Service Agreement in Indianapolis, IN

PLEASE NOTE: Comfort Covenant Home Care, LLC, SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.

Welcome to Comfort Covenant Home Care, LLC. These Terms of Service (“Terms“) govern your access to and use of the website at https://www.comfortcovenanthc.com/ (the “Website”) and constitutes a binding legal agreement between you (you, “your “or “User” refers to the individual that visits or uses our Website), as a user of the Website for adherence, and to https://www.kaleidahealth.org/. (doing business as “Comfort Covenant Home Care“), and its affiliates (“Comfort Covenant Home Care, LLC” “we“, “us“, or “our“). For further information on policies governing the use of our technology platforms, please visit our Website’s Privacy Policy.

NOTE THAT SECTION 26 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

By accessing or using our Website, you agree to these Terms. Failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. If we make changes, we will notify you by revising the date at the top of the Terms, and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an electronic notification). It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver in Section 26, you are not authorized to access or use the Website for any purpose.

1. PRIVACY POLICY

   Federal and State laws govern the confidentiality of medical information. Please read our privacy policy for information about how Comfort Covenant Home Care collects, uses, and discloses information through the Website. By accessing or using our Website you agree that Comfort Covenant Home Care can collect, use and share such information in accordance with our privacy policy, which is hereby incorporated into these Terms by reference. If you do not agree with the Privacy Policy, you should immediately cease any use of our Services. We reserve the right to modify our privacy policy from time to time.

2. BROWSING ELIGIBILITY AND MINORS

   General browsing of our Website is not intended for users under the age of eighteen (18). By providing information about yourself to Comfort Covenant Home Care, you are representing that you are eighteen (18) years of age or older. Please check our Privacy Policy for more information on how we handle children’s information.

3. SERVICES

   Comfort Covenant Home Care, LLC (the “Agency”), provides non-medical private duty home care services (“Services”). Comfort Covenant Home Care offers Companion Services; Personal Care Services/Attendant Care; Homemaking Services, including Meals and Nutrition and Light Housekeeping; Errands, and Specialty Care in the form of End-of-life care (Hospice and Palliative support), Respite, 24-Hour Care, Wake up/tuck-in support, Wellness calls/check-ins, etc. (collectively “Services”). PLEASE NOTE: Comfort Covenant Home Care, LLC IS NOT A MEDICAL PROVIDER.

4. MEDICAL EMERGENCY

   COMFORT COVENANT HOME CARE’S WEBSITE AND SERVICES ARE NOT INTENDED FOR USE IN MEDICAL EMERGENCIES OR OTHER URGENT SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR OR DIAL 9-1-1 IMMEDIATELY.
5. ACCOUNT CREATION; REGISTRATION REQUIREMENTS

   You will need to register for an Agency Account (“Account“) to access your personal records on file. As part of this process, you will be required to provide your name, email address, date of birth, phone number, gender, physical address, and social security number, and create a password when you create an Account. If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You also must maintain the security of your Account and promptly notify us if you discover or suspect that someone has accessed your Account without your permission. You may designate another person involved with your care, called a “Representative”, to receive access to your Account. You understand that the Representative will be able to access your Account and all of the information in the Account, including the ability to download, print, email, and provide access to the information to others. If you permit others to use your Account credentials, or if you designate a Representative, you are responsible for the activities of such users, including Representatives, that occur in connection with your Account.

   By creating an Account, you also consent to receive electronic communications from the Agency (e.g., via email, text message, or by posting notices to the Services). These communications may include operational notices about your Account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

   1. Certain aspects of the Services are available only to Agency Users who register with us. To register with us as a User, you must be of legal age to form a binding contract. You are responsible for safeguarding and maintaining the confidentiality of your email address and password, and you agree not to disclose them to any third party unless otherwise permitted in a written agreement with us. You will be solely responsible for any activities or actions taken under your Registered Account, whether or not you have authorized such activities or actions. You must notify us immediately if your username and password have been lost or stolen or if you otherwise know or suspect that any unauthorized person is using your password or your Account. We strongly recommend that you do not access or use the Portal on public computers. You agree that the information that is provided to us during registration or at any other time, will be provided in good faith and will be true, accurate, current, and complete. This information includes but is not limited to, your name and email address.

6. SERVICE PRICING INFORMATION

   Comfort Covenant Home Care offers competitive pricing for Services that are not always covered by health insurance. Therefore, the Agency accepts private payment methods. In the event of private pay, all fees associated with Services are the financial responsibility of the Client and/or responsible party. Please note that prices for Services, offers, and specials are subject to change at any time without notice. In exchange for certain fees, the Agency agrees to provide the Client with the services described in this Agreement on the terms and conditions contained in this Agreement. Medicaid Waiver funding is accepted in the state of Indiana and is billed for services rendered. For Service rendered, we accept checks and credit and debit cards. Services may also be covered by private or government insurance plans, if applicable.

   While Comfort Covenant Home Care strives to provide accurate pricing information, pricing or typographical errors may occur. In the event that a Service is listed at an incorrect price due to typographical error or any other reason, we shall have the right to refuse or cancel any service request placed for such Service at the incorrect price, even if the service request has been confirmed and/or your credit or debit card has been charged. If your credit or debit card has already been charged for the Service(s) and your order is canceled, Comfort Covenant Home Care shall issue a credit to your credit or debit card account in the amount of the correct price.

   Comfort Covenant Home Care and its affiliates do not advertise or solicit for patronage, which is not in the public interest or in violation of any State or Federal laws. Any advertising of fixed prices or a stated range of prices for specified routine professional services is permitted, provided that if there is an additional charge for related services that are an integral part of the overall service being provided, the advertisement shall so state and provided further that the advertisement indicates the period of time for which the advertised practices shall be in effect.

7. DEPOSITS, SERVICE PAYMENTS, LATE FEES, CANCELLATIONS, AND REFUNDS

   Service payment is due at the time the Service is rendered. If you are paying via insurance, Comfort Covenant Home Care will bill your insurance company on your behalf, and you will be billed for any deductible and/or co-payment due at the time of service. Client assumes full responsibility for the payment of any and all sums that become due for services. I understand that Comfort Covenant Home Care, LLC will invoice on a weekly basis. Due to billing in arrears, the undersigned agrees to submit payment within one (1) calendar day or the due date on the invoice. Payments can be made via Zelle, Bill pay, or by authorizing Comfort Covenant Home Care, LLC to withdraw/charge the undersigned Visa or MasterCard or check. There is a 4% surcharge for all credit card charges. The undersigned will be legally responsible for all collection activity fees and legal fees incurred by Comfort Covenant Home Care, LLC for collecting delinquent invoices/monies owned by Comfort Covenant Home Care, LLC. Comfort Covenant Home Care, LLC will apply a 2% fee on all outstanding invoices which are not paid in full within 3 business days. If a third party is utilized for payment of services, it is still the sole responsibility of the undersigned to ensure Comfort Covenant Home Care, LLC receives payment on time.

   1. Credit Card Payments

      By paying with a credit or debit card, you hereby certify that you are: (1) an authorized user of the credit or debit card or have been granted authorization to use the credit or debit card; (2) you authorize Comfort Covenant Home Care to charge the amount agreed upon to the credit or debit card; and (3) if the charge is declined or reversed by the credit or debit card issuer, network, or bank, there will be a $25.00 fee assessed in addition to current invoice and payable within (24) hours via money order or cashier’s check in person at Comfort Covenant Home Care, LLC. You understand that you are still responsible for the full payment of the Services. Presenting any form of payment in which you are not an authorized user may be considered fraud and subject to law enforcement notification and prosecution.

   2. Returned Check Fee

      If a check is returned by your financial institution, a $40 charge will be assessed. The agency will not accept checks from anyone who has previously presented 2 checks that were returned for any reason. Returned checks not paid in full within 3 days of notification may result in the suspension of services. In the event that you have presented 2 checks that were returned, the payment for the next week of service will be due prior to services being performed and payment will only be accepted in the form of cash or credit card payment.

   3. Deposit

      Prior to initial services being provided, you agree to deposit the amount equal to the service being performed according to the number of hours/days per week requested. The deposit will be applied toward your final invoice at discharge, or a refund will be given within 7 business days.

   Payments will be processed once per week and ongoing thereafter until termination of services. You understand that you may not settle amounts you owe to Comfort Covenant Home Care by writing “Paid in Full“, “Full and Final Payment“, “In Full Satisfaction“, or any other message on your bill.

   To cancel an appointment, you must provide at least twenty-four (24) hours’ notice. If you do not cancel your appointment within twenty-four (24) hours of the appointment time, you will be subject to a late cancellation fee. The late cancellation fee will be charged to the credit card, debit card, or account on file. Unrendered canceled Services will not be charged to your account or billed to your insurance.

   Comfort Covenant Home Care does not offer refunds on services rendered.

8. EVENTS OUTSIDE OUR CONTROL

   An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disasters, or failure of public or private telecommunications networks.

   If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) If necessary, we will contact you as soon as reasonably possible to notify you, and (2) our obligations under these general conditions will be suspended; and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

9. COMMUNICATIONS

   When obtaining Services, you may receive communications from us, which may include emails, chat messages, text messages (SMS; MMS; RCS), and voice calls (the “Communications“). Your agreement to receive Communications is not a condition of any Service. Communications from or on behalf of Comfort Covenant Home Care may include but are not limited to the use of Services; informational communications concerning the Website, messages from your healthcare provider, marketing content such as updates concerning new and existing Services; and communications concerning promotions run by us or our third-party affiliates.

   IF YOU WISH TO OPT OUT OF COMFORT COVENANT HOME CARE PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF COMFORT COVENANT HOME CARE TEXT MESSAGES (INCLUDING OPERATIONAL, PROMOTIONAL, AND TRANSACTIONAL), YOU CAN REPLY WITH THE WORD “STOP” or “STOP ALL.”

   Additionally, you agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

   1. Mobile Text Message Opt In

      Comfort Covenant Home Care may give Subscribers the option to receive mobile text messages from Comfort Covenant Home Care by affirmatively opting in. By opting in, you agree to receive auto-dialed or predetermined mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer“). Message and data rates may apply.

   2. Mobile Text Message Opt Out

      If you do not wish to continue receiving text messages, you agree to reply STOP or STOP ALL to any mobile message sent to you in order to opt out. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting an agent or employee to remove you from our list, is not a reasonable means of opting out. Ten (10) days will be given to honor requests to opt out.

10. TESTIMONIALS, REVIEWS, AND CONTESTS

    Comfort Covenant Home Care and its affiliates may feature testimonials and reviews in order to provide additional information about others’ experiences with the Services offered. While all information, photos, and quotes used are from actual clients or client family members and/or representatives sharing their honest opinions of the Services, these testimonials or reviews are not to be considered as a guarantee that current or future clients will experience the same results or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial or review on our Website, you do not expect the same results, and understand this information is not a guarantee.

    Comfort Covenant Home Care and its affiliates may also provide the opportunity to participate in contests or sweepstakes on our Website and/or third-party social media platforms. If you participate, we will request certain personal information. Participation in these contests is voluntary, and you, therefore, have a choice whether or not to disclose this information. We may announce the names of contest winners on our Website and/or on social media platforms.

11. FEEDBACK

    You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Comfort Covenant Home Care or the Services are entirely voluntary, and Comfort Covenant Home Care will be free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

12. THIRD PARTIES

    Any dealings with third parties included within or on the Services, involving the delivery of and payment of third-party goods in relation to Services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Comfort Covenant Home Care is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website or during Services does not constitute an endorsement or recommendation of a such third party or the product or services of such third party by Comfort Covenant Home Care or any of its employees, officers, independent contractors, agents, affiliates, or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Comfort Covenant Home Care encourages you to conduct your own research and due diligence regarding such third parties and their products and services.

13. LINKS TO THIRD PARTIES

    The Website may include links to third-party Websites, resources, and advertisements (collectively, “Third-Party Sites“). Comfort Covenant Home Care is not responsible or liable for the availability or accuracy of, and Comfort Covenant Home Care does not endorse, sponsor, or recommend any Third-Party Sites or the content, products, or services on or available from such Third-Party Sites. Your use of Third-Party Sites is at your own risk, and Comfort Covenant Home Care and its affiliates will not be liable for any losses arising out of or relating to Third-Party Sites.

    In addition, Comfort Covenant Home Care makes no representation that such Third-Party Sites are appropriate or available for use in any particular location. To the extent you choose to access such Third-Party Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Comfort Covenant Home Care reserves the right to change, suspend, remove, or disable access to any Third-Party Sites at any time without notice. In no event will Comfort Covenant Home Care be liable for the removal of or disabling access to any such Third-Party Sites. Comfort Covenant Home Care may also impose limits on the use of or access to certain Third-Party Sites in any case and without notice or liability.

    Before you use any Third-Party Site, you should review the applicable terms of use and policies for such website.

14. GENERAL CONTENT

    For purposes of these Terms: “Content” means text, graphics, images, music, software, audio, video, feedback, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.

    Content on the Services is provided to you “AS IS“. We reserve the right to change the Website and the Comfort Covenant Home Care Content (defined below) at any time. However, we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. We are not responsible if the information made available on this site contains typographical errors, is not accurate, is not complete, or is not current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. Under no circumstances will Comfort Covenant Home Care be liable in any way for any Comfort Covenant Home Care Content, including, but not limited to, any errors or omissions in any Comfort Covenant Home Care Content or any loss or damage of any kind incurred at any time as a result of the use of any Comfort Covenant Home Care Content posted, emailed, transmitted or otherwise made available via the Service.

    This site may contain certain historical information. Historical information may not be current and is provided for your reference only.

15. COMFORT COVENANT HOME CARE CONTENT: INTELLECTUAL PROPERTY

    The Website, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Comfort Covenant Home Care Content“) are owned by or licensed to Comfort Covenant Home Care and are protected under copyright, trademark, and other laws of both the United States and foreign countries. Except as explicitly stated in these Terms, Comfort Covenant Home Care and its licensors (including other Subscribers) reserve all rights in and to its Website and the Comfort Covenant Home Care Content.

    Comfort Covenant Home Care hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and the Comfort Covenant Home Care Content; provided, however, that such license is subject to these Terms and does not include any right to (1) sell, resell the Website, or the Comfort Covenant Home Care Content; (2) copy, reproduce, distribute, publicly perform or publicly display Comfort Covenant Home Care Content, except as expressly permitted by Comfort Covenant Home Care or its licensors; (3) modify the Comfort Covenant Home Care Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Website and the Comfort Covenant Home Care Content; (4) use any data mining, robots or similar data gathering or extraction methods; and (5) use the Website or the Comfort Covenant Home Care Content other than for their intended purposes. Any use of the Website or the Comfort Covenant Home Care Content other than as specifically authorized herein without Comfort Covenant Home Care’s prior written permission is strictly prohibited and will terminate the license granted herein.

16. COPYRIGHT COMPLAINTS

    Comfort Covenant Home Care reserves the right in its sole discretion to immediately suspend and/or terminate access to the Services by any Subscriber who is alleged to have infringed on the intellectual property rights of Comfort Covenant Home Care or of a third party or otherwise violated any intellectual property laws or regulations. Comfort Covenant Home Care’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated, and you want Comfort Covenant Home Care to delete, edit, or disable the material in question, you must provide Comfort Covenant Home Care with all of the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
    • Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Comfort Covenant Home Care to locate the material;
    • Information reasonably sufficient to permit Comfort Covenant Home Care to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    For this notification to be effective, you must provide it to Comfort Covenant Home Care’s Designated Agent by email with a return receipt acknowledgment:

    • Designated Agent: Comfort Covenant Home Care Copyright Compliance Department
    • E-Mail Address: info@comfortcovenathc.com

    Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to Comfort Covenant Home Care for certain costs and damages.

17. APPROPRIATE USE OF THE WEBSITE

    You agree to use the Website in accordance with all applicable local, state, national, and foreign laws, treaties, and regulations. You will not violate any contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Website.

    In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Website:

    • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
    • Use or attempt to use another User’s account or third-party account without authorization from that User;
    • Launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to Comfort Covenant Home Care servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
    • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
    • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    • Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
    • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Website that you are not authorized to access;
    • Develop or use any third-party applications that interact with our Website without our prior written consent, including any scripts designed to scrape or extract data from our Website;
    • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Comfort Covenant Home Care or any of Comfort Covenant Home Care’s providers or any other third party (including another Subscriber) to protect the Services or Content;
    • Misrepresent your identity or provide Comfort Covenant Home Care with any false information in any information-collection portion of our Website;
    • Infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    • Use any meta tags or other hidden text or metadata utilizing a Comfort Covenant Home Care trademark, logo URL, or product name without Comfort Covenant Home Care’s express written consent;
    • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    • Directly or indirectly authorize anyone else to take actions prohibited in these Terms of Service; or
    • Use our Website for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

    If you become aware of misuse of the Service by any person, please contact Comfort Covenant Home Care at info@comfortcovenathc.com.

18. WEBSITE UPDATES

    Comfort Covenant Home Care may from time to time, in its sole discretion (without obligation), develop and provide updates for our Website, which may include error corrections and/or new features (collectively, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Comfort Covenant Home Care has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. For clarity, all Updates are part of the Website and subject to these Terms.

19. INFORMATION AND SERVICES PROVIDED BY THIRD-PARTY ELECTRONIC HEALTH RECORD SYSTEMS

    Any information and services provided by third-party electronic health record systems (“Third-Party EHRs”) on the Services are the sole responsibility of Third-Party EHRs. Comfort Covenant Home Care has no responsibility or liability for the information and services provided by Third-Party EHRs. Similarly, Third-Party EHRs have no responsibility or liability for the services provided by Comfort Covenant Home Care. Third-Party EHRs and Comfort Covenant Home Care have no agency, partnership, joint venture, or employee-employer relationship intended or created by these Terms or any relationship between these Third-Party EHRs and Comfort Covenant Home Care.

    Any information provided by Third-Party EHRs is designed to assist licensed healthcare practitioners in caring for Users and/or to serve Users of offered service as a supplement to, and not a substitute for, the expertise, skill, knowledge, and judgment of healthcare practitioners. Healthcare practitioners should use their professional judgment in using the information provided. Third-Party EHRs do not assume any responsibility for any aspect of healthcare administered with the aid of information the Third-Party EHRs provide.

20. CHANGES TO SCHEDULE, SERVICES, OR CANCELLATIONS

    Changes to services/care plans may be initiated by the Client and/or representative through a phone call or written communication to the Agency. Advance notice of twenty-four (24) hours will be provided for any change contemplated. Adjustments to rates and billing may be made as a result of changes to the services/care plan. Any such changes to services and billing amounts shall be stated in writing and provided to the Client. Acceptance by Client of new or additional services will be deemed acceptance by Client of new or different service rates and Agreement to pay for such new or different services.

    Cancellations may be made up to twenty-four (24) hours in advance of a scheduled visit without charge. We reserve the right to charge for a scheduled visit if insufficient notice is not given. All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to access our Website or our termination of the Website. These Terms will survive and continue to apply after any changes to schedule, services, or cancellations, except that your access rights and other rights as a user will be suspended, terminated, or canceled, respectively.

21. TERMINATION OF SERVICES

    Either the responsible party or the Agency may end service at any time by giving the other party two weeks (14) days’ written notice and notification to the Client. If either party terminates the Service, all fees due at the time of termination will be due and payable by you immediately. The Agency will refund any prepaid fees. If the Service is terminated by Client with less than (14) days’ notice, Client will pay a penalty of an additional half of their monthly dues (the penalty). The penalty will not be assessed by the Agency under the following:

    1. When care needs to undergo a change which necessitates transfer to a higher level of care or in the event the Client passes away.
    2. When there is documented non-compliance with the Care Plan or Service Agreement (including non-payment of justified charges.).
    3. When activities or circumstances in the home jeopardize the welfare and safety of the Agency Caregivers.
    4. Client and or its family members not adhering to the policies and procedures.

22. DISCLAIMER OF WARRANTIES

    YOUR USE OF THE WEBSITE AND THE COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. THE WEBSITE AND THE COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

    COMFORT COVENANT HOME CARE AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITE AND THE COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

    WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR WEBSITE.

    WE MAKE NO REPRESENTATIONS CONCERNING AND DO NOT GUARANTEE (1) THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE AND THE COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY COMFORT COVENANT HOME CARE CONTENT OR ITS APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES, OR (B) THAT THE WEBSITE AND THE COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. COMFORT COVENANT HOME CARE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE WEBSITE AND THE COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE WHEN THEY ARE USED IN ANY OTHER COUNTRY.

    NO ADVICE OR INFORMATION PROVIDED TO YOU BY COMFORT COVENANT HOME CARE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT, THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

23. LIMITATION OF LIABILITY

    IN NO EVENT WILL COMFORT COVENANT HOME CARE, COMFORT COVENANT HOME CARE’S LICENSORS, AFFILIATES, AND OUR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES, (COLLECTIVELY, “COMFORT COVENANT HOME CARE PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE OR FROM THE CONDUCT OF YOU OR ANYONE ELSE (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE), WHETHER ONLINE OR OFFLINE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT COMFORT COVENANT HOME CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE COMFORT COVENANT HOME CARE CONTENT INCLUDED IN THIS WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE COMFORT COVENANT HOME CARE PARTIES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

    SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH AN EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

24. INDEMNIFICATION

    Employee caregivers are non-medical providers and are therefore, not licensed to perform medical services, and the undersigned, indemnify, jointly, and severally hereby forever release, discharge, acquit, and forgive any and all claims, actions, suits, demands, liabilities, judgment, and preceding both at law and in equity, arising from the beginning of time to the date of termination of this Agreement with the agency provider, such are caused directly by the negligent act or emits of the above items and services and the agency caregivers, and which result in bodily injury or property damage. This release shall be binding upon the insurers, the priorities, their successors, and assigned and personal representatives.

25. RELEASE

    To the fullest extent permitted by applicable law, you release Comfort Covenant Home Care and the other Comfort Covenant Home Care Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 AS WELL AS ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

26. DISPUTE RESOLUTION; BINDING ARBITRATION

    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COMFORT COVENANT HOME CARE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

    1. Binding Arbitration

       Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of sections herein or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Comfort Covenant Home Care agree (1) to waive your and Comfort Covenant Home Care’s respective rights to have any and all Disputes arising from or related to these Terms, or the Website, resolved in a court, and (2) to waive your and Comfort Covenant Home Care’s respective rights to a jury trial. Instead, you and Comfort Covenant Home Care agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

    2. No Class Arbitrations, Class Actions, or Representative Actions

       You and Comfort Covenant Home Care agree that any Dispute arising out of or related to these Terms or the Website is personal to you and Comfort Covenant Home Care and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Comfort Covenant Home Care agree that there will be no class arbitration or arbitration in which an individual attempt to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Comfort Covenant Home Care agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.

    3. Federal Arbitration Act

       You and Comfort Covenant Home Care agree that these Terms affect interstate commerce and that the enforceability of this Section 26 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA“), to the maximum extent permitted by applicable law.

    4. Notice; Informal Dispute Resolution

       You and Comfort Covenant Home Care agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Comfort Covenant Home Care shall be sent by certified mail or courier to 16165 N. 83rd Ave. Ste. 200 Peoria, AZ 85382. Your notice must include (1) your name, postal address, telephone number, and email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent in accordance with Section 9 and will include (4) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (5) a description in reasonable detail of the nature or basis of the Dispute, and (6) the specific relief that we are seeking. If you and Comfort Covenant Home Care cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Comfort Covenant Home Care may, as appropriate and in accordance with this Section 26, commence an arbitration proceeding or, to the extent specifically provided for in Section 26, file a claim in court.You and Comfort Covenant Home Care agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Comfort Covenant Home Care shall be sent by certified mail or courier to 16165 N. 83rd Ave. Ste. 200 Peoria, AZ 85382. Your notice must include (1) your name, postal address, telephone number, and email address at which you can be contacted, (2) a description in reasonable detail of the nature or basis of the Dispute, and (3) the specific relief that you are seeking. Our notice to you will be sent in accordance with Section 9 and will include (4) our name, postal address, telephone number, and an email address at which we can be contacted with respect to the Dispute, (5) a description in reasonable detail of the nature or basis of the Dispute, and (6) the specific relief that we are seeking. If you and Comfort Covenant Home Care cannot agree on how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Comfort Covenant Home Care may, as appropriate and in accordance with this Section 26, commence an arbitration proceeding or, to the extent specifically provided for in Section 26, file a claim in court.

    5. Process

       EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTIONS HEREIN OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND COMFORT COVENANT HOME CARE AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR COMFORT COVENANT HOME CARE WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND COMFORT COVENANT HOME CARE WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Comfort Covenant Home Care agree that (1) any arbitration will occur in the State of Arizona and Indiana, (2) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS“), which are hereby incorporated by reference, and (3) that the state or federal courts of the State of Arizona and Indiana and the United States, respectively, sitting in the State of Arizona and Indiana, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

    6. Authority of Arbitrator

       As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 26, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 26 are to be decided only by a court of competent jurisdiction and not by the arbitrator.

    7. Rules of JAMS

       The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (1) acknowledge and agree that you have read and understand the rules of JAMS or (2) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

    8. Severability

       If any term, clause, or provision of this Section 26 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this Section 26 will remain valid and enforceable. Further, the waivers set forth in Section 26 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

    9. Opt-Out Right

       You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by writing to: info@comfortcovenathc.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 26. If you do not provide Comfort Covenant Home Care with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in Section 26.

27. GOVERNING LAW; VENUE

    These Terms and our relationship with you will be governed by the laws of the State of Arizona and Indiana, excluding its choice of laws and rules. You and Comfort Covenant Home Care each irrevocably agree that any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved on an individual basis exclusively in the state courts located in Arizona and Indiana. You and Comfort Covenant Home Care each irrevocably consent to the personal jurisdiction of these courts and waive any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Comfort Covenant Home Care agree that Comfort Covenant Home Care may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these 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 Terms remain in full force and effect.

28. MISCELLANEOUS

    1. Inaccurate Information

       The Website may contain typographical errors or other inaccuracies and may not be complete or current. Comfort Covenant Home Care reserves the right but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Comfort Covenant Home Care may refuse to provide services that are based on inaccurate or erroneous information on the Website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

    2. Modification

       We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted on our Website. Your continued use of our Website will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.

    3. Section Titles

       The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.

    4. Assignment

       This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Comfort Covenant Home Care without restriction.

    5. Integration Clause

       These Terms, along with any additional terms and conditions incorporated herein, constitute the entire agreement between you and us relating to our Website and the Comfort Covenant Home Care Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Website or the Comfort Covenant Home Care Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Website or the Comfort Covenant Home Care Content, the signed written agreement will control.

    6. Waiver and Severability of Terms

       The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond.

    7. Survival

       In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    8. Statute of Limitations

       You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Agency Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

29. CONTACT US

    We encourage you to contact us if you have any questions, comments, or complaints concerning our Terms of Service.

    Comfort Covenant Home Care

    Address: 16165 N. 83rd Ave. Ste. 200, Peoria, AZ 85382

    Email: info@comfortcovenathc.com