This Subscription Agreement, including all terms and conditions herein is between you (also "Subscriber" and "Account Owner" herein) and E-Hospital Services Inc (Herein referred to as EHOSP).
Terms & Conditions
Ongoing Subscription. Your EHOSP subscription, will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the services. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
Differing Subscriptions. We may offer a number of subscription plans with differing conditions and limitations. Any materially different terms from those described in this Subscription Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with EHOSP by visiting our website or logging in to our App and clicking on the "My Account" link. Some features of our subscription are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
Recurring Billing. By starting your EHOSP subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the EHOSP service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. We also reserve the right to adjust pricing for our service at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Subscription Agreement, any price changes to your service will take effect following email notice to you.
Billing Cycle. The subscription for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We will automatically bill your Payment Method each month on the date corresponding to the commencement of your subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate
As used in this Subscription Agreement, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available your dashboard of EHOSP website or mobile application. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your EHOSP subscription at any time, and you will continue to have access to the EHOSP service through the end of your monthly billing period. To cancel, go to the "My Account" page on your dashboard from the website our mobile application and follow the instructions for cancellation
You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the EHOSP. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian who will be the owner of the account and will add family members or those under his/her guardianship subject to this Subscription Agreement.
The EHOSP service, and any content viewed through our service, are for your personal and non-commercial use only. During your EHOSP subscription, we grant you a limited, non-exclusive, non-transferable, license to access the EHOSP services including access to all features and resource material on our website and mobile application as well as access to book in-person appointments, chat and video consultations.
You agree to use EHOSP service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of this Subscription Agreement or (ii) engaged in illegal or improper use of the service.
Passwords & Account Access
The subscriber who created the EHOSP account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the EHOSP account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
Disclaimers of Warranties and Limitations on Liability
E-HOSPITAL SERVICES INC AND ALL CONTENT, RESOURCES AND PLATFORMS ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EHOSP SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EHOSP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EHOSP SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, EHOSP READY DEVICES, AND EHOSP SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EHOSP, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THIS SUBSCRIPTION AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of this Subscription Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Copyright. E-Hospital Services Inc, including all content provided on the website and mobile application, is protected by copyright, trade secret or other intellectual property laws and treaties.
Trademarks. E-Hospital Services Inc is a registered trademark.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the EHOSP service, please notify us by emailing email@example.com
Governing Law. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit EHOSP website or call us at 955-595-EDOC. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through our website which will have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between this Subscription Agreement and information provided by Customer Support or other portions of our website, this Subscription Agreement will control.
If you are a EHOSP subscriber in the United States (including its possessions and territories), you and EHOSP agree that any dispute, claim or controversy arising out of or relating in any way to EHOSP, this Subscription Agreement and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You understand and acknowledge that, by agreeing to this Subscription Agreement, the U.S. Federal Arbitration Act and the rules of the American Arbitration Association shall govern the interpretation and enforcement of this provision, and that you and EHOSP are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Subscription Agreement and the termination of your EHOSP subscription.
If you elect to seek arbitration or file a small claim court action, you must first send to EHOSP, by certified mail, a written Notice of your claim ("Notice"). The Notice to EHOSP must be addressed to: 7447 Harwin Dr, Ste 288, Houston, TX 77036 ("Notice Address"). If EHOSP initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by EHOSP, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If EHOSP and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or EHOSP may commence an arbitration proceeding or file a claim in small claims court.
YOU AND EHOSP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS SUBSCRIBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EHOSP agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
EHOSP is committed to protecting your personal information.
All non public, personal information captured on this web site is kept private and confidential. Information is not disseminated to non approved third parties.
What We Collect
When you register with us, we collect selected limited information. First, the site collects contact information such as your name, e-mail address, mailing address, and phone and fax numbers. Second, the site collects information about the type of work you do (i.e. advertising, marketing research, student, etc.) and your marketing responsibilities.
How We Use the Information
We use your information to provide you with a better experience at our website & mobile application.
We use information collected during registration to verify that you have the rights to access EHOSP subscriber only content, and that you qualify for various EHOSP subscriber features, promotions and other benefits.
Use of your IP Address
We may use your IP address to help diagnose problems with our server, and to administer our website. We may also request you to turn on your location capabilities to better assist you when you search our database of physicians to allow you to search for them near your location.
Site Monitoring & Maintenance
We use your registration information to measure the user traffic of various sections of the site. This information is used on an aggregate level only, and the site does not record the specific content viewed by any individual user.
We offer a wide variety of products and services which may be offered either directly, through an affiliate acting on our behalf, or by third parties to whom we have established links from our website to make their products and services available to you.
Your personal information collected during site registration or when you sign up for our subscription will not be sold to third parties for e-mail marketing or telemarketing campaigns.
When you view our website we might store some information on your computer. This information will be in the form of a "cookie" or similar file. Cookies are small pieces of information, collected by a web browser and stored on your hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a website more easily.
The website and mobile application may make public chat rooms, forums, message boards, and/or news groups available to you from time to time. We may impose separate terms and conditions regarding content and activity at such public areas. Further, we may monitor and/or edit posts to those areas. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding whether to disclose any personal information.
This website has industry standard security measures in place to protect the loss, misuse, and alteration of the information under our control. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to insure the safety of your personal information.
E-Mail Communications from (EHOSP)
We offer educational programs and events that may be of use to patients to see latest research, and other health related advice, tips, articles etc.
For our email communications, registered users and other EHOSP customers may opt out at any time by sending a written request to EHOSP management. This may not allow a user to opt out of receiving transactional e-mail, such as registration confirmation, product, service, or subscription benefit updates, and responses to direct requests.
Additionally, EHOSP members and website registered users will not be able to opt out of receiving e-mail communications or change their preferences via "My account" located on the EHOSP website or on their mobile application until the request is approved by the EHOSP Management.
Changes to subscription preferences will be updated immediately, but it may take up to 14 days for the changes to be active, during which time EHOSP members, site registrants, and customers may still receive emails.
In the United States, or any other jurisdictions where they may apply, the following additional disclaimer of warranty and limitation of liability are hereby incorporated into the terms and conditions of GPL: No warranties of any kind whatsoever are made as to the results that You will obtain from relying upon the covered code (or any information or content obtained by way of the covered code), including but not limited to compliance with privacy laws or regulations or clinical care industry standards and protocols. Use of the covered code is not a substitute for a health care provider's standard practice or professional judgment. Any decision with regard to the appropriateness of treatment, or the validity or reliability of information or content made available by the covered code, is the sole responsibility of the health care provider. Consequently, it is incumbent upon each health care provider to verify all medical history and treatment plans with each patient. Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted by the license, be liable to You for any indirect, special, incidental, consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, of any nature whatsoever (direct or otherwise) on account of or associated with the use or inability to use the covered content (including, without limitation, the use of information or content made available by the covered code, all documentation associated therewith, and the failure of the covered code to comply with privacy laws and regulations or clinical care industry standards and protocols), even if such party shall have been informed of the possibility of such damages.