Go2Care Terms and Conditions Agreement

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.go2care.com website operated by Go 2 Care, Inc. (“we”) which provides “Service”

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

PLEASE READ THE AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “AGREE” BUTTON. THE HIPAA STATEMENT AND INFORMED CONSENT ARE INCLUDED UNDER THESE TERMS AND CONDITIONS. THE HIPAA STATEMENT REFERS TO YOUR PRIVACY AND SECURITY RIGHTS AND THE REQUIREMENTS TO PROTECT THOSE RIGHTS. THE INFORMED CONSENT IS A STATEMENT THAT INFORMS YOU, THE CONSUMER, ABOUT THE SERVICES OR PRODUCTS FROM GO 2 CARE. BY ACCEPTING THE TERMS AND CONDITIONS, YOU ARE AGREEING TO BOTH THE HIPAA STATEMENT AND THE INFORMED CONSENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

Please print and keep a copy of this Agreement. Go 2 Care, Inc. may, from time to time, change the terms of this Agreement. It is your responsibility to review these terms each time you use this website.

THIS IS IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE. DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Go 2 Care, Inc.or www.go2care.com does not provide any providers’ services itself. All of the health care providers and experts are independent of Go 2 Care, Inc. and are merely using the Service as a way to communicate with you. Any information or advice received from a provider or expert comes from them alone, and not from Go 2 Care, Inc. Your audio and/or video or written interactions with the providers or experts via the Services are not intended to take the place of your relationship with your regular health care practitioners. Neither Go 2 Care, Inc. nor any of its licensors or vendors or any third parties who provide you with a link to the Service or promote the Service shall be liable neither for any professional advice you obtain from a provider via the Service nor for any information obtained in our website. Go 2 Care, Inc. does not recommend or endorse any specific assessments, providers, interventions, educational materials, or products. Your reliance on any of these items is at your own risk and you assume full responsibility for all risk associated with them.

Go 2 Care, Inc. does not make any representations or warranties about the training or skill of any providers who provide service via the Service. You will be provided with a list of available health care providers or health experts based solely on the information that you, your representative, your employer, or sponsor facility or sponsor plan submits to Go 2 Care, Inc.

You hereby certify that you are physically or legally located in the State you choose as your current location. You acknowledge that your ability to access and use the Service is conditioned upon your submission of information. The providers and experts you access are relying upon this information in order to engage and interact with you. You agree to indemnify Go 2 Care, Inc. and the providers and experts and the web portal interaction from any resulting damage, costs, or claims.

WEBSITE CONTENT

The content found on the web portal should not be considered medical advice. You should always contact an appropriate qualified health care practitioner for diagnosis, assessment, and treatment including patient education, reports, home exercise programs and product recommendations. None of the content on this website represents or warrants that any particular assessment, treatment, education, program or product is safe, effective or appropriate for you. Go 2 Care, Inc. does not endorse any specific assessment, provider or expert, treatment, programs or products.

USE OF WEBSITE

Our Service allows you to post, upload, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the accurate, lawful and legitimate use of any materials that you submit to the website.

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or manner. You agree not to use or submit information under a false name. You agree not to submit information that is unlawful, illegitimate, defamatory, fraudulent, predatory of minors, harassing, threatening or hateful to others or that violates the rights or the privacy rights of others. You agree not to attempt to gain unauthorized access to the website or to any user accounts or hardware or software systems of Go 2 Care, Inc. through hacking, password mining or any other means. Someone who hacks into another’s computer or network system can be punished by a number of different crimes. Go 2 Care, Inc. will pursue any and all laws available for punishment for computer crimes and unauthorized uses of any and all parts of the website and Service. Furthermore, you agree not to intentionally disrupt the operations of the Service by means of viruses, bugs, service attacks, spamming, or any other means that causes the Service and website content not to fully operate.

INTERNATIONAL USE

Accessing the Service from locations outside of the United States where the content is illegal is prohibited. If you choose to access the Service from a location outside of the United States, you do son on your own initiative and are responsible for compliance with local or governing laws.

SERVICES

To access the Service, you must first establish an individual user account, (“Account”) by completing the online enrollment process. You are only allowed to create one account and only an account for yourself unless you have permission for the other person or if you are a legal guardian or representative of the other person. You represent and warrant that you are at least 18 years of age and possess the legal right and ability of behalf of yourself or of a minor child or as a legal guardian or representative of another person. You also agree to provide true, accurate, and complete information about yourself or other and about your or the other health status, conditions and medical history. Go 2 Care, Inc. has the right to suspend or terminate any account when there are reasonable concerns over inaccurate or incomplete information both written and verbal. Go 2 Care, Inc. does not knowingly allow individuals under the age of 18 to create accounts that allow access to the Service.

If you wish to purchase any digital product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, mailing and billing address, age, credit card or required payment information, and information about yourself and your health or that of another person you are legally representing, or a minor child. Go 2 Care, Inc. reserves the right to change the products and services prices at any time. Go 2 Care, Inc. also reserves the right to refuse or cancel certain products or services at their sole discretion. Go 2 Care, Inc. may offer refunds on products or services on a case-by-case basis as determined by the owner of Go 2 Care, Inc.

SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You may or will be billed in advance on a recurring payment schedule according to your choice or agreement during the subscription process. Go 2 Care, Inc. may offer annual or monthly plans. Go 2 Care, Inc. may also from time to time offer a free trial of a product or service.

If you wish to purchase any subscriptions made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, mailing and billing address, credit card or required payment information. Go 2 Care, Inc. reserves the right to change the products and services prices at any time. Go 2 Care, Inc. also reserves the right to refuse or cancel certain subscriptions at their sole discretion. Go 2 Care, Inc. may offer refunds on subscriptions on a case-by-case basis as determined by the owner of Go 2 Care, Inc.

PAYMENT AUTHORIZATION

By accepting the terms and conditions of use, you are authorizing Go 2 Care, Inc. to charge your credit card for the full amount owed as a result to your use of Service. You may be billed prior to beginning the Service or Subscription and again once your scheduled Service session is completed or if your Subscription is recurring. You agree that giving authorization to bill your credit card will remain in effect until you cancel it in writing. You agree to notify Go 2 Care, Inc. of any changes to your billing information. In the case of an ACH transaction being rejected for Non-Sufficient Funds (NSF), you agree that Go 2 Care, Inc. may at its discretion attempt to process the charge again at any time until payment can be made. Go 2 Care, Inc. reserves the right to contact you either by electronic mail or by phone to obtain another form of payment for any balances owed or remaining. Any unpaid balance over 30 days can be a cause for termination from the website and Service and subject to any legal recourse. You also acknowledge that the origination of ACH transactions for payment must comply with the provisions of US law. You certify that you are the authorized user of the credit card or bank account and will not dispute any scheduled transaction with your bank or credit card issuer.

CANCELLATION FEE

By accepting the terms and conditions of use, you are authorizing Go 2 Care, Inc. the right to charge your credit card for $25 (twenty-five dollars) if you fail to cancel your scheduled Service session within the time frame of the cancellation policy.

MATERIALS AND RECORD RETENTION

Subject to applicable law, Go 2 Care, Inc. reserves the right to maintain, transfer, and destroy all communications and materials posted or uploaded to the Service pursuant to its internal policy on record retention and destruction. Go 2 Care, Inc. also reserves complete and sole discretion to change, update, and discontinue any functionality or features of Service.

NOTICES

You agree that Go 2 Care, Inc. may send you digital notices (reports, materials, documents, records or other communications) to the email that you provided during the enrollment process or by our posting any notices on our website. Any delivery of notices is effective from the date posted regardless of if you received or read any notices. You can withdraw from receiving notices by discontinuing or canceling your account.

HIPAA PRIVACY STATEMENT

As a Business Associate of health care providers that are covered entities, we protect the privacy of our consumer’s personal health information (PHI) as required by law (HIPAA, HITECH), practice standards, and our internal policies and procedures. This privacy statement explains your rights, our legal duties, and our privacy practices.

Your Health Information

THIS NOTICE DESCRIBES HOW YOUR HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW CAREFULLY.

We collect, use, and disclose information provided by and about you for medically necessary treatment, health care payment and operations or when we are otherwise permitted or required by law to do so.

For Payment: We may use and disclose information about you in managing your health file, to secure treatment authorization, to confirm insurance coverage, for medical billing and receiving payments for medical care through your health plan or other similar entities. We may also provide information to a doctor’s office, hospital, or other health care providers or health plans to confirm your eligibility for benefits, medical diagnosis, treatment, and other medically necessary information in order to provide appropriate services and receive payment.

For Health Care Operations: We may use and disclose medical information about you for our operations. For example, we may use information about you to review the quality of care and services you receive; to provide medical file management or coordination of medical services such as between treating therapists or between doctor and therapist.

As Permitted or Required by Law: Information by you may be used or disclosed to regulatory agencies, such as during audits, licensure, or other proceedings; for administrative or judicial proceedings; to public health authorities; or to law enforcement officials, such as to comply with a court order or subpoena.

Authorization: Other uses and disclosures of protected health information will be made only with your written permission, unless otherwise permitted or required by law. You may revoke this authorization, at any time, in writing. We will then stop using your information for that purpose. However, if we have already used your information based on your authorization, you cannot take back your agreement for those past situations.

Your Rights

Under regulations you have additional rights over your health information. You will have the right to:

Send us a written request to see or get a copy of information that we have about you, or amend your personal information that you believe if incomplete or inaccurate. If we did not create the information, we will refer you to the source, such as your physician or hospital.
Request additional restrictions on uses and disclosures of your health information. We are not required to agree to these requests.
Request that we communicate with you about medical matters using reasonable alternative means or at an alternative address if communications to your home address could endanger you.
Receive an accounting of our disclosures of your medical information, except when those disclosures are made for treatment, payment, or health care operations, or the law otherwise restricts the accounting.

Complaints

If you believe your privacy rights have been violated, you have the right to file a complaint with us, or with the federal government. You will not be penalized for filing a complaint.

Copies and Changes

You have the right to receive an additional copy of this notice at any time. We reserve the right to revise this notice. A revised notice will be effective for information we already have about you as Ill as any information we may receive in the future. We are required by law to comply with whatever privacy notice is currently in effect. We will communicate any changes to our notice through direct mail.

Contact Information

If you want to exercise your rights under this notice or if you wish to communicate to us about privacy issues or to file a complaint with us, please contact us at contact@go2care.com .

Declaration of Privacy of Health Information

All medical records and other individually identifiable health information used or disclosed by a covered entity in any form, whether electronically, on paper, or orally, are covered by the US Department of Health and Human Services (HHS), and are covered by HIPAA (Health Insurance Portability and Accountability Act of 1996).

Further, you authorize that the results of any assessments or records given to me may be used in completing evaluations, assessments, treatment plans, progress reports, summary reports, discharge summary reports and medical billing and reimbursement. I understand that such reports will only report aggregated data, and will only be used for health care purposes such as third party payment and physician or other authorized health care provider treatment or progress reports. I understand I can restrict the uses and disclosures of my medical information. I understand that I have the right to file a formal complaint with a covered provider or health plan or HHS about violations regarding my health and medical records or information.

INFORMED CONSENT

You agree to participate in a telehealth evaluation, assessment, education, consultation, and/or therapy session. By signing this agreement, I authorize the electronic transmission of my medical information and/or videoconferencing session so that it can be viewed by a therapist, or other health care provider involved in my medical or mental health care.

Telehealth involves the use of audio, video or other electronic communications to interact with you, consult with your healthcare provider and/or review your medical information for the purpose of diagnosis, therapy, follow up and/or education and wellness. During your telehealth consultation, details of your medical history and personal health information may be discussed with or without other health care professionals through the use of interactive video, audio and telecommunications technology. Additionally, video, audio, and/or photo recordings may be taken. I understand that telehealth sessions will not be the same as a direct patient/health care provider visit due to the fact that I will not be in the same location as my health care provider.

The benefits of telehealth include having access to therapy specialists or other health care providers and additional medical information and education without having to travel outside of your local health care community or home community. A potential risk of telehealth is that because of your specific medical condition, disorder, injury or illness, or due to technical problems, an in-person consultation may be necessary after the telehealth session.

Some or all of my medical information may be used in teaching, research, or educational purposes. Therapy assistants, therapy aides, or students of ancillary health care professionals may participate in telehealth consultations, under the supervision of the licensed professional, as part of the education program or to assist in therapy as of this agency. Also, non-medical technical personnel may participate in the telehealth consultation to and in the audio/video link with the health care professional to provide technical support as applicable.

All laws concerning patient access to medical records and copies of medical records apply to telehealth. Dissemination of any patient identifiable images or information from the telehealth consultation to researchers or other entities shall not occur without your consult.

All existing confidentiality protections under federal and state law apply to information used or disclosed during your telehealth consultation.

You may withhold or withdraw my consent to a telehealth consultation at any time before and/or during the consult without affecting my right to future care or treatment or risking the loss or withdrawal of any program benefits in which you would otherwise be entitled.

INTELLECTUAL PROPERTY AND TRADEMARK

All of the content available on or through the website and Service is the property of Go 2 Care, Inc. or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. All software, documentation, and materials made available for download or transmitting from the Service is the copyrighted work of Go 2 Care, Inc. or its licensors. You agree not to reproduce, distribute, retransmit, disseminate, sell, publish, circulate or broadcast the content received through the Service or website. Any copy made of information obtained from the website must include all the applicable copyright notices.

Names including, www.go2care.com, Go2CARE®, are all trademarks of Go 2 Care Corporation. All other brands and names are the property of their respective owners. Nothing contained in this terms and conditions should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of Go 2 Care Corporation or such third party that may own the trademark. Subject to the terms of this agreement, Go 2 Care, Inc. hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, system facilities, content and materials on and in the Service only to the extent necessary to gain access and use the Service. The license does not permit you and you agree not to modify, translate, disassemble, decompile or create derivative works of the Service or allow a third party directly or indirectly (utilities) to modify, translate, disassemble, decompile, or create derivative works of the Service. Furthermore, you agree not to sell, lease, rent, disclose transfer, distribute or provide access to the Service to any third party.

LINKS TO OTHER WEBSITES

Our Service may contain links to third party web sites or services that are not owned or controlled by Go 2 Care, Inc. Go 2 Care, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Go 2 Care, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Contact us if you have any questions about these Terms, please contact us.

TERMINATION

Go 2 Care, Inc. may suspend or terminate your access to the Service at any time, for any reason, or for no reason at all. Go 2 Care, Inc., in our sole discretion, has the right and not the obligation to refuse to allow access of the Service to any person, agency, or organization at any time, for any reason or no reason at all. Go 2 Care, Inc. reserves the right to delete or change any username or password at any time, for any reason or not reason at all. Go 2 Care, Inc. has the right to change, suspend, or discontinue all or part of the Service temporarily or permanently, without prior notice.

DISCLAIMERS

ACCESS TO THE SERVICE AND PRODUCTS AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW. GO 2 CARE, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOTN LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS OF A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GO 2 CARE, INC. DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, NOR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY, OR SUITABILITY O FHTE SERVICE OR PRODUCT OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR PRODUCT, OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OF DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. GO 2 CARE, INC. CANNOT AND DOES NOT ASSUME ANY RESPONSIBILTY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADIVCE, IDEAS, INSTRUCTIONS, PROGRAMS, GUIDELINES ACCESSED THROUGH THE SERVICES.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE OR PRODUCT. UNDER NO CIRCUMSTANCES SHALL GO 2 CARE, INC., ANY GO 2 CARE LICENSOR OR SUPPLIER OR VENDOR, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OF PROVIDERS WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR OUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY AN CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL GO 2 CARE, INC., ITS LICENSORS OR SUPPLIERS OR VENDORS OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES THE SERVICE OR PRODUCT WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) ARRISING FROM OR IN CONNECITON WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU HEREBY RELEASE AND HOLD GO 2 CARE, INC., ITS LICENSORS, SUPPLIES, VENDORS, AND PROVIDERS AND EXPERTS AND ANY THIRD PARTY WHO PROMOTES THE SERVIR OR PROVIDES YOU WITH A LNK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTIAL, AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR USE OF THE SERVICE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITIN A GENERAL RELEASE.

YOU ACKNOWLEDGE AND AGREE THAT GO 2 CARE, INC IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT GO 2 CARE, INC IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICE. GO 2 CARE, INC, ITS LICENSORS, SUPPLIERS, VENDORS, AND ALL THIRD PARTIES WHO PROMOTE OR PROVIDE THE SERVICE OR A LINK TO THE SERVICE EXPRESSLY DISCLAIMS ANY AND ALL LIABLITY RESULTING FROM THE DELIVERY OF HEALTH CARE VIA THE SERIVCE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR PROFESSIONAL MALPRACTICE.

MISCELLANEOUS

This Agreement shall be governed by the laws of California without regards to its rules or conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of California for any dispute based upon or relating to this Agreement. The Agreement constitutes the sole Agreement between you and Go 2 Care, Inc. relating to your use and our provision of Service or Subscriptions or Products and the subject matter hereof, and not representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or Go 2 Care, Inc. Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability of the Agreement as a whole. Failure to insist on the performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default. No waiver by Go 2 Care, Inc. of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign transfer, or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties/ respective successors and permitted assigns. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing singed by the parties. A printed version of the Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.