TERMS OF USE

IMPORTANT NOTE REGARDING WEBSITE CONTENT

he information and content (referred to as “Content”) provided on this website are solely intended for general educational purposes. It is important to note that the Content cannot and should not be seen as a substitute for the relationship you have with your healthcare professionals. The Content on this website should not be considered as medical advice and is not intended to serve as such. In the case of a medical emergency, it is crucial that you do not rely on any information from this website, but instead seek immediate medical assistance, such as by calling “911”. For diagnosis, treatment, and information regarding suitable drugs or treatments for your specific situation, you should always consult your healthcare professionals. None of the Content on this website guarantees the safety, appropriateness, or effectiveness of any particular drug or treatment for you. It is important to keep in mind that health information can change rapidly, so it is advisable to always verify information with your healthcare professionals.

Please note that this website is primarily intended for an audience in the United States. If you reside outside the U.S., you may come across information on this website about products or therapies that are not available or authorized in your country.

The Content may provide information about therapeutic and generic alternatives for certain prescription drugs, and it may describe uses for products or therapies that have not been approved by the Food and Drug Administration (FDA). This information is provided for informational and cost-comparison purposes only and should not be considered as medical advice. It does not replace consultation with a doctor, pharmacist, or other healthcare professional. To determine if an alternative prescription drug is suitable for your needs, it is recommended that you consult with your healthcare provider.

Agreement and Terms

These Terms of Use (“Terms”) outline the regulations governing the usage of this website. They establish a legally binding agreement between you, the individual utilizing this website, and PromptCare Occupational Medicine (“PromptCare”). If you are assisting another person in using this website, these Terms also create a legally binding agreement between both the helper, the person being assisted, and PromptCare. The terms “we,” “our,” and “Company” refer to PromptCare and its affiliated entities.

By accessing and using this website, you agree to abide by the most recent version of the Terms, as well as our Privacy Policies. We reserve the right to modify these Terms at any time, and any changes will be posted on this website or a similar page. It is your responsibility to review these Terms each time you use the website. By continuing to use the website, you consent to any changes made to our Terms.

When using this website, you acknowledge and accept that the Company may monitor all activities on the site at any time. The Company may utilize the results of such monitoring without limitations, in accordance with applicable law.

If you enter into any other agreement with the Company, such as a health plan coverage agreement, these Terms are supplementary to the terms of that specific agreement. Entering into this agreement, visiting the website, or agreeing to these Terms does not guarantee your eligibility to receive coverage under any plan offered through this website or any other means.

License to use this website and content ownership

Subject to these Terms, the Company provides you with a personal, nontransferable, nonexclusive, revocable, limited license to access and view the Content on the website. This license is solely for the purpose of gathering information about our plan and related activities, such as applying for a plan if permitted on the website. You may also print a reasonable number of copies of the Content for your personal use, provided that you include all proprietary copyright and trademark notices. However, all rights, title, and interest in the website, including the Content, as well as all intellectual property rights (including copyright, trademark, patent, and trade secret rights) remain with the Company, our licensors, and vendors. This Agreement does not transfer any ownership interest to you or any other entity through the availability of the Content on the website or the granting of the aforementioned licenses.

If you choose to provide us with any feedback, suggestions, or similar communications, such messages (referred to as “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies), and nonproprietary. By providing Feedback Messages, you grant the Company a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit, and distribute your Feedback Messages, in whole or in part, including all intellectual property rights.

We reserve the right to terminate this license at any time and for any reason. If you violate any of these Terms, your license to access and view the Content will be terminated immediately. Upon termination of this license, you must cease using the website, including all Content, and either return or destroy all copies, including electronic copies, of the Content under your possession or control.

Changes to website content

We reserve the right to modify, add, or remove some or all of the Content on this website at any time. It is important to note that while we strive to provide accurate information, certain features available on this website, such as participating healthcare providers, pricing information, or other Content, may not be entirely accurate or up to date. Additionally, please be aware that the features of any plan or plans described on this website may change over time, as permitted by law. These changes may include modifications to benefit levels, items included in a formulary, pricing, or lists of participating providers or other associated vendors.

During your visit to this website, you may encounter links that direct you to other websites, leading you away from this website. We provide these links to other websites in order to offer information that may be useful or interesting to you. However, we do not endorse the content or accuracy of these linked websites operated by third parties, nor are we responsible for any interactions or transactions you may have with such third parties. It is solely your responsibility to engage with these third parties, and we strongly recommend that you review the terms of use and privacy policies of these third-party websites.

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING PARTICULAR PLAN BENEFITS OR SCOPE OF COVERAGE IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Certain states may have laws that do not permit limitations on implied warranties, which means that some or all of the limitations mentioned above may not be applicable to you. It is advisable to review the local laws in your jurisdiction to determine if there are any restrictions or limitations concerning the exclusion of implied warranties.

LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Governing law and statute of limitations

These Terms are governed by the laws of the State of California, without regard to its choice-of-law principles, and any legal action arising from or related to your use of the website shall be subject to the exclusive jurisdiction and venue of the state and federal courts in the State of California, U.S.A. You consent to the personal jurisdiction of these courts in any dispute involving the Company, its employees, officers, directors, agents, and providers. In the event that any provision of these Terms is deemed invalid under applicable law, that provision shall be considered omitted to the extent necessary, and the remaining provisions of the Agreement shall remain enforceable.

Before pursuing any legal action for any harm you believe you have suffered as a result of or in connection with your use of this website, you agree to notify us in writing and provide us with 30 days to resolve the issue before initiating any legal proceedings. Any cause of action must be initiated within one year after the claim arises, or you will be barred from pursuing such action.

For any inquiries regarding these Terms or the operation of the website, please contact us at info@promptcareoccmed.com

Effective date

The Effective Date of these Terms is May 22, 2023.

Additional Terms

The following sections outline your ongoing obligations even after the termination of this Agreement: Important Note Regarding Website Content; Agreement and Terms; portions of License to use this website and content ownership; Changes to website content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations; Additional terms. In the event that any provision of these Terms is deemed invalid by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected and they shall remain in full force and effect. No waiver of any of these Terms shall be considered a continuing or further waiver of that specific term or condition or any other term or condition.

You agree to defend, indemnify, and hold harmless the Website-Related-Parties, their subsidiaries, affiliates, officers, directors, employees, and agents from any claim, demand, or damage, including reasonable attorneys’ fees, arising from your breach of this Agreement or your use or misuse of the Content or website. You are not permitted to transfer or assign any rights or obligations under this Agreement. However, the Company retains the right to transfer or assign its rights and obligations under this Agreement.