Terms Of Service

TERMS AND CONDITIONS

Terms

Your use of Advancedcare website, www.advancedcare.com, Advancedcare apps and other websites, and any related offerings ("Website") is subject to these Terms of Use ("Terms") and our Privacy Policy (“Policy”). By using Advancedcare Website, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law. Copyright © 2023 advancedcare PBC All Rights Reserved. THESE TERMS ARE A LEGAL BINDING AGREEMENT BETWEEN YOU AND ADVANCEDCARE PBC (“ADVANCEDCARE”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES. IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, IF APPLICABLE, YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH ENTITY WITH AUTHORITY TO BIND IT TO THESE TERMS. If you have any questions about these Terms, please contact cloud@advancedcare.com.

Advancedcare Services

Advancedcare website provides information on our practice management software, a CRM, form management, measurement based care software, data collection, and client communication service (“Services”) for healthcare providers (“Provider”) providing therapy services and their clients (“Clients”). The Advancedcare Website advertises our mission, podcast, blog, ethics statement, research involvement opportunities, and showcases our team members and advisors. Advancedcare does not provide, sell, offer to sell, coordinate or solicit sales of psychoactive substances, nor does it make any recommendations for any type of intervention. Advancedcare Service may be limited or not available at all in some places due to local law or other restrictions.

You expressly acknowledge, agree and understand that any statements relating to Services have not been evaluated by the Federal Food and Drug Administration (“FDA”).

You expressly acknowledge and agree that Advancedcare (i) is a technology company providing certain Services; (ii) does not itself provide any therapeutic or healthcare services to individuals; (iii) does not provide or recommend any therapeutic services, providers or substances used in connection with such services. It is the sole responsibility of each Provider to offer its services to Clients in a legal and compliant manner, which are facilitated through its use of the Services. Advancedcare has no responsibility or liability for any Services provided by Providers or received by Clients.

While Advancedcare offers optional notification features for instances of reported suicidal ideation by a Client, the Provider retains liability to respond to these notifications.

Account Registration; Safeguards

You agree to keep your account information with Advancedcare accurate, complete and current. You are responsible for the use of your account, so do not let anyone else use it. Keep your login credentials confidential. If you suspect unauthorized activity notify Advancedcare immediately at cloud@advancedcare.com.

If you wish to deactivate your account for any reason, send a request to Advancedcare at cloud@advancedcare.com. If Advancedcare wishes to deactivate your account for any reason, it may do so in its sole discretion. Advancedcare may, but is not obligated to, reactivate an account upon written request to its cloud@advancedcare.com.

License and Access

Advancedcare grants you a limited, personal, nonexclusive, non-transferable, non-sublicensable license to access and make use of the information and materials on this website. You may use the website only as permitted by these Terms and applicable law. All rights not expressly granted in these Terms are reserved and you acknowledge that all intellectual property rights in the website are owned by Advancedcare . You may not resell any of the information or materials on this website or its contents; collect and use any product listings, descriptions or prices; make any derivative use of the website or the Service or its contents; download, copy or otherwise use account information for the benefit of any third party; use data mining, robots or similar data gathering and extraction tools; or otherwise misuse the Service. Any trademarks, logos, service marks, company or product names displayed through the website or Service are trademarks of Advancedcare or third parties, and no right or license is granted to use them. This license will terminate if you do not comply with these Terms.

If you are a Provider, you agree that your use of the Services may be subject to verification by us of your identity and credentials as a health care practitioner, and to your ongoing qualification as such. You agree that we may use and disclose your personal information for such purposes, including (without limitation) making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are unable at any time to determine or verify your qualifications or credentials.

linical Decisions; Errors

Information may be placed on our Internet site by us and by third parties beyond our control. We are not responsible for the accuracy or completeness of information available from or through our site. You assume full risk and responsibility for the use of information you obtain from or through the our site, and you agree that Advancedcare is not responsible or liable for any claim, loss, or liability arising from the use of such information. You acknowledge that we do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on this site relating to any such products, items or services is not an endorsement or recommendation of them.

Whether you are a Client or a Provider, you agree to review the definitions, functionality, and limitations of our Service, and to make an independent determination of its suitability for your use. We and our suppliers and licensors disclaim all warranties, whether expressed or implied, including any warranty as to the quality, accuracy, and suitability of the information provided by the Service for any purpose.

Advancedcare is not responsible for any errors on our site or contained in the Service. It is the Provider’s responsibility to ensure that the information in the Service is accurate and that the Client receives appropriate treatment.

Privacy and Communications

Use of the Services is subject to our Privacy Policy as set forth at https://advancedcare.com/privacy-policy/. When you use the Services or send communications using our site, you may be communicating with us, Providers or Clients electronically. You consent to receive such electronic communications from Advancedcare , Providers, and Clients.

Advancedcare Ownership of Intellectual Property

Advancedcare owns all right, title and interest or holds valid licenses in and to, this website and the Service and the respective contents of each, including but not limited to images, written materials, design, data, source code and other intellectual property, whether registered or not, including patent, copyright, trade secret, trademark, show-how, know-how, and any other US or international intellectual property rights therein.

Content You Provide

You may provide personal information, communications, and other content, if the content is not inaccurate, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious or objectionable to Advancedcare or others, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of a gift or other content. Advancedcare does not regularly review posted content, but it does reserve the right to remove or edit such content. You acknowledge that any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you on our website or relating to the Service are non-confidential and shall become the sole property of Advancedcare and Advancedcare may sublicense, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media.

Third Party Materials

Advancedcare does not examine, warrant or endorse any third party sites, apps, and content (including data, information, images, descriptions, articles, advertisements, or other products, services and/or materials) to which the Service links, displays, includes or makes available collectively, “Third-Party Materials”) and is not liable for your use of them.

You acknowledge and agree that Advancedcare is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Advancedcare does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Advancedcare does not endorse and is not responsible or liable for the behavior, features or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.

You hereby release and forever discharge Advancedcare (and its officers, employees, agents, successors and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users or Third-Party Materials.

Indemnity

You agree to indemnify, defend and hold Advancedcare (and its subsidiaries, affiliates, officers, employees and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of this website or the Service, (ii) any content you provide, (iii) your violation of these Terms or our Privacy Policy, (iv) your violation of applicable laws or regulations, (v) the actions of any person gaining access to your account or the Service under a user ID assigned to you, or (vi) damage to any property (including without limitation, Advancedcare property), physical injury or death. Advancedcare reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Advancedcare and you agree to cooperate with its defense of these claims. You agree not to settle any matter without Advancedcare prior written consent. Advancedcare will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranties

All the materials on Advancedcare Website are provided on a “as is” and ‘as available’ basis. Advancedcare makes no express or implied warranty of any kind. Advancedcare makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Advancedcare does not make any representations concerning the accuracy or reliability of the information or materials on its Website or otherwise relating to such information or materials or any sites linked to this Website.

ADVANCEDCARE MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ADVANCEDCARE OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ADVANCEDCARE MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO ACCESS OUR SITE OR USE OUR SERVICE.

Limitation of Liability

ADVANCEDCARE IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE OR THE SERVICE, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND. ADVANCEDCARE IS NOT BE LIABLE FOR ANY INAPPROPRIATE, DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF ANY PROVIDER, CLIENT OR OTHER THIRD PARTY ON THIS WEBSITE.

If an arbitrator or a court finds Advancedcare liable for damages notwithstanding the foregoing, Advancedcare total liability for all damages shall not exceed the amount paid by you to Advancedcarefor your use of the Service.

WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE WEBSITE OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE WEBSITE, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL FORMS, DATA AND REPORTS. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT FORMS OR REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH THE WEBSITE.

Copyright Dispute Process

Export Controls

Access to the website and the purchase and use of the Service is subject to United States Export Controls. No products or services from this site may be viewed, downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By ordering products or viewing or downloading or the services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.

International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use or purchase in locations outside the United States and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access this site from other locations do so on their owninitiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Updates

Advancedcare may update these Terms at any time. Updates are effective as of the “Last updated” date at the end of these Terms. Your use of the Service after an update is your acceptance of the updated.

Terms. If any part of the Terms are found invalid, void or unenforceable, that part shall be severed and not affect any remaining term or condition.

Opt-Out of Services

You can opt out of our research programs at any time. Our protocol for this process occurs via a GDPR “right to be forgotten” request, which can be sent to cloud@advancedcare.com. Please see a sample letter for such a request here. here . Please note that it takes 30 days for our system to absolve all aggregated data based on your information.Furthermore, you can regularly reassess and change the settings around how your information is stored, used, and shared at any time in your account settings. Please see our Privacy Policy set forth at: https://advancedcare.com/privacy-policy/. Please see our Privacy Policy to learn more about our opt-out procedures.

Governing Law and Dispute Resolution

This site (excluding any linked sites) is controlled by us from our offices within the State of Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this site, both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. All disputes, claims and controversies between the parties arising from this Terms of Use including, without limitation, contract, tort and other claims (each a “Dispute”), shall, before commencement of any litigation, be submitted to non-binding mediation in Denver, Colorado before the Judicial Arbiter Group (“JAG”) within thirty (30) days after the applicable Dispute arises; provided, however, that the obligation to mediate shall not apply if any party seeks a temporary restraining order or a preliminary injunction. If the parties are unable to resolve such Dispute through mediation, then the parties agree that any action arising out of or in connection with such Dispute shall be brought in the District Court in and for the City and County of Denver, Colorado, which court shall have exclusive jurisdiction over any such action, and each of the parties hereby consents to the personal jurisdiction of, and waives any objection to venue in, such court.

Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at cloud@advancedcare.com, if by e-mail, or at Attn: Data Protection Officer, Advancedcare PBC, 1312 17th St Suite 775 Denver, CO, 80202-1508 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance. Such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

Entire Agreement

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our affiliates must be instituted with one (1) year after the cause of action arises or it will be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this site or use of or access to this site. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, pandemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.