Terms and Conditions of Use
Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Consequently, possession, distribution, cultivation, and manufacture of cannabis are illegal under federal law. Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a Licensed Health Care Provider you select through Online Medical Card, you will not hold Online Medical Card or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state in which you reside.
Online Medical Card does not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Licensed Health Care Providers subscribing to the Site do not in any way engage in the cultivation, manufacture, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise.
Neither Online Medical Card nor its Licensed Health Care Providers shall assist you at any time or in any way in the procurement of any cannabis or cannabis product for your consumption, possession, sale or distribution, cultivation, or manufacture of the same for medical use or otherwise. Neither Online Medical Card nor its Licensed Health Care Providers shall procure on your behalf any cannabis or any cannabis product in any form whatsoever for your medical use or otherwise.
In order to gain access to and to use the Site, you must demonstrate to the satisfaction of Online Medical Card that you currently reside in a state, including the District of Columbia, that allows certain individuals with distinct and defined debilitating conditions or that are undergoing certain medical treatments to consume cannabis for medical use (“Medical Cannabis State(s)”). Only a valid, state-issued, non-expired identification card or driver’s license (collectively “Identification”) shall be sufficient to demonstrate state residency.
Upon demonstration of residency in a Medical Cannabis State through submission to Online Medical Card of your Identification, Online Medical Card shall coordinate your initial communication with a Licensed Health Care Provider of your choice who also practices in your Medical Cannabis State of residency. You shall not have any access through Online Medical Card to any Licensed Health Care Provider who does not also practice in the same Medical Cannabis State of which you are a resident.
Upon acceptance of this Agreement, you represent and warrant that you understand that there exists a conflict between federal and state law, and, as such, federal regulators may view any action by Licensed Health Care Providers to prescribe cannabis to you for your medical use as unlawful under federal law. Licensed Health Care Providers are in no way obligated to recommend to you the use of cannabis for your medical treatment. It is in the sole discretion of your Licensed Health Care Provider, through its bona fide Health Care Provider to a patient relationship with you and corresponding medical examination or series of examinations to be conducted in accordance with the applicable and governing state laws and regulations of the respective Medical Cannabis State, to determine whether cannabis would be effective as a treatment for your condition(s) (“Patient Recommendation”).
Please note that to apply for medical marijuana card doctor will need your information including your full name, date of birth, picture of official ID, email, mailing address, phone number and in some states your social security number to submit to the state medical marijuana program. The information and documents required may vary from state to state.
When you agree with our terms and give consent for telemedicine you agree to provide your personal information, including but not limited to, official ID, email, mailing address, phone number, medical records, and in some states your social security number etc. to us and / or doctor through our website online application, telephone, email and via sms/mms.
Neither Online Medical Card nor its Licensed Health Care Providers make any warranties or guarantees that the use of medical cannabis would be an effective treatment for your medical conditions. Should a Licensed Health Care Provider determine that you have a qualifying debilitating condition or that you are undergoing certain medical treatments to justify Patient Recommendation, you bear the sole responsibility of obtaining cannabis for your Qualifying Patient “debilitating conditions” and “medical treatments” are defined and governed by various state laws and regulations in each Medical Cannabis State.
By continuing on the website and opting in for some of our services you agree that you will receive automated marketing messages and/or telephone calls from representatives of Online Medical Card. Consent is not a condition of any purchase. Message and data rates may apply.
You can opt-out of receiving any electronic communication from us by clicking the unsubscribe button.
At no time shall you provide cash or any form of remuneration to either Online Medical Card or to your Licensed Health Care Provider specifically or solely for making a Patient Recommendation on your behalf or in exchange for the same; while certain fees shall apply for your medical consultation with a Licensed Health Care Provider, there is no guarantee of a Patient Recommendation of any kind and all such Recommendations are solely within the professional medical judgment and discretion of the Licensed Health Care Provider.
This Site is intended for use only by persons who are at least eighteen (18) years of age; if you are under 18 years of age, your parent or legal guardian must accompany and strictly monitor your use of the Site.3 Licensed Health Care Providers will not make Patient Recommendations on behalf of any individual using the Site who is under the age of 18 unless such Recommendations are made in compliance with the laws and regulations governing Patient Recommendations to minors in the respective Medical Cannabis State(s), which may require, among other requirements and restrictions, consent on behalf of the minor by the minor’s parent or legal guardian. If such consent is required, Online Medical Card will issue consent forms to the minor’s parent or legal guardian to fully execute and return to Online Medical Card and its Licensed Health Care Providers prior to any Patient Recommendation. Online Medical Card does not seek through this website to gather personal information from or about persons under the age of 18.
Availability
Online Medical Card services are only made available to Qualifying Patients that reside in Medical Cannabis States. The services provided through the Site vary by qualifying patient debilitating condition and/or medical treatment (such as chemotherapy or radiotherapy) as dictated by applicable state laws and regulations in the Medical Cannabis States and by state of residence and licensure of the Qualifying Patient and Licensed Health Care Provider, with specific emphasis on providing Qualifying Patients’ information to enable them to make a selection of the appropriate Licensed Health Care Providers and corresponding medical services, and the tools to plan for services, engage remotely (as permitted in a given Medical Cannabis State), and coordinate such care, if necessary. Online Medical Card services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.
Corporate Structure
Online Medical Card is a corporation that makes the Site, related technology, and other administrative and management services available for Licensed Health Care Providers and their Qualifying Patients to coordinate and communicate as described in these Terms of Use and otherwise on the Site.
Medical Cannabis States maintain varying laws and regulations governing a Licensed Health Care Provider’s ability to recommend cannabis for medical use to an individual under the age of 18 (“minor”). If you are a minor, your parent or legal guardian is responsible for fully understanding and complying with those laws and regulations regarding Patient Recommendations for minors in your Medical Cannabis State of residence.
Your Relationship with Online Medical Card
Online Medical Card provides a platform for you to consult with your Licensed Health Care Provider and to obtain access to additional information regarding the use of cannabis for medical treatment, which you may or may not choose to utilize in planning your health care and wellness. The services provided through the Site are not a substitute for direct in-person health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your Licensed Health Care Provider, whom you select at your sole discretion. You understand that by coordinating and in certain cases consulting with a Licensed Health Care Provider through the Site, you are not entering into a doctor-patient relationship with Online Medical Card and you understand and acknowledge that Online Medical Card is neither a Licensed Health Care Provider nor a provider of cannabis for medical use.
By accepting the Terms of Use, you understand that your Licensed Health Care Provider may send you messages, reports, and emails via the Site regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold Online Medical Card liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
Consultative Service
If permitted by the respective Medical Cannabis State(s), your Licensed Health Care Provider may use the Site to provide advice or diagnosis to you. Your Licensed Health Care Provider providing such services through the Site may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, your Licensed Health Care Provider providing services through the Site may not be aware of facts or information that would affect his or her opinion of your diagnosis. By deciding to engage the services of the Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and provisional; (ii) the opinion is not intended to replace a full medical evaluation or an in-person visit with your Licensed Health Care Provider; (iii) your Licensed Health Care Provider providing services through the Site may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect your Licensed Health Care Provider’s ability to diagnose your condition, disease, or injury.
In order for your Licensed Health Care Provider to determine whether your medical conditions would benefit from the use of cannabis, certain Medical Cannabis States require that you undergo an in-person, medical examination or series of examinations with your Licensed Health Care Provider. Should your Medical Cannabis State require an in-person, physical medical examination or series of examinations prior to Patient Recommendation, Online Medical Card will assist you in the coordination of an in-office visit or visits with a Licensed Health Care Provider. If you refuse or are unable to undergo such examination(s), your Licensed Health Care Provider is prohibited from making any Patient Recommendation on your behalf. You also agree that the opinion expressed by a Licensed Health Care Provider using this Site is not that of Online Medical Card and will not be used in any legal dispute against Online Medical Card including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
To ensure that there is no sale of services in the state where cannabis is illegal or restricted, there are no manual input fields provided in our application forms. We are currently providing services only in the following states- California, Connecticut, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, Nevada, Ohio, Oklahoma, Pennsylvania, & West Virginia.
Duty to Provide Information and Access
If you consult with a Licensed Health Care Provider through the Site, you have a duty to provide appropriate real-time audio and video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your Licensed Health Care Provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Licensed Health Care Provider may provide through the Site.
Privacy Policy
Online Medical Card understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy compliance for a description of how we may collect and use your personal information. In tandem with Online Medical Card’s Privacy Policy, by entering into this Agreement you represent and warrant that you understand that certain health care records pertaining to any Patient Recommendation made on your behalf by your Licensed Health Care Provider may be subject to mandatory disclosure and production to relevant government authorities by either Online Medical Cardor its Licensed Health Care Providers under the applicable and governing laws and regulations of your Medical Cannabis State. Specifically, by entering into this Agreement you represent and warrant that you understand that copies of your medical records stating that you have been diagnosed with a serious medical condition or are undergoing certain medical treatments for which the medical use of cannabis is an appropriate remedy may be subject to mandatory disclosure and production either Online Medical Card or its Licensed Health Care Providers to relevant government authorities under the applicable and governing laws and regulations of your Medical Cannabis State.
Independence of Licensed Health Care Providers
The professionals utilizing or featured on the Site are subscribers to and licensees of the Site and not employees or independent contractor service providers of Online Medical Card. Any opinions, advice, or information expressed by a Licensed Health Care Provider, Health Care facility, professional, or specialist using or featured on the Site are of the facility and professional alone. They do not reflect the opinions of Online Medical Card.
Online Medical Card does not recommend or endorse any specific tests, providers, products, the use of cannabis for medical efficacy, Patient Recommendations, procedures, medications, devices, opinions, or other information that may be mentioned on the Site or by a licensee of Online Medical Card.
The inclusion of Licensed Health Care Providers on the Site or in any professional directory located on the Site does not imply recommendation or endorsement of such Licensed Health Care Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Licensed Health Care Provider contained therein.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND Online Medical Card DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Online Medical Card SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY SITE USER) IN RELIANCE ON INFORMATION ABOUT LICENSED HEALTH CARE PROVIDERS ON THE SITE. THE USE OF THE SITE BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF LICENSED HEALTH CARE PROVIDERS IS PROHIBITED.
Registration; User Accounts, Passwords, and Security
You are not obligated to register with Online Medical Card in order to access the Site. However, certain services of the Site are available only to users who have registered with Online Medical Card or other persons affiliated with Online Medical Card who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself that you have provided to Online Medical Card.
If you do not maintain such information, or Online Medical Card has reasonable grounds to suspect as much, Online Medical Card has the right to suspend or terminate your account and your use of the Site. You may have as many active Secure User accounts on the Site as you choose at any given time, and only you may use your designated accounts to access the Site, and you may not use anyone else’s account at any time. With the exception of parents and legal guardians acting on behalf of minor Qualifying Patients in accordance with the laws and regulations of the respective Medical Cannabis State, you may not make any request for a Patient Recommendation on behalf of any other individual with an Online Medical Card account or otherwise at any time.
You also agree to promptly notify Online Medical Card of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Site by emailing Online Medical Card at [email protected]. In addition, you agree to exit from your Secure User account at the end of each session. Online Medical Card explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Our Site requires users to give us unique identifiers in order to log into many areas of the Site. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the Site, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology.4 In addition, Online Medical Card takes steps to protect the user data we collect against unauthorized access.
However, you should keep in mind that the Site and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.
You must exercise caution, good sense, and sound judgment in using the Site. You are prohibited from violating or attempting to violate the security of the Site. Any such violations may result in criminal and/or civil penalties against you. Online Medical Card may investigate any alleged or suspected violations and if a criminal violation is suspected whether, in regards to the Site or your procurement of a Patient Recommendation, Online Medical Card will cooperate with law enforcement agencies in their investigations.
Credit Transactions As part of the services on the Site, Online Medical Card facilitates your payment of certain fees to Licensed Health Care Providers and, with the exception of cannabis in any form whatsoever, may also offer Online Medical Card products and services for your purchase from time to time through the Site, however, the only accepted form of payment on the Site is by certain major credit cards; cash will not be accepted. When you pay by credit card, you hereby authorize Online Medical Card to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same becomes due and payable. In the event that your credit card expires or Online Medical Card is otherwise unable to debit the applicable amounts from your credit card, Online Medical Card shall provide notice to you, whereupon you shall immediately furnish Online Medical Card with a valid credit card for payment. Your request for services through the Site will not be fulfilled until full payment has been received and/or verified.
Payment, Cancellation, & Refunds
Payment is due at the time of the appointment. Payment covers the fee for the consultation, PDF recommendation document and / or approval letter digitally delivered by email. Only for the state of California will the hard copy and photo ID cards if ordered be sent to the customer’s address provided by customer by regular mail and there is no tracking number. Please let us know if you need a special delivery service and there is an extra charge too. For all states other than California only PDF documents and / or approval letters will be emailed, no hard copy or photo ID card will be sent by mail. These are not applicable on every order; each state is different). Optional add-ons are also available at added costs. We accept payments via the following methods i.e., credit and debit cards.
Service and Product Delivery: This is a medical consultation service and like any service when it’s done it cannot be returned. The medical marijuana card (physician medical marijuana / cannabis recommendation) is a digital product and is delivered by email. When the PDF file of the medical marijuana card and / or an approval letter is delivered successfully to the email address the customer provided on the application then it means that customer has received the service and product.
Cancellation: For the reason of legality and authenticity, to cancel an order customer must send us a cancellation in writing from the same email address customer provided through the application. Cancellation can only be done before the doctor provides consultation. No cancellation and refund will be processed if the doctor has done the consultation and approved you and you have received a digital copy of physician recommendation or / and approval letter by email.
Refunds: If a customer cancels an order as per our terms before the service has been provided the refund will be done, and it will take 5-7 business days for the refund to be back to your bank or card account.
Please note that we don’t provide refunds to customers who changed their minds after successfully receiving the medical marijuana recommendation letter. We only offer a 100% refund if not evaluated, not approved by the doctor, or have not received a digital copy within one week (CA only) of the order/purchase; No refund will be processed if your medical marijuana recommendation is approved, and you have received a digital copy or approval letter by email.
Refund is carried out solely at our discretion. For more information regarding cancellation and refunds, contact us via email. The final say in the issuance of a medical marijuana card lies solely with the doctor or medical professional.
Limited License and Site Access; All Rights Reserved
The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of the Site, but not to download (other than for page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of the Online Medical Card without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent. We (or the respective third-party owners of Content) retain all right, title, and interests in the Site and any Content and features offered on the Site, including any and all intellectual property rights.
We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
Intellectual Property Rights
Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of Online Medical Card or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of Online Medical Card and is protected by the U.S. and international copyright laws. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization Online Medical Card or any applicable third-party suppliers.
The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Online Medical Card. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Online Medical Card does not warrant or represent that your use of Content or any other materials displayed on the Site will not infringe the rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization, or any other rights of the persons, products or landscape portrayed in the provided Content. Online Medical Card is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless Online Medical Card from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use. Certain trademarks on the Site are the service marks and trademarks of Online Medical Card or its licensees.
The domain name for the Site, the Online Medical Card logo, and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Online Medical Card. All other trademarks, service marks, trade dress, product names, company names, or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Online Medical Card.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Site, must be obtained from Online Medical Card or the owner of the appropriate rights in advance; otherwise, such use is prohibited.
Requests for such authorization from Online Medical Card should be submitted via email to [email protected]. All design rights, databases, compilation, and other intellectual property rights associated with the Site, in each case whether registered or unregistered and related goodwill, are proprietary to Online Medical Card.
Notice and Procedure for Making Claims of Intellectual Property Infringement
Online Medical Card respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Online Medical Card asks our users to do the same. Online Medical Card, therefore, employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States
