IF THIS IS A MEDICAL EMERGENCY, CALL 911 OR PROCEED TO YOUR NEAREST EMERGENCY ROOM! DO NOT USE OUR SERVICES, THE CAREHIVE APPLICATION OR THE MEDICAL 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.
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.”
CareHive is not a medical services provider and does not provide any medical services. All medical services, including telephonic and in-person consultations and treatment for common 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) of CareHive . CareHive is an independent medical practice.
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.
To access and use the Website, the CareHive Application and/or any of the other Services, including scheduling an appointment with CareHive, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON OR DOWNLOADING THECAREHIVE APPLICATION, ACCESSING OR USING THE WEBSITE, THE CAREHIVE APPLICATION OR ANY OF THE OTHER SERVICES, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THIS AGREEMENT, (B) YOU CAN LEGALLY ENTER INTO THIS AGREEMENT AND (C) YOU HAVE READ AND UNDERSTAND AND, YOU REPRESENT THAT:
YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CAREHIVE APPLICATION OR ANY OF THE OTHER SERVICES;
YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CAREHIVE AND CAREHIVE ; AND
YOU WILL COMPLY WITH THE TERMS OF THIS AGREEMENT AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS.
YOU ARE AWARE THAT YOU ARE RESPONSIBLE FOR THE DISPATCH FEE, ANY COPAYS AND OTHER AMOUNTS NOT COVERED BY YOUR INSURANCE.
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”), including CareHive’s refund policy. All such Policies are hereby incorporated by reference into this Agreement.
What Services does CareHive Provide?
CareHive is designed to offer information and a means to enable you to obtain Medical Services by facilitating the connection between you and physicians and the other healthcare providers and assistants (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.
Through our innovative technology, CareHive can generally provide a Medical Provider to your door and on-demand on the same day or the next day. CareHive provides a platform for CareHive that provides non-emergency general adult and pediatric healthcare services in the comfort and convenience of a patient’s home, office, or workplace, (“House Calls”) allowing the Medical Providers to diagnose and deliver medical treatments in-person to adults or children. CareHive performs thorough background checks on its Medical Providers who are physicians to ensure that they are in current good standing with the Texas medical board, as well as on any other health care providers (e.g., physician assistants and nurse practitioners) and assistants working at the Medical Practice or accompanying the Medical Providers during the House Calls.
The Medical Services, including House Calls may be provided by physicians or other healthcare providers as determined by CareHive using good medical judgment.
The Medical Providers are not employees of CareHive. Employees of CareHive do not provide any Medical Services to Users and take no part in your medical diagnosis and/or treatment. CareHive shall not be liable for any professional advice from a Medical Provider that is provided to a User in-person or via telephone, 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. You acknowledge that your reliance on any Medical Providers that promote themselves on the Website or through the CareHive Application or any of the other Services or information provided by such Medical Providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
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”). Physician Agreements may include, but are not limited to, consents to treat, arbitration agreements, privacy policies, medical services consents, and nondisclosure 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 CareHivee 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.
Using the CareHive Application and the other Services
To use the CareHive Application and the other Services, you must provide us with certain information, such as your name, address, date of birth, credit card information, and insurance information (if applicable).
You have to reside in a jurisdiction in which we offer the Services and CareHive offers the Medical Services.
The CareHive Application is designed to enable you to send a request for non-emergency medical consultation services to a Medical Provider. The GPS receiver – which should be installed on the mobile device on which you have downloaded the CareHive Application – detects your location. The CareHive Application charges you a dispatch fee (the “Dispatch Fee”) and schedules your service on behalf of a Medical Provider. The current Dispatch Fee can be found on the Website. The CareHive Application introduces you to the Medical Provider whom you have requested and sends a message relaying that request to that Medical Provider. The Medical Provider will review your information which may include a phone call to obtain additional information before accepting or rejecting your request. The Medical Provider has the right to reject your request for services for any reason, except as prohibited by applicable law. We do not guarantee the availability of a Medical Provider in your area nor do we guarantee that a Medical Provider will be able to treat your particular condition.
Your Use of the Services
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 for any reason or no reason.
If you are using the Services on behalf of a minor, you agree to be present during the Medical Provider’s visit with the minor, and you agree that you are responsible for payment of the Medical Services provided to the minor and are assuming the obligations of this Agreement as they relate to the minor. If you are using the Services on behalf of a minor, you are confirming that you are the parent, guardian, or legal representative of such minor.
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 accessing or using the CareHive Application or any of the other Services, you further agree 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 and Data Charges
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.
Our Right to Use User-Provided Content
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. By uploading and publishing your User-Provided Content, you represent, and warrant that: (a) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize CareHive to use and distribute the User-Provided Content as necessary to exercise the Content License; (b) your User-Provided Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (c) your UserProvided Content does not contain any viruses, adware, spyware, worms, or other malicious code. 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.
You will be charged the Dispatch Fee when you use the CareHive Application or the other Services to schedule an appointment with a Medical Provider. The Dispatch Fee is not covered by insurance, and it is paid directly to CareHive. The Dispatch Fee allows us to provide the technology and convenience of the CareHive Application and the other Services.
The rates that apply for the telephonic or in-person Medical Services provided by the Medical Providers can be found on the Website and through the CareHive Application. These may be modified or updated from time to time without advance notice. It is your own responsibility to remain informed about the current rates for the medical services made available through the Website or the CareHive Application.
CareHive shall, on behalf of the Medical Provider, charge you for the Medical Services provided to you by that Medical Provider. You agree that you will pay for all Medical Services that you receive from the Medical Provider, and that CareHive may charge your credit card account, as provided by you when registering for the Services, for the Medical Services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing CareHive with a valid credit card account for payment of all fees at all times.
ALL PAYMENTS ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, INCLUDING THE REFUND POLICY, THE WEBSITE OR REQUIRED BY LAW.
If you will be using health insurance, you will be asked to present your current insurance card at the time of your visit. If your insurance card has a co-payment indicated, we will charge that amount to your credit card at the time of your visit. If no co-payment is specified on your insurance card, you may be required to make a partial payment for the Medical Services rendered.
We will file an initial claim based upon the insurance information that you have provided to us. Under state law, your insurance company has 30 days in which to process and pay the claim, request more information, or deny the claim and notify us of the decision. If they have denied the claim in whole or in part, or not notified us at all within 45 days of the date of service, then any unpaid balance will be your responsibility and must be paid no later than twenty (20) days after notification from CareHive of such denial or the failure to notify. CareHive shall be entitled to charge any such balance to your credit card account.
I UNDERSTAND THAT I AM RESPONSIBLE FOR ANY AMOUNT NOT COVERED BY INSURANCE, AND HEREBY AGREE TO PAY AS SPECIFIED BELOW
CareHive will submit your claim(s) for services provided by CareHive to your insurance company.
1. We expect full payment from your insurance company within forty-five (45) days of the date of service. If your insurance denies or fails to pay for our services you will be billed. Your account balance remains your responsibility.
2. Under our Courtesy Insurance Billing Program, we will ask your insurance company to pay us directly; however, some insurance companies may pay the patient instead. If this occurs, you should sign the check over to CareHive and mail it with the insurance company’s explanation of benefits and the stub from the monthly statement that you will receive from us.
3. You must notify us IMMEDIATELY of any changes occurring with your insurance company (i.e. change of coverage, change of billing address, etc.), as well as any address or phone number changes pertaining to yourself.
4. You will continue to receive a monthly statement until payment in full is received from you and/or your insurance company.
Finally, by accepting our terms you are stating that you have read the above information and understand all aspects of the program. You understand that you will be responsible for any amount not paid by your insurance company. You also understand that you are responsible for any co-pays, co-insurance, deductibles, out of pocket, and noncovered services.
Intellectual Property Ownership
The Website, the CareHive Application and the other Services are owned and operated by CareHive. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website, the CareHive Application and the other Services provided by CareHive (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 Application or the other Services are the property of CareHive or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to CareHive or its affiliates and/or third-party licensors. Except as expressly authorized by CareHive, 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 reserves all rights not expressly granted in this Agreement. CareHive aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of CareHive, 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.
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 modify 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.
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.
The Services are solely designed to enable you to obtain the Medical Services by facilitating the connection between you and the Medical Providers. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. Any information contained in the Services should not be relied upon as the basis of any health-care decision. None of the Services constitute the practice of any medical, nursing or other professional healthcare advice, diagnosis or treatment.
NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH THE CAREHIVE APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THE CAREHIVE APPLICATION AND THE OTHER SERVICES TO TRY TO CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.
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 APPLICATON 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 THE GREATER OF (A) THE AMOUNTS THAT YOU HAVE PAID CAREHIVE DIRECTLY (E.G., THE DISPATACH FEE BUT EXCLUDING ANY AMOUNTS PAID TO CAREHIVE, INCLUDING INSURANCE PAYMENTS, ETC.) IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) 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.
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 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
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.
Notice for Claims of Copyright Violations – Digital Millennium Copyright Act
It is CareHive’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, as modified from time to time. If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
- a description of the copyrighted work that you believe has been infringed;
- a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on the Website, the CareHive Application or any of the other Services;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our Copyright Agent at the following address:
5307 Hwy. 290W, Bldg. B, Ste.1
Austin, TX 78735
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others. In addition, CareHive accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
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 CONSUMERRELATED DISPUTES AND YOU AND CAREHIVEHEREBY 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 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.
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.”
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.
The Website, the CareHive Application and the other Services are offered by CareHive located at: 5901 Vega Avenue, Suite 100, Austin, Texas 78735 and email: [email protected]. The Medical Services are offered by CareHive Health Inc. located at: 5901 Vega Avenue, Suite 100, Austin, Texas 78735 and email: [email protected].
If you are a California resident, you may have this same information emailed to you by sending a letter to CareHive Health Inc. 5901 Vega Avenue, Suite 100, Austin, Texas 78735 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) 445-1254 or (800) 952-5210.
Last Revised: July 15th, 2021.
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