Terms of Use
1. INTRODUCTION AND ACCEPTANCE
Volare Health LLC, and its subsidiaries and affiliated entities (“Company”, “we”, “us”, and “our”) offers you access to its online website, including any related site, services or functionality (collectively, “Website”). These Terms and Conditions of Use, together with our Privacy Policy [CR1] and any additional terms that apply to specific services as set forth on the Website, (collectively “Terms of Use”) govern your use of our Website.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE IN ANY WAY YOU ARE AGREEING TO BE LEGALLY BOUND BY AND TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT; ADDITIONAL TERMS” SECTION BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OUR WEBSITE.
2. INTELLECTUAL PROPERTY
Our services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, urls, technology, documentation, and interactive features included with or available through our services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our services or any Service content. Any rights not expressly granted in these Terms of Use are expressly reserved.
3. ACCESS AND USE
A. Careers Site. Our Career Site is hosted by a third party, ADP. Your use of our Career Site may be subject to your agreement to certain third-party privacy or other terms. In such instances, we will provide you notice of this in the Privacy Policy or other applicable terms posted in the service. By using the Career Site, you agree to all such third-party terms.
B. Send a Note. The Send a Note application on our Website allows you to send a personal online note to a person you know resides in one of our facilities. We will never confirm or deny through our Website that any individual is or is not a resident or patient in one of our facilities. If you use the Send a Note functionality, you agree that we take no responsibility for the correct delivery of any message you send. You also agree to comply with these Terms of Use, including our Privacy Policy, with respect to any content you send in a message through Send a Note.
C. Contact Us. The Contact Us application on our website may be used to request a tour of one of our facilities, or to request information or express and interest in the services provided by our facilities, including short-term care, long-term care, hospice, respite or other care. When you provide personal information through this Contact Us application, you agree that it is subject to our Privacy Policy and the other provisions of these Terms of Use.
D. Acceptable Use. When using our Website, you agree to comply with all applicable federal, state, and local laws. You further agree to cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit website content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install or print Website content. In this case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Website content. You acknowledge that Company reserves the right to discontinue the Website, in whole or in part, at any time. Furthermore, except as expressly permitted in these Terms of Use, you may not:
i. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Website;
ii. circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any Website content;
iii. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the website or its content for any purpose without our express written permission. notwithstanding the foregoing, company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. company reserves the right to revoke these exceptions either generally or in specific cases;
iv. collect or harvest any personally identifiable information or non-personally identifiable information from our website including, without limitation, usernames, passwords, email addresses;
v. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
vi. attempt to or interfere with the proper working of, or impair, overburden, or disable, our website;
vii. decompile, reverse engineer, or disassemble any portion of our website;
viii. use network-monitoring software to determine architecture of or extract usage data from our website;
ix. encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity;
x. violate U.S. Export Laws, including, without limitation, violations of the export administration act and the export administration regulations administered by the Department of Commerce; or
xi. engage in any conduct that restricts or inhibits any other user from using or enjoying our website.
4. PROMOTIONAL MESSAGES
Our services may include sending you promotional e-mails/newsletters. These are typically recurring message programs that, upon registration, result in messages being automatically sent to you until you unsubscribe via the “unsubscribe” feature provided in the footer of our emails. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, e-mail address, mobile number, etc.). Our use of the information you provide is governed by our Privacy Policy.
5. USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, “submit”) document or .pdf files, messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). User content includes but is not limited to any information you submit through our Contact Us or Send a Note applications. You grant us the right to store, display, and make available such User Content consistent with the functionality of the services provided to you. You retain all right, title, and interest in your User Content, except for the rights expressly granted in these Terms of Use. You represent and warrant that you (a) will comply with all applicable laws and will ensure your User Content so complies; and (b) will not submit any User Content which infringes or misappropriates any third-party intellectual property rights, including without limitation any trade secret rights.
6. WEBSITE CONTENT & THIRD-PARTY LINKS
A. Purpose. We provide our Website and its content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Website content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website content.
B. Health claims. Any health-related content on our Website is not intended to be a substitute for professional medical advice. Company does not warrant the validity of any such health-related statements found on or through our Website. All such information is general in nature and may be helpful to some people but not others, depending upon their personal needs. You should always consult with your physician and should never disregard professional medical advice, or delay in seeking it, because of something you have read on or through our Website.
C. Third-Party Links. Our services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
7. INDEMNIFICATION
You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Company Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (a) your use of our Website; (b) User Content provided by you or on your behalf; (c) any actual or alleged violation or breach by you of these Terms of Use; (d) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (e) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations under these Terms of Use.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (A) WARRANTIES THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR WEBSITE OR WEBSITE CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR WEBSITE; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE; (F) WARRANTIES THAT YOUR USE OF OUR WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN OUR WEBSITE OR WEBSITE CONTENT WILL BE CORRECTED.
9. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE INCLUDING, WITHOUT LIMITATION, WEBSITE CONTENT IS TO STOP USING OUR WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF GOODS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR ANY LINKS PLACED IN OUR WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR ANY LINKS PLACED IN OUR WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING OUR WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ALL OF THE COMPANY PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS, IF ANY, RECEIVED FROM YOU BY COMPANY DURING THE PRECEDING TWELVE-MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. TERMINATION
We reserve the right in our sole discretion and at any time to terminate or suspend or block your use of our Website for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Company is not liable to you or any third party for any termination or suspension of your use of our Website.
Any suspension or termination of your use of our Website shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your access to our Website shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under “miscellaneous.”
11. CHOICE OF LAW; JURISDICTION; Venue; jury trial and class waiver
These Terms of Use shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of laws rules. Any legal proceedings against Company that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state or federal courts applicable to Wilmington, Delaware and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
TO THE EXTENT ALLOWED BY LAW, (A) EACH PARTY WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING; and (b) EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
12. DISPUTE RESOLUTION & MANDATORY ARBITRATION
A. Notice. We and you (each a “party” and together “the parties”) each agree to first contact the other party with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at Volare Health LLC, Attention: Legal Department [insert email]. We will contact you based on the contact information you have provided us.
B. Arbitration. IF AFTER 30 DAYS, THE PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE RAISED UNDER SECTION 12(A) ABOVE, THE DISPUTE MAY ONLY BE SUBMITTED TO ARBITRATION CONSISTENT WITH THIS SECTION 12. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
Both parties agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not parties to these Terms of Use, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
Each party is entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
C. Exception to Arbitration. Either party may bring qualifying claims in small claims court.
13. MISCELLANEOUS
A. Amendment. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Website generally, or use of one of our Website applications, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website, or notification by email. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our services following any modification of these Terms of Use, or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Website.
B. Waiver. No waiver by either party of any breach or default under these terms of user shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these terms of use are for convenience only and shall not be given any legal import.
C. Enforceability. Except where specifically stated otherwise, if any part of these terms of use is unlawful or unenforceable for any reason, both parties agree that only that unlawful part of the terms of use shall be stricken and that the remaining terms in the terms of use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that unenforceable provision and that the remaining terms of these terms of use shall remain in force.
D. Interpretation. The section headings used in these terms of use are for convenience only and shall not be given any legal import. “Including” shall mean “including, without limitation” in all instances.
E. Translation. Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy, or additional terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.
F. Entire Agreement. These Terms of Use (including the Privacy Policy and any additional terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter of these terms of use and supersede all previous written or oral agreements between the parties with respect to that subject matter.
G. Assignment. You may not assign these Terms of Use or assign any rights or delegate any obligations under these terms of user, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights under these terms of use without your consent and without notice.
14. SMS TERMS & CONDITIONS
1. SMS Consent Communication:
The information (phone numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
2. Types of SMS Communications:
If you have consented to receive text messages from Volare Health, you may receive messages related to the following:
- Appointment reminders
- Follow-up messages
- Billing inquiries
3. Message Frequency:Message frequency may vary depending on the type of communication. For example, you may receive up to five SMS messages per week related to your appointments/billing, etc.
4. Potential Fees for SMS Messaging:
Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.
5. Opt-In Method:
You may opt in to receive SMS messages from Volare Health by submitting an online form.
6. Opt-Out Method:
You can opt out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.
7. Help:
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us by emailing info@volarehcm.com or calling 270-336-1050.
- Additional Options:
- If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.
8. Standard Messaging Disclosures:
- Message and data rates may apply.
- You can opt out at any time by texting “STOP.”
- For assistance, text “HELP” or visit our Privacy Policy and Terms and Conditions pages.
- Message frequency may vary