ProtectMyCollegeStudent.com (“PMCS”) is a registered trademark of BMPR USA, LLC, an
authorized reseller of MDLIVE, Inc’s telemedicine services.
PMCS provides a personalized subscription service (“membership”) that allows our members to
access the services (“services”) of MDLIVE, Inc.
• MDLIVE is not an insurance product or a prescription fulfillment warehouse.
• MDLIVE does not replace the existing primary care physician relationship.
• Medical services rendered by your physician are subject to their professional judgment.
• MDLIVE operates subject to state regulation and may not be available in certain states.
• MDLIVE does not guarantee that a prescription will be written.
• MDLIVE physicians do not prescribe DEA controlled substances, non-therapeutic drugs
and certain other drugs which may be harmful because of their potential for abuse.
• MDLIVE physicians reserve the right to deny care for potential misuse of services.
• MDLIVE phone consultations are available 24/7/365, while video consultations are
available during the hours of 7 am to 9 pm, 7 days a week or by scheduled availability.
• MDLIVE and the MDLIVE logo are registered trademarks of MDLIVE, Inc. and may not be
used without written permission.
Personal identifying information is subject to our Privacy Statement, the terms of which are
incorporated herein. Please review our Privacy Statement to understand our practices.
services provided by MDLIVE, Inc.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7
TO RESOLVE ANY DISPUTES WITH PMCS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS
1.1. Your PMCS membership subscription to the service will continue and automatically renew until
terminated. To use PMCS services you must have Internet access and provide us with one or more
Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be
updated from time to time and which may include payment through your account with a third party.
You must cancel your membership before it renews in order to avoid billing of the membership fees for
the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer several membership plans, including special promotional plans or memberships
offered by third parties in conjunction with the provision of their own products and services. We are not
responsible for the products and services provided by such third parties. Some membership plans may
have differing conditions and limitations, which will be disclosed at your sign-up or in other
communications made available to you. You can find specific details regarding your membership by
visiting our website and clicking on the “Account” link.
2. Free Trials
2.1. Your PMCS membership may start with a free trial. The duration of the free trial period of your
membership lasts will be specified during sign-up and is intended to allow new and certain former
members to try the service.
2.2. Free trial eligibility is determined by PMCS at its sole discretion and we may limit eligibility or
duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account
on hold if we determine that you are not eligible. Members of households with an existing or recent
PMCS membership are not eligible. We may use information such as device ID, method of payment or
an account email address used with an existing or recent PMCS membership to determine eligibility.
2.3. We will charge the membership fee for your next billing cycle to your Payment Method at the end
of the free trial period and your membership will automatically renew unless you cancel your
membership prior to the end of the free trial period. To view the applicable membership price and end
date of your free trial period, visit our website and click the “Billing details” link on the “Account” page.
3. Billing and Cancellation
3.1. Billing Cycle. The membership fee for the PMCS service and any other charges you may incur in
connection with your use of the service, such as taxes and possible transaction fees, will be charged to
your Payment Method on the specific billing date indicated on your “Account” page. The length of your
billing cycle will depend on the type of subscription that you choose when you sign-up for the service.
Membership fees are fully earned upon payment. In some cases your payment date may change, for
example if your Payment Method has not successfully settled or if your paid membership began on a
day not contained in a given month. Visit our website and click on the “Billing details” link on the
“Account” page to see your next payment date. We may authorize your Payment Method in anticipation
of membership or service-related charges through various methods, including authorizing it up to
approximately one month of service as soon as you register.
3.2. Payment Methods. To use the PMCS service you must provide one or more Payment Methods. You
authorize us to charge any Payment Method associated to your account in case your primary Payment
Method is declined or no longer available to us for payment of your subscription fee. You remain
responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration,
insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the
service until we have successfully charged a valid Payment Method. For some Payment Methods, the
issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the
processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. You can update your Payment Methods by going to the “Account”
page. We may also update your Payment Methods using information provided by the payment service
providers. Following any update, you authorize us to continue to charge the applicable Payment
3.4. Cancellation. You can cancel your PMCS membership at any time, and you will continue to have
access to the PMCS service through the end of your billing period. To cancel, go to the “Account” page
on our website and follow the instructions for cancellation. If you cancel your membership, your
account will automatically close at the end of your current billing period.
3.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans
or adjust pricing for our service or any components thereof in any manner and at any time as we may
determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms
of Use, any price changes or changes to your subscription plan will take effect following notice to you.
3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used
periods. Following any cancellation, however, you will continue to have access to the service through
the end of your current billing period. At any time, and for any reason, we may provide a refund,
discount, or other consideration to some or all our members (“credits”). The amount and form of such
credits, and the decision to provide them, are at our sole and absolute discretion. The provision of
credits in one instance does not entitle you to credits in the future for similar instances, nor does it
obligate us to provide credits in the future, under any circumstance.
4. PMCS Service
4.1. You must be 18 years of age to become a member of the PMCS services.
4.2. You agree to use PMCS services, including all features and functionalities associated therewith, in
accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or
download, reproduce, distribute, modify, display, perform, publish, license, create derivative works
from, offer for sale, or use content and information contained on or obtained from or through the PMCS
services. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the
content protections in the PMCS services; use any robot, spider, scraper or other automated means to
access the PMCS services; decompile, reverse engineer or disassemble any software or other products
or processes accessible through the PMCS services; insert any code or product or manipulate the
content of the PMCS services in any way; or use any data mining, data gathering or extraction method.
In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to
interrupt, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment associated with the PMCS services, including any software viruses or
any other computer code, files or programs. We may terminate or restrict your use of our service if you
5. Passwords and Account Access
5.1 The member who created the PMCS account and whose Payment Method is charged (the “Account
Owner”) has access and control over the PMCS account and is responsible for any activity that occurs
through the PMCS account. You are responsible for updating and maintaining the accuracy of the
information you provide to us relating to your account. We can terminate your account or place your
account on hold in order to protect you, PMCS or our partners from identity theft or other fraudulent
6. Disclaimers of Warranties and Limitations on Liability
6.1. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PMCS, BMPR USA,
L.L.C., OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR
LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
7. Arbitration Agreement
7.1. If you are a PMCS member in the United States (including its possessions and territories), you and
PMCS agree that any dispute, claim or controversy arising out of or relating in any way to the PMCS
or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to
very limited review by courts. Arbitrators can award the same damages and relief that a court can award
and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory
interpretation and enforcement of this provision, and that you and PMCS are each waiving the right to a
trial by jury or to participate in a class action. This arbitration provision shall survive termination of this
Agreement and the termination of your PMCS membership.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to PMCS, by
certified mail, a written Notice of your claim (“Notice”). The Notice to PMCS must be addressed to:
General Counsel, BMPR USA, L.L.C., 13762 West State Road 84, Suite 53, Davie, FL, 33325 (“Notice
Address”). If PMCS initiates arbitration, it will send a written Notice to the email address used for your
membership account. A Notice, whether sent by you or by PMCS, must (a) describe the nature and basis
of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If PMCS and you do not
reach an agreement to resolve the claim within 30 days after the Notice is received, you or PMCS may
commence an arbitration proceeding or file a claim in small claims court.
7.3. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the
American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by
the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-
7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All
issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this
arbitration agreement. Unless PMCS and you agree otherwise, any arbitration hearings will take place
exclusively in Broward County, Florida. The arbitrator’s award shall be final and binding on all parties,
except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an
award of injunctive relief against a party, in which case that party shall have the right to seek judicial
review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the
arbitrator’s application or conclusions of law.
7.4. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be
conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by
an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a
hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the
arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on
which the award is based. If the arbitrator issues you an award that is greater than the value of PMCS ‘s
last written settlement offer made before an arbitrator was selected (or if PMCS did not make a
settlement offer before an arbitrator was selected), then PMCS will pay you the amount of the award or
US$500, whichever is greater. Except as expressly set forth herein, the payment of all filing,
administration and arbitrator fees will be governed by the AAA Rules.
7.5. YOU AND PMCS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and PMCS agree otherwise, the arbitrator may
not consolidate more than one person’s claims with your claims and may not otherwise preside over any
form of a representative or class proceeding. If this specific provision is found to be unenforceable, then
the entirety of this arbitration provision shall be null and void.
of the state of Florida, U.S.A. with venue for arbitration exclusively in Broward County, Florida without
regard to conflict of laws provisions.
8.2. Feedback. PMCS is free to use any comments, information, ideas, concepts, reviews, or techniques
or any other material contained in any communication you may send to us (“Feedback”), including
responses to questionnaires or through postings to the PMCS service, including the PMCS website and
user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or
payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing
and marketing products and creating, modifying or improving the PMCS service. In addition, you agree
not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
8.3. Customer Support. To find more information about our services and its features, or if you need
assistance with your account, please visit the PMCS Help Center on our website. In the event of any
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full
force and effect.
Use. Such revisions shall be effective immediately; provided however, for existing members, such
revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our
agreement with you to any affiliated company or to any entity that succeeds to all or substantially all
our business or assets related to the applicable PMCS services.
8.6. Communication Preferences. We will send you information relating to your account (e.g. payment
authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in
electronic form only, for example via emails to your email address provided during registration. You
agree that any notices, agreements, disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements, including that such communications be