Terms of Use

Please read these terms of use carefully; to use this Website and the CareHive Applications you Must Agree to These Terms of Use.

Welcome to CareHive. CareHive Health Inc., operates and provides the interactive CareHive.com website (the “Website”) and our proprietary interactive web and mobile applications (collectively, the “CareHive Application”) to you and the other users (the “Users”) on behalf of CareHive Health Inc. Use of the Website, the CareHive Application, and any other products and services provided by CareHive (collectively with the Website and the CareHive Application, the “Services”) is governed by these terms and conditions (the “Agreement”). Please read the terms and conditions of this Agreement carefully before accessing or using any of the Services. Throughout this Agreement, CareHive may also be referred to as “we” or “us.”

BY CLICKING “I AGREE”, DOWNLOADING THE CAREHIVE APPLICATION, ACCESSING OR USING THE WEBSITE, THE CAREHIVE APPLICATION OR THE SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT, (B) YOU CAN LEGALLY ENTER INTO THIS AGREEMENT, (C) YOU ARE AT LEAST 18 YEARS OF AGE AND (D) YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND CAREHIVE’S CONSENTS, ASSIGNMENT AND RELEASE FORM, and PRIVACY POLICY (Collectively PARTNER CONSENT TO TREAT) AS POSTED AND ACCESSIBLE THROUGH OUR CAREHIVE APPLICATION OR WEBSITE AT THE TIME OF YOUR ACCESS OR USE AND TO USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, OUR PRIVACY POLICY (https://carehive.com/privacy-policy), AND ANY ADDITIONAL TERMS AND CONDITIONS THAT ARE REFERENCED HEREIN OR THAT OTHERWISE MAY APPLY TO SPECIFIC FEATURES OF THE SERVICES (ALL OF WHICH ARE DEEMED PART OF THIS AGREEMENT). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE CAREHIVE APPLICATION OR ANY OF THE OTHER SERVICES.

Call 9-1-1 For an Emergency

Our Website and the CareHive Applications do not provide medical services or advice. We do not provide medical services or advice through our Non-Clinical Services. IF THIS IS A MEDICAL EMERGENCY, CALL 911 OR PROCEED TO YOUR NEAREST EMERGENCY ROOM! Do not use our Services if you are experiencing a life-threatening emergency, loss of consciousness, cessation of breathing, difficulty breathing, chest pain, stroke symptoms, poisoning or overdose, head injury, uncontrolled bleeding, or other medical emergency.

About the Information on this Website, the CareHive Applications and Our Non-Clinical Services.

Much of the information provided on the Website, the CareHive Applications and by our representatives providing Non-Clinical Services, relates to services we provide on behalf of our business or organizational customers and Medical Providers; such information is for your general educational information only. Information you read on the Website or CareHive Applications, or receive from our Non-Clinical Services representatives cannot replace the relationship that you have with your health care professional. CareHive Health is not a Medical Services provider and does not provide medical advice; any advice you receive from us should not be considered medical advice. You should always talk to your medical provider for diagnosis and treatment. Health information changes quickly; therefore, it is always best to confirm information with your Medical Provider.

All medical services, including video, telephonic and in-person consultations for diagnosis and treatment of medical conditions (the “Medical Services”) are provided by the physicians and other healthcare providers (e.g., licensed advanced practitioners such as physician assistants or nurse practitioners, registered nurses). All Medical Services, the delivery of which are facilitated through CareHive Applications such as our telehealth or CareHive360 applications, are provided by Medical Providers. You agree that CareHive Health may communicate your personal information to the CareHive Medical Groups and other Medical Providers in connection with your use of the Services to (a) connect you with Medical Providers, and (b) to facilitate your Medical Providers in providing you Medical Services.

Privacy

Your privacy is important to CareHive. Our collective goal is to make the Services as good, useful and rewarding for you as possible. In order to do that, CareHive may collect and process information from you when you use any of The Services. CareHive will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy and the Notice of Privacy Practices. By accessing and using any of the Services, you agree that CareHive may collect, use and disclose, as set forth in the Privacy Policy and the Notice of Privacy Practices, the information you provide during your access to or use of the CareHive Application or any of the other Services, and in some cases information that is provided by or through the CareHive Application or any of the other Services from CareHive. For details, see our Privacy Policy at https://carehive.com/privacy-policy and the Notice of Privacy Practices at https://carehive.com/notice-of-privacy-practices/.

When using the CareHive Application or any of the other Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Website, the CareHive Application and the other Services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into this Agreement.

Links to Other Websites

This Website or the CareHive Applications may contain links to websites not operated by CareHive. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including their privacy policies or statements.

CareHive Services

CareHive is designed to offer information and a means to enable you to obtain Medical Services by facilitating the connection between you, physicians, and the other healthcare providers and services (each, a “Medical Provider” and collectively, the “Medical Practice/”) through the use of the CareHive Application and the other Services. For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to our CareHive Application, Website and related content and services and does not refer to any Medical Services that Users may receive from the Medical Practice.

CareHive shall not be liable for any professional advice from a Medical Provider that is provided to a User in-person, via telephone, or through the CareHive portal and platform, nor for any information obtained through our Website or CareHive Application. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures.

Please consult with your regular licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend, or initiate any change in your medical treatment, medication routine, or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.

You will be required to enter into separate agreements with the Medical Practice providing you with medical services (“Physician Agreements”). CareHive is not responsible for any issues you may have with respect to the Medical Practice’s or a Medical Provider’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Medical Practice or Medical Provider. If there is any dispute between you and the Medical Practice or a Medical Provider regarding the Medical Services or any Physician Agreements, you and CareHive and/or a Medical Provider shall resolve any such dispute directly between yourselves and CareHive shall have no responsibility or liability regarding any such dispute.

Your Feedback, Comments and Ideas

We are pleased to receive feedback, comments and ideas from Users of our Services and visitors to our Website. However, any such feedback, comments and ideas that you submit to us, whether through the Services or otherwise, will be considered non-personal, non-confidential, and non-proprietary (other than personal information as defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through the Services, you grant CareHive an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose.

Using Our Services and CareHive-Enabled Medical Providers’ Medical Services

To use our Services, including use of our Services in order to access Medical Services, you must provide us with certain information, such as your name, address, date of birth, and insurance information (if applicable). You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time.

You may only access the Services using authorized means. It is your responsibility to check to ensure that you have downloaded the correct CareHive Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the CareHive Application for your device.

By using our Services, including using our CareHive Applications to schedule an appointment with a Medical Provider, you represent and warrant to us that:

• You will only use the CareHive Application and the other Services for your sole, personal use (or for a minor of whom you are the parent, guardian or legal representative) and you will not resell them to a third party;
• You will not copy, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the CareHive Application or any of the other Services to any third party in any way;
• You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party;
• You will not use the CareHive Application or the other Services for any purpose in violation of local, state, federal or international laws; You will not use the CareHive Application or the other Services as a means to distribute advertising or other unsolicited material to any third party;
• You will not impersonate another person;
• You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
• You will comply with all applicable third party terms of agreement when using the CareHive Application or the other Services (e.g., your wireless data service agreement);
• You will ensure that no unauthorized person shall have access to your mobile device or your CareHive passwords or accounts;
• You will promptly notify us in the event that your CareHive passwords or accounts have been compromised;
• You will not assign or otherwise transfer your account to any other person or entity;
• You will not try to harm the CareHive Application or the other Services or impair the proper operation of the network in any way whatsoever;
• You will provide us with whatever proof of identity we may request;
• You will not decipher, decompile, disassemble, reverse engineer, modify, translate or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the CareHive Application or any of the other Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
• You will not, directly or indirectly, design, build or develop a competitive product or service;
• You will not, directly or indirectly, design, build or develop a product or service using similar ideas, features, functions or graphics of the CareHive Application or any of the other Services;
• You will not copy any ideas, features, functions or graphics of the CareHive Application or any of the other Services;
• You will not reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to the CareHive Application or any of the other Services or any part thereof;
• You will not copy, disclose, or distribute any data or other information available on the CareHive Application or any of the other Services in any medium, including without limitation, by any automated or non-automated “scraping;”
• You will not interfere with, circumvent or disable any security or other technological features or measures of the CareHive Application or any of the other Services or attempt to gain unauthorized access to any of the Services or its related systems or networks;
• You will not make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including Medical Providers) of any of the other Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
• You will not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the CareHive Application or any of the other Services; and
• You will not use the CareHive Application or any of the other Services for any unlawful or inappropriate activities, such as violence, transmission of deceptive messages, or harassment.

We reserve the right to immediately terminate your use of the CareHive Application and the other Services should you fail to comply with any of the foregoing restrictions.

You are free to establish a hypertext link to our Services so long as the link does not state or imply any sponsorship of your website or service by us or by our Services. However, you may not, without our prior written permission, frame or inline link any of the content of our Services, or incorporate into another website or other service any of our material, content or intellectual property.

Mobile Terms of Use

CareHive may utilize mobile phone or SMS options as a part of the services offered. Your use of the services constitutes your agreement to the overall terms and conditions of the Terms of Use as well as the terms and conditions of the mobile terms of use. We may modify or cancel the service or any of its features without notice. To the extent permitted by applicable law, we may also modify these terms at any time and your continued use of the services following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to the service, you agree to receive recurring SMS/text messages from and on behalf of CareHive through your wireless provider to the mobile number you provided. If your mobile number is registered on any state or federal Do Not Call list, but you then opt-in to our service, you are agreeing to receive text messages and superside your prior decision to be placed on the Do Not Call list. You may opt-out of the service at any time. Text the single keyword command STOP or click the unsubscribe link in any text message to cancel. No further messages will be sent to your mobile device unless initiated by you.

For service support or assistance please email [email protected]

You are responsible for any mobile and data charges that you may incur for using the CareHive Application or any of the other Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the CareHive Application or any of the other Services. Message and data rates may apply. Message frequency will vary. If you would like assistance or to stop receiving text messages, please email [email protected]

Our Right to Use User-Provided Content

We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a fully paid-up, royalty-free, perpetual, irrevocable, transferrable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose so long as it does not violate our Privacy Policy or any applicable law (the “Content License”). Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

You acknowledge that CareHive only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User-Provided Content and the consequences of posting or publishing any User-Provided Content.

Violators of these third-party rights may be subject to criminal and civil liability. CareHive reserves all rights and remedies against any Users who violate these terms.

You agree to indemnify and hold harmless CareHive, CareHive’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the CareHive Application or any of the other Services by you or by others using your account.

Intellectual Property Ownership

The Website, the CareHive Applications and the other CareHive Health Services are owned or licensed by CareHive Health. The visual interfaces, graphics, design, content and copy, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website, the CareHive Applications and the other Services provided by CareHive Health (the “Elements”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Provided Content that is provided and owned by Users, all Elements contained on the Website, the CareHive Applications or the other Services are the property of CareHive Health or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to CareHive Health or its affiliates and/or third party licensors. Except as expressly authorized by CareHive Health, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Elements. CareHive Health reserves all rights not expressly granted in this Agreement. CareHive Health aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of CareHive Health, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without the prior written permission of CareHive Health.

If you use the Elements on our Services in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use our Services. Title to the materials remains with us, our licensors, or the authors of the Elements. All rights not expressly granted are reserved.

Application License

Subject to your compliance with the terms and conditions of this Agreement, CareHive grants you a limited, non-exclusive, non-transferable, freely revocable license (a) to download and install a copy of the CareHive Application on your desktop or laptop or a mobile device that you own or control and to run such copy of the CareHive Application solely for your own personal use and (b) to access and use the Website, the CareHive Application and the other Services to the extent and in accordance with this Agreement.

Our web-based CareHive Application is automatically updated by CareHive. You will be notified of updates to our mobile-based CareHive Application from the app store from which you downloaded our mobile CareHive Application (the “App Store”). You may be able to adjust your device’s settings or take other actions that would allow automatic updates from your applicable App Store.

Modification of this Agreement

CareHive reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time by posting the amended Agreement to the Website, the CareHive Application or any of the other Services. If CareHive updates this Agreement, it will update the “last updated” date at the top of this Agreement. Please check this Agreement, including any Policies, periodically for changes. Your continued use of the CareHive Application or any of the other Services or to receive Medical Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to this Agreement materially modifies your rights or obligations (including applicable fees), CareHive will make reasonable efforts to notify you of such change. CareHive may provide notice through a pop-up or banner on the Website or within any of the other Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Agreement materially modifies your rights or obligations, CareHive may require you to provide consent by accepting the changed Agreement. If CareHive requires your acceptance of the changed Agreement, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by CareHive, such changed Agreement or fees will automatically be effective, replacing the previously-effective Agreement or fees, thirty (30) days after they are initially posted on the Website or any of the other Services. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE, THE CAREHIVE APPLICATION AND THE OTHER SERVICES.

To the extent that any modifications to this Agreement or Policies are not allowed under applicable laws, the prior most recent version of the Agreement or Policies shall continue to apply.

Geo-Location Functionality

The Services include and make use of certain functionality and services provided by third parties that allow CareHive to include maps, geocoding, places and other location content as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to the current Terms of Use for the specific third-party location software and by using the Geo-Location Services, you are agreeing to be bound by those terms.

Disclaimer

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the Medical Providers that you may connect with through the Website, the CareHive Application or any of the other Services. We also do not warrant or guarantee that files that may be available for downloading through any of the Services will be free of infections, viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.

We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the CareHive Application and the other Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of any of the Services. Users of any of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR ANY OF THE SERVICES, THE WEBSITE, THE CAREHIVE APPLICATION AND THE OTHER SERVICES ARE PROVIDED “AS IS” AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE, THE CAREHIVE APPLICATION AND THE OTHER SERVICES AND WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE WEBSITE, THE CAREHIVE APPLICATION OR THE OTHER SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER MEDICAL SERVICES THAT YOU MAY OBTAIN FROM MEDICAL PROVIDERS THAT YOU CONNECT WITH THROUGH ANY OF THE SERVICES), INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE ANY OF THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE WEBSITE, THE CAREHIVE APPLICATION OR THE OTHER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE RECOURSE FOR DISSATISFACTION WITH ANY OF THE SERVICES IS TO STOP USING THEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF THE CAREHIVE PARTIES OR THROUGH THE WEBSITE, THE CAREHIVE APPLICATION OR THE OTHER SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL CAREHIVE OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY, THE “CAREHIVE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH ANY OF THE SERVICES OR ANY SERVICES PERFORMED BY ANY MEDICAL PROVIDERS THAT YOU CONNECT WITH THROUGH THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE MEDICAL PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE MAXIMUM LIABILITY OF THE CAREHIVE PARTIES FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT, THE WEBSITE, THE CAREHIVE APPLICATION AND THE OTHER SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF CAREHIVE WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT (A) CAREHIVE HAS OFFERED THE WEBSITE, THE CAREHIVE APPLICATION AND THE OTHER SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, (B) THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CAREHIVE, AND (C) THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CAREHIVE. CAREHIVE WOULD NOT BE ABLE TO PROVIDE ANY OF THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

Indemnification

You agree to indemnify and hold harmless CareHive, and each of its affiliates, directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Website, the CareHive Application or any of the other Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such an event, you agree to provide us with such cooperation as is reasonably requested by us. CareHive will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Promotions and Offers

We may, as part of our Services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. We reserve the right to send particular promotions to particular users and other individuals through the CareHive Application and the other Services. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy; provided, however, that we will not use your personal information for our promotions or for our marketing of products without your prior written consent. Notwithstanding the foregoing, you agree that CareHive may communicate your personal information to CareHive in connection with the Medical Services. Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.

CareHive is not responsible for any unauthorized promotions and offers offered by third parties through the Website or the CareHive Application.

Modifications to, or Discontinuation of, the Services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of any of the Services or any portion thereof.

Governing Law and Dispute Resolution

THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. EACH OF THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THE WEBSITE, THE CAREHIVE APPLICATION OR THE OTHER SERVICES.

PLEASE REVIEW THIS ARBITRATION AGREEMENT AS IT AFFECTS YOUR LEGAL RIGHTS.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CAREHIVE (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, THE CAREHIVE APPLICATION, OR THE OTHER SERVICES, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER RELATED DISPUTES AND YOU AND CAREHIVE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND CAREHIVE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any such arbitration shall be held in Austin, TX and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf or on behalf of any minor of whom you are their parent, guardian, or legal representative of such minor.

NEITHER YOU NOR CAREHIVE WILL PARTICIPATE IN A CLASS ACTION OR CLASSWIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CAREHIVE INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if CareHive is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.

In the event that this agreement to arbitrate is found not to apply to you or your claim, you and CareHive agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the applicable procedural rules of, the federal or state courts of Travis County, TX. Both you and CareHive irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, CareHive may bring a claim for equitable relief in any court with proper jurisdiction.

This arbitration agreement will survive the termination of your use of the Website, the CareHive Application or any of the other Services or your relationship with CareHive.

All claims that you bring against CareHive must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, CareHive may recover attorneys’ fees and costs up to $15,000, provided that CareHive has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to this Agreement, the Privacy Policy, the CareHive Application or any of the other Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRIVACY POLICY, THE CAREHIVE APPLICATION OR ANY OF THE OTHER SERVICES, ANY PRODUCT OR OTHER SERVICES, ANY CONTENT OR YOUR RELATIONSHIP WITH CAREHIVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

If you have a dispute with any other Users (including CareHive or any Medical Provider) or other third parties, you release CareHive and the other CareHive Parties from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Miscellaneous

This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and does not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, disclaimers, limitation of liability and governing law and disputes.

DISCLOSURES

The Website, the CareHive Applications and the other Services are offered by CareHive Health Inc, located at: PO BOX 4317, Dept. 615, Houston, Texas 77210 and email: [email protected]. CareHive Health may deliver notice to you by email, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with CareHive Health. You may deliver notice to CareHive Health by First Class U.S. Mail or email to us at the above address and email.

If you are a California resident, you may have this same information emailed to you by sending a letter to CareHive Health Inc, PO BOX 4317, Dept. 615, Houston, Texas 77210 with your email address and a request for this information.

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-254 or (800) 952-5210.

Last Revised: January 05, 2024