Terms of Use

The following terms and conditions constitute an agreement between you as a user of this website ("you" or "User") and InQuicker, LLC. ("InQuicker," "we," or "us"), the operator of www.inquicker.com (the "Site"). This agreement (the "Terms of Use") governs your use of the Site, both as a casual visitor and as a registered user. The effective date of these Terms of Use is May 1, 2008. BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, and that you consent to resolve in the State of Tennessee any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties.

Use of the website

As a condition of your use of this Site, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Site in accordance with these Terms of Use, (iv) you will only use this Site to schedule a doctor's appointment or obtain a check-in time for an urgent/immediate care center or at an emergency room for you or for another person for whom you are legally authorized to act, and (v) all information supplied by you on this Site is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. InQuicker is not for use with life threatening, urgent or emergent medical conditions and you agree that you are not attempting to use the service for such a condition. You agree that you have read the "When to Call 911" page of this Site and you do not feel you need to call an ambulance.

Prohibited Activities

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:

  1. use this Site or its contents for any commercial purpose;
  2. 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;
  3. 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;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization.

1. Testimonials

InQuicker allows users to share and view testimonials about the InQuicker service ("Submissions"). Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy. You are responsible for the content of your Submissions.

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 designated as their personal representative; (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.

3. Indemnification

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.

4. Privacy policy

Your use of this Site is also governed by the terms of our privacy policy.

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."

7. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation by you or by someone using your credentials of these Terms of Use or other policies and terms posted on the Site. InQuicker shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination.

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

Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

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 that 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

This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Statement, constitute the entire agreement between you and us, and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of InQuicker to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

12. Choice of law; consent to arbitration

This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Tennessee as applied to contracts made and to be performed entirely within Tennessee, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Tennessee, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

13. Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.