Terms & Conditions
Effective Date: 2026-01-16
Please read these Terms and Conditions (“Terms”) carefully before using the website mdcarenow.org and the services provided by Awan M.D., Inc. dba MDCareNow (“MDCareNow,” “we,” “us,” or “our”). These Terms govern your access to and use of the website and telehealth services (the “Service”). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Definitions
“You” or “User” means the individual accessing or using the Service.
“PHI” means Protected Health Information as defined by HIPAA.
“Content” means content you submit to the Service, including text, images, audio, and video.
2. Eligibility
You must be at least 18 years old to use the Service. MDCareNow does not provide services to minors. By using the Service you represent that you are 18 or older and have authority to agree to these Terms.
3. Medical disclaimer
Information on the Site is for general informational purposes and not medical advice. Use of the Service, including telehealth consultations, does not create a physicianpatient relationship unless and until MDCareNow accepts you as a patient per our intake process. Telehealth services have limitations (no handson exam, possible technical failures). For emergencies call 911 or go to the nearest emergency department.
4. Scope of services
MDCareNow provides limited-scope outpatient telehealth services. We do not prescribe controlled substances, certain weightloss controlled medications, or manage nonurgent chronic conditions requiring inperson care. Providers are licensed in California and clinical decisions are made by those providers.
5. Billing and payment
MDCareNow operates a hybrid billing model. Some services may be billed to your health insurance when permitted and authorized by you; other services may be provided on a cashpay basis. By authorizing insurance billing, you permit MDCareNow to disclose necessary clinical information to process claims. You are responsible for copays, deductibles, coinsurance, and amounts your insurer denies. For cashpay visits payment is due at the time of service. We may provide a receipt or “superbill” upon request to assist with insurance reimbursement. Refunds will not be provided after a consultation has begun, except as required by law or MDCareNow policy.
6. Appointments, cancellations, and refunds
Appointments must be scheduled per site instructions. Cancellation and rescheduling policies are posted at mdcarenow.org. No refunds once a consultation has started. For billing disputes contact admin@mdcarenow.org.
7. Intellectual property
All content on the Site is owned by MDCareNow or its licensors and is protected by law. You are granted a limited, nonexclusive, nontransferable license to access and use the Site for personal, noncommercial purposes. You may not reproduce, distribute, modify, or create derivative works without prior written permission.
8. User Content
If you submit content to the Service, you represent you own the rights to that content and that it does not violate any law or thirdparty rights. By submitting Content you grant MDCareNow a limited, nonexclusive, royaltyfree, worldwide license to use, reproduce, modify, and display the Content solely to operate and provide the Service (including for clinical records and quality improvement). You may request removal of nonclinical Content; clinical records are maintained per medical record retention obligations.
9. Privacy and PHI
Use of the Service involves collection and use of PHI and other personal information. Our Privacy Policy and Notice of Privacy Practices (NPP) describe how we collect, use, disclose, and protect PHI and personal information. The Privacy Policy is available at mdcarenow.org. For HIPAA/Privacy requests contact admin@mdcarenow.org.
10. Prohibited conduct
You agree not to:
- use the Service unlawfully or to harass, harm, or defraud others;
- engage in data scraping, data mining, or automated extraction;
- interfere with or disrupt the security or operation of the Service;
- impersonate another person or misrepresent your affiliation with any person or entity.
11. Disclaimers
The Service is provided “as is” and “as available” without warranties of any kind. MDCareNow disclaims all implied warranties to the fullest extent permitted by law, except where prohibited.
12. Limitation of liability
MDCareNow and its officers, directors, employees, and agents will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Service. MDCareNow’s aggregate liability for direct damages arising from these Terms will not exceed the total fees paid by you to MDCareNow in the 12 months preceding the claim. Nothing in these Terms limits liability for gross negligence, willful misconduct, or other liabilities that cannot be limited under applicable law.
13. Indemnification
You agree to indemnify and hold MDCareNow harmless from claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms or your violation of law.
14. Arbitration
Mutual agreement to arbitrate: Any dispute concerning medical malpractice (whether services were unnecessary, unauthorized, improperly, negligently, or incompetently rendered) will be resolved by binding arbitration under California law rather than by jury or court trial, except as California law allows judicial review of arbitration.
Scope: Applies to disputes arising out of or related to care, treatment, services, communications, or billing with MDCareNow, including professional negligence, personal injury, or wrongful death.
Right to rescind: You may rescind the arbitration agreement by sending written notice within 30 days of signing to admin@mdcarenow.org. Rescission is effective upon receipt and applies prospectively to disputes arising after rescission.
Arbitration rules: Arbitration will be conducted under the rules of a mutually agreed arbitration provider (for example, JAMS or AAA) and under California law. Each party will bear its own nonadministrative costs; administrative fees will be allocated as required by applicable law. The arbitrator may award any relief available under California law, including attorney’s fees where authorized. The arbitrator’s award is final and binding, subject to judicial review allowed by law.
15. Assignment
MDCareNow may assign or transfer its rights and obligations under these Terms. You may not assign these Terms without MDCareNow’s prior written consent.
16. Severability
If any provision is found invalid under applicable law, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
17. Changes to Terms
We may modify these Terms at any time by posting an updated version with a new effective date. Continued use after changes constitutes acceptance. We recommend you review the Terms periodically.
18. Governing law and jurisdiction
These Terms are governed by the laws of the State of California without regard to conflict of law principles. Except for matters subject to arbitration, you submit to the exclusive jurisdiction of the state and federal courts located in California for disputes not subject to arbitration.
19. Contact
For questions about these Terms, contact admin@mdcarenow.org or mail: Awan M.D., Inc. dba MDCareNow, 1401 21st St #14317, Sacramento CA 95811.
