Terms - OverbookMD

Get Seen Now

Terms of Service

Last Modified: 7/17/2023

These Terms of Service are agreed to by You and Overbook Holdings, LLC (“Company,” “we,” or “us”). These Terms of Service govern your access to and use of www.overbookmd.com (the “Website”), including the referral platform accessible on the Website (the “Platform”). If you do not want to agree to these Terms of Service, you must not access or use the Website. By accessing or using the Website, you agree to these Terms of Service.

The Website is offered and available to users who are 18 years of age or older and reside in the state of Texas. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1. Accessing the Website and Account Security

1.1 We reserve the right to withdraw or amend, or prevent your use of or access to, this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users, for any reason or no reason in our sole discretion.

1.2 You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

1.3 To access the Website or some of the resources it offers (e.g., the Platform), you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [MWS1] , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

1.4 If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

1.5 We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

2. Intellectual Property Rights

2.1 The Website and its entire contents, features, and functionality (including but not limited to the Platform, and all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

2.2 These Terms of Service permit you to use the Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

2.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

3. Trademarks. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

4. Prohibited Uses.

4.1 You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

4.2 Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

5. Reliance on Information.

5.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

5.2 This Website includes content provided by third parties, including materials provided by physicians. All statements and/or opinions expressed in these materials, and all and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

5.3 We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

5.4 If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. Information About You and Your Visits to the Website . All information we collect on this Website is subject to our Privacy Policy [MWS2] . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. Relationship of Physicians to the Platform.

7.1 The physicians who may provide services to patients as a result of those patients’ use of the Platform (the “Physicians”) have provided information to us including their areas of expertise and at least two (2) references from other physicians who have stated that they would use the participating Physicians for their own care. All Physicians have represented to Company that they are compliant with the Texas Medical Board, and that all information they have provided to Company is and will continue to be accurate. When you submit a care request, we will identify the Physicians to whom that request maybe provided based on the relationship between those Physicians’ skills and expertise and the type of requested care. A match will be made with one of the Physicians based on the order in which that Physician accepts the care request.

7.2 You acknowledge that Company does not employ the Physicians, or direct or control what services they may provide, and does not offer or provide preferential placement or recommendations for any one Physician over another. Accordingly, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING ANY SERVICES WHICH ANY PHYSICIAN MAY PROVIDE, INCLUDING THAT SUCH SERVICES WILL BE TIMELY, ACHIEVE ANY RESULT, MEET ANY PATIENT’S OR ANY OTHER PERSON’S NEEDS OR EXPECTATIONS. ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH SERVICES, WHETHER EXPRESS OR IMPLIED, OTHER THAN THOSE SET FORTH IN THIS SECTION 7.1, ARE EXPRESSLY DISCLAIMED. ALL PHYSICIAN SERVICES, INCLUDING MEDICAL SERVICES AND THE SETTING OF APPOINTMENTS, ARE PROVIDED BY THE PHYSICIANS, NOT BY THE COMPANY, ON AN “AS IS” AND “AS AVAILABLE” BASIS.

7.3 You acknowledge that Company does not control whether, and in what amounts, Physicians charge for the services they provide, including any initial appointments which a Physician may make with you. All Physician charges are entirely independent of any amounts paid by you to Company, and no payments made by you to Company will be deduced from, or otherwise applied against, any Physician charges.

7.4 Physicians do not pay the Company any fee for the ability to receive patient matches through the Platform.

8. Relationship of Patients to the Platform.

8.1 Provided that you comply with these Terms of Service, you may utilize the Platform to seek care from Physicians by providing such information as we may request regarding the care to be provided (including information about you, as well as payment information, such as insurance information), making the appropriate payment, and submitting a care request through the Platform.

8.2 By submitting a care request, you: (a) represent and warrant that all information provided by you to us, including all information in the care request and the Patient Authorization Form [MNM3] , is accurate; (b) agree to pay the amount specified on the Website at the time of submission of the request (the “Payment Amount”); and (c) authorize us to charge the Payment Amount using the credit card information or other payment information that we have on file for you at the time your care request is accepted by a Physician.

8.3 You acknowledge that the sole services we provide to you with respect to care requests are to attempt to match care requests with Physicians. We do not, and cannot, guarantee that any Physician will accept your care request, that any Physician who accepts a care request will be able to make an appointment with you, or that any Physician who is matched with you as a result of your use of the Platform will be able to provide you suitable care.

9. Disclaimer of Warranties

9.1 EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THESE TERMS OF SERVICE, YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, THE PLATFORM AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, THE PLATFORM OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, OR ERROR-FREE, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

9.2 TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

9.3 THIS SECTION DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation on Liability.

10.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10.2 THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (“Losses”) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, any Losses arising out of use of the Platform or services, including any and all healthcare services, provided as a result of any matches connecting you and a Physician via the Platform.

12. Governing Law and Jurisdiction.

12.1 All matters relating to the Website and these Terms of Service or any other agreement which incorporates or is incorporated by or with these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

12.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website or any other agreement which incorporates or is incorporated by or with these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

14. Waiver and Severability.

14.1 No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

14.2 If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

15. Survival. Sections 7-13, and any other provision of these Terms of Service that should, by its nature, survive termination, shall survive termination of these Terms of Service.

16. Copyright Infringement. If you believe that any material on the Website violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the accounts of repeat infringers.

0143806.0768235 4881-1580-1198v2

Get Seen Now

Terms of Service

Our Specialties