EFFECTIVE: 30 SEPTEMBER 2020
YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE UTILIZING THE AMERICAN CARE, INC. WEBSITE www.americancare.com (“Website”). Your use of the Website constitutes your agreement and acceptance of the terms. American Care, Inc. (“American Care”) may modify these terms and conditions as well as discontinue, withdraw, replace or change any content, products or services offered via the Website at any time, and such modifications shall be effective immediately upon posting on, or modification of, the Website. Your continued access and use of the Website thereafter constitutes your agreement and acceptance of the modifications. You agree to review the Terms periodically to be aware of such modifications. From time to time American Care may offer Website users the opportunity to participate in additional features or services through the Website. You may be required to enter into additional agreements and authorizations before you can access and use such features and services. If you do not agree with the terms you are not authorized to use this Website and must terminate your access and use of this Website immediately.
This Agreement assumes that you wish to utilize the Website to access the services and functionality provided by it. If the foregoing is not true do not accept this Agreement because your license to use the Website is limited to use in conjunction with these terms and conditions.
In consideration of the promises and the mutual obligations of the parties set forth herein, and for other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows:
- Website and Intellectual Property. This Website may be propriety work of American Care or may be the propriety work of third parties who have granted American Care the right to publish the Website. The marks www.americancare.com and the American Care, Inc. logo are trademarks and/or service marks of American Care. All rights not expressly granted herein are reserved. No interest or right to use any American Care trademarks is acquired by using the Website or purchasing any American Care products or services. The Website also may contain trademarks owned by various third parties. Nothing contained on this Website or in these terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of American Care or its third party licensors, or such other third parties that may own the particular intellectual property. The content and design of the Website is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with American Care. You understand and agree that title to these materials shall not pass to you or any other user.
You understand and agree that www.americancare.com website and any services, content or information contained on or provided by the Website is provided on an “as is” basis. www.americancare.com does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose, all of which are hereby expressly disclaimed) with regard to the Website or any merchandise, information or content provided through the Website. In addition, www.americancare.com does not guarantee that use of Website will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses or worms, and you understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output.
- License to Access Website. American Care hereby grants to User a limited, non-exclusive, non-transferable, non-assignable license to access the website. User is responsible for ensuring that User has appropriate hardware, software, and connectivity to enable the Website to function in accordance with the documentation for the Website. User is solely responsible for ensuring that User’s use of the Website is in keeping with the rights granted herein. User is responsible for exercising appropriate care in all respects when using the Website so as to ensure User’s wellbeing and security and the wellbeing and security of those around User.
The website is intended for use by individuals 18 years of age or older. This Website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Website.
You agree that you will not:
- upload or transmit any communications or content of any type that may infringe or violate any rights of any party
- use this Website for any purpose in violation of local, state, national or international laws
- use this Website as a means to distribute advertising or other unsolicited material to any third party
- use this Website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
- attempt to disable, “hack,” send viruses or otherwise interfere with the proper functioning of this Website
- send false or misleading information
- if you use any part of the Website requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You shall not allow any third party to use your account or password.
- you may not tamper with the Website, commit unauthorized intrusion into any part of Website or use the Website to intrude into any other Website. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, udp flooding, ping-flooding, half-open tcp connection flooding, etc.) Are prohibited.
- Reservation of Rights and Termination of Use. American Care reserves all rights not expressly granted in Section 2 of this Agreement. Except as provided therein, User may not copy, use, sublicense, modify, adapt, or create derivative works of the Website or related documentation or remove any copyright or other propriety rights notices. American Care reserves the right to suspend or terminate access by any User accessing the Website if such use represents a breach of the terms and conditions to this Agreement, without prejudice to any other remedies available to American Care. All rights granted herein are a license, not a sale. Other than the rights licensed to User hereunder, User has no other implied license or right of any kind regarding the foregoing. User shall not itself, and shall not permit any other party to, directly or indirectly, in whole or in part, sublicense, distribute, lease, make available as a service bureau or otherwise allow any third parties any right or access to the Website; disassemble, decompile, decrypt, or reverse engineer, or otherwise attempt to discover or replicate source code for the Website. User acknowledges and agrees that American Care owns and retains all rights existing from time to time in any jurisdiction under copyright law, patent law, moral rights law, trade secret law, confidential information law, trademark law, unfair competition law or other similar rights (“Proprietary Rights”) in Website, documentation, any training materials and any copies, modifications, adaptations, derivative works, and enhancements thereof, by whom ever produced. User agrees that any threated or actual breach of American Care Proprietary Rights by User shall constitute immediate, irreparable harm to American Care for which monetary damages is an inadequate remedy and for which equitable remedies may be awarded by a court of competent jurisdiction without requiring American Care to post any bond or any other security (or if a court shall require a bond, then a bond in no amount above U.S. $1,000). Nothing contained herein shall limit either party’s right to any remedies at law, including the recovery of damages or breach of this Agreement.
American Care may, in its sole discretion, terminate your account or your use of the Website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
American Care reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice. American Care further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
- Permitted Use of the Website. American Care grants User access to make personal use of the Website and not to download (other than page caching) or modify the Website, or any portion of it, except with tools provided by the Website or with the express written consent of American Care. User is not permitted to sell access to the Website or any of its contents. User is not permitted to make or establish a derivative use of the Website or its contents; or download or copy any information for the benefit of another party – except as my otherwise be allowed by the Website (e.g. parent/guardian/minor relationship). Use of data mining, robots, or similar data gathering and extraction tools is prohibited. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
- Prohibited Acts. User is prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for the User or logging onto a server or an account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Agreement or in violation of applicable law. Violations of system or network security may result in civil or criminal liability. American Care will investigate occurrences that may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of American Care or third-party providers without express written consent. You may not use any meta tags or any other “hidden text” utilizing American Care’s name or trademarks without the express written consent of American Care. Any unauthorized use terminates the permission or license granted by American Care. You may not use any American Care logo or other proprietary graphic or trademark as part of a link or otherwise without express written permission.
- Services. The Website provides access to the following information and services:
- Making and tracking appointments; and
- Information related to American Care, Inc.
The Website is not intended to provide remote diagnostic medical services. Also, the following limitations apply:
- No remote based triage and treatment requests. Diagnosis can only be made and treatment rendered after the patient schedules and SEES the doctor;
- No emergent communications or services. Any emergent condition should be seen by urgent care, emergency department, or 911; and
- No request for narcotic pain medication will be accepted or request for re-fill medication not currently being treated by the physician.
- Accuracy and Integrity of Information. Although American Care attempts to ensure the integrity and accurateness of the Website and its content, it makes no representations, warranties or guarantees as to the correctness or accuracy of the Website and Content. It is possible that the content could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website or content by third parties. In the event that an inaccuracy arises, please inform American Care so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, American Care shall have no responsibility or liability for information or content posted to the Website from any health care provider or third party that is not a part of American Care, Inc.
- General Warranty Disclaimer. AMERICAN CARE, INC. AND ITS HEALTH CARE PROVIDERS DO NOT WARRANT THAT ACCESS TO OR USE OF THE Website WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN Website WILL BE CORRECTED. THE Website, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY Website-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. AMERICAN CARE, INC. AND ITS HEALTH CARE PROVIDERS SPECIFICALLY DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE Website. AMERICAN CARE, INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE Website. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THE WEBSITE , Website-RELATED SERVICES, AND THIRD-PARTY LINKS. AMERICAN CARE, INC. DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, MALWARE, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. USER IS RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY USER’S NEEDS FOR DATA BACK UP AND SECURITY. USER AGREES THAT AMERICAN CARE, INC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY USE OF THE Website. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USER’S USE OF THE Website AND OF THE INTERNET.
- Limitation of liability regarding use of the Website. AMERICAN CARE, INC. AND ANY THIRD PARTIES ASSOCIATED WITH THE Website ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE Website, Website-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE Website, AND/OR ANY THIRD-PARTY LINK, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE Website, Website-RELATED SERVICES, AND/OR THIRD-PARTY LINKS IS TO STOP USING THE Website AND/OR THOSE SERVICES. User agrees to defend, indemnify and hold American Care, Inc. harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by American Care, Inc. arising out of User’s use or access of the Website, or access by anyone accessing the Website using User’s UserID and password. If User has any basis for recovering damages from American Care, Inc. or their affiliates or third parties, User agrees by his or her use of the Website that User can only recover damages up to fifty dollars ($50). NOTE: Some or all of these limitations or exclusions may not apply to User if User’s state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
- Third Parties. Third party health care providers, payers, publishers and distributors may own or make available parts of the Content found on the Website. American Care is not responsible for their content or the privacy practices of the third parties. American Care recommends that User review the privacy and security policies of such third parties prior to use of their content. Any questions, complaints, or claims related to any such information, services or products should be directed to the appropriate third party.
The Website may contain links to other sites operated by third parties, including but not limited to third party sites that may display the American Care trademarks (“third party Website,” “third party sites”). These links are available for your convenience and are intended only to enable access to these third-party sites and for no other purpose.
- Jurisdiction and Governing Law. You agree that any dispute or claim (including personal injury claims) related to your use of the Website is subject to the exclusive jurisdiction of Florida and will be adjudicated pursuant to the laws of Florida. These terms also apply to anyone claiming on your behalf.
- Miscellaneous. You represent, warrant and covenant that you shall not use the Website in any location or for any person or purpose that would violate US Export control laws or any other applicable laws. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and American Care as a result of your agreement with these terms or use of the Website or the purchase or use of any American Care products or services. If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the terms as revised shall continue in effect. Unless otherwise specified herein, these terms constitute the entire agreement between you and American Care with respect to the Website and the information provided via the Website and the purchase or use of any American Care products or services purchased via the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and American Care with respect to the Website. As used herein, “affiliate” means any person or entity directly or indirectly controlling or having the power to control, or controlled by or being under common control with another person or entity. For this purpose, “control” means the direct or indirect possession of power to direct or cause the direction of the management or policies of such party, whether through ownership or stock or other securities, by contract or otherwise. Ownership of more than fifty percent (50%) of the beneficial interest of an entity shall be conclusive evidence that control exists. A printed version of these terms and of any notice given in electronic form shall be admissible in any legal proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.