.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE PARTIES AND THEIR SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. DIALCARE DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY THIRD PARTY LOCAL EXCHANGE AND LONG-DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF THE PARTIES AND THEIR SUPPLIERS. ACCORDINGLY, DIALCARE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SERVICES.

IN NO EVENT SHALL DIALCARE NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIALCARE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRCUTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A PARTY IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT DIALCARE'S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

Dispute Resolution: DialCare customer service will work diligently to resolve all issues with the Services. You agree that all disputes related to the Services and use of or access to the platform will be governed by the laws of the state of Texas, without regard to its conflicts of laws rules and all claims shall be brought exclusively in the state or federal courts in Collin County, Texas. You waive any objections to jurisdiction or venue.

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

Complaint Procedure: If you would like to file a complaint, you must submit your complaint in writing to: DialCare, P.O. Box 2568, Frisco, TX 75034.

General: You understand that from time to time you may be asked to complete subscriber satisfaction surveys. DialCare or its software provider, vendors and agents may analyze information submitted via these surveys as part of descriptive (demographic) studies and reports. In such cases all of your personal identifying information will be removed.

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

You understand that no delay or omission in exercising any right or remedy identified herein shall constitute a waiver of such right or remedy and shall not be construed as a bar to or a waiver of any such right or remedy on any other occasion.

DialCare and its authorized agents and you agree to comply with all applicable laws and regulations of governmental bodies or agencies in performance of our respective obligations under this Agreement.