USE OF THE WEBSITE
The content and information on this Site (including, but not limited to, projected wait times at participating hospitals), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your projected treatment confirmation (and related documents) for treatment times confirmed through this Site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site.
Additionally, you agree not to:
- use this Site or its contents for any commercial purpose;
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.
You may only provide Submissions about yourself, your minor child, or those for whom you have been designated as their personal representative. You acknowledge and agree that your Submissions are non-confidential and do not contain proprietary information. InQuicker will not be required to treat your Submissions as confidential, and you acknowledge and agree InQuicker may, in connection with its business, use any of the concepts and ideas contained in your Submissions (including without limitation, product or advertising ideas) without compensation to you, and InQuicker will not incur any liability to you as a result of any similarities between concepts and ideas contained in your Submissions and future InQuicker operations and business.
You acknowledge and agree that by posting Submissions to the site, you grant InQuicker a worldwide, perpetual, royalty-free, irrevocable, transferable, and fully sublicensable right, license and permission to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submissions and any Content contained therein throughout the world in any media now known or hereafter created without attribution for the sole purpose of advertising, promoting, marketing or other exploitation or sale of the InQuicker business or services.
InQuicker shall decide in its sole discretion whether Submissions may be posted or remain posted to the Site. InQuicker does not warrant that Submissions will be posted to the Site. If notified of an allegation that the Site contains infringing information, materials or other content, InQuicker may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Site.
InQuicker does not undertake to monitor or review every Submission, and InQuicker disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. InQuicker is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the Site, including, without limitation, all third party advertising posted on the Site.
2. REPRESENTATIONS AND WARRANTIES
By posting Submissions to the Site, you represent and warrant the following: (i) you are not impersonating any other person; (ii) your Submissions will be true and accurate and only concerns or relates to the service received by you, your minor child, or an individual for whom you have been authorized to Submit on such individual’s behalf; (iii) your Submissions are your original work of authorship and that you have the right to make your Submissions without violating the copyright, trademark, or other intellectual property rights of any person or entity, and the Submissions will not contain any content, information personally identifiable information, or materials of any kind that relates or refers to any person or entity other than those identified in (ii) above.
You agree to indemnify, defend and hold harmless, InQuicker and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from any Submission you make or post on the Site.
5. INQUICKER DOES NOT PROVIDE MEDICAL ADVICE
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE SITE AS A SUBSTITUTE OR REPLACEMENT FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. INFORMATION PROVIDED ON THE SITE IS USED SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
6. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
8. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512(c)(3)) to our copyright agent at DMCA@inquicker.com.
9. ELECTRONIC CONTRACTING AND NOTICES
10. EMERGENCY MEDICAL TREATMENT AND LABOR ACT ("EMTALA").
By using the InQuicker Site, you acknowledge that you understand agree to the following:
EMTALA is a complex federal law that imposes specific legal obligations on Medicare- participating hospitals that offer emergency services. User should consult private legal counsel for a full interpretation. Very generally speaking, for individuals who "come to the emergency department" and a request is made for (or there is an apparent need for) emergency treatment, the hospital must provide a medical screening examination to determine whether an emergency medical condition exists, regardless of the individual's ability to pay. (As defined by EMTALA, "Comes to Emergency Department" includes coming to the hospital campus (or urgent care center in some cases).) If an emergency medical condition exists, then the hospital is required to provide stabilizing treatment for the individual. If the hospital is unable to stabilize an individual within the hospital's capability (or if the individual requests), an appropriate transfer to another hospital must be made. Stabilizing treatment cannot be delayed to request the individual's payment or payment or insurance information.
This Site is not part of the EMTALA screening process. User acknowledges that their use of the InQuicker Site is not the same as an individual "Coming to the Emergency Department" for EMTALA purposes and that, by use of the Site, neither User nor any person on whose behalf User is using the Site, will be deemed to have presented in person or physically to the hospital property or Emergency Department (or urgent care center in some cases) for EMTALA purposes. This Site is not a registration site for the hospital or Emergency Department (or urgent care center in some cases) and will not be monitored by the hospital staff/ physicians for triage purposes. This Site is not to be used by emergent/urgent patients. This Site is not considered property of the hospital or urgent care center or an online waiting room of the hospital or urgent care center. User acknowledges that the hospital's EMTALA obligations (if any) will not begin until the User or the person on whose behalf User is using the Site physically presents to hospital property or to the hospital's Emergency Department (or in some cases, the urgent care center).
User understands that the individual will be screened upon physical presentation to Emergency Department (or urgent care, in some cases) and will be treated based on the severity of the illness. This Site is meant to help reduce wait times by providing the individual with a projected best time to check in, but we do not guarantee that the individual will not have to wait longer if patients with more severe needs require more immediate attention.
User understands and agrees that the use of this Site does not create a physician - patient relationship with any healthcare provider. This Site is provided for the convenience of the individual only.
Participating hospitals and urgent care centers on the InQuicker Site may or may not be subject to EMTALA. User should confirm individual hospital's and urgent care center’s EMTALA obligations with the individual hospital and urgent care center. User agrees that InQuicker is not subject to EMTALA enforcement, and User will not pursue a private right of action against InQuicker for any EMTALA violation or malpractice by any hospital, urgent care center or healthcare provider. User should not delay seeking emergency care due to delayed projected -treatment times. User should call 911 in the event of an emergency.
11. ENTIRE AGREEMENT
12. CHOICE OF LAW; CONSENT TO ARBITRATION