The following terms of use (“Terms of Use”) govern your use of the NonaCare, LLC, (www.nonacare.com ) website (the “Site”). It is vitally important that you read the Terms of Use carefully as your use of the Site and the services and goods provided through our Site will constitute your agreement to be legally bound by the terms and conditions set forth in these Terms of Use.
If for any reason you do not agree to these Terms of Use in their entirety, you may not use the Site or the services provided by the Site.
We may amend these Terms of Use from time to time. If you continue to use the Site and/or the services provided by the Site after the amendments become effective, you are deemed to have agreed to be bound by the Terms of Use as amended. If you do not agree to the amended Terms of Use, then you agree not to use the Site and the services provided by the Site.
To use this Site and the services, you must be of legal age to enter into a binding contract and not be prohibited from using the Site or the services by the laws of the jurisdiction from which you access the Site or the services.
1. Our Service
The Site provides a service where it matches requests from potential customers with providers who provide medical, healthcare and other related products and services (the “Service”). The information users provide to us in a matching request will be sent to providers in our network. NonaCare, LLC is not involved in the actual transaction between customers and providers and does not promote or recommend any particular provider. Consequently, NonaCare, LLC cannot guarantee that a transaction will occur or if it does occur that it will satisfy the needs of either user or provider. All fees associated with the Service are paid by our providers.
The Site may also provide content relating to medical and healthcare products and services but does not provide medical advice.
All rights relating to the Site, including ownership as to content, materials, trademarks and other intellectual property contained in the Site, are the exclusive property of NonaCare, LLC. You may not copy, reproduce, publish, disassemble, decompile, modify or make any other use of the Site or content contained on the Site other than as expressly provided hereunder or as may be expressly permitted by NonaCare, LLC in writing.
2. Use of the Services
You are responsible for maintaining the accuracy and sufficiency of information you supply to the Site and agree to provide and maintain true, complete and correct information on the Site.
If you are a potential customer of the Service, you authorize NonaCare, LLC to provide the information that you submit in a request for information to providers for the purpose of matching your request with the services of providers. Such authorization shall continue in effect until NonaCare, LLC receives written direction from you to cease providing such information to providers.
The following restrictions apply to your use of the Service:
(a) Your use of the Service is subject to all applicable laws and regulations and must be consistent with the security and reliability of the Service and the World Wide Web.
(b) You are solely responsible for the content of your transmissions and the products or services you buy or sell through the Service.
(c) You acknowledge and agree to all of the then-current terms of our privacy policy as set forth on the Site and as updated from time to time by NonaCare, LLC in its sole discretion.
3. Prohibited Conduct.
You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, harmful, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly, interfere or attempt to interfere with the proper working of the Site, any account, or any communication or transaction being conducted on our Site; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content on the Site without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure; (e) take any action which imposes an unreasonable or disproportionately large load on our infrastructure; (f) use or disclose (to anyone except NonaCare, LLC ) any confidential information you obtain from NonaCare, LLC ; (g) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, use a false email address, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service; (h) send any unsolicited e-mail or advertising to any known user; or (i) allow anyone else to use your email address or access the Site using your email address and you agree to notify NonaCare, LLC immediately of any unauthorized use of your email or any other suspected breach of security as to the Site.
4. Links
The Site may provide links to external websites. NonaCare, LLC and its affiliates do not endorse and are not responsible for the availability of these external websites or for any content, advertising, products, or other materials on or available from such external websites. Your use of and dealings with the owners or operators of these external websites are at your own risk. You cannot make any claim against NonaCare, LLC or its affiliates arising out of your use of external websites.
5. Content You Submit.
By posting or submitting content on or to the Service or Site, including, without limitation, commentary, customer reviews, testimonials, feedback and messages (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you grant NonaCare, LLC and its affiliates, agents and third party contractors a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, display, publish, publicly perform, publicly display and distribute any content you submit, post or display through the Service or the Site. You agree that any content you submit may be republished anywhere on our Site or in any of our newsletters without your prior consent. Your content may also be referenced in other publications and marketing materials not affiliated with NonaCare, LLC. You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the above license to NonaCare, LLC. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to or infringes or misappropriates third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NonaCare, LLC all of the rights granted herein; (ii) publish falsehoods or misrepresentations; (iii) use the Service or the Site for any illegal purpose or submit material that is unlawful, obscene, harmful, tortuous, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post personal identity information such as credit card numbers, or (v) post advertisements or solicitations, including income opportunities, unless you have received our prior express written consent. NonaCare, LLC reserves the right to remove or not publish submissions without prior notice.
If you are a copyright owner or agent thereof and believe that user content on the Site or Service infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached at:
| Email: Phone: By Fax: |
info@nonacare.com 508-697-1455 508-697-1466 |
6. Your Requests for Information.
We may reject any request for information for any reason or no reason, including, without limitation, if a request (i) does not appear legitimate, (ii) is not filled out in its entirety, or (iii) is determined by NonaCare, LLC to violate any of these Terms of Use.
Your contact information will be retained by NonaCare, LLC; however, except as set forth herein and in our privacy policy, we will not sell your information to any third parties. NonaCare, LLC is not a covered entity under the Health Insurance Portability and Accountability Act, often referred to as HIPAA. You may receive communications by email to confirm your request and to later provide us with feedback. You may also receive newsletters and special promotions from NonaCare, LLC, but you may opt to be removed from these distributions at anytime as set forth in our privacy policy.
7. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. NonaCare, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE VIEWS AND OPINIONS EXPRESSED ON ANY FORUM, CHAT ROOM, MESSAGE BOARD OR BLOG ON THE SITE DO NOT REFLECT THE VIEWS AND OPINIONS OF NonaCare, LLC. NEITHER NonaCare, LLC, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT OF THE SITE AND THE SERVICE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT OF THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR INFORMATION WILL BE KEPT PRIVATE AND CONFIDENTIAL (EXCEPT AS SET FORTH IN NonaCare, LLC PRIVACY POLICY). YOUR USE OF THIS SITE AND THE SERVICE IS SOLELY AT YOUR OWN RISK.
FOR THE AVOIDANCE OF DOUBT, NonaCare, LLC WILL BEAR NO LIABILITY FOR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED, OBTAINED OR SOLD BY YOU IN CONNECTION WITH THE SERVICE OR THE SITE. FURTHERMORE, NonaCare, LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OF ITS PARTNERS.
8. Limitation of Liability
NonaCare, LLC AND ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS AND ASSIGNS (THE “NonaCare, LLC PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR THE SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED, OBTAINED OR SOLD OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, IDENTITY THEFT, OR OTHER INTANGIBLE, EVEN IF THE NonaCare, LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NonaCare, LLC PARTIES’ COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THESE TERMS OF USE SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES, IF ANY. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT.
9. Indemnification
You agree to indemnify and hold each of NonaCare, LLC its affiliates, officers, directors, employees, partners, representatives, contractors, successors and assigns harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Site or the Service or your violation of our Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.
10. Termination
If you breach any provision of the Terms of Use, you may no longer use the Service or the Site. You may cease using the Service or the Site at any time.
NonaCare, LLC may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or the Site or any part of it at any time, for any reason, without notice to you and without liability to you or any other person.
If NonaCare, LLC terminates the Terms of Use for any reason, the Terms of Use will continue to apply and bind you with respect to your prior use of the Service or the Site. Upon termination, NonaCare, LLC may remove from the Site and permanently delete and destroy any content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
11. Miscellaneous
You acknowledge and certify that NonaCare, LLC has made the following disclosures to you throughout the Site: (i) the manner in which NonaCare, LLC selects its providers to which it could make a referral; (ii) the manner in which NonaCare, LLC selects a particular provider for you from its network of providers; (iii) the fact that the provider has paid or will pay a fee to NonaCare, LLC; (iv) the nature of the relationship between the referral services and the group of providers to whom NonaCare, LLC can make the referral; and (v) the nature of any restrictions that could exclude such individual or entity from continuing as a provider.
Nothing in these Terms of Use is intended to or will create any form of partnership, joint venture, agency, or employment relationship between the parties. You may not assign these Terms of Use, by operation of law or otherwise, without the prior written consent of NonaCare, LLC. These Terms of Use shall inure to the benefit of and be binding upon you and NonaCare, LLC and your and our respective successors and permitted assigns. The failure of either party to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If a court of competent jurisdiction declares any provision of these Terms of Use to be invalid or unenforceable, the remainder of these Terms of Use will continue in full force and effect. These Terms of Use shall be construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. You and NonaCare, LLC agree to submit to the exclusive jurisdiction of the state courts located in Plymouth County, Massachusetts and the federal courts located in the Brockton district with respect to disputes hereunder. The following sections shall survive termination of the Terms of Use: the last paragraph of section 1, sections 3, 4, 5, 7, 8 and 9, the last paragraph of section 10, and section 11. These Terms of Use constitute the entire agreement between you and NonaCare, LLC relating to the subject matter hereof and supersede all prior agreements relating to the subject matter hereof.
12. Online Purchases
The Site allows you to purchase goods or services from NonaCare, LLC. You agree to pay and to be financially responsible for all purchases, including any applicable (services) sales tax, made by you, or someone acting on your behalf, through the Site. You also agree to abide by all purchase or subscription terms set forth in these Terms of Use. You agree to use the Site and to purchase services or products (goods) through the Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product (goods) or service. You agree only to purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us, you represent that you have obtained the express consent of such third party to provide us with such third party’s personal information.
13. Order and Registration Forms
To use certain features of the Site, such as placing online orders, or accessing your account information online, you must complete the Site’s online order form and/or account registration forms. By completing these forms, you certify that you are 18 years of age or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s applicable forms. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Our use of any personally identifiable information you provide to us as part of the online order form or registration process is governed by the terms of our Privacy policy
14.Passwords
To use certain features of the Site, you will need a username and password, which you will set up through the Site’s account registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password, username, or account. Your responsibilities include the payment of all fees and charges associated with the use of the Site, whether or not the use is made by you personally or by someone else using your username, password or account. You agree to notify us immediately of any unauthorized use of your password, username, or account or any other breach of security by sending an email to us via info@nonacare.com. You also agree to ensure that you exit from your account at the end of each purchase or transaction .We cannot and will not be liable for any loss or damage arising from your failure to protect your password, username or account information.