Introduction Welcome to Home Care Scheduler! These Terms of Service govern your use of our route optimization tool and associated services (referred to collectively as the "Service"). By accessing or using our Service, you agree to be bound by these Terms of Service, which constitute a legally binding agreement between you and Home Care Scheduler. It is important that you read and understand these terms before using our Service. If you do not agree with any part of these terms, you may not access or use the Service. We reserve the right to modify or update these Terms of Service at any time, and your continued use of the Service after any such changes signifies your acceptance of the revised terms. If you have any questions or concerns regarding these Terms of Service, please contact us using the information provided at the end of this document. Thank you for choosing Home Care Scheduler!
Acceptance of Terms By accessing or using our route optimization tool and associated services (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and Home Care Scheduler. You affirmatively accept these terms by checking the designated checkbox provided during the signup and login process, indicating your understanding and acceptance of the terms outlined herein. Please note that if you do not agree to these terms or are unwilling to abide by them, you may not access or use the Service. It is your responsibility to review these Terms of Service periodically for any updates or changes. Your continued use of the Service after any modifications to the terms constitutes acceptance of those changes. If you have any questions or concerns regarding these Terms of Service, please contact us using the information provided at the end of this document.
Use of Service Our route optimization tool is designed to assist approved businesses in optimizing the order and route for their home visit appointments in exchange for payment ("Service"). By using our Service, you agree to abide by these Terms of Service and any additional guidelines or policies provided by Home Care Scheduler. To access and use our Service, you must be an approved business entity or individual user authorized by Home Care Scheduler. Upon approval, you will be granted access to our application to optimize the order and route for your home visit appointments. Please note that the use of our Service is subject to payment of applicable fees or charges, as outlined in your agreement with Home Care Scheduler. Failure to adhere to payment obligations may result in suspension or termination of access to the Service. Unauthorized use of our Service, including but not limited to accessing or attempting to access accounts of other users, tampering with software or systems, or engaging in any activity that disrupts or interferes with the operation of the Service, is strictly prohibited. We reserve the right to suspend or terminate your access to the Service at any time for violations of these Terms of Service or for any other reason deemed necessary by Home Care Scheduler. If you have any questions or concerns regarding the use of our Service, please contact us using the information provided at the end of this document.
User Accounts To access certain features of our route optimization tool and utilize our services, you may be required to create a user account ("Account"). When creating an Account, you agree to provide accurate, current, and complete information about yourself, or your business as prompted by the registration form. You also agree to maintain the confidentiality of your Account login credentials and are solely responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We reserve the right to suspend or terminate your Account at any time for violations of these Terms of Service or for any other reason deemed necessary by Home Care Scheduler. You may not transfer your Account to any other party without our prior written consent. Additionally, you may not use another user's Account without their permission. We reserve the right to refuse service, terminate Accounts, or remove or edit content in our sole discretion. By creating an Account, you consent to receive communications from us electronically, including but not limited to email communications regarding your Account, updates, and promotional materials. You may opt-out of receiving certain communications by following the unsubscribe instructions provided in the email. If you have any questions or concerns regarding user accounts, please contact us using the information provided at the end of this document.
Intellectual Property The route optimization tool and all related software, content, features, and functionality, including but not limited to trademarks, logos, service marks, graphics, and images (collectively, the "Intellectual Property"), are owned by Home Care Scheduler and are protected by intellectual property laws, including copyright, trademark, and other proprietary rights. You acknowledge and agree that Home Care Scheduler retains all rights, title, and interest in and to the Intellectual Property. You are granted a limited, non-exclusive, non-transferable license to access and use the Service and its content solely for the purposes outlined in these Terms of Service. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Intellectual Property except as expressly permitted by Home Care Scheduler. We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us using the information provided at the end of this document. Please note that while we own the Intellectual Property associated with the route optimization tool, we do not claim ownership of user data. Users retain ownership of their data and grant us a limited license to use, process, and display such data solely for the purposes of providing the Service in accordance with our Privacy Policy. If you have any questions or concerns regarding intellectual property rights, please contact us using the information provided at the end of this document.
Privacy: Your privacy is important to us. We are committed to protecting your personal information and ensuring that your privacy is respected while using our route optimization tool. For more information on how we collect, use, and protect your personal data, please refer to our Privacy Policy. By using our service, you acknowledge that you have read and understood our Privacy Policy. We encourage you to review our Privacy Policy carefully to understand how your personal information is handled. If you have any questions or concerns regarding your privacy or our data practices, please contact us using the information provided at the end of this document.
Client consent to data transfer: In using Home Care Scheduler, it is important to understand that our application does not independently collect data. Instead, information is transferred to Home Care Scheduler from your practice management software. As such, it is crucial that you inform and obtain consent from your clients about this data transfer process. You must disclose in your terms of service or privacy policy how their data is being used, the purpose of its transfer, and how it will be managed within Home Care Scheduler. We rely on you to ensure that all data transfers are compliant with applicable data protection laws, including obtaining necessary consents and providing required disclosures. By integrating with Home Care Scheduler, you affirm that you have fulfilled these obligations.
Third-Party Services In the provision of our route optimization tool, we may utilize services provided by third-party companies, including external hosting companies and route planner companies. These third-party services may be used to host our software, store data, or provide additional functionality to our service. Please note that while we strive to ensure that any third-party services we utilize adhere to high standards of security and privacy, we cannot be held responsible for the actions or policies of these third-party companies. Your use of any third-party services is subject to their respective terms of service and privacy policies. We recommend that you review the terms of service and privacy policies of any third-party services used in conjunction with our route optimization tool to understand how your data may be handled by these providers. If you have any questions or concerns regarding third-party services, please contact us using the information provided at the end of this document.
Limitation of Liability Home Care Scheduler makes every effort to maintain the security of information and ensure the uptime of our route optimization tool. However, we cannot guarantee uninterrupted access to our service or the security of your data. To the extent permitted by applicable law, Home Care Scheduler, its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: Interruptions or downtime of our route optimization tool, whether due to technical issues, maintenance, or other factors; Unauthorized access to or breach of security regarding your data or transmissions; Any errors or inaccuracies in the content provided by our service; Any other matter relating to the use of our service. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Home Care Scheduler has been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, the above limitation may not apply to you. If you have any questions or concerns regarding the limitation of liability, please contact us using the information provided at the end of this document.
Indemnification By using our route optimization tool, you agree to indemnify and hold harmless Home Care Scheduler from any claims, damages, liabilities, and expenses (including legal fees) arising from your use of the service. This includes, but is not limited to, any violation of these Terms of Service, infringement of any intellectual property or other rights, or any harm caused to third parties as a result of your actions or use of the service.
Termination Your user account may be terminated or suspended under certain conditions, including but not limited to: Violation of these Terms of Service or any other policies or guidelines provided by Home Care Scheduler; Failure to pay applicable fees or charges associated with the use of the service; Conduct deemed by Home Care Scheduler to be harmful, abusive, or disruptive to other users or the operation of the service. Consequences of account termination may include the loss of access to the route optimization tool and any associated data or content. Home Care Scheduler reserves the right to suspend or terminate user accounts at any time without prior notice or liability.
Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. Any dispute arising out of or relating to these terms or the use of our route optimization tool shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction]. By using our service, you agree to submit to the personal jurisdiction of the courts in [Jurisdiction] for the purpose of resolving any such dispute.
Dispute Resolution In the event of any dispute arising out of or relating to these Terms of Use or the use of our route optimization tool, both parties agree to first attempt to resolve the dispute informally. If the parties are unable to reach a resolution through informal negotiations, they agree to pursue alternative dispute resolution methods such as arbitration or mediation. These alternative dispute resolution methods offer a less formal and more cost-effective means of resolving disputes compared to traditional litigation. By agreeing to this dispute resolution clause, both parties waive their right to bring a lawsuit in court, except where such waiver is prohibited by law.
Changes to Terms We reserve the right to update or revise these Terms of Use at any time without prior notice. Any changes to the terms will be effective immediately upon posting the updated version on our website. Users will be notified of any updates or revisions to the Terms of Use via email or through a notification within our route optimization tool. By continuing to use our service after the posting of any modifications to these terms, users acknowledge and accept the revised terms. It is the user's responsibility to review these terms periodically for any updates or changes. If you do not agree with any part of the updated terms, you may discontinue use of our service.
