Terms of Service
Last Updated: 3/9/2026
Welcome to Ucan Virtual Health, Inc (“Ucan”). UCan is an independent medical services platform through which consumers (“Consumers”) and healthcare providers (“Healthcare Providers” and collectively with Consumers, “you”) are provided information to allow them to search for doctors and other health care providers, and to allow Healthcare Providers to list their information. The website at Ucanvirtual.com (the “Site”), and any desktop and mobile applications (the “Applications”), the software as a service platform (the “Platform”), and any other related features, functions, software, applications, websites and networks (together with the Site, the Applications and the Platform, collectively the “UCan Services”) are provided and operated, and are being made available to you and the other users of the UCan Services (collectively, “Users”) by UCan. All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
UCan is not a healthcare provider or an insurance company. We do not provide medical advice or clinical direction for your care and treatment. We do not endorse any providers or specific plans of care. We are independent of the Healthcare Providers who are listed on the Site, and are not involved in, or responsible for, anything the Healthcare Providers do or do not do. IF YOU THINK YOU HAVE A POSSIBLE EMERGENCY CONDITION, YOU SHOULD CALL 911 RATHER THAN ATTEMPTING TO ACCESS CARE THROUGH UCAN.
IMPORTANT! THESE TERMS OF SERVICE (THE “TERMS”) GOVERN YOUR USE OF THE UCAN SERVICES. BY CLICKING “I AGREE,” DOWNLOADING, USING, CONFIGURING OR ACCESSING THE UCAN SERVICES OR ANY OTHER UCAN SERVICES, OR THE RECEIPT OF ANY MEDICAL SERVICES OR OTHER SIGN OF YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE; (B) YOU CAN LEGALLY ENTER INTO THESE TERMS; AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU SHALL BE BOUND BY THESE TERMS OF SERVICE AND UCAN’S PRIVACY POLICY (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS THEREOF. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT USE ANY OF THE UCAN SERVICES.
1. Eligibility
To access and use the Ucan Services, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING ANY OF THE UCAN SERVICES, YOU REPRESENT THAT:
YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE, THE APPLICATIONS, THE PLATFORM OR ANY OF THE OTHER UCan SERVICES; YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UCAN; AND
YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS.
2. Privacy
Your privacy is important to UCan. Our goal is to make the UCan Services as good, useful and rewarding for you as possible. In order to do that, UCan may collect and process information from you when you use any of the UCan Services. UCan will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing and using any of the UCan Services, any personal information, you agree that UCan may collect, use and disclose, as set forth in the Privacy Policy, the information you provide during your access to or use of any of the UCan Services, and in some cases information that is provided by or through any of the UCan Services by other parties.
3. License; Unauthorized Use
3.1 License
Subject to your compliance with all the terms and conditions set out in these Terms, UCan hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the UCan Services as contemplated herein, to the extent and in accordance with these Terms.
You should check for updates that UCan provides in connection with the Ucan Services from time to time at www.Ucanvirtual.com. You may also be notified of available updates, which may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
3.2 Prevention of Unauthorized Use
UCan reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of any of the UCan Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
4. Medical Services; Fees
It is up to Consumers to select the Healthcare Provider from whom they wish to receive Medical Services. UCan will not interfere with the medical analysis or decision-making of any Healthcare Providers. All fees paid to UCan are set in advance, are intended to be fair market value for the UCan Services, and are not based upon the potential value of the referral of any consumers to the Healthcare Providers. UCan reserves the right to modify its fees at any time, upon thirty (30) days’ prior written notice posted in advance on any of the UCan Services. While UCan will charge for its services, in no instance will a Healthcare Provider receive less than 100% of their fee for Medical Services.
Under certain limited circumstances, the Medical Services Fees may be refundable. Please check UCan’s Refund Policy, as modified from time to time. If you have any questions regarding the refunding of any of the Medical Services Fees or the Refund Policy, please contact UCan at Support@ucanvirtual.com.
All Medical Services shall be provided in accordance with the applicable Healthcare Provider’s policies and procedures, including its cancellation policy (the “Healthcare Provider’s Policies”). If you have any questions or concerns regarding a Healthcare Provider’s Policies, please discuss and resolve those directly with the Healthcare Provider. UCan is not responsible in any way for a Healthcare Provider’s Policies.
Please be aware that a Healthcare Provider may recommend additional Medical Services to Consumers based on their best medical judgment. It is solely your decision whether to accept some or all of these Additional Medical Services. CONSUMERS SHALL ALSO BE SOLELY RESPONSIBLE FOR ANY FEES AND OTHER CHARGES ASSOCIATED WITH ANY OF THESE ADDITIONAL MEDICAL SERVICES.
CONSUMERS SHOULD BE AWARE THAT UNDER FLORIDA AND OTHER STATE LAWS, YOU, AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT, HAS OR MAY HAVE A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS (OR SUCH OTHER TIME PERIOD AS PROVIDED BY APPLICABLE LAW) OF RESPONDING TO AN ADVERTISEMENT FOR FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICES, EXAMINATION OR TREATMENT.
If there is any dispute between a Consumer and a Healthcare Provider regarding Medical Services, the Consumer should resolve such dispute directly with the Healthcare Provider. UCan shall have no responsibility or liability regarding any such dispute.
The Medical Services Fees may be paid at the time the Healthcare Provider is selected, or through such other payment arrangement as established by UCan.
In making payments, Consumer acknowledges and agrees that they are not relying on future availability of any Medical Services.
ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, INCLUDING THE REFUND POLICY, THE APPLICABLE CONSUMER SERVICES AGREEMENT OR REQUIRED BY LAW.
5. Healthcare Providers
Each Healthcare Provider listed on the Platform shall enter into a Technology Service Agreement with UCan prior to being listed on the Platform. To the extent that there is a conflict between the provisions of these Terms and the provisions of the Technology Services Agreement, the provisions of these Terms will control. The Technology Services Agreement is hereby incorporated by reference into these Terms so that all Healthcare Providers hereby agree to the terms of the Technology Service Agreement.
6. Additional Policies
When using any of the UCan Services, you will be subject to any additional posted policies, guidelines or rules applicable to the UCan Services and features which may be posted from time to time (the “Policies”). All Policies are hereby incorporated by reference into these Terms.
7. Respecting the Rights of Others
UCan respects the rights of others and so should you. You therefore may not post or send Content that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by UCan in its sole discretion;
- Is false, misleading, untruthful or inaccurate;
- Includes anyone’s identification documents or sensitive financial information;
- Impersonates any person or entity, including any of UCan’s employees or representatives; or,
- Spams or solicits any Users, including any Healthcare Providers.
7A. Insurance Information and Healthcare Data Use
Patients may be asked to provide health insurance information in connection with their use of the UCan Services.
By providing insurance information, you acknowledge and agree that such information may be used for healthcare operations, including but not limited to:
- Verifying insurance eligibility and benefits
- Supporting care coordination and treatment planning
- Retrieving medication history from third-party health information networks
- Facilitating clinical decision-making by Healthcare Providers
UCan and its integrated partners, vendors, and health information networks may access, use, and exchange health information, including medication history, in accordance with applicable laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
Such access, use, and exchange of information is performed solely for purposes of treatment, payment, and healthcare operations and is limited to authorized Healthcare Providers, systems, and personnel involved in your care.
8. Account Security
When you access and use any of the UCan Services, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to UCan on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify UCan. You may be liable for the losses incurred by UCan or others due to any unauthorized use of your account or any of the UCan Services.
9. Modification of these Terms
UCan reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the UCan Services locations. If UCan updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the UCan Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, UCan will make reasonable efforts to notify you of such change. UCan may provide notice through a pop-up or banner within any of the UCan Services by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, UCan may require you to provide consent by accepting the changed Terms. If UCan requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by UCan, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the UCan Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL UCAN SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply in regard to the disallowed provisions.
10. Digital Millennium Copyright Act
It is UCan’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. §512(c)(3). UCan reserves the right to terminate any User’s access to the UCan Services without notice if that User is determined by UCan to be a “repeat infringer.” In addition, UCan accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
11. License Grant for Content; Representations and Warranties
11.1 Limited License Grant to UCan
The UCan Services may now or in the future permit the submission and/or posting or linking of pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through any of the UCan Services, you hereby grant to UCan a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise use your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the operation, maintenance and support of the UCan Services.
11.2 Content Use by Other Users
You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the UCan Services.
11.3 Your Content Representations
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Content and other information you provide, and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (a) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize UCan and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 11 and in the manner contemplated by UCan and these Terms; (b) your Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (c) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the UCan Services. Violators of these third-party rights may be subject to criminal and civil liability. UCan reserves all rights and remedies against any Users who violate these Terms.
11.4 Third Party Content
You understand that when using any of the UCan Services, you may be exposed to Content or other materials from a variety of sources, and that UCan is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UCan with respect thereto. UCan does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and UCan expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, UCan may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, UCan does not permit copyright infringing activities on or through any of the UCan Services.
12. Prohibited Conduct
BY USING ANY OF THE UCAN SERVICES YOU AGREE TO NOT:
- Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the UCan Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
- Use any of the UCan Services for the benefit of anyone other you or your family, except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, any of the UCan Services;
- Provide any services to any third party using any of the UCan Services, except in accordance with these Terms;
- Provide any services, directly or indirectly, through any platforms that are similar to, or based on, the UCan Services;
- Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the UCan Services, or any part thereof;
- Copy, disclose, or distribute any data or other information available on any of the UCan Services, in any medium, including without limitation, by any automated or non-automated “scraping;”
- Interfere with, circumvent, or disable any security or other technological features or measures of any of the UCan Services or attempt to gain unauthorized access to any of the UCan Services or its related systems or networks;
- Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- Use bots or other automated methods to: access any of the UCan Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the UCan Services; or
- Use any of the UCan Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment.
13. Third Party Sites
The UCan Services may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. UCan does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the UCan Services are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk.
14. Mobile and Data Charges
You are responsible for any mobile and data charges that you may incur for using any of the UCan Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the UCan Services.
14A. SMS Communications and Consent
By providing your mobile phone number in connection with your use of the UCan Services, you acknowledge and agree that UCan and Healthcare Providers may send you SMS (text) messages related to your use of the platform.
These messages may include, but are not limited to:
- Appointment confirmations, reminders, and updates
- Intake-related communications and secure access links
- Care coordination and follow-up messages
- Account or service-related notifications
In certain cases, you may receive a one-time transactional SMS message (such as a secure intake link) initiated by a Healthcare Provider. This type of message does not require prior opt-in consent.
For any ongoing or additional SMS communications, UCan collects your consent through a clear and conspicuous opt-in mechanism, such as an unchecked checkbox during registration or intake. You must affirmatively opt in to receive such messages.
You are not required to consent to SMS communications as a condition of using the UCan Services.
Message frequency may vary. Standard message and data rates may apply depending on your mobile carrier and plan.
You may opt out of SMS communications at any time by replying “STOP” to any message. For assistance, reply “HELP” or contact Support@ucanvirtual.com.
UCan does not use SMS communications for marketing or promotional purposes unless explicitly stated and separately consented to.
15. Termination; Terms of Use Violations
15.1 By UCan
You agree that UCan, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the UCan Services or any account (or any part thereof) you may have with UCan and remove and discard all or any part of your account, user profile, and any Content, at any time. UCan may also in its sole discretion and at any time discontinue providing access to the UCan Services, or any part thereof, with or without notice. You agree that any termination of your access to the UCan Services or any account you may have or portion thereof may be effected without prior notice, and you agree that UCan will not be liable to you or any third party for any such termination. UCan reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing UCan to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies UCan may have at law or in equity. As discussed herein, UCan does not permit copyright infringing activities on the UCan Services, and shall be permitted to terminate access to any of the UCan Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD UCAN HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY UCAN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER UCAN OR LAW ENFORCEMENT AUTHORITIES.
15.2 By You
Your only remedy with respect to any dissatisfaction with (i) the UCan Services; (ii) any provision of these Terms; (iii) any policy or practice of UCan in operating the UCan Services; or (iv) any Content transmitted through the UCan Services, is to terminate your account and your use of all UCan Services. You may terminate your use of the UCan Services and your account at any time. After such termination, you must refrain from use of the UCan Services until authorized by UCan.
16. Ownership; Proprietary Rights
The UCan Services are owned and operated by UCan. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the UCan Services (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by Users, all Materials contained on the UCan Services are the property of UCan or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to UCan or its affiliates and/or third-party licensors. Except as expressly authorized by UCan, you agree to not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. UCan reserves all rights not expressly granted in these Terms.
UCan shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any of the UCan Services.
17. Indemnification
You agree to indemnify, save, and hold UCan, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the UCan Services, or any of the Content, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein. UCan reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify UCan, and you agree to cooperate with UCan’s defense of these claims. UCan will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Physician Patient Relationship; Covered Entity; No Warranties; Disclaimers
18.1 No Physician Patient Relationship
You agree and accept that no physician-patient relationship is created between you and UCan by use of any of the UCan Services, or otherwise.
UCAN DOES NOT PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE ANY GUIDANCE OR SUGGESTED TREATMENT FOR YOUR PARTICULAR SITUATION OR ANY OTHER FORM OF MEDICAL TREATMENT. UCan does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other medical information. UCan uses reasonable commercial efforts to confirm that the identified Healthcare Providers are licensed and in good standing in the applicable state. UCan has not otherwise evaluated the education, training, experience or credentials of any Healthcare Providers (the “Credentials”), nor has UCan evaluated the acceptability, health, or suitability of any patient for any particular procedure. UCan makes no representations or warranties regarding the Credentials of any Healthcare Provider and reliance on any information provided by or through the UCan Services is solely at your own risk. You should always seek the advice of a medical professional with whom you are comfortable regarding your health and wellness.
You also agree that the UCan Services will not be used with respect to any insurance claim or in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims. You agree to not submit a claim, bill, or seek reimbursement from, any public health program (e.g., Medicare, Medicaid, CHAMPUS, Veterans Affairs or Tricare) for Medical Services provided to you. You shall be solely responsible for complying with the requirements of any such public health program.
18.2 NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UCAN AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “UCAN PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE UCAN SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, UCAN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE UCAN SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE UCAN PARTIES OR THROUGH THE UCAN SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. UCAN MAKES NO PROMISES OF CURE OR GUARANTEES OF TREATMENT IN REGARD TO ANY MEDICAL SERVICES RECEIVED.
18.4 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”
YOU EXPRESSLY AGREE THAT THE USE OF ANY OF THE UCAN SERVICES, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE UCAN SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
18.5 PLATFORM OPERATION AND CONTENT
THE UCAN PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE UCAN SERVICES, OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
18.6 ACCURACY
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY UCAN, THE UCAN PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE UCAN SERVICES OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
18.7 HARM TO YOUR COMPUTER
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE UCAN SERVICES OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
19. Limitation of Liability and Damages
19.1 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE UCAN PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, ASSESSMENTS, RESULTS OR CONTENT ON THE UCAN SERVICES OR ANY THIRD PARTY SITES, EVEN IF UCAN OR A UCAN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, UCAN’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.2 LIMITATION OF DAMAGES
IN NO EVENT WILL THE UCAN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE UCAN SERVICES OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO UCAN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.
19.3 RELEASE FOR DISPUTES BETWEEN USERS
If you have a dispute with any other User or Health Care Provider, or other third parties, you hereby release UCan and the other UCan Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive 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.”
19.4 THIRD PARTY SITES
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY ANY THIRD PARTY AND RECEIVED THROUGH ANY OF THE UCAN SERVICES OR ANY THIRD PARTY SITES.
19.5 BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT UCAN HAS OFFERED THE UCAN SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN; THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND UCAN; AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND UCAN. UCAN WOULD NOT BE ABLE TO PROVIDE THE UCAN SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19.6 LIMITATIONS BY APPLICABLE LAW
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
20. United States Export Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the UCan Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
21. Miscellaneous
21.1 Notice
UCan may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the UCan Services. Notice will be deemed given twenty-four (24) hours after the email is sent, unless UCan is notified that the email address is invalid. Alternatively, UCan may give you legal notice by mail to a postal address, if provided by you through any of the UCan Services. In such case, notice will be deemed given three (3) days after the date of mailing. Notices posted on any of the UCan Services are deemed given thirty (30) days following the initial posting.
21.2 Waiver
The failure of UCan to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by UCan.
21.3 Dispute Resolution
If a dispute arises between you and UCan, the goal is to provide you with a neutral and cost effective method of resolving the dispute quickly. Accordingly, you and UCan agree that any dispute, claim or controversy at law or equity that arises out of these Terms or the UCan Services (a “Claim”) will be resolved in accordance with this Section 21.3 or as UCan and you otherwise agree in writing. Before resorting to these dispute methods, UCan strongly encourages you to first contact UCan directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTER CLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THESE TERMS OR THE UCAN SERVICES.
(b) Arbitration and Class Action Waiver
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
(i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND UCAN (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR THE UCAN SERVICES, INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND UCAN HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND UCan WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf.
Neither you nor UCan will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST UCAN, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree to not participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if UCan is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either UCan or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 21.3(b) is found not to apply to you or your claim, you and UCan agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Palm Beach County, FL. Both you and UCan irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, UCan may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) This arbitration agreement will survive the termination of your use of any of the UCan Services or your relationship with UCan.
(c) Improperly Filed Claims. All claims you bring against UCan must be resolved in accordance with this Section 21.3. All claims filed or brought contrary to this Section 21.3 shall be considered improperly filed. Should you file a claim contrary to this Section 21.3, UCan may recover attorneys’ fees and costs up to $15,000, provided that UCan has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
(d) Prevailing Party. In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, or the UCan Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.
(e) Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, ANY OF THE UCAN SERVICES, ANY PRODUCT OR OTHER SERVICES, ANY CONTENT OR YOUR RELATIONSHIP WITH UCAN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21.4 Severability
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
21.5 Assignment
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UCan without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
21.6 Survival
Upon termination of these Terms, your use of the UCan Services or your relationship with UCan, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, and 8 -21.
21.7 Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21.8 Entire Agreement
These Terms, together with the Privacy Policy, the Policies and the Technology Service Agreement, are the entire agreement between you and UCan relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by UCan as set forth in Section 8 above or as provided in the applicable agreement.
21.9 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
21.10 Geographic Restrictions
UCan is based in the state of Florida in the United States. UCan makes no claims that any of the UCan Services or any of the content is accessible or appropriate outside of the United States. Access to the UCan Services may not be legal by certain persons or in certain countries. If you access the UCan Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UCan with respect thereto.
21.11 Disclosures
The UCan Services are offered by UCan located at 7284 West Palmetto park Road, Suite 101, Boca Raton, FL 33433 and email:Support@ucanvirtual.com. The Medical Services are provided directly by the applicable Healthcare Provider.