TERMS OF USE

AG URGENT CARE, P.C. 

Last Updated: November 24, 2020

INTRODUCTION 

1. This Document. These terms and conditions of use (this “Agreement”) governs your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by AG Urgent Care, P.C., and its wholly owned subsidiaries, (collectively, “AGPC,” “we,” “us,” and “our”), including the www.agurgentcare.com website (our “Site”), as well as the services (“Services”) available to users through the Site. The terms “you” and “your” as used herein means you, your dependent(s) if any, and any other person accessing this Site or your AGPC account.  

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND AGPC CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST AGPC TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

2. Accessibility. We are committed to ensuring that our Site achieves accessibility compliance standards under the ADA, state laws and regulations, and W3C recommended guidelines. To further this objective, we have organized our Site to aid accessibility, described our services in a clear and concise manner using pictures and infographics, and incorporated maps to depict our locations. If you are having difficulty accessing our Site or any element thereof, including in reviewing this Agreement, please Contact Us so that we may work with you to accommodate your needs.

3. Our Services. AGPC provides users with access to healthcare professionals and information about the services they provide, informs users about locations where healthcare services may be provided, and allows users a convenient method of paying certain healthcare expenses (together, the “Services”). 

4. Conditional Use. Your acceptance of, and compliance with, this Agreement is a condition to your use of the Site and Services. By accessing our Site, you acknowledge that you have read, understand, and accept all terms and conditions contained within this Agreement and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or our Services; promptly exit this Site.

5. The Site Does Not Provide Medical Advice. The information and content in the Site, including but not limited to text, graphics, images, videos, and other material, is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via the Site. Nothing contained in the Site is intended to constitute a medical diagnosis or treatment. Nothing in the Site is intended as a recommendation or endorsement of any specific test, product, procedure, opinion, or other information that may be mentioned in the Site. Reliance on any information appearing in the Site, including but not limited to information provided by AGPC personnel or by other users of the Services, is solely at your own risk. All information provided by AGPC, or in connection with any communications supported by AGPC, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

6. Accuracy of Information; Functionality.  Although AGPC attempts to ensure the integrity and accurateness of the Site and Services descriptions, other than as specifically represented in this Agreement, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site or the content therein. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform AGPC so that it can be corrected. Information contained on the Site may be changed or updated without notice. It is your responsibility to review this Agreement and remain informed about any changes to it. Please refer to the “Last Updated” legend above. Use of the Site after changes are made to this Agreement constitutes express consent to those changes. 

7. Availability of Services. AGPC Services are only available within the United States, and are not intended for, or directed to, residents of the European Union or European Economic Area. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

8. Not for Emergencies. THIS SITE MAY NOT BE USED IN ANY EMERGENCY SITUATION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition before stopping, starting, or modifying any treatment or modification.

9. No Users Under Age 18. In order to access the Site and the Services, you represent and warrant that you are at least eighteen (18) years old. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us as below provided. 

10. Security. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Site or any portion thereof without authorization, in violation of this Agreement or in violation of applicable law.  

11. Limited Use. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. AGPC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

YOUR ACCOUNT

12. Registration. Account registration requires you to submit to AGPC certain personal information, such as your name, address, mobile phone number and age, as well as permits you to submit at least one valid payment method supported by AGPC (“Account Information”). You agree to maintain accurate, complete, and up-to-date Account Information. Your failure to maintain accurate, complete, and up-to-date Account Information may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by AGPC in writing, you may only possess one Account.

13. Cancelation. You may elect to cancel your AGPC Account at any time either through your account or by contacting us as below provided. 

14. Not an Insurance Product.  AGPC IS NOT AN INSURER, THE SERVICES ARE NOT INSURANCE PRODUCTS NOR AN INSURANCE PLAN, AND THE AMOUNTS YOU PAY TO AGPC ARE NOT INSURANCE PREMIUMS OR INSURANCE COST-SHARES. IF YOU DESIRE ANY TYPE OF HEALTH OR OTHER INSURANCE, YOU WILL NEED TO PURCHASE SUCH INSURANCE SEPARATELY. 

COMMUNICATIONS

15. Electronic Communications. When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. AGPC may contact you by telephone, mail, or email to verify your Account Information. AGPC may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested. 

16. Consent to Receive Calls And Text Messages And Video Recording. By providing your mobile number, you are agreeing to be contacted by or on behalf of AGPC at the mobile number you have provided, including calls and text messages, to receive informational communications relating to the Site and Services. 

17. Receiving Communications. Message and data rates may apply. For help, or to stop receiving communications from us, please contact us as below provided, or update your profile on our Site to opt out of receiving such messages. We may confirm your opt out by text message. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services. YOU AGREE TO NOTIFY AGPC IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM AGPC. YOU AGREE TO INDEMNIFY AGPC FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO AGPC.

OTHER CORE TERMS

18. Ownership of The Site And Related Materials; Additional Restrictions. All pages within this Site, including this Agreement, and any material made available for download are the property of AGPC, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

19. Limited License. Subject to the terms of this Agreement, AGPC grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in this Agreement are reserved and retained by AGPC or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AGPC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AGPC without express written consent. You may not use any meta tags or any other “hidden text” utilizing AGPC’s name or trademarks without the express written consent of AGPC. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by AGPC. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of AGPC without our express written consent.

20. Links to Other Sites.  AGPC makes no representations whatsoever about any other website that you may access through this Site. When you access a non-AGPC site, please understand that it is independent from AGPC, and that AGPC has no control over the content on that website. In addition, a link to a non-AGPC website does not mean that AGPC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

21. User Information.   If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to AGPC that you have the legal right and authorization to provide all User Information to AGPC for use as set forth herein and required by AGPC.

22. Use for Legal Purposes Only. You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to AGPC; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.

You agree to defend, indemnify, and hold harmless AGPC from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Agreement.

23. Reserved Rights. AGPC reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies, this Agreement, and applicable law.

24. Claims of Copyright Infringement. We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. AGPC respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to AGPC’s Designated Copyright Agent, identified below.

25. Notices of Alleged Infringement for Content Made Available on the Site.   If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed;
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found;
  3. Provide your mailing address, telephone number, and, if available, email address;
  4. Include both of the following statements in the body of the Copyright Notice:
    a. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    b. “I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to

 

AG Urgent Care, P.C. 
4809 Avenue N Suite 273 
Brooklyn, NY 11234

Tel: 877-471-9091 
Email: [email protected]

26. Intellectual Property.  With the exception of your electronic medical record, AGPC retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by AGPC (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of AGPC. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of AGPC trademarks, service marks, and logos are strictly prohibited without the prior written permission of AGPC. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by AGPC or the third-party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

27. Reserved Right to Remove Information. AGPC may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

28. Export Law Indemnification. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold AGPC and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold AGPC and its affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees incurred in defending or resolving any suits brought against AGPC or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.

29. Disclaimer of Warranties. AGPC DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF PHARMACY, ABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. AGPC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

30. Responsibility for Use. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. AGPC DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

31. Warranties. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY AGPC ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY AGPC OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. AGPC DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY MEDICAL SERVICE WILL BE PROVIDED TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE SERVICES MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. AGPC DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

32. Limitation of Liability Regarding Use of Site. EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: AGPC SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY HEALTH CARE PROVIDER OR THIRD PARTY MENTIONED ON THIS SITE AND IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF AGPC TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

33. Disclaimers. The following disclaimers are made on behalf of AGPC, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders

    1. AGPC is not responsible for the conduct, whether online or offline, of any user of the AGPC Site or Services. You are solely responsible for your interactions with other users. By using the AGPC Site and participating in the Services, you agree to accept such risks and agree that AGPC is not responsible for the acts or omissions of users on the AGPC Site or participating in the Services.
    2. It is possible for others to obtain information about you that you provide, publish or post to or through the AGPC Site (including any profile information you provide), send to other users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the AGPC Site or through the Services. Please carefully select the type of information that you post on the AGPC Site or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or “hackers”).
    3. Opinions, advice, statements, offers, or other information or content concerning AGPC or made available through the AGPC Site, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the AGPC Site or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the AGPC Site and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

34. No Third-Party Rights.  Unless expressly stated in this Agreement to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and AGPC Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third persons to you or AGPC, nor shall any provision give any third parties any right of subrogation or action over against you or AGPC and its affiliates.

35. Assignment.  You may not assign, transfer, or delegate this Agreement or any part thereof without AGPC’s prior written consent. AGPC may freely transfer, assign, or delegate all or any part of this Agreement, and any rights or duties hereunder or thereunder. This Agreement will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

36. Force Majeure. We will not be deemed to be in breach of this Agreement or liable for any breach of this Agreement or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, unanticipated work stoppages, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

  1.  
  1.  

37. Indemnification.  You agree to defend, indemnify, and hold harmless AGPC and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services or any information posted on the Site; (ii) your breach of this Agreement or Privacy Policy; (iii) the content or subject matter of any information you provide to AGPC, Broadway Provider Group, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

38. Application Support; Functionality. All questions and requests relating to Site support must be directed to AGPC. To submit a support request, please contact us as below provided. AGPC will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

39. Modified Devices and Operating Systems. AGPC will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

40. No Liability for Select Third Parties.  Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the Site. AGPC, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, PHARMACYABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES 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 SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

DISPUTE RESOLUTION

Any controversy or claim between the parties or arising out of this Agreement or any use of the Website or the AGPC Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in New York, New York. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

41. Governing Law. This Agreement shall be construed in accordance with the laws of the State of New York, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.

WAIVER OF JURY TRIAL AND CLASS ACTIONS.  BY ENTERING INTO THIS AGREEMENT, YOU AND AGPC ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND AGPC BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND AGPC BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

HOW TO CONTACT US:

AG Urgent Care, P.C.
4809 Avenue N Suite 273 
Brooklyn, NY 11234

Tel: 877-471-9091 
Email: [email protected]

Copyright 2020 AG Urgent Care, P.C.