PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE, ON BEHALF OF YOURSELF AND ANY ORGANIZATION THAT YOU REPRESENT, TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, MEMBER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 09/30/2023.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “General Site Terms of Service” or “General Terms”) is a legally binding agreement between OutCare Health, Inc., located at 6101 North Keystone Ave. Ste. 100 #1211 Indianapolis, IN 46220, on behalf of itself and its affiliates and licensors (collectively, “OutCare”, “OutCare Health”, “we”, “our” “us”) and any person who may interact with or use the website, located at Outcarehealth.org, any of our affiliated websites, other digital platforms or mobile applications (including social media networking), and any downloadable programs through which we may deliver our services (collectively, the “Site”), as such services and products are described in the following Section (the “Services”) and shall govern your access to and use of the Services.
DESCRIPTION OF SERVICES OFFERED
The Site is a non-profit website LGBTQ+ healthcare resource through which we provide the following Services:
OutCare Health is a non-profit 501(c)(3) organization with the purpose of providing extensive information and education on lesbian, gay, bisexual, transgender, and queer (LGBTQ+) healthcare. OutCare recognizes the unique health needs of LGBTQ+ individuals and connects them with the most appropriate healthcare providers, resources, and events. In addition, OutCare strives to better educate medical students, supplement healthcare providers, and energize communities to deliver high-quality, culturally competent, unbiased healthcare.
Anyone accessing our site or any of our Services, without regard to whether such individual or entity is registered on the Site or not, shall be deemed a “User” and legally bound by these General Terms. An individual or entity that registers on our Site, through the process of creating an account agrees to all additional terms applicable to a “Member.” If you are accessing the Services on behalf of an organization, any reference to User or Member herein shall be to both the individual user and such organization. Collectively, Users and Members may hereinafter be referred to simply as “you” or “your”. Certain additional terms shall apply to Members of the Site (“Additional Terms”), and any such additional terms are hereby incorporated and shall apply to Members as if fully set forth herein.
You acknowledge and agree that the Services provided and made available through the Site are and shall remain the sole and exclusive property of OutCare. At its discretion, from time to time, OutCare may offer additional Services and/or products, or update, modify or revise any current Services, and this Agreement (as it may be modified from time to time) shall apply to any and all such additional Services and any and all updated, modified or revised Services, other than to the extent that OutCare provides separate legal terms having application to such Services. OutCare reserves the right to suspend and/or cancel and cease offering any Service without notice. You acknowledge, accept and agree that OutCare shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services following our posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and any corresponding modifications to the General Terms. As such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services immediately.
Furthermore, you understand, acknowledge and agree that the Services are and shall be provided “AS IS” and without warranty of any kind, express or implied and as such OutCare Health, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User Content, communication or personalization settings.
On our site we host OutList ™, the LGBTQ+ affirming provider directory (“OutList”). The following terms apply to OutList as well as the remainder of our Site and Services. The material contained on the Site is provided for informational purposes only. Nothing contained on this site and its related links may be construed as medical or healthcare advice. User acknowledges and agrees that OutCare is not a health care provider, licensed or otherwise. OutCare cannot and will not assume responsibility for the direct care of any patient, which shall at all times remain the responsibility of User and any health care provider who may provide to care to such User. OutCare will not be responsible for the assignment of staff to treat Users or any other activity that involves the practice of medicine. During your visit to our Site, remember that any medical and health information which may be presented here is intended to be general in nature, and should not be viewed as a substitute for professional advice. Please consult with a health care professional for all matters relating to personal medical and health care issues. All statements and opinions expressed by third parties on the site (including, without limitation, Users and Members) are solely their opinions, and we are not responsible or liable for their accuracy. This site is not designed to promote or endorse any medical or healthcare practice, resource, program or agenda or any medical tests, products, or procedures. OutCare Health does not screen providers and resources and therefore cannot make any guarantees as to accuracy of provider information, provider licensure, quality of care or LGBTQ+ resources. Before selecting a provider, you should ensure that the provider is a licensed healthcare professional and that they accept your medical insurance. The OutList and community resource directories are not exhaustive lists and may not contain providers or resources for every health issue. OutCare Health cannot guarantee the availability of a provider or resource listed on this site. OutCare cannot contact providers or resources on behalf of a patient. specific questions about health-related issues and care should be deferred to a specific healthcare provider.
Please read the following terms carefully. They govern your use of the OutList. By using the OutList, you acknowledge that you have read and understood all these terms, and you agree to be bound by these terms. If you do not agree to these terms, you may not use the OutList.
- The OutList is for individual patient use only. This list may not be used for business purposes, including, but not limited to, filtering, researching, reaching out to, marketing, soliciting, or messaging any recipient, User, Member or otherwise, that has not opted in to such communication. Employees, including care coordinators and navigators, companies, and industries are prohibited from using the OutList to provide services and work. Parties must obtain explicit permission from OutCare Health for OutList data collaborations.
- The OutList is exclusively owned by OutCare Health and its affiliates. The OutList may not be scraped, mined, republished, downloaded, traded, reproduced, modified, adapted, altered, replaced, duplicated, leased, rented, loaned, sold, or used in any capacity by other parties without explicit permission from OutCare Health and without citing OutCare Health as the original source.
- Your use of the OutList in violation of these terms, including for any commercial purpose, shall constitute a breach of these terms which will cause irreparable harm to OutCare and its affiliates. You agree that, if you breach or threat of breach of these terms, damages will be impossible or unreasonably difficult to ascertain, and, in addition to any other remedies which OutCare Health may have at law and equity, (a) OutCare shall be entitled, without the requirement to post bond or other security, to obtain a temporary restraining order and/or injunction restraining against you to prevent you from further breaching these General Terms, and (b) you shall pay OutCare Health as liquidated damages, and not as a penalty, an amount equal to $5,000 for each day on which you use the OutList ™ in violation of these restrictions.
- You agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in Marion County, Indiana for any action arising out of your breach of these terms. In any action successfully brought by OutCare Health against you to enforce these terms, OutCare Health will also be entitled to recover its reasonable attorneys’ fees and other costs associated with any such proceeding from you.
- If anyone is aware of any actions in opposition to the above statements, please notify OutCare Health at firstname.lastname@example.org anonymously at org/feedback immediately.
To register and become a “Member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving OutCare Health’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, OutCare Health may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with OutCare Health and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factually accurate, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, OutCare Health, Inc. will have sufficient grounds and rights to suspend or terminate the Member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of the Site and Services, or any portion thereof.
It is OutCare Health, Inc.’s priority to ensure the safety and privacy of all its visitors, Users and Members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the OutCare Health website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or Content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized User of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any User(s) that access your account information that, if undertaken by you, would be deemed a violation of the General Terms. It shall be your responsibility to notify OutCare Health, Inc. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. OutCare Health, Inc. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the General Terms.
As a User or Member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other Content , whether it is publicly or privately posted and/or transmitted, is the sole and exclusive responsibility of the individual from whom the Content originated. In short, this means that you are solely responsible for any and all Content posted, uploaded, emailed, transmitted or otherwise made available by way of the OutCare Health Services, and as such, we do not guarantee the accuracy, integrity or quality of ANY such content. you acknowledge, agree AND ACCEPT that by use of our Services, you may be exposed to inaccurate OR MISLEADING content including, but not limited to, any errors or omissions in any content posted, and that outcare shall not be LIABLE for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by OutCare Health.
Furthermore, you herein agree not to make use of OutCare Health, Inc.’s Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any Content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any OutCare Health officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- uploading any false or misleading information about yourself or anyone else, whether such information is known by you to be false or reasonably should have been known by you to be false;
- forging captions, headings or titles or otherwise offering any Content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such Content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting or otherwise offering any Content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users’ ability to participate in any real time interactions;
- interfering with or disrupting any OutCare Health, Inc. Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other Member or User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
OutCare Health, Inc. has the right, but not the obligation, to pre-screen, refuse and/or reject any Content to be available through our Services. In addition, we reserve the right to remove and/or delete any Content of which we become aware that would violate the General Terms or which would otherwise be considered offensive to other visitors, Users and/or Members.
OutCare Health, Inc. herein reserves the right to access, preserve and/or disclose Member account information and/or Content as contemplated by these General Terms, and otherwise, if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the General Terms;
- responding to any claim that any Content published is in violation of law or the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of OutCare Health, Inc., its visitors, Users and Members, and the general public.
OutCare Health, Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by OutCare Health, Inc. or any other Content providers supplying Content services to OutCare Health, Inc. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using Outcarehealth.org to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with the General Terms, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a Member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
PUBLIC CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
OutCare Health, Inc. shall not lay claim to ownership of any Content submitted by any visitor, Member, or User; however, by posting Content on the Site or through the Services, you hereby grant and allow for OutCare Health, Inc. the following worldwide, royalty-free and non-exclusive licenses, as applicable:
- Articles, photos, audio, video, messages and/or graphics and other materials and information (“Content”) submitted or made available for inclusion on the publicly accessible areas of the Site or the Services, the license to permit to use, distribute, transmit, transfer, reproduce, modify, adapt, lease, rent, loan, sell, assign, sublicense, broadcast, publicly perform and/or publicly display said Content on our Site and Services for the sole purpose of providing and promoting the specific area in which this Content was placed and/or made available for viewing. This license shall be available so long as you are a Member of OutCare Health, Inc.’s sites and shall terminate at such time when you elect to discontinue your Membership.
Those areas which may be deemed “publicly accessible” areas of OutCare Health, Inc.’s sites are those such areas of our Site and Services which are meant to be available to the general public, and which would include message boards and groups that are openly available to both Users and Members.
CONTRIBUTIONS TO COMPANY WEBSITE
OutCare Health, Inc. provides an area for our Users and Members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- your contributions do not contain any type of confidential or proprietary information;
- OutCare Health shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- OutCare Health shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of OutCare Health; and
- OutCare Health is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
You agree to defend, indemnify and hold harmless OutCare Health and its affiliates, directors, officers, employees, consultants and agents from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to: (i) any medical services, treatment, OR information provided by, OR other act or omission of, aNOTHER User or Member or otherwise accessed THROUGH the site or the services; (ii) any fees, costs or expenses incurred in connection with any medical services or treatment provided by a User or Member; (iii) negligence, gross negligence, willful or intentional misconduct, or fraud by a User or Member; (iv) any breach of the Terms by YOURSELF OR another user or member; (v) any User or member review OR OTHER CONTENT THAT MAY BE POSTED BY YOURSELF OR ANOTHER USER OR MEMBER; (vi) any disclosure or inaccuracy of User or member information; (VII) otherwise arising from your use of or access to the Site or Services OR ANY THIRD PARTY SERVICES ACCESSED or accessible THROUGH OUR SITE OR SERVICES; (VIII) ANY VIOLATION OF THESE TERMS OF SERVICE. To the greatest extent permissible at law, the sole exclusion from the foregoing obligation shall be with respect to liability arising directly from OutCare’s intentional misconduct as proven in a court of law.
COMMERCIAL REUSE OF SERVICES
The Member or User herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to OutCare Health’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that OutCare Health, Inc. may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any Content shall be retained by OutCare Health, Inc., nor the maximum number of email messages that may be sent and/or received by any Member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on OutCare Health, Inc.’s servers on the Member’s behalf, and/or the maximum number of times and/or duration that any Member may access our Services in a given period of time. In addition, you also agree that OutCare Health, Inc. has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or Content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, OutCare Health, Inc. shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on OutCare Health, Inc.’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on Outcarehealth.org. It is your agreement to the General Terms which establishes your consent to allow OutCare Health, Inc. to store any and all communications on its servers.
OutCare Health, Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a Member of Outcarehealth.org, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com.
As a Member, you agree that OutCare Health, Inc. may, for any reason or no reason, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. Some reasons for such termination, discontinuance, suspension and/or limitation of access shall include, but are not limited to:
- any breach or violation of our General Terms or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your org account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Outcarehealth.org shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within org;
- the deletion of your password and any and all related information, files, and any such Content as may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that OutCare Health, Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either OutCare Health, Inc. or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable under any legal theory for any Content, products, advertising or any other materials, on or available from such third-party sites or resources. You understand that third-party sites and resources are subject to the express legal terms of those third-party sites and resources. You acknowledge and agree that OutCare Health, Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any Content, information, products or services made available on or through any such site or resource.
You do hereby acknowledge and agree that OutCare Health, Inc.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by OutCare Health, Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on OutCare Health, Inc. Services (e.g. Content or Software), in whole or part.
OutCare Health, Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by OutCare Health, Inc. for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF OUTCARE HEALTH, INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. OUTCARE HEALTH, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- OUTCARE HEALTH, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) OUTCARE HEALTH, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OUTCARE HEALTH, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE OUTCARE HEALTH, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF OUTCARE HEALTH, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- we make no representation that the matching services will be successful. We do not warrant any particular health outcomes with respect to any provider match. Past experience of any patient which may be reflected in a testimony on the Site is no guarantee of future experience.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OUTCARE HEALTH, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE GENERAL TERMS.
- A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OUTCARE HEALTH, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute in any way related to the services (including, without limitation, any provider match), you hereby irrevocably release OutCare Health, Inc. and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties who may be involved in delivery of the SITE AND services from any claim, demand and damage (actual and consequential), DIRECT OR INDIRECT, of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. The Site is provided primarily for informational purposes, and no Content that shall be provided by us or any User or Member is intended for trading or investing purposes. OutCare Health, Inc. and our affiliates and licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in the General Terms, that there shall be no third-party beneficiaries to this agreement.
OutCare Health, Inc. may furnish you with notices, including those with regards to any changes to the General Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the General Terms by accessing our Services in an unauthorized manner. Your acceptance of the General Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the OutCare Health, Inc. owned and licensed trademarks, copyright, trade name, service marks, and other OutCare Health, Inc. logos and any brand features, and/or product and service names, including, without limitation, “OutCare™” and “OutList™” are trademarks of, and shall remain the sole property of, OutCare Health, Inc. and its affiliates and licensors. You agree not to display and/or use in any manner the OutCare Health, Inc. logo or marks without obtaining OutCare Health, Inc.’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
OutCare Health, Inc. will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, OutCare Health, Inc. may disable and/or terminate the accounts of any User who violates our General Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The OutCare Health, Inc. Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
6101 North Keystone Ave. Ste. 100 #1211
Indianapolis, IN 46220
BE IT KNOWN, that OutCare Health, Inc. endeavors to comply with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at outcarehealth.org.
This General Terms constitutes the entire agreement between you and OutCare Health, Inc. and shall govern the use of our Services, superseding any prior version of the General Terms between you and us with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other OutCare Health, Inc. Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and OutCare Health, Inc. with regard to the General Terms that the relationship between the parties shall be governed by the laws of the state of Indiana without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the General Terms, or the relationship between you and OutCare Health, Inc., shall be filed within the courts having jurisdiction within the County of Marion, Indiana or the U.S. District Court located in said state. You and OutCare Health, Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should OutCare Health, Inc. fail to exercise or enforce any right or provision of the General Terms, such failure shall not constitute a waiver of such right or provision. If any provision of the General Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the General Terms remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents of your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the General Terms must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of the General Terms or the Premium Terms to OutCare Health, Inc. as follows:
6101 North Keystone Ave. Ste. 100 #1211
Indianapolis, IN 46220