Terms of Use

 

Terms of Service

Pager is an interactive mobile application (the “Application”) provided by

Pager, Inc. (“Pager”). Use of the Application and our website at

https://pager.com (collectively, the “Services”) is governed by the terms and

conditions of this Agreement. Although accessible by others, the Services

(which include content) are intended for access and use only by U.S.

customers. Please read these terms and conditions of use (the “Agreement”)

carefully before accessing or using the Services. Throughout this Agreement,

Pager is referred to as “we” or “us.”

General Terms and Conditions

By accessing or using the Services, you agree to bound by this Agreement as

posted and accessible through our Application or website at the time of your

access or use and to use the Services in accordance with the terms and

conditions of this Agreement, our Privacy Policy pager.com/privacy and any

additional terms and conditions that are referenced herein or that otherwise

may apply to specific features of the Services, or to products or services that

we make available to you through the Services (all of which are deemed part

of this Agreement). If you do not agree to the terms and conditions of use for

the Services as set forth in this Agreement, you may not use the Services.

The Web is an evolving medium. If we need to change the terms of this

Agreement in the future, we will post the revised Terms and Conditions of

Use through our Application or website and update the “Last Revised” date,

below, to reflect the date of the changes. You agree to review these Terms

and Conditions of Use each time you use the Services so that you are aware

of any modifications made to this Agreement. By continuing to access or use

the Services after we post such changes, you agree to the terms of this

Agreement, as modified.

What Service does Pager Provide?

Pager is designed to offer information and a means to enable you to obtain

telephonic and in-person consultations and treatment for common medical

conditions by facilitating the connection between you and nearby health care

professionals through the use of the Application. For the avoidance of doubt,

the capitalized word “Services” as used in this Agreement refers only to our

Application, website and related content and does not refer to the telephonic

and in-person consultations and treatment that users receive from health

care professionals.

How to Use the Application?

To use the Application, you first need to sign up with Pager. When signing up,

you are obligated to provide us with certain information, such as your name,

address, date of birth, credit card information and the name of your primary

care provider (if you have one). In the future, we may also require users to

provide insurance information. Upon successful completion of the sign up

process, we will provide you with a personal account, accessible for you with

a password of your choice.

You have to be 18 years of age or older and reside in a jurisdiction in which

we offer the Application to use the Application. If you reside in a jurisdiction

that restricts the use of the Application because of age, or restricts the ability

to enter into contracts such as this one due to age, you must abide by such

age limits and you must not use the Application. You represent that you are

of legal age to enter into a binding contract.

The Application is designed to enable you to send a request for non-

emergency medical consultation services to a health care professional. The

GPS receiver – which should be installed on the mobile device on which you

have downloaded the Application – detects your location. The Application

identifies to you healthcare professionals who have licensed the Application

from us and that have engaged us to perform related services. You will be

able to select a health care professional who you wish will perform

healthcare services you. After your selection, the Application then sends a

message to the professional you selected that asks the professional whether

he or she would like to provide you with the requested healthcare services. In

the event a health care professional agrees to provide you with healthcare

services, the Application schedules those services and bills you on behalf of

the healthcare professional. We make no representation or warranty to you

any health care professional will be available to perform health care services

PAGER IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, DOES NOT

PROVIDE MEDICAL SERVICES, AND IS NOT A HEALTH CARE

PROVIDER. THE HEALTH CARE PROFESSIONAL WITH WHICH YOU

ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE

FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A

TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE

PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH

MEDICAL SERVICES.

Your Use of the Services

You represent and warrant that the information you provide to us is accurate

and complete. You acknowledge and agree that we are entitled at all times to

verify the information provided and to deny your use of the Services at any

time for any reason or no reason.

You may only access the Services using authorized means. It is your

responsibility to check to ensure you download the correct Application for

your device. We are not liable if you do not have a compatible device or if

you download the wrong version of the Application for your device.

By accessing or using the Services, you further agree that:

You will only use the Services for your sole, personal use and you will

not resell them to a third party;

You will not copy or distribute the Services or other Services content

You will not upload or transmit any communications or content of any

type that infringes or violates any rights of any party;

You will not use the Services for any purpose in violation of local, state,

federal or international laws;

You will not use the Services 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 Services (e.g., your wireless data service agreement);

You will ensure that no unauthorized person shall have access to your

mobile device or your Pager passwords or accounts;

You will promptly notify us in the event your Pager passwords or

accounts have been compromised;

You will not assign or otherwise transfer your account to any other

person or entity;

You will not try to harm the Services or impair the proper operation of

the network in any way whatsoever; and

You will provide us with whatever proof of identity we may request.

We reserve the right to immediately terminate your use of the Services

should you fail to comply with any of the foregoing rules.

You are free to establish a hypertext link to our Services so long as the link

does not state or imply any sponsorship of your website or service by us or

by our Services. However, you may not, without our prior written permission,

frame or inline link any of the content of our Services, or incorporate into

another website or other service any of our material, content or intellectual

property.

Our Right to Use User-Provided Content

We may, in our sole discretion, permit you to post or submit content and

other materials through the Services (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 Pager 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 Services 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 Pager, Pager’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 Services by you or by others using your

account.

Payment

There is no charge to register with us or download the Application on your

mobile device. You are charged only when you actually use the Services by

scheduling a consultation with a health care professional. Each health care

professional sets his or own fees for his or her time and services, but your

payment to them includes a portion that is retained by us for our

administrative Services in connection with the Application. We reserve the

right to introduce a fee in the future for downloading the Application as

registering with us. If we decide to introduce such a fee, we will inform you

accordingly and allow you to either continue or terminate your account.

The rates that apply for the telephonic or in-person medical consultation

services provided by the health care professionals can be found on our

website and through the Application. These may be modified or updated

from time to time. It is your own responsibility to remain informed about the

current rates for the medical services made available through the

Application.

Pager shall, on behalf of the health care professional, charge you for the

medical services provided to you by that health care professional. You agree

that you will pay for all medical services you receive from the health care

professional, and that Pager may charge your credit card account, as

provided by you when registering for the Services, for the medical services

including any taxes and late fees, as applicable, that may be accrued by or in

connection with your account. You are responsible for the timely payment of

all fees and for providing Pager with a valid credit card account for payment

of all fees at all times. Any payment made is non-refundable.

We use a third-party payment processor (the “Payment Processor”) to link us

to your credit card account. The processing of payments or credits, as

applicable, in connection with your use of the Application will be subject to

the terms, conditions and privacy policies of the Payment Processor and your

credit card issuer in addition to this Agreement. We are not responsible for

any errors by the Payment Processor or your credit card issuer. In connection

with your use of the Services (and specifically in connection with your

scheduling of a telephonic or in-person consultation with a health care

professional), Pager will obtain certain transaction details, which we will use

solely in accordance with our

Privacy Policy

.

At present we do not process any insurance claims, nor will the health care

professionals process claims on your behalf. Although the

consultations/treatments you receive from health care professionals through

the Application may or may not be covered by your insurance, it is solely up

to you to contact your health plan, determine whether coverage applies and

submit a claim. You are responsible for the full fee (and for paying the fee in

advance) regardless of whether you later are able to receive reimbursement

from your health plan for part or all of the cost.

Intellectual Property Ownership

Pager alone (and its licensors, where applicable) shall own all right, title and

interest, including all intellectual property rights, in and to the Services and

any suggestions, ideas, enhancement requests, feedback, recommendations

or other information provided by you or any other party relating to the

Services. Any copy, modification, revision, enhancement, adaptation,

translation, or derivative work of or created from the Services shall be owned

solely and exclusively by Pager, and/or, as applicable, Pager’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 Pager any and all of your rights, title or

interests in the Services or any modification to or derivative work of the

Services. You shall not remove or authorize or permit any third party to

remove any proprietary rights legend from the Services.

This Agreement does not constitute a sale and does not convey to you any

rights of ownership in or related to the Services, or any intellectual property

rights owned by Pager. Pager’s name, logo and the product names and logos

associated with the Services are trademarks of Pager, its affiliated

companies or third parties, and no right of license is granted to use them.

The materials on the Services are copyrighted by us and/or other applicable

rights holders. You may download and reprint a single copy of the materials

from the Services for your own personal, noncommercial use only, provided

that you keep intact all credits and copyright and other proprietary notices.

Any other use of the materials is strictly prohibited without our prior written

permission and the permission of the applicable rights holder(s).

Application License

Subject to your compliance with the terms and conditions of this Agreement,

Pager grants you a limited, non-exclusive, non-transferable license to

download and install a copy of the Application on a mobile device that you

own or control and to run such copy of the Application solely for your own

personal use.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or

otherwise commercially exploit or make available to any third party the

Application in any way; (ii) modify or make derivative works based upon the

Application; (iii) reverse engineer or access the Application 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 Application, or (c)

copy any ideas, features, functions or graphics of the Application; or (v)

launch an automated program or script, including, but not limited to, web

spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or

worms, or any program which may make multiple server requests per

second, or unduly burdens or hinders the operation and/or performance of

the Services.

Disclaimer

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED

THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS

TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS

OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

The Services are solely designed to enable you to obtain telephonic and in-

person consultations and treatment for common medical conditions by

facilitating the connection between you and nearby health care providers.

NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR

USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

The services provided in the Application are here to help connect you to

nearby health care providers only. Any information contained in the Services

should not be relied upon as the basis of any health-care decision. The

Services do not constitute the practice of any medical, nursing or other

professional health care advice, diagnosis or treatment.

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 OUR

APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU

HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS

APPLICATION 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.

We do not control, supply, endorse, warrant or guarantee any information,

products, services or merchandise supplied by any of the health care

providers that you may connect with via the Services.

We also do not warrant or guarantee that files that may be available for

downloading through the Services will be free of infections or viruses, worms,

Trojan horses or other code that contains contaminating or destructive

properties.

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 download and use the Services at your own discretion and

risk, and you are solely responsible for any damages to your hardware

device(s) or loss of data that results from the download or use of the

Services. Users of the Services are responsible for maintaining a means

external to the Services for the reconstruction of any lost data.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,

REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER

(INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR

NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH

RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR

OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING

ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH

CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT

WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS,

TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES,

MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR

ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE

THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-

FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE

SERVICES IS TO STOP USING THEM.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO

EVENT WILL PAGER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING

NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE

USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT

LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE

SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS

THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF

MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF

WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN

THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A

COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE

MAXIMUM LIABILITY OF PAGER FOR ALL CLAIMS (WHETHER IN CONTRACT,

TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR

OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT

EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF

LIABILITY OF PAGER WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL

MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER

INJURY, ARISING FROM THE USE OF THE SERVICES.

Indemnification

You agree to indemnify and hold harmless Pager, Pager’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 your use of the Services,

violation of this Agreement by you or any other person using your account,

or your violation of any rights of another. 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.

Modifications to, or Discontinuation of, the Services

We reserve the right at any time and from time to time to modify or

discontinue, temporarily or permanently, the Services, 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

Services or any portion thereof.

Privacy

Your use of the Services is subject to Pager’s

Privacy Policy.

Please review

this policy so you understand what information we collect through the

Services, how we use it, how we secure it, and when we may share it.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has

been reproduced, posted or distributed through the Services in a manner

that constitutes copyright infringement, please inform our designated

copyright agent by sending written notice by U.S. Mail to 580 Broadway,

Suite 608, New York, New York 10012, Attn: Copyright Agent, or by email to

privacy@pager.com. Please include the following information in your written

notice: (1) a detailed description of the copyrighted work that is allegedly

infringed upon; (2) a description of the location of the allegedly infringing

material on the Services; (3) your contact information, including your

address, telephone number, and, if available, email address or other

electronic address; (4) 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; (5) 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 (6) 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. 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 or through the

Application.

Miscellaneous

This Agreement constitutes the entire agreement between us and you with

respect to the subject matter contained in this Agreement and supersede all

previous and contemporaneous agreements, proposals and communications,

written or oral, related to that subject matter. You also may be subject to

additional terms and conditions that may apply when you use the products

or services of a third party that are available through the Services. In the

event of any conflict between any such third-party terms and conditions and

this Agreement, this Agreement will govern. This Agreement will be governed

by and construed in accordance with the laws of the State of New York,

without regard to any conflicts of law provisions contained therein.

This Agreement is personal to you and you may not assign it to anyone. If

any provision of this Agreement is found to be unlawful, void, or for any

reason unenforceable, then that provision will be deemed severable from this

Agreement and will not affect the validity and enforceability of any remaining

provisions. This Agreement is not intended to benefit any third party, and do

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 the 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.

Last Revised:

January 2018

2018 Pager, Inc. All rights reserved.