DispatchHealth Management, LLC (www.dispatchhealth.com)
Effective Date April 26, 2019
Updated: August 30, 2023
DO NOT USE OUR WEBSITE TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
DispatchHealth Management, LLC, and its affiliates, predecessors, successors, licensors, and/or beneficiaries (collectively, “DispatchHealth,” “we,” “us” or “our”) welcome you to use our Website including, in all cases, all services or offerings that may be made available through this website (“Website”). By receiving services through thee our Website (the “Medical Services”) and/or by receiving a referral for Medical Services, you agree to be bound by the terms of service set out below (the “Agreement”).I f you disclose to us any information relating to receiving a referral for Medical Services for other people in connection with the Website, you represent that you have the authority to do so and to permit us to use such information in accordance with the Agreement. Please read the Agreement carefully before accessing or using the Websitee. If you do not agree to all of the terms of this Agreement, do not access the Website or use the Medical Services. DispatchHealth may revise and update this Agreement at any time. Your continued use of the Website will mean you accept the revised or updated Agreement.
IMPORTANT MEDICAL NOTICES AND DISCLAIMERS.
BY USING THE WEBSITE OR OUR MEDICAL SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT DISPATCHHEALTH IS NOT A HOSPITAL OR EMERGENCY ROOM DEPARTMENT.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH THE DISPATCHHEALTH WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS WEBSITE TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.
Although our Health Care Professionals are licensed and qualified to provide you with the Medical Services, please consult with your regular licensed health care provider as necessary before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.
Our Services; Registration and Accounts.
Congratulations on your decision to experience our innovative approach to healthcare. DispatchHealth provides right-sized mobile onsite treatment for simple to complex non-emergency medical cases through the power of technology, convenience, and service. Our skilled and licensed clinicians (“Health Care Professionals”) who have significant experience evaluating injuries and illness arrive with the tools necessary to provide advanced non-emergency medical care at your door and on demand.
When you access our Medical Services through our Website, your location will be determined based on the information you provide us. A DispatchHealth representative will then contact you by telephone. After the telephone consultation, a Health Care Professional (if available) will be dispatched to your location (in-home consultation); provided, however, that the Health Care Professional may, in his or her best medical judgment, based on information received through the Website, during the telephone consultation or in-home consultation, determine that he or she is unable to provide treatment. We cannot guarantee that a Health Care Professional will be available to perform the Medical Services.
If you are using the Website for Medical Services to a minor, you must be available during the Health Care Professional’s visit with the minor, you are responsible for payment for the Medical Services provided the minor, and are assuming the obligations of this Agreement as they relate to the minor.
In order to use certain features of the Website you may be required to sign up and create a user account with DispatchHealth (“Account”). By providing your telephone number, you acknowledge and agree that DispatchHealth may leave voicemails or send text messages requesting a callback regarding your request for Medical Services or confirming that a Health Care Professional is on the way to your location for your appointment at any mobile device number provided by you, unless you communicate otherwise to DispatchHealth in writing.
Data Privacy and Security
We respect your privacy. When you use our Website or request Medical Services, we may collect certain information about you, including personal information like your name, address, email address, telephone number, payment information, primary care provider (if you have one), and/or insurance information (“Personal Information”).
Our Website Privacy Notice can be found here and explains how we collect, use, process, and protect the security of your Personal Information when you use the Website.
When you request or utilize our Medical Services, we will collect certain Personal Information that may be considered Protected Health Information (“PHI”). Our HIPAA Notice of Privacy Practices can be found here and explains how we collect, use, and disclose your PHI and other important information about the rights you may have as a patient.
DispatchHealth uses reasonable and appropriate industry-standard technical, physical, and administrative safeguards to secure your Personal Information (including PHI) and that of any minor for whom you are responsible, in accordance with applicable law and DispatchHealth’s Privacy Policies.
Your Use of the Website
It is imperative that you provide accurate and truthful information about your identity and your health and physical condition during the registration process. By submitting the information request to book a visit with Us or, if possible, to create an Account, you represent and warrant to DispatchHealth that all of the information you provide during this process is true and correct. You acknowledge and agree that we are entitled at all times to verify the information provided. You agree to provide us with whatever proof of identity we may request to verify your identity and/or eligibility for Medical Services. You will only use the Website or its content for your sole, personal use and you will not resell them to a third party. DispatchHealth reserves the right to refuse or cancel your Account or your use of the Medical Services at any time, with or without notice, and for any reason, or no reason at all.
By accessing the Website you further agree that:
You will not copy or distribute the Website content or other DispatchHealth content;
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party or that could be characterized as “medical advice”;
You will not use the Website for any purpose in violation of local, state, federal or international laws;
You will not use the Website as a means to distribute advertising or other unsolicited material to any third party;
You will not impersonate another person;
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
You will comply with all applicable third party terms of agreement when using the Website;
You will ensure that no unauthorized person shall have access to your DispatchHealth passwords or Accounts;
You will promptly notify us in the event your DispatchHealth passwords or Accounts have been compromised;
You will not assign or otherwise transfer your Account to any other person or entity;
You will not stalk, bully, track, or otherwise harass another user of our Website or any of our employees, or Health Care Professionals;
You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
You will not engage in activities that aim to render the Website or associated services inoperable or to make their use more difficult; and
You will not submit inaccurate, incomplete, or out-of-date information via the Website, commit fraud or falsify information in connection with your use of the Website or the Medical Services.
You agree to abide by the Terms and Conditions applicable to the use of DispatchHealth’s Patient Accounts. We reserve the right to immediately terminate your use of the Website and or Account should you fail to comply with any of the foregoing rules.
You must be 18 years of age or older to use the Website and any services provided through the Website. You understand that there may be no Health Care Professionals available in your area and we cannot guarantee that Health Care Professionals will be available to provide Medical Services in your area. If you are requesting Medical Services for a minor, you must verify that you are the parent, guardian or other adult responsible for the minor. By requesting the Medical Services through the Website, you represent that you are: (i) at least 18 years of age (or the age of majority in your jurisdiction), or (ii) the parent, guardian or other adult responsible for a minor or adult-patient who is otherwise unable to consent for themselves.
You must notify us immediately of any change in your eligibility to use the Medical Services or the associated services provided by the Website, including any changes to your medical condition or physical fitness, breach of security, or unauthorized use of your Account with DispatchHealth.
There is no charge to use the Website. You are charged only when you actually access and use the Medical Services by scheduling an in-home consultation with one of our Health Care Professionals. We reserve the right to charge a fee in the future for creating an Account with us. If we decide to implement such a fee, we will inform you accordingly and allow you to either continue or terminate your Account.
We also reserve the right to charge a reasonable fee for any cancelled appointment or cancelled in-home consultation.
The cost of the Medical Services provided by our Health Care Professionals varies and is determined based on the complexity of the medical care provided, procedures and lab services performed, and supplies required. DispatchHealth will bill you or your insurance carrier (as applicable) for the Medical Services you receive in accordance with the Consent for Treatment Form, which will be presented to you prior to the provision of Medical Services. Your signed Consent for Treatment Form is expressly incorporated into this Agreement by reference. You are solely responsible for the full cost of the Medical Services.
Modifications to, or Discontinuation of, the Website
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any portion thereof.
You are responsible for maintaining the confidentiality of your Account username and password and you are fully responsible for all activities that occur using your Account. You shall immediately notify us of any unauthorized use of your username or password, Account, or any other breach of security. DispatchHealth will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your Account from a public or shared computer or using unencrypted email to discuss private matters or share PHI with any Health Care Professional, so that others are not able to view, record or intercept your password or other Personal Information. You have been informed of the risks of transmitting your Personal Information through unsecured means. See the Privacy and Security Section above for more information.
License and Limitations on Use
The Website, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through and/or comprising the Website (the “Proprietary Materials”) are the sole property of DispatchHealth or of our licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by DispatchHealth. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way; (ii) modify or make derivative works based upon the Website; (iii) reverse engineer or access the Website in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Website, or (c) copy any ideas, features, functions or graphics of the Website.
You agree not to post any content from the Website to weblogs, news groups, mail lists or electronic bulletin boards, without our prior written consent. You may establish a hypertext link to our Website so long as the link does not state or imply any sponsorship of your website or application by us. However, you may not, without our prior written consent, frame or inline link any of the content of our Website or incorporate into another website or other applications any of our material, content or intellectual property. Any use of the Website not expressly permitted by this Agreement is a breach of the Agreement and may violate copyright, trademark and other applicable laws.
Intellectual Property Ownership
DispatchHealth alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Proprietary Materials, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Proprietary Materials shall be owned solely and exclusively by DispatchHealth, and/or, as applicable, DispatchHealth’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to DispatchHealth any and all of your rights, title or interests in the Proprietary Materials or any modification to or derivative work of the Proprietary Materials. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Website.
This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Proprietary Materials, or any intellectual property rights owned by DispatchHealth or its licensors. DispatchHealth’s name, logo and the product names and logos associated with the Website are trademarks of DispatchHealth, its affiliated companies or third parties, and no right or license is granted to you to use them.
The DispatchHealth name, DispatchHealth logo and all related names, logos, product and service names, designs and slogans are trademarks of DispatchHealth or its affiliates or licensors. You must not use such marks without the prior written permission of DispatchHealth. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. In addition, the Website may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
Notice for Claims of Copyright Violations
If you are a copyright owner who believes your copyright material has been copied and posted on our Website in a manner that constitutes copyright infringement, please inform our Office of General Counsel by sending written notice via email to email@example.com.
Please include the following information in your written notice:
a detailed description of the copyrighted work that is allegedly infringed upon;
a detailed description of where the allegedly infringing material is located on our Website
your contact information, including your address, telephone number, and email address;
a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any Account holder who infringes the copyrights or other intellectual property rights of others.
Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters can be found elsewhere on our Website.
Additional Services and Terms
Some of the Medical Services we offer may be subject to additional terms and conditions. Your use of such services is subject to those additional terms and conditions, which will be provided to you before the relevant Medical Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.
DISCLAIMERS OF WARRANTIES
YOU HEREBY AGREE TO THE USE OF OUR WEBSITE AT YOUR OWN RISK. DISPATCHHEALTH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE MEDICAL SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN THE MEDICAL SERVICES PROVIDED BY DISPATCHHEALTH OR THROUGH OUR WEBSITE.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF OUR WEBSITE, THE HEALTH CARE PROFESSIONALS AND THE CONTENT AND MEDICAL SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DISPATCHHEALTH SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY ACCESS TO OR USE OF THE WEBSITE OR MEDICAL SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
NEITHER DISPATCHHEALTH NOR ANY PERSON ASSOCIATED WITH THE DISPATCHHEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DISPATCHHEALTH NOR ANYONE ASSOCIATED WITH DISPATCHHEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN DISPATCHHEALTH’S LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You agree that you are solely responsible for maintaining Internet and/or network access and are responsible for any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. DISPATCHHEALTH MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE TELECOMMUNICATION SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT DISPATCHHEALTH, ITS AFFILIATES OR THEIR LICENSORS, HEALTH CARE PROFESSIONALS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL NOT BE LIABLE TO YOU OR ANY MINOR OR ADULT FOR WHOM YOU ARE RESPONSIBLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE, MEDICAL SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, MEDICAL SERVICES OR THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.,. IN NO EVENT SHALL DISPATCHHEALTH’S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND MEDICAL MALPRACTICE– OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO DISPATCHHEALTH. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, DISPATCHHEALTH’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Right to Use User-Provided Content
We may, in our sole discretion, permit you to post or submit content and other materials through the Website (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
You acknowledge that DispatchHealth only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Website through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
You agree to indemnify and hold harmless DispatchHealth, DispatchHealth’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Website by you or by others using your Account.
You agree to defend, indemnify, and to hold harmless DispatchHealth, DispatchHealth’s affiliates, and each of its and their respective officers, directors, managers, employees, shareholders, agents, representatives, licensors, successors and assigns, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (i) your use of our Website or your inability to use our Website; (ii) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (iii) any User-Provided Content posted or transmitted through the Website by you or by others using your Account; (iv) any bodily injury, death of any person or damage to real or tangible personal property caused by your acts or omissions, including without limitation, any negligent, reckless or willful misconduct; or (v) your failure to comply with any applicable federal, state or local laws, regulations in your use of the Website or the Medical Services. This indemnification section shall survive the termination of or cessation of your use of our Website or the Medical Services.
We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
Third Party Web Sites, Products and Services
DispatchHealth may from time to time provide automatic alerts and voluntary account-related alerts via email or SMS/text messages. Automatic alerts may be sent to you following certain changes to your Account or other necessary non-marketing information.
If you choose to have alerts sent to a mobile device that accepts SMS/text messages, you may be subject to your wireless carrier’s standard messaging and data rates, which you are solely responsible for such charges. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside of our control. All charges are billed by and payable to your wireless carrier.
You may opt-out of receiving certain alerts via SMS/text message at any time by following the instructions provided within the text communication. To opt-out of receiving email notifications you should follow the unsubscribe instructions in the email you receive. Please note that certain messages we send are necessary for the proper functioning and use of the Medical Services we provide and you may not have the ability to opt-out of these messages.
Governing Law and Choice of Forum
This Agreement contains the final and entire agreement between us regarding your use of our Website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments or modifications to this Agreement shall be valid unless in writing and signed by all parties. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone without DispatchHealth’s prior written approval. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Colorado, United States of America applicable to contracts made entirely within Colorado and wholly performed in Colorado, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Denver, Colorado.
This Agreement is not intended to benefit any third party and does not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of our Website, the Medical Services, or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
Assignments; No Waiver
DispatchHealth may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of DispatchHealth’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Promotions and Offers
Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers.
Participation in these promotions and offers is completely voluntary. Therefore, you have the choice to decline to participate in any promotion or offer where you are required to provide further information about yourself. DispatchHealth is not responsible for any unauthorized promotions and offers offered by third parties through the Website.
Have questions about our Terms of Service?