This AGREEMENT, is between Americare Services, Inc., (the Company), and
the enrolled person (Client) with respect to Clients enrollment in the
Company electronic medical record storage and/or telephonic physician
consultant services, as selected by Client (the Program), on the date
agreed to by the parties. In consideration of these premises and the
mutual promises and covenants hereinafter contained, Company and Client,
each intending to be legally bound hereby, agree as follows:
Section 1.
Companys Obligations.
Company shall provide the Program to Client so long as Client pays the
fees agreed to in connection with the Program. Client shall enroll in the
Program and register with Company in the manner prescribed by Company.
Client shall continue to have access to the Program until Client
terminates his or her membership in the Program, or Company or Client
terminates such membership as permitted under this Agreement. The Program
encompasses the services described by Company in its enrollment materials.
Section 2.
Clients Obligations.
Client shall pay Company the fees for the Program as set forth in the
enrollment materials. Your membership will be processed with your
financial institution within the next 24 hours. The one time enrollment
fee of $59.00 is non-refundable under any circumstances after the trial.
Section 3.
Term.
The initial term of this Agreement (Initial Term) shall end one (1) year
from the effective date of this Agreement. Upon expiration of the Initial
Term, this Agreement shall automatically renew for successive one (1) year
terms (each a Renewal Term) unless written notice is given at least ninety
(90) days prior to the effective date of any Renewal Term.
Section 4.
Amendment.
This Agreement shall automatically terminate upon the liquidation,
dissolution, cessation of business or the filing of a bankruptcy petition
by or against either party. Upon termination of this Agreement for any
reason, Client shall pay Company for all services rendered through the
effective date of termination. This Agreement may only be amended from
time to time by a writing signed by both parties. No waiver by Client or
Company of any provision herein, shall operate as a waiver of any other
provision or the same provision on a future occasion
Section 5.
Limitation of Liability.
Company shall have no liability whatsoever for any indirect,
consequential, exemplary, special, incidental or punitive damages. Company
liability to Client for any reason and upon any cause of action, whether
tort, contract, statute or any other legal theory whatsoever, shall be at
all times and in the aggregate be limited to the lesser of (a) $1,000, or
(b) the amount of compensation actually paid by Client to Company during
the three (3) month period immediately preceding the month in which the
event upon which the liability is predicated.
Section 6.
Assignment.
The rights and obligations of the assigning party under this Agreement
shall not be assigned to any other individual, firm, corporation,
association or other entity without the prior written approval of the
non-assigning party, which approval shall not be unreasonably withheld,
delayed or conditioned; provided that nothing contained in this Agreement
shall prevent assignment or be deemed assignment of this Agreement in
connection with the merger, sale of capital stock or sale of all or
substantially all of the assets of Company.
Section 7.
Disclaimer.
Company does not make any express or implied representations or
warranties, including but not limited to any warranty of merchantability
or fitness for a particular purpose with respect to the Program. The
WellCard discount healthcare benefits being offered by the CALL MD are not
comprehensive health insurance, but a fee based medical savings provider
with over 500,000 providers nationwide
The benefit services are effective immediately after enrollment. You will
receive your membership ID via your email address or U.S postage within 5
days of your enrollment date. Savings given through the provider contracts
vary depending on procedure and location. If you currently have health
insurance, we encourage you not to drop your current coverage unless you
have done a complete comparison of benefits. Your membership renews
automatically by continuing the payment of the monthly dues. There is no
renewal fee. You may cancel your membership by U.S mail or by calling our
customer service department Monday through Friday, 8am to 5pm Central
Standard Time at phone number 888-212-4597 and your membership and billing
will cease. This document contains the entire Agreement of the parties. It
supersedes any and all prior agreements, understandings or
representations, whether oral or written. Neither party shall be
responsible for delays in performance due to strikes, riots, acts of God,
shortages of labor or materials, war, governmental laws, regulations, or
restrictions, transportation conditions, product/service suppliers or any
other causes whatsoever that are beyond the reasonable control of Company.
This Agreement shall be interpreted exclusively according to the laws of
the State of Florida without regard to its conflicts of laws principles.
Any paragraph titles or captions contained in this Agreement are for
convenience only and shall not be deemed part of the context of this
Agreement. Except as set forth herein, the parties hereto do not intend to
confer any rights or remedies upon any person other than the parties named
below.