Terms of Agreement
Care@Home Corporation is a company that offers a service that allows Professionals to provide medical services to individuals via home visits and telemedicine encounters through a unique platform. Your agreement to the following Terms and Conditions is necessary for the use of Care@Home services. PLEASE READ THE AGREEMENT BELOW CAREFULLY, AS IT CONSTITUTES A LEGAL ARRANGEMENT BETWEEN YOU AND Care@Home. By accessing, using, or viewing the services, you validate your agreement to be bound by these Terms and Conditions. These Terms expressly supersede prior agreements or arrangements with you. Care@Home reserves the right to terminate these Terms or any Services with you in part or full at any time for any reason. The Terms below supersede any prior agreements with you or your representatives. Care@Home may find it necessary to addend or amend these Terms from time to time. In this situation, the changes to Terms are effective upon being posted. Your written objection to the alterations in terms can be communicated with Care @Home via letter post dated prior to 30 days of the effective date of revision of the terms. The communication must include your full name and detailed explanation of objection to the amended Terms. The letter can be mailed to PO Box 280 Ponchatoula, LA 70454. Accordingly, rejecting changes to Terms does not invalidate your established agreement to terms and conditions with Care@Home. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.
Occasion may arise that may necessitate supplemental Terms such as regional disclosures. Supplemental Terms will be considered effective upon posting. These Supplemental Terms will be considered to be additive to the original terms and conditions agreed upon. Your continued use of the services will constitute agreement to the supplemental terms and conditions. In the event that supplemental terms appear to conflict with original Terms of Service, the supplemental terms will override the original agreement.
- As stated previously, Care@Home provides a service via an application and other services that allow for Medical professionals to provide medical care to individuals through a unique platform. Importantly, Care@Home, Inc. is a unique administrative and technology provider that owns the Care@Home application. Care@Home, Inc. has entered into contracts with third party providers that provide non-emergent patient visits and telemedicine at the location of the patient’s choice. Pursuant to its contract with third-Party Practices/Providers, Care@Home does not provide health care, nor does it refer or recommend any physician, medical practice, or any other health care provider or personnel.
- Your membership may be revoked at any time and for any reason without notice. Medical care is not provided by Care@Home, but by third party contractors. Your Acknowledgement of terms confirms your understanding that Care@Home is not a Medical Provider. Furthermore, Care@Home cannot be held responsible for the individual actions of its third-party contractors. In addition to your agreement to these terms, you recognize that our third-party contractors often have their own terms/conditions of service. One must abide by terms of service of all third-party providers including Apple and Google companies. These(Apple and Google) third party partners are not part of this contract and are not responsible for support of Care@Home services in any way.
- WARNING….Care@Home APPLICATION AND SERVICES ARE NOT MEANT FOR EMERGENCY MEDICAL SITUATIONS. DO NOT USE Care@Home SERVICES OR APPLICATION TO SEEK HEALTH CARE SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING A SEVERE ALLERGIC REACTION/ANAPHYLAXIS, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, EXPERIENCING A BEHAVIORAL HEALTH EMERGENCY, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. IN THIS CASE, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY
- As a result of your compliance with these terms and registration with Care@Home, you will be granted a conditional, limited, revocable, non-transferable and non-exclusive license to use Care@Home applications. You will be granted access on your personal device to applications and services from Care@Home, Inc. The primary account holder must be 18 years or older. By agreement to these terms, you are stating that you are 18 years or older. Your agreement in no way allows you license to or ownership of any intellectual property including, but not limited to trademarks, logos, code, trade secrets, or other materials that you would not otherwise have access to without Care@Home services. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- Although health care providers will generally be available daily from 1700 CST until 2359 CST, these hours are dependent on provider availability. There will be times that providers will be unavailable. Services are provided on an as available basis. Care@Home in no way guarantees service availability or that a provider will be available to make a house call in your area. Types of Services given in your area can be found on www.careathomeco.com.
- Furthermore, specific equipment may be necessary to provide the necessary services. While equipment is regularly restocked, there may be times in which specific services (i.e. suturing, IV infusions, corticosteroid injections) will temporarily be unavailable due to a depleted supply.
Conduct/Use of Services
- Use of Care@Home services requires that you register, maintain, and regularly update a user account. This account will contain personal information as well as Personal Health information (PHI). This includes you name, date of birth, address, valid method of payment, past medical history, past surgical history, social history, family history, medications, allergies, and present medical information. You agree to maintain your account with accurate and up to date information. Additionally, you understand that your care can be negatively affected if any information that you provide is inaccurate. You agree to maintain the security and secrecy of your username and password. Failure to comply with maintenance of security or up-to-date information may result inability to access or use Care@Home Services. You are responsible for your account activity including any access to your account to edit, update, or request medical care on family member profiles. Photo identification may be requested to confirm your identity by a provider at any time at the providers discretion.
- As a patient using the Care@Home application, you will be responsible for the monthly-established price for services in addition to the cost of each individual home or telemedicine visit. You agree to contractually honor prices for general services, telemedicine visits, and home visits by your registration with Care@Home. Costs are determined on a regional and resource basis. Therefore, cost will differ by location. Fees for telemedicine and/or home care services rendered will be collected at the time of the service. At the time of registration, you are agreeing to provide payment for twelve months of general services. Payment will be collected monthly. All payments will be collected via Care@Home approved payment method. This contract will automatically renew if Care@Home is not notified in writing of your intention to discontinue services at least 20 days prior to the expiration of the twelve-month term originally established. All sales are final. You agree to pay charges through Care@Home payment portal upon entering payment information.
- All payments will be paid to Care@Home directly. Care@Home may at time pay third party contractors for Services rendered from collected payments. In any case, you agree to pay Care@Home directly. You agree not to pay providers for services outside of use of the approved payment platform provided by Care@Home.
- Care@Home has a no refund policy. This no refund policy will apply to dissatisfaction, intent to terminate services, or any other reason unless deemed appropriate by Care@Home.
- In the event of termination of Services, Care@Home will collect the remainder of outstanding fees for the current agreed upon twelve-month period.
- Care@Home reserves the right to change, revise, or edit pricing. In this occurrence, you will be given the option to continue services or continue your current contract at the date of revision.
- Be agreement to terms of services with Care@Home, you voluntarily consent and agree to submit any and all disputes, claims, controversies relating to the matter of Care@Home platform, services, or application which the Parties may now have or which the Parties may have in future with Care@Home to final and binding arbitration under the arbitration rules set forth in the “Arbitration Rules” of the state in which services are performed. With agreement to terms stated in the contract, you agree to bring any claim that you may have against Care@Home on an individual basis. This will preclude you from bringing or participating in any class, consolidation, collective, or representative action against Care@Home in Arbitration. Furthermore, with this agreement you are in contractual obligation to handle disputes through arbitration and not in a court of law.
- In disputes of <10,000 USD arbitration will by performed with documents, evidence, and information provided by the individual and Care@Home only.
- The Parties agree to retain the services of an arbitrator for this purpose. If the parties cannot reach an agreement of an arbitrator within 10 days of receiving a written notice of intent to arbitrate, One will be determined by the mutual agreement of both parties legal counsel. The Parties agree to pay the Arbitrator for each session of arbitration.The Parties understand and agree that the Arbitrator shall not be held liable to any of the Parties for any act or omission arising directly or indirectly out of or in connection with the services being provided by him as an arbitrator, unless the arbitrator is shown to have acted in bad faith.All arbitrations covered by this Agreement shall be adjudicated in accordance with the state or federal law which would be applied by a United States District Court.This is the complete agreement of the parties on the subject of arbitration of disputes, except for any arbitration provision contained in any pension or benefit plan.
The undersigned acknowledges and agrees that he/she is executing this Agreement voluntarily and without any duress or undue influence by Care@Home or anyone else.
- If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
- You will defend, indemnify, and hold Care@Home including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Care@Home Platform and participation in the our Services (i) your breach of this Agreement or the documents it incorporates by reference; (ii) your violation of any law or the rights of a third party, including, Providers, employed personnel, and Care@Home representatives as a result of your own interaction with such third party; (iii) any allegation that any materials that you submit to us or transmit through the Care@Home platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (iv) your ownership, use or operation of a motor vehicle or participation in patient Care; and/or (v) any other activities in connection Care@Home services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limits of liability:
- YOU ACKNOWLEDGE AND AGREE THAT Care@Home, Inc. NOR ITS INVESTORS SHALL BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE Care@Home APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE Care@Home APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE Care@Home APPLICATION OR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Care@Home APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE Care@Home APPLICATION; OR (F) ANY OTHER MATTER RELATING TO THE Care@Home APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL Care@Home’s TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, Care@Home’s LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW
- The Care@Home Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Lyft Platform and/or the Care@Home Services, including the ability to provide medical Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
- Our third-party providers reserve the right to refuse services for any reason and under any circumstances. This includes but is not limited to potentially unsafe conditions in getting to or providing services at the selected location, lack of medical necessity, and rude or obscene behavior from the patient.
- We do not warrant that your use of the Care@Home Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Care@Home Platform will be corrected, or that the Care@Home Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Care@Home Platform or Services.
- We cannot guarantee that each patient/provider is who he or she claims to be. Please use common sense when using the Care@Home Platform and Services, including looking at the photos of the Provider or Patient that you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Care@Home Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Provider or Patient prior to engaging in an arranged transportation service.
- Care@Home is not responsible for the conduct, whether online or offline, of any User of the Care@Home Platform or Services. You are solely responsible for your interactions with other Users. By using the Lyft Platform and participating in the Rideshare Services, you agree to accept such risks and agree that Lyft is not responsible for the acts or omissions of Users on the Care@Home Platform or participating in the Services.
- You are responsible for the use of your User account and Care@Home expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
- Opinions, advice, statements, offers, or other information or content concerning Care@Home or made available through the Care@Home Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Care@Home Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Care@Home Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
- Location data provided by the Care@Home Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Care@Home, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Care@Home Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Care@Home Platform may be accessible to Care@Home and certain Users of the Care@Home Platform.
- Care@Home advises you to use the Care@Home Platform with a data plan with unlimited or very high data usage limits, and Care@Home shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Care@Home Platform.
- This paragraph applies to any version of the Care@Home Platform that you acquire from the Apple App Store or Google Play Store (Google Play). This Agreement is entered into between you and Care@home. Apple, Inc. (“Apple”) nor Google Play are parties to this Agreement and shall have no obligations with respect to the Care@Home Platform. Care@Home, not Apple/Google Play, is solely responsible for the Care@Home Platform and the content thereof as set forth hereunder. However, Apple, Google Play, and their respective subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and Google Play shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
- While Care@Home puts great effort into maintaining confidentially and privacy of all contents within the Care@Home Platform, It is conceivable that others could obtain information about you that you provide, publish or post to or through the Care@Home Platform (including any profile information you provide), send to other Users, or share with providers during Care@Home Services, and use such information to harass or harm you. Nonetheless, Care@Home has taken the usual steps to provide an appropriately secure environment for Personal Health Information (PHI) stored through an electronic means. We are not responsible for the use of any personal information that you disclose to other Users on the Care@Home Platform or Services. We advise that you do not disclose your login/user account information to others. Patient doctor confidentiality applies to all health care information that you supply. Additionally, your PHI will only be shared with providers, business partners, and teams for the purposes of providing and improving health care. We in no way sell or distribute your contact, personal health information, or other details that you provide confidentially to your provider or Care@Home.
- For the safety of all involved and for quality assurance of Care@Home, all visits may be recorded by Care@Home. This recording is in no way a part of the permanent medical record and may be discarded after prompt review by Care@Home. Your agreement to these terms constitutes your agreement to be recorded.