March 7, 2017
- AN AGREEMENT BETWEEN YOU AND US
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND ICARE SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THE FOREGOING SHALL APPLY TO ALL USERS, UNLESS YOU OPT-OUT OF USING THIS WEBSITE, OR UNLESS YOU ARE ASSOCIATED WITH A CERTAIN TYPE OF EXCEPTED DISPUTE, AS DESCRIBED IN SECTION 7 BELOW, TITLED “ARBITRATION.”
- ACCESS AND USE OF THIS WEBSITE
All materials in this Site are made available only to provide information about iCare and its related or affiliated companies.
- No Reimbursement for Services. This Site is offered and available to Users in connection with the purchase or sale of services that are not reimbursed by any state or federal health care program, including but not limited to Medicare and Medicaid. For purposes of clarity, no services shall be offered through this Site to Users who are beneficiaries of any such health care program. Additionally, no services that are received through this Site may be submitted by any User to a federal or state health care program for reimbursement.
- Reliance on Information Posted. We reserve the right to modify the Site in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, We may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place, or decisions You make, on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by You or any other User of the Site, or by anyone who may be informed of any of its contents.
- Use for United States Only. iCare controls and operates this website from its headquarters in Cookeville, Tennessee, United States of America. We make no representation that these materials are appropriate or available for use in other locations outside of the United States. If You use this Site from other locations You are responsible for compliance with applicable United States and local laws. By using this Site, You represent and warrant that You are a lawful User of this Site.
- Links to Third-Party Websites. This Site may contain links to other websites on the Internet, and which are not maintained by iCare. There may also be links to third-party websites presented within the images or the comments posted by other Users of this Site. By providing a link to a third-party website, We are not endorsing or attempting to associate with any other entity. By allowing a User to provide a link, we are not endorsing or attempting to associate with the website to which the User is providing a link.
When You leave this Site, You do so at Your own risk. Other websites are not under Our control, and You acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that iCare, shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, Your reliance on any information, any good, any service, or any other material provided through a third-party website.
- User Accounts.
- To sign up, You must register for an account on the Site (“Account”). You must be at least eighteen (18) years old to register for and maintain an Account on this Site. You are required to create a username and to provide a password when You create an Account. You are required to provide other important contact information. You are required to provide accurate and complete information when you create an Account. You are required to update Your information in order to maintain its accuracy on an ongoing basis. You will be solely responsible for Your Account and for any activity that occurs with Your Account. You are solely responsible for the security of Your Account, including but not limited to, keeping access to Your Account secure, preventing circumvention of access, reporting any breaches within Your Account to Us, and any other applicable security measures.
- Your General Responsibility. You are solely responsible for any activity that takes place with Your Account and for maintaining the confidentiality and security of Your Account information, including passwords. You agree that You will never use another User’s Account for any reason without that User’s prior written permission. You may not transfer or assign Your Account without first obtaining the express, written permission of iCare.
- Your Security Obligations. A User who is provided with, or who has provided during the course of registration, a username, password, or any other piece of information as part of the Site’s security procedures, must treat such information as confidential, and the User must not disclose it to any other person or entity. You acknowledge that Your Account is personal, and You hereby agree not to provide any other person with access to this Site or portions of it using the designated username, password, or other security information required to access Your Account.
YOU FURTHER AGREE TO NOTIFY ICARE IMMEDIATELY OF ANY UNUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY OF WHICH YOU BECOME AWARE. YOU ACKNOWLEDGE THAT THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CASE YOU TO INCUR LIABILITY, WHETHER TO US AND/OR TO OTHER USER(S) OF THIS SITE. YOU AGREE THAT ICARE SHALL HAVE NO LIABILITY FOR THE UNAUTHORIZED USE OF YOUR ACCOUNT.
- Exiting This Site. You agree to exit from Your Account, each time You prepare to leave this Site.
- Deleting Your Account. If, after creating Your Account, You would like to delete the Account and cease using the Site, You may submit to Us a request to delete Your Account by emailing us at email@example.com. Upon deletion, a User will be refunded any monies pre-paid for any amount of time unused and for which services have not been provided.
- Disabling An Account. We, in Our sole discretion, reserve the right to disable or delete any username, password, or Account access, without prior notice.
- Prohibited Uses. As a condition of use of the Site, You represent and warrant that You shall not use the Site for any purpose that is unlawful, illegal, or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
You agree that You shall refrain from any and all of the activity listed below, which is not meant to be an exhaustive list of prohibited uses of this Site, but is merely illustrative of the types of activities and behaviors that are forbidden:
- You agree not to falsify any personal information or otherwise create misleading information.
- You agree not to impersonate or attempt to impersonate iCare, a iCare employee, another User or any other person or entity, or to otherwise engage in fraudulent behavior.
- You agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- You agree not to use any device, software, or routine that could interfere with the proper working of the Site;
- You agree not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
- You agree not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- You agree not to use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- You agree not to post or transmit from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law;
- You agree not to post or transmit to the Site any content that infringes or violates the intellectual property right or the right to privacy of any third party;
- You agree not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent;
- You agree not to download, decompile, reverse engineer, disassemble, or manipulate the Site files or Site software in any manner;
- You agree not to interfere with or disrupt the Site networks or servers;
- You agree not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
- You agree not to use the Site to send unwanted advertising solicitation or spam; or
- You agree not to interfere with iCare or another authorized party’s use and enjoyment of the Site. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate other Users, persons, or entities while using this Site. You shall not create or submit unwanted e-mail, comments, posts, or other forms of communications aimed at harassing any other Users.
- You agree not to post private or confidential information via the Site, including, without limitation, Your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You agree not to use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local, and provincial) applicable to Your use of the Site and any content that You upload to the Site, including but not limited to, copyright laws.
- You agree not to use domain names or web URLs in your username without prior written consent from iCare.
- You agree not to create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You agree not to attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that You receive hereunder.
- You agree not to use, choose, or otherwise select the username that is subject to the rights of another Party, without that Party’s express authorization.
- You agree not to use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
- You agree not to post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You agree to maintain a positive sense of decorum in all of Your interactions with other Users on this Site. You agree to maintain a courteous and professional rapport with other Users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during Your use of this Site.
WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE, OR TO RETAIN THE CONTENT ON THIS SITE, UNLESS OTHERWISE AGREED. Notwithstanding the foregoing, iCare reserves the right, in Our sole discretion, to audit or otherwise monitor any communication transmitted using the Site. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business need of iCare, Inc.
- INTELLECTUAL PROPERTY
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by Us, Our licensors, or other providers of such materials. For purposes of clarity, iCare owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all User Account information entered and stored within Our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We retain all of these intellectual property rights. You may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Site in any form without the prior written consent of iCare.
- Copyright. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without Our prior, express, and written permission.
- Trademark. INTELLECTUAL CARE, iCare, and other marks designated by with ® or with ™ are federally registered, properly filed in specific states, or otherwise properly in use in commerce, and are trademarks or service marks of iCare or its affiliates. For example, iCare owns U.S. Trademark Registration Nos. 4641975 and 4641971. Unauthorized use of any of the iCare marks, logos, pictures, designs, names, or phrases is prohibited by law. All other trademarks which may appear at this Site are the property of the respective trademark owners, and You are not authorized to reproduce any trademarks or service marks without the prior, express written permission of the owner.
The iCare name and logo are trademarks of iCare, and may not be copied, imitated or used, in whole or in part, without the prior written permission of iCare. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of iCare, and may not be copied, imitated or used, in whole or in part, without prior written permission from iCare.
- User-Submitted Content. When You submit comments, ideas, suggestions, photos, graphics, or any image, text, data, video, or audio files, files, information, sounds, musical works, works of authorship, applications, links and other content or materials or any other type of information through this Site, You grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“User-Submitted Content”).
You represent and warrant that You have ownership, authority, or permission to post Your User-Submitted Content. You agree that You will not place any User-Submitted Content onto this Site, in any format, including but not limited to text, image, video, or audio, that You do not own.
FOR PURPOSES OF CLARITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD ANY USER-SUBMITTED CONTENT THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless iCare from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Submitted Content and a third party’s proprietary or intellectual property rights.
A User may not: (a) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, or any other content contained on this Site in any form without prior written consent; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (c) copy, distribute, or reproduce any aspect of this Site or the information contained therein; (d) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works, or improvements of any products, product designs, or Services featured on this Site; or (e) reverse engineer, disassemble, decompile, decode, or adapt any products, product designs, or Services featured on this Site.
- You are prohibited from compiling a list of other users of this Site. If You determine to send another user a single e-mail for the purposes of soliciting the business of that other user, You hereby agree to comply with the CAN-SPAM Act, including the provision of a proper opt-out mechanism.
- BY PROVIDING USER-SUBMITTED SITE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL MATERIAL THAT YOU SUBMIT, AND YOU ASSUME ALL LEGAL OBLIGATIONS RELATING TO YOUR USER-SUBMITTED SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE CONTENT’S APPROPRIATENESS, LEGALITY, AND INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.
- DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ICARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE, SATELLITEMED.INTELLECTUAL.CARE, INFORMATION FOUND ON THIS SITE, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED OR IN CONNECTION WITH THE SERVICES OFFERED IN CONNECTION WITH THE SITE. ICARE DOES NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Site to reconstruct any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT. WE WILL NOT BE LIABLE IF THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.
- LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ICARE FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.
You, alone, acknowledge that You are responsible for any actions You take while on this Site. You recognize that Your use of the Site and any subsequent actions arising from Your use of the Site are taken solely at Your own risk.
IN NO EVENT WILL ICARE, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OR OUR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. FOR PURPOSES OF CLARITY, AND IN NO WAY LIMITING THE FOREGOING, ICARE WILL ALSO NOT BE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
ADDITIONALLY, YOU AGREE THAT ICARE IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, OBSCENE, HARASSING, OR OTHERWISE UNLAWFUL CONTENT OR INFORMATION RESULTING FROM YOUR USE OF THIS SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU FURTHER AGREE THAT YOU SHALL NOT USE THIS SITE IN SUCH A MANNER THAT YOU WILL INCUR ANY DAMAGES, LOSSES, OR INJURIES SUFFICIENT TO CONSTITUTE IRREPARABLE HARM TO YOURSELF. YOU SHALL NOT USE THIS SITE IN SUCH A WAY THAT WOULD OTHERWISE RESULT IN DAMAGES TO YOURSELF THAT WOULD ENTITLE YOU TO AN INJUNCTION AGAINST ICARE OR THE SERVICES OFFERED UNDER THIS SITE. YOU HEREBY AGREE THAT IN NO EVENT SHALL YOU HAVE ANY RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, OR COMMERCIAL EXPLOITATION OF THIS SITE OR ANY RELATED SERVICE ASSOCIATED WITH THIS SITE.
YOU FURTHER AGREE THAT ICARE SHALL RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, and in such case, You agree to cooperate with iCare in the defense of such matter.
This Agreement is governed by the laws of the State of Tennessee without regard to its conflict of laws rules and principles, as further outlined in Section 8, below. In the event of a dispute arising out of this Agreement (“Dispute”), whether involving a third party or not, such Dispute not privately resolved by the parties shall be submitted to arbitration before an arbitration panel of three (3) arbitrators in accordance with the rules then prevailing of the American Arbitration Association (“AAA”). The AAA shall appoint the panel, with at least one (1) arbitrator having knowledge of and experience in dealing with the computer software industry. All arbitration shall take place in Davidson County, Tennessee. The award of the arbitrator(s) shall be binding and may be entered as a judgment in any court of competent jurisdiction.
- The exclusive jurisdiction for all Disputes that are not resolved by arbitration shall be in either a federal or state court located in Davidson County, Tennessee, and each party submits to the personal jurisdiction of such courts and waives any objection of lack of personal jurisdiction or inconvenient forum.
- You will reimburse iCare for all attorneys’ fees and costs iCare incurs in enforcing any of its rights arising out of or relating to this Agreement.
- YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY.
- You agree that You shall not participate in a class action or class-wide arbitration for any claims covered by this Agreement.
- 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 iCare is a party to the proceeding.
In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either iCare or You can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Section 7 will be null and void. The agreement to terms contained within this Section 7 shall survive the termination of Your relationship with iCare.
- GOVERNING LAW, JURISDICTION
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
No waiver by iCare of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of iCare, Inc., to assert a right or provision shall not constitute a waiver of such right or provision.
- CONTACT US
E-mail Address: firstname.lastname@example.org
Mailing Address: 1300 Bunker Hill Road – Cookeville, TN 38506
- ENTIRE AGREEMENT