Terms of Offer
BY PLACING AN ORDER FOR FAMILY FIRST MD
PRODUCTS AND OR ENROLLING IN OUR FAMILY FIRST MD TELEMED SERVICE. ("TELEMED
SERVICE") YOU AGREE, ACCEPT AND UNDERSTAND THE TERMS OF THE OFFER BELOW
("AGREEMENT"). WE URGE YOU TO READ THE TERMS OF OFFER CAREFULLY AND, IF YOU
HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE
Membership in the Telemed service is open to individuals who are legal
residents of the continental U.S. (excluding Hawaii, Alaska and the U.S.
Virgin Islands), who are at least age 18 as of the date of enrollment and
have the capacity to enter into a binding contract. The Telemed service is
void elsewhere and where prohibited.
1.
ENROLLING IN OUR TELEMED PROGRAM. In placing your order for FAMILY FIRST
MD you are automatically enrolled into our FAMILY FIRST MD Telemed Service.
2.
CANCELLING YOUR MEMBERSHIP: If you do not take affirmative action to cancel the Telemed membership before your subscription period expires, your credit or debit card will be automatically charged for the renewal of your membership at the same price and subscription period of your original membership purchase and you will continue to be a member of the Telemed service. To cancel your membership calls our Customer Service Department at 1-844-485-3336. Or click on the cancellation link on the bottom of the website and a customer service rep will reach out to you to confirm cancellation.
3. 30 DAY MONEY BACK
GUARANTEE: We want you to be fully satisfied with your enrollment in the
FAMILY FIRST MD. If you are not satisfied, you may call customer service
within 30 days from the date of the billing of your first monthly fee for a
full refund of the monthly fee.
Telemed Service Membership:
1.
AUTOMATIC BILLINGS. You will receive an email notification 7 days before being billed the then-current membership fee which will appear on your statement, depending upon how You enrolled. As a member of the Telemed Service you will receive exclusive benefits at the price indicated in the plan that you select at the time of purchase. Once the selected plan’s membership period expires, the credit or debit card you provide at the time of purchase will be automatically charged for the same amount of the original membership plan that you purchased and your membership will be renewed for the same period. You will continue to be charged for the same membership plan each time that it expires until you contact customer service to cancel. These conditions apply to the following membership plans that are available to you at the time of purchase:
a. $29.95 per month
b. $69.95 for 3 months of service.
c. $99.95 for 6 months of service.
2. Promotional Membership Fee. From time to time, in our sole discretion, We may provide a reduced membership fee of $2.90, for a 14 day promotional period, to first-time or other selected customers. If You are provided with such a promotional reduction in your membership fee ("Promotional Membership Fee"), your Payment Source will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by Us, and that the regular applicable periodic membership fee of $29.95 will be charged to your Payment Source following the end of the promotional period.
3.
HOW TO CANCEL. Call our Customer Service Department at 1-844-485-3336.
Additional Terms:
1.
NOTICE OF PRICE CHANGE. As a member of the Telemed service you have the
right to receive written notice of all price increases that vary from the
amount you previously authorized. If we decide to increase the price,
we will notify you via email or mail and give you an opportunity to cancel
your membership before such changes take effect. However, we do reserve the
right to lower your membership price at any point in time without
notification.
3.
PRODUCTS AND SERVICES. (1) Telemedicine services consisting of- (a)
Free access to nurses by phone, 24/7 (b) Speak with a licensed nurse for
guidance or to get started with the clinical intake (c) Receive a call back
from a nurse and U.S. Board Certified doctor to conduct the tele-consult.
(d) If medically necessary, the nurse will coordinate and help facilitate
any orders for prescription medications, lab tests, or imaging studies
written by the doctor. (e) 48 hour follow up by licensed Nurse.
4.
USE OF TELEMED SERVICE MEMBERSHIP. Your Telemed membership is
non-transferable. You agree that only you and your Immediate Family may use
the Telemed membership_ "Immediate Family" means you, your spouse or partner
and your children living at your home. Participation in the Telemed service
is subject to this Agreement, as well as policies and procedures that FAMILY
FIRST MD may adopt or modify from time to time. Any failure to abide by this
Agreement or any policies or procedures implemented by FAMILY FIRST MD any
conduct detrimental to FAMILY FIRST MD, or any misrepresentation or
fraudulent activities in connection with the Telemed service program, may
result in termination of membership in the Telemed service program, as well
as any other rights or remedies available to FAMILY FIRST MD. If we suspend
or terminate membership for any reason specified in this Section 11, we
reserve the right to not refund any fees paid by you.
5.
MODIFICATION OR TERMINATION OF THE TELEMED SERVICE. Your membership in
the Telemed service is offered at the discretion of FAMILY FIRST MD, and it
reserves the right to modify these terms and conditions, condition of
participation, or any other aspect of the Telemed service, in whole or in
part, at any time, with or without notice to you (except as otherwise
specified herein).
6.
LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES. By placing an
order and/or participating in the Telemed service, you agree FAMILY FIRST MD
and its owner(s), parent, subsidiaries, affiliates, agents, representatives,
and employees will have no liability whatsoever for any injuries, losses,
claims, damages or any special, exemplary, punitive, Indirect, incidental or
consequential damages of any kind, whether based in contract, tort, strict
liability or otherwise, resulting from any use Telemed service or the FAMILY
FIRST MD products and services, any failure or delay by FAMILY FIRST MD in
connection with the Telemed service, the performance or non-performance of
the Telemed service by FAMILY FIRST MD or any other products or services
provided by FAMILY FIRST MD, its licensors, or any other third parties,
even if FAMILY FIRST MD has been advised of the possibility of damages.
Notwithstanding this disclaimer, if FAMILY FIRST MD is found liable for any
loss or damage which arises out of, or is in any way connected with, any of
the occurrences described in this paragraph, then its liability will in no
event exceed, in total, the sum of $100.00.
FAMILY FIRST MD makes no warranty of any kind regarding the Telemed service
or the FAMILY FIRST MD products or services, which are provided on an as
is'' and "as available" basis. FAMILY FIRST MD expressly disclaims all
warranties, including implied warranties of merchantability, fitness for a
particular purpose, title, non-infringement, and those arising by statute or
otherwise in law or from a course of dealing or usage of trade. FAMILY FIRST
MD is not responsible or liable for any warranty, representation, or
guarantee, express or implied, in fact or in law, relative to the Telemed
service or the FAMILY FIRST MD products and services, including without
limitation that the Telemed service or FAMILY FIRST MD products and services
will be error-free, or as to the accuracy, completeness and timeliness of
any content or information distributed with respect to the Glue or FAMILY
FIRST MD products and services. SOME STATES DO NOT ALLOW THE LIMITATION OF
LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND
LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
1.
ENTIRE AGREEMENT. This Agreement contains all of the terms of the
program, and no representations, inducements, promises or agreements
concerning the Telemed service program not included in this Agreement shall
be effective or enforceable. If any of the terms of this Agreement shall
become invalid or unenforceable, the remaining terms shall remain in full
force and effect.
2.
GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF THE TELEMED SERVICE SHALL
BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH
CAROLINA WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
3.
ARBITRATION. ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR
USE OF THE FAMILY FIRST MDWEB SITE, YOUR MEMBERSHIP IN THE TELEMED SERVICE,
YOUR USE OF THE FAMILY FIRST MDPRODUCTS. OR TO ANY ACT OR OMISSION FOR
WHICH YOU MAY CONTEND
10. THAT FAMILY FIRST MDIS LIABLE, INCLUDING BUT
NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY ("DISPUTE"),
SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION. JUDGMENT
UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR
FEDERAL COURT HAVING JURISDICTION NORTH CAROLINA THE ARBITRATOR SHALL NOT
HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF
ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY
WAIVES ANY CLAIM THERETO. NEITHER YOU NOR FAMILY FIRST MD SHALL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER
CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR
IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND FAMILY FIRST
MDVOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN
YOU AND FAMILY FIRST MD WILL BE RESOLVED BINDING ARBITRATION. YOU
THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU
ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR
RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATOR(S) NOT A JUDGE OR JURY.