1. Responsibility for Minors.
Unless otherwise specified, this Site may only be used by individuals who are over the age of majority or by a minor who is 16 years old or older in cases where the minor’s parent or legal guardian has authorized the minor to use the Site, in which case the parent or legal guardian accepts full responsibility for:
(i) the online conduct of such minor;
(ii) controlling the minor’s access to and use of the Site; and
(iii) the consequences of any misuse by the minor and all of the other terms and conditions of this Agreement and further agrees to indemnify and hold harmless InQuicker from and against any claims, demands or liabilities arising out of the minor’s use of this Site.
The Site and all of its information and contents, such as text, data, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials and Content“), is the property of InQuicker and its licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Site and its services are either trademarks of InQuicker or trademarks which InQuicker is licensed to use.
3. Permitted and Prohibited Uses.
The content and information on this Site (including, but not limited to, projected wait times at participating hospitals), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your projected treatment confirmation (and related documents) for treatment times confirmed through this Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site.
Additionally, you agree not to:
- use this Site or its contents for any commercial purpose;
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.
As a condition of your use of this Site, you warrant that we may contact you via automated phone, text, and/or email for appointment bookings, appointment changes, or any other message relating to your booking. As well as surveys, appointment reminders, preventative care outreach, health education, or other health-related benefits and services that we feel may be of interest to you.
InQuicker shall be entitled to terminate your permission to use the Site and/or shall be entitled to terminate the operation of the Site at any time, without notice. InQuicker may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Site or any part of it or any of its Services at any time, for any reason, without any notice or liability to you or any other person.
The Site offers a platform to facilitate the scheduling of online appointments between you and healthcare providers who make their services, classes, and other schedulable events available through InQuicker.
InQuicker does not provide medical advice. You should not rely on the information provided on the Site as a substitute or replacement for, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a healthcare professional because of something you may have read on the Site. Information provided on the Site is used solely at your own risk. Nothing stated or posted on the site or available through any services are intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
THE SITE, SERVICES AND THE MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE). INQUICKER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE SERVICES, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INQUICKER DOES NOT WARRANT THAT THE SITE OR THE SERVICES OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. INQUICKER MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE INCLUDING SERVICES, CLASSES AND OTHER SCHEDULABLE EVENTS SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
7. EXCLUSION OF LIABILITY.
NEITHER INQUICKER NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY INQUICKER OR ANY PERSON FOR WHOM INQUICKER IS RESPONSIBLE EVEN IF INQUICKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
8. EXCLUSIVE REMEDY.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF INQUICKER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE SHALL BE $100.
The Site is only a venue for scheduling appointments between you and a healthcare provider. In the event that you have a dispute arising from your interaction with a healthcare provider, you release InQuicker and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You agree to indemnify, defend, and hold harmless InQuicker, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) any violation of these terms and conditions, (b) any allegation that any information or material submitted by you to InQuicker violates any intellectual property, proprietary, contract, or other right of any third party, or (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
11. Entire Agreement.
If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
13. Amendments and Waivers.
No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
14. Applicable Law.
16. Digital Millennium Copyright Act
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512(c)(3)) to our copyright agent at DMCA@inquicker.com.
17. Emergency Medical Treatment and Labor Act (“EMTALA”)
By using the InQuicker Site, you acknowledge that you understand agree to the following:
EMTALA is a complex federal law that imposes specific legal obligations on Medicare- participating hospitals that offer emergency services. User should consult private legal counsel for a full interpretation. Very generally speaking, for individuals who “come to the emergency department” and a request is made for (or there is an apparent need for) emergency treatment, the hospital must provide a medical screening examination to determine whether an emergency medical condition exists, regardless of the individual’s ability to pay. (As defined by EMTALA, “Comes to Emergency Department” includes coming to the hospital campus (or urgent care center in some cases).) If an emergency medical condition exists, then the hospital is required to provide stabilizing treatment for the individual. If the hospital is unable to stabilize an individual within the hospital’s capability (or if the individual requests), an appropriate transfer to another hospital must be made. Stabilizing treatment cannot be delayed to request the individual’s payment or payment or insurance information.
This Site is not part of the EMTALA screening process. User acknowledges that their use of the InQuicker Site is not the same as an individual “Coming to the Emergency Department” for EMTALA purposes and that, by use of the Site, neither User nor any person on whose behalf User is using the Site, will be deemed to have presented in person or physically to the hospital property or Emergency Department (or urgent care center in some cases) for EMTALA purposes. This Site is not a registration site for the hospital or Emergency Department (or urgent care center in some cases) and will not be monitored by the hospital staff/ physicians for triage purposes. This Site is not to be used by emergent/urgent patients. This Site is not considered property of the hospital or urgent care center or an online waiting room of the hospital or urgent care center. User acknowledges that the hospital’s EMTALA obligations (if any) will not begin until the User or the person on whose behalf User is using the Site physically presents to hospital property or to the hospital’s Emergency Department (or in some cases, the urgent care center).
User understands that the individual will be screened upon physical presentation to Emergency Department (or urgent care, in some cases) and will be treated based on the severity of the illness. This Site is meant to help reduce wait times by providing the individual with a projected best time to check in, but we do not guarantee that the individual will not have to wait longer if patients with more severe needs require more immediate attention.
User understands and agrees that the use of this Site does not create a physician – patient relationship with any healthcare provider. This Site is provided for the convenience of the individual only.
Participating hospitals and urgent care centers on the InQuicker Site may or may not be subject to EMTALA. User should confirm individual hospital’s and urgent care center’s EMTALA obligations with the individual hospital and urgent care center. User agrees that InQuicker is not subject to EMTALA enforcement, and User will not pursue a private right of action against InQuicker for any EMTALA violation or malpractice by any hospital, urgent care center or healthcare provider.
User should not delay seeking emergency care due to delayed projected -treatment times. User should call 911 in the event of an emergency