Through its Website and Platform, VirtuCare offers a self-pay, online telemedicine service (the “Service”) that, when clinically appropriate, lets men and women currently located in the states of Tennessee, Florida and Alabama (the “States Where We Operate”) get care from our medical team of licensed urologists. If, after a consultation, our medical team considers it appropriate, our physicians may order a prescription and/or lab tests as needed. Any prescription ordered by your VirtuCare physician will be sent to the pharmacy of your choice licensed in your state. Any tests ordered by your VirtuCare physician will be ordered electronically. It is your responsibility to follow through with completing these tests, obtaining the results, and reviewing the results with the VirtuCare provider and/or another medical provider that they choose. If you do not follow up on tests that are ordered by your VirtuCare Physician, it may affect the outcome of your medical care.
The Website and/or the Platform are myVirtuCare.com and https://callingdr.com/ and all associated subdomains. CallingDr is the platform that facilitates the VirtuCare services If you do not agree to these Terms and Conditions, you should not access the Website or Platform and if you have already accessed the Website or Platform, you should immediately cease any and all use of and access to the Website and Platform. You should print a copy of these Terms and Conditions for your records. By agreeing to the Terms and Conditions, you also agree to the Terms and Conditions as listed on the CallingDr platform, which are incorporated here by reference. The CallingDr Terms and Conditions may be accessed at https://callingdr.com/patient-terms-and-conditions.html and should be reviewed carefully prior to use of the Platform.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Modifications to these terms and conditions
You understand that VirtuCare may, in its sole discretion, without prior notice to you, amend these Terms and Conditions at any time. Should these Terms and Conditions change materially, VirtuCare will update the Effective Date stated on the Amended Terms and Conditions and post a notice regarding the updated Terms and Conditions on the Website. The Amended Terms and Conditions will also appear when you access the Website and Platform and by continuing to use the Website and Platform, you acknowledge your agreement to the Amended Terms and Conditions. If you do not agree to the terms of the Amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Website and Platform. Amended Terms and Conditions will be effective as of the Effective Date stated. By accessing or using the Website and the Platform after such changes are posted you agree and consent to all such changes.
Access to the Platform
User Accounts. When you register on the Website, you need to create an account (“Account”) by entering your name, email address, password, telephone number, physical address and certain other information we need to know in order to provide the Service. You may not transfer or share your Account password with anyone or create more than one Account. If you create more than one Account, this substantially limits our ability to provide appropriate care because we have no way of linking your various accounts and no way of knowing that previous accounts you set up relate to you. If you create more than one Account this increases the chances that you will experience serious adverse events from any medications you are prescribed. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password, go into ‘Account’ within the Website. We reserve the right to take any and all actions, as we deem necessary or reasonable, regarding the security of your Account. You may not use anyone else’s account at any time. Immediately notify VirtuCare of any unauthorized use of your user Account or of any other breach of security that you become aware of involving and relating to the Platform by email to help@myVirtuCare.com.
Your representations and warranties
The Services are limited to individuals who are at least eighteen (18) years old and by registering on the Website and Platform, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with VirtuCare, (iii) the information you have provided to VirtuCare in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Website and Platform, (v) you will not interfere with a third party’s use and enjoyment of the Website and Platform, (vi) you will not interfere with or disrupt VirtuCare’s or CallingDr’s security measures, (vii) if any information you provide to VirtuCare becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify VirtuCare, (viii) you acknowledge VirtuCare does not participate with any third party payors and the Services provided by VirtuCare are “self-pay” (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by VirtuCare or its representatives that any Services will be made available to you, and (x) you are accessing the Website and Platform for yourself.
If you violate these Terms and Conditions, your ability to use the Website and/or Platform will be terminated. VirtuCare may, in its sole discretion, terminate your access to the Website and/or Platform, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy VirtuCare may have available at law. Further, VirtuCare shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Website and Platform. Upon any termination of these Terms and Conditions you must immediately cease use of the Website and Platform. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
In using the Website and Platform, you agree not to:
Send or otherwise transmit to or through the Website and Platform any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website and Platform or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity, your age, address, or medical condition in any way;
Restrict or inhibit any person from using the Website and Platform, disclose personal information obtained from the Website and Platform or collect information about users of the Website and Platform;
Reverse engineer, disassemble or decompile any section or technology or translate any software on the Website and Platform or any component thereof, or attempt to do any of the foregoing;
Gain unauthorized access to the Website and Platform, to other users’ accounts, names, personally identifiable information or other information, or to other computers or Website connected or linked to the Website and Platform;
Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Website and Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through the Website and Platform chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
Violate any applicable laws or regulations in any way;
Alter or modify any part of the content or services offered on or through the Website and Platform;
Allow any other person to use the Platform with your registration or login information;
Breach or otherwise circumvent VirtuCare’s or CallingDr’s security or authentication measures; and
Assist or permit any persons in engaging in any of the activities described above.
Intellectual property rights and content
The Website and Platform and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and Platform and any related materials and documentation are owned or used under license by VirtuCare and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Website and Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or Platform except as generally and ordinarily permitted by VirtuCare according to these Terms and Conditions. You must not access or use for any commercial purposes any part of the Website or the Platform. No title or ownership of the Website and Platform or any portion thereof is transferred to you hereunder. VirtuCare reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website and/or Platform.
Certain names, logos, and other materials displayed on the Platform or Website may constitute trademarks, trade names, service marks or logos (“Marks”) of VirtuCare, PLLC or other entities. You are not authorized to use any such Marks without the express written permission of VirtuCare or the applicable owner entity. Ownership of all such Marks and the goodwill associated therewith remains with VirtuCare or the applicable entity.
You may provide input, comments or suggestions regarding the Website, Platform or VirtuCare (“Feedback”). You acknowledge and agree that VirtuCare may use any Feedback without any obligation to you and you hereby grant VirtuCare a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as VirtuCare may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
The Website and Platform may contain links to third-party Website. Linked sites are not under the control of VirtuCare, and VirtuCare is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that VirtuCare endorses, sponsors, or is affiliated with the linked site. Your use of third-party Website is at your own risk and subject to the terms and conditions of use for such sites; these Terms and Conditions do not apply to other Website. VirtuCare disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by VirtuCare. Any views expressed by third parties on the Website and Platform are solely the views of such third party and VirtuCare assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Indemnification and limitation of liability
You agree to defend, indemnify and hold VirtuCare, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a VirtuCare and collectively VirtuCare Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Website; and (c) provision of other disclosure to VirtuCare of any other information or data and the use of same by VirtuCare or other VirtuCare Parties as contemplated hereunder.
IN NO EVENT SHALL VIRTUCARE OR VIRTUCARE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR PLATFORM OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
To the extent that VirtuCare may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
VirtuCare shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond VirtuCare’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk and such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable under the circumstances.
The Website and Platform are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, VirtuCare disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. VirtuCare does not warrant that the Website and Platform will be uninterrupted or error-free, that defects will be corrected or that the Website and Platform or the server that makes it available are free of viruses or other harmful components.
VirtuCare makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platform for a particular purpose. VirtuCare assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or Platform. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Website and Platform are not intended for anyone under the age of eighteen (18). If you are under eighteen (18) years of age, please do not use or access the Website or Platform at any time or in any manner. By using the Website or Platform, you affirm that you are over the age of eighteen (18). VirtuCare does not seek through the Website or Platform to gather personal information from or about persons under the age of 18.
Choice of law and jurisdiction
These Terms and Conditions are governed by the laws of Tennessee. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Tennessee in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No delay or omission by VirtuCare to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by VirtuCare must be in writing and signed by an authorized representative of VirtuCare.
These Terms and Conditions constitute the entire agreement between you and VirtuCare as it relates to the access to, and use of, the Platform and Website and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between VirtuCare and you.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with VirtuCare’s prior written consent. VirtuCare may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
English shall be the language of these Terms and Conditions and the parties waive any right to use and rely upon any other language or translations.
Contact / Notices
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, VirtuCare under the Terms and Conditions, please contact VirtuCare using the following contact details:
8011 Brooks Chapel Road
Brentwood, TN 37027
VirtuCare may provide notices or communications to you on the Website and/or Platform and you agree that such notices shall constitute notice to you whether or not you actually access the notice.