Terms and Conditions

American Ecare Terms and Conditions

AMERICAN ECARE services is intended to be a value added digital medical service tool, easily accessible for a defined set of common medical conditions. If at any time you are concerned about your care or the treatment prescribed through the Service, or you believe or someone else advises you that you have or suspect that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.

THE SERVICE AND CONTENT IS NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

The medical advice provided through the service is based on your personal health data as provided by you and the local standards of care for your presenting symptoms based on your use of the Service. Responses are provided by Medical Doctors, Nurse Practitioners or Physician Assistants working under contract with AMERICAN ECARE.

None of the information on this website represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.

Applicability

By accessing and using the website, or any portion of the website, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the website. If you do not agree with any of the Terms of Use, you are not authorized to access or use the website for any purpose.

Additional terms and conditions applicable to specific areas of the website or to particular transactions are also posted in particular areas of the website and, together with these general terms and conditions, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the website.

Use of the website

AMERICAN ECARE grants you permission to use the website for your personal, non-commercial purposes. Your use of the website is further limited as follows:

• You agree not to use the website for unlawful purposes, and you agree to comply with all applicable laws, rules and regulations while using the website.

• You agree not to use the website for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.

• You agree not to collect or use any information or other data available via the website inappropriately.

• You may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site or the Content (as defined in paragraph INTELECTUAL PROPERTY), except as specifically authorized in the Terms of Use, without AMERICAN ECARE written permission.

• You agree not to use the website to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

• You agree not to incorporate any code into the code of the website or to use the website to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use or operation of the website or any user of the website.

• You agree not to restrict or inhibit any other person from use of the website. You agree not to interfere with or disrupt the operation of the website or the servers or networks used to make the website available, or violate any requirements, procedures, policies or regulations of such networks.

• You agree not to use the website to harvest or collect personally identifiable information about users of the website.

• You agree not to use the website to disrespect or violate the privacy or views of others.

• You agree not to use the website to impersonate another person or supply false information about yourself or another person.

• You agree not to allow any other person or entity to use your identification to post or view comments, or to otherwise access or use the website.

• You agree not to post material on the website that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.

User Representation.

You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to these Terms of Use and to use this website in accordance with these Terms of Use.

You represent and warrant that any information you provide in using the Services or the website will be truthful, honest and complete and will not contain any inaccuracies, including but not limited to any inaccuracies resulting from the omission of relevant information.

By completing an AMERICAN ECARE transaction you are consenting to truthfully completing questions to the best of your knowledge and ability. If you do not know the answer or how to answer a question (or if you do not understand what is being asked) stop using the service and immediately contact support team.

Changes in Terms of Use.

AMERICAN ECARE reserves the right to modify these Terms of Use at any time. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

Registered Users.

If you meet the eligibility requirements as established by AMERICAN ECARE you may sign up to become a registered user of the services provided through the website. Both user name and a password shall be necessary used to access the services through the website. The password provides vital security in preventing unauthorized access to your user data, health information, confidential information and account. Choosing a password at least seven characters in length, containing alpha (both upper and lower case) and numeric characters, and incorporating one or more special characters (! @ # $ % & * and the like) significantly increases the password's security. You are responsible for selecting a secure password. You should never allow anyone to access your account on your behalf or give anyone your password. You are responsible for keeping and maintaining the security of your password. AMERICAN ECARE shall have no responsibility for unauthorized access to your account or the information in that account that results from your failure to select and keep secure your password.

You may choose to add an adult or legal dependent to your account (such as a parent, spouse, family member or other acquaintance). By adding this person to your personal account, you are also agreeing to allow this person access to any of your medical records accessible through AMERICAN ECARE. By utilizing this account, the dependent account holder is also agreeing to allow you access to all of their medical records accessible through AMERICAN ECARE.

Any opinions expressed on the website are the opinions of the individual author, not of AMERICAN ECARE.

This website may contain health information or medical-related materials that include images or descriptions of human anatomy. If you find these materials offensive, you may not want to use the website.

Intellectual Property.

The service, the website, and all information and/or content that you see, hear or otherwise experience on the website (collectively, "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to AMERICAN ECARE or its partners, affiliates, contributors or licensors. This protection includes the use of the trademark name "AMERICAN ECARE" and the AMERICAN ECARE logo. The use or misuse of the Content, except as provided in these Terms of Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited.

You may use the website, the service and the content solely for your personal, non-commercial use as follows: You may print copies of the information on the website for your personal use, store the files on your computer for personal use, or reference this server from your own documents. You may not otherwise copy, distribute or display any content without express written consent from AMERICAN ECARE. Subject to the limited license granted herein, AMERICAN ECARE reserves all right, title and interest in all Content. If any portion of the Terms of Use is violated, the limited license for your usage of this website is revoked, and all Content in your possession must be deleted or destroyed.

With the exception of the personal use described above, no content may be reverse-engineered, decompiled, disassembled, reproduced, retransmitted in any form or by any means (electrical, mechanical, photoreproduction, recordation or otherwise), stored in a retrieval system, translated into a computer language or other language, transcribed, resold, or redistributed without prior express written consent by AMERICAN ECARE.

Disclaimer of Warranties.

YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE SERVICE AND THE CONTENT. AMERICAN ECARE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. AMERICAN ECARE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE WEBSITE, THE SERVICE, AND THE CONTENT. AMERICAN ECARE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. AMERICAN ECARE DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

You understand and agree that under no circumstances will AMERICAN ECARE be liable for any damages whatsoever, including, but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of the use of or inability to use the website, the service, or the content, even if AMERICAN ECARE has been advised of the possibility of such damages.

If you are dissatisfied with the website, the service, the content, or the terms of use, your sole and exclusive remedy is to discontinue using the website.

You acknowledge, by your use of the website, that your use of the website is at your sole risk. AMERICAN ECARE is not liable to any user or person for any decision made or action taken in reliance upon information or content displayed or provided in the website.

AMERICAN ECARE is not liable to any user or person for any harm caused by the negligence or misconduct of a provider selected on the website.

Because some States do not allow the exclusion or limitation of liability for consequential or incidental damage, some of the above limitation may not apply to you. In such States, American Ecare liability is limited and warranties are excluded to the greatest extent permitted by law and shall, in no event, exceed $1,000.00. Any claim arising from the usage of the website or content must be brought within one (1) year of the event form which the claim arose.

Indemnification.

You understand and agree that you are personally responsible for your behavior on the website and for your use of the content. You agree to indemnify, defend and hold harmless AMERICAN ECARE, its subsidiaries, affiliated companies, joint ventures, business partners, providers, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use of or inability to use the website, the service, or the content, any violation by you of these Terms of Use, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the website or Service through your user account.

Errors and Inaccuracies.

The information in the website including, but not limited to, information regarding pricing, may contain typographical errors or other errors or inaccuracies and may not be complete or current. AMERICAN ECARE reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. AMERICAN ECARE does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. AMERICAN ECARE reserves the right to refuse to fill any orders or provide services that are based on inaccurate or erroneous information on the website, including, without limitation, incorrect or out-of-date information regarding pricing, shipping, payment terms, or return policies, or for any other lawful reason.

Links to Third Party Sites.

As a convenience to Site users, AMERICAN ECARE may provide hypertext links to third party websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by AMERICAN ECARE of the third party, the third-party website, or the information contained therein. You acknowledge and agree that AMERICAN ECARE is not responsible for the availability of any such web website, and that AMERICAN ECARE does not endorse or warrant, and is not responsible or liable for, any such website, its content, its privacy policy or practices, or the acts or omissions of its operators.

Advertisements.

AMERICAN ECARE may display advertisements from third parties on this website. Such advertisements do not constitute or imply an endorsement, sponsorship, or recommendation by AMERICAN ECARE of the third party, the third-party advertisement, or the information contained therein. You acknowledge and agree that AMERICAN ECARE is not responsible for the availability of any product, service, web site, or anything displayed in the advertisement, and that AMERICAN ECARE does not endorse or warrant, and is not responsible or liable for, any such advertisement, its content, or the privacy policy, practices, and acts or omissions of the third party associated with the advertisement.

Geographic Limitations on Use.

Like most Internet websites, this website is accessible worldwide. However, not all products or services are available to all persons or in all geographic locations. AMERICAN ECARE reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. Any product or service identified on the website is only available where AMERICAN ECARE, or any other entity offering the goods or services on the website, is licensed or authorized to do business. Please consult AMERICAN ECARE directly for information regarding the products and services that may be available to you in your area or State. The website is not intended for use outside the United States of America. You agree to comply with all applicable laws and local rules or restrictions relating to the Site.

Registration and Account-Holder Obligations.

Users of this website may choose to set up an account to access certain functionality of the website. Users will be asked to supply personally identifiable information when opening an account. Failure to comply with these Terms of Use could result in the termination of the user's account.

User Supplied Material.

If you supply any comments, information or material via the website, you guarantee to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. You further agree that all information or material you supply to us through the website, including business information, ideas, concepts, or inventions, shall be deemed and shall remain our property, and you hereby assign to AMERICAN ECARE all right, title, and interest in and to any such information or material, without any restriction or obligation to you.

Choice of Law and Venue.

Any and all disputes relating to these Terms of Use, your use of the website, the service, or the content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of law's provisions. Any Dispute will be venued in a State or federal court situated in the State of New York, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. The operation of this website does not mean or imply that we are conducting business outside of the United States. If you access this website from outside the United States, you assume all risks and you are solely responsible for compliance with your jurisdiction's laws and requirements.

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. A waiver of any of the Terms and Conditions is not to be interpreted as a further or continuing waiver of that or any other term or condition.

Collection and Use of Personal Information

We may collect the following personal information from you:

• Contact Information such as name, email address, mailing address, phone number

• Social Security Number

• Demographic information such as age, education, sex, and zip code

• Billing Information such as credit card number, expiration date and CVV code, and billing address.

• Medical history.

• Allergies

• Your current symptoms.

• Health or Medical Information, such as prescription information As is true of most websites, we automatically gather information about Your computer or mobile device such as Your IP address, browser type, referring/exit pages, and operating system.

We use this information to:

• Fulfill your order by providing you a healthcare service

. • Sending you notification about your request update, prescription, follow-up and other services that AMERICAN ECARE may provide you.

• Send you an order confirmation.

• Respond to customer service requests.

• Mange your account.

Your information is ONLY shared with the doctor treating you and authorized staff/third parties.

Information Obtained from Third Parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us or to send you request or invitation.

Groups, network groups, employers may send us your contact information to benefits some AMERICAN ECARE telemedicine privileges or discounts. We may send you invitation to join our network.

You may refer Groups, network groups, employers to join our telemedicine network. We will process any personal information based on our term of use and privacy policy

Dependents

Reports created for other adults or legal dependents that you elect to add to your account are only accessible through the primary account holder’s email address and password. Minors are not allowed to complete a visit without parental presence and help. By adding a dependent to your personal account, you are also agreeing to allow this person to access any of your medical records accessible through AMERICAN ECARE website. The dependent account holder is also agreeing to allow you access to all of their medical records accessible through AMERICAN ECARE website.

Information Sharing

We will share Your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties.

We may provide your personal information to companies that provide services to help us with our business activities such as processing your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also disclose your personal information:

• As required by law such as to comply with a subpoena or similar legal process.

• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

• To any other third party with your prior consent to do so.

• To facilitate your or your dependents’ health care.

Cookies and Other Tracking

We use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the Site, track users’ movements around the website, and to gather demographic information about our user base, as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include personal information. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited.

We use Local Cache to store content information and preferences. Various browsers may offer their own management tools for removing browser cache.

Third Party E-Commerce Provider

Our payment processing is hosted by our e-commerce solutions provider. They host our payment processing system, and collect your billing information directly from you for the purpose of processing your visit. Our company does not use this information for any other purpose.

Fees and Purchase Terms.

As a service to users of this website, AMERICAN ECARE may request from your health plan or provider eligibility, coverage, benefit and related information on your behalf. Such requests do not include reviewing any prior authorization, referral, or medical necessity requirements.AMERICAN ECARE does not engage in utilization review. Users should consult their primary care physician to address such requirements. You agree AMERICAN ECARE may pass your personally identifiable information to such individuals or organizations in connection with such a request. You also agree to sign an authorization allowing AMERICAN ECARE to give these people information about you and telling these people to give AMERICAN ECARE information about you. This authorization is displayed on the Website.

You may be responsible for providing a valid credit card number, expiration date, and card security code from the back of the card at the time you purchase a product, service or schedule an appointment. You may be charged a fee if you fail to attend or cancel an appointment in accordance with any Stated cancellation policy.

You agree that AMERICAN ECARE is authorized to immediately invoice your account for all fees and charges due and payable to AMERICAN ECARE hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with AMERICAN ECARE to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with AMERICAN ECARE, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.

You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your purchase of the products or services on this website at the charges then in effect, including any unauthorized charges incurred prior to your notifying AMERICAN ECARE of such charges. You agree that AMERICAN ECARE may provide your credit card information and related personal information to its designated service provider(s) or the vendor or provider offering goods and services for their use in charging you for appropriate products, services or cancellation fees incurred through your use of this website. AMERICAN ECARE reserves the right to modify prices, fees, or institute new charges at any time. You understand that products or services may not be provided or appointments cancelled if the credit card information you provide is inaccurate or invalid.

If you do not have insurance coverage for services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. AMERICAN ECARE offers no guarantee that you shall receive any such reimbursement. AMERICAN ECARE reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use.

You understand and agree that for services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payer would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.

Website Links

AMERICAN ECARE will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of the such information, software or links, nor for the acts or omissions of any such websites or their respective operators

Links to Other Web Sites

We may include in our Website links to other Websites whose privacy practices may differ from AMERICAN ECARE policy. If you submit personal information to any of those sites, Your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

Security

Email, text messages, Internet transactions or other electronic communications between you and AMERICAN ECARE may not be secure. While certain communications are performed through a Secure Sockets Layer (SSL) connection, not all communications between you and AMERICAN ECARE are encrypted. AMERICAN ECARE is not responsible for any interception or disclosure of personal information that may occur as the result of any electronic communications in using the services. Please consider these facts before sending AMERICAN ECARE any personal or confidential information or utilizing the services which may result in personal or confidential information being transmitted by AMERICAN ECARE to you. AMERICAN ECARE may monitor, record, collect and use for any lawful purpose information generated through your use of the website. AMERICAN ECARE ' collection and use of such information is described in AMERICAN ECARE ' Privacy Statement. Your obligations under these Terms of Use are in no way conditioned on AMERICAN ECARE ' compliance with the terms of the Privacy Statement.

If you have any questions about security on our Web site, you can contact us atsupport@Americanecare.com.

Additional Policy Information

Our website includes Widgets, which are interactive mini-programs that run on our site to provide specific services from another company (e.g. displaying the news, opinions, music, billing etc.).

Cookies may also be set by the widget to enable it to function properly. Information collected by this widget is governed by the privacy policy of the company that created it.

Updating Personal Information

You may update or delete your personal information by making the change on your Profile Settings page.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Notification of Terms of Services Changes

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or in your profile. We enFcourageyou to periodically review this page for the latest information on our privacy practices.

Notification: Email and Text Messages

To keep you updated and communicate with you before, during the doctor visit and after the visit, you must provide AMERICAN ECARE your email address and phone number when creating an account so we can notify you when the doctor will contact you. If you elect to receive a text message, we share your phone number with a third-party vendor that sends text messages. We share no health or demographic data with this company.

Patient visit via video conference or phone conference

The Patient may select if he or she want proceeds the visit via video conference or phone conference. However. We to use a visit via video conference if your State Law require it.

American Ecare is a friendly doctor-patient network providing professional healthcare services via videoconference. Our main goal is to make healthcare most convenient to patient by bringing a doctor to your house via our virtual platform.

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3 Computer Drive West,
Suit 107, Albany, NY 12205