COVID-19 Homecare

COVID-19 HOMECARE

TERMS AND CONDITIONS OF USE

 

Please read the following terms and conditions of use for COVID-19 Homecare (the “Service”), which may be accessed online at https://covidhomecare.appspot.com.  By creating an account on the Service, you acknowledge that you have read, understood and agreed to these Terms and Conditions of Use.  If you do not agree with these terms and conditions, please do not use the Service and exit the Service’s website immediately.

 

Incentivate Health, LLC, the owner and operator of the Service, together with its subsidiaries, are collectively referred to in these Terms and Conditions of Use as “'we,” “'us,” “our,” or other similar pronouns.

 

DO NOT USE COVID-19 HOMECARE IN THE CASE OF AN EMERGENCY. CONTACT 911 (EMERGENCY NUMBER IN THE USA) IMMEDIATELY FOR ANY EMERGENCY.

 

Incentivate Health, LLC does NOT provide any type of medical or professional services advice.  Always seek the advice of qualified professionals, such as physicians for medical advice.  The Service is merely a communication conduit.

 

By using the Service, you acknowledge and agree that (i) the Service is intended to deliver non-critical, non-emergency messages, data, information between users and their designated healthcare professional(s); (ii) the Service is dependent upon a number of factors outside of our control, including but not limited to, the operation of third party provided/hosted hardware and network services; (iii) the Service is not a substitute for any of your current method of patient care, and (iv) the Service helps facilitate the exchange of information and data and is not intended to provide the same level of performance and care that a licensed healthcare provider could do at his or her office, hospital, or exam room.

 

1.         Privacy Policy.  We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information are set forth in our Privacy Policy. Please take some time to review the Privacy Policy (available at: https://covidhomecare.appspot.com/privacy). By creating an account on the Service and using the Service, you agree to the terms of our Privacy Policy.

 

2.         Eligibility.  By using the Service, you represent and acknowledge that your use of the Service and your agreement to these Terms and Conditions of Use does not violate any law or government rule applicable to you.  Certain Service features may be disabled for users under 18 years of age for their protection or as otherwise required by U.S. law and no children under 13 years of age may be a user.

 

3.         Service Purpose.  We allow users to establish accounts as a service to our customers for assisting with identifying and managing COVD-19 symptoms and ease of communication with customers’ healthcare providers.   Once directed by you, we will convey information that you provide to us via the Service to your indicated healthcare provider if such healthcare provider accepts receipt of that information (collectively, “User Content”).  Neither we, nor any member of our team nor the Service itself are medical professionals or healthcare providers and treatment of medical conditions may only be provided by licensed professionals.  The Service merely conveys User Content from you to the healthcare provider(s) that you indicate.  We will use commercially reasonable, industry standard security and encryption in that transmittal but we cannot guarantee the security of any User Content. In furtherance of that, you are responsible for taking all reasonable steps in making sure that no unauthorized person shall have access to your account login and password. You must immediately inform us via email at admin@incentivatehealth.com of any unauthorized use of your account or password.

 

4.         Fees.  There is no patient usage fee associated with the service, although donations are encouraged. Symptom recording with daily text messaging notification is provided through recovery from illness or up to 60 days, whichever comes first. We will not be responsible for any fees incurred by you for sending or receiving SMS messages in connection with the Service from a third party provider.

 

5.         Limited Use; Disclaimer.  Except for any User Content, all content on the Service and otherwise available through the Service, including designs, logos, artwork, text, graphics, images, data, information, software, interactive features, application programming interfaces and other files (the “Service Contents”), is owned by us or our licensors. You may freely use any of the Service Contents in connection with use of the Service, but may not use any Service Contents for any commercial purposes without our prior written consent. Please note that we do not make any warranty of the accuracy of any of the information contained in the Service. We also cannot promise that the Service Contents are suitable for any purpose. We cannot be held liable for any damages or costs you may incur by using the Service or relying on any Service Contents or any User Contents submitted by you.  To properly manage your health, you must verify any User Content with your healthcare provider. 

 

The information accessible via the Service is not intended as a substitute for professional advice but merely a communication tool. Though we seek to keep the information and content on this Service as up to date and accurate as possible, we do not guaranty its completeness, accuracy, or appropriateness for any particular purpose. Further, we explicitly disclaim any responsibility for any product, information or service or the accuracy, content, or availability of information found on other websites that contain links to or from our Service. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.

 

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THESE TERMS OF USE, IN OUR PRIVACY POLICY, OR IN THE POLICIES AND ADDITIONAL TERMS SET FORTH IN THE SERVICE, WE MAKE THE SERVICE AVAILABLE “AS IS,” AND WE DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE AND THE CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUSLY AVAILABLE.

 

6.         Limitation of Liability.

 

INCENTIVATE HEALTH, LLC AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE SERVICE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE SERVICE AND ANY CLAIM AGAINST US SHALL BE LIMITED TO ANY DONATION YOU MADE TO THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

7.         Backups.  Although we currently intend to continue offering the Service to customers, we cannot guarantee that we will support the Service indefinitely. We encourage you to download and save your User Content for your records and verify with your healthcare provider(s) that he or she is doing the same.

 

8.         Prohibited Uses.  You are prohibited from violating or attempting to violate, any security features of the Service. You agree you will not do any of the following (or attempt to do any of them):

 

(a)            Access any content or data not intended for you, or log onto a server or account that you are not authorized to access;

 

(b)            Probe, scan, or test the vulnerability of the Service or the its website, or breach security or authentication measures;

 

(c)            Interfere with service to any user, host or network;

 

(d)            Use the Service to send unsolicited e-mail or other communications, including, without limitation, advertisements for products or services; or

 

(e)            Impose an unreasonable or disproportionately large load on our infrastructure.

 

9.         Termination.  We reserve the right to terminate your use of the Service and to terminate your Service account if you post any materials that we deem inappropriate, or otherwise violate these Terms of Use.  We may access and/or terminate your account if we receive complaints from other users of the Service that you are interacting with them in a manner we deem to be inappropriate.

 

10.        DISPUTE RESOLUTION. PLEASE READ CAREFULLY.

 

THE LAWS OF THE STATE OF NEW YORK, EXCLUDING CONFLICTS OF LAW PRINCIPLES, GOVERN THIS AGREEMENT. ANY LEGAL ACTION MUST BE COMMENCED WITHIN ONE YEAR OF WHEN THE CLAIM AROSE.   ANY SUCH CONTROVERSY OR CLAIM WILL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THE ARBITRATION WILL BE CONDUCTED IN SARATOGA COUNTY, NEW YORK, AND JUDGMENT ON THE ARBITRATION MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. THE AWARD OF THE ARBITRATION SHALL BE FINAL AND BINDING UPON THE PARTIES WITHOUT REVIEW EXCEPT AS PERMITTED BY NEW YORK LAW. NOTWITHSTANDING THE ABOVE, EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY INJUNCTIVE RELIEF, AS NECESSARY TO PROTECT THE PARTY’S RIGHT OR PROPERTY PENDING COMPLETION OF ARBITRATION AND ANY SUCH CLAIM IS SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF SARATOGA COUNTY, NEW YORK. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

11.       Changes to the Terms and Conditions of Use.  We may change these Terms and Conditions of Use without prior notice.  If the Terms and Conditions of Use are changed, we will post the modified Terms and Conditions of Use to the Service website. By continuing to use the Service, you agree that your use of the Service will be subject to any modified Terms and Conditions of Use.

 

12.       Additional Information.  If you have any questions about these Terms of Service, please contact admin@incentivatehealth.com.

 

 

 

The Terms and Conditions of Use were last modified on May 29, 2020.