ReverCare Terms of Service

Last updated: November 3, 2018

 

These Terms of Service (“Terms”)  govern your access to an use of the ReverCare, Inc. (“ReverCare”) website, platform, and application (collectively, the “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.

 

Your Use of ReverCare

By accessing or using the Service provided by ReverCare, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local, state, national, and international laws. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.

 

The Service may change from time-to-time as we evolve, refine, or add more features to the Service, often without prior notice to you. In addition, ReverCare may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

 

Content

Some areas of the Service allow you to post or upload information, text, graphics, or other material (“Content,” or, when posted by you, “your Content.”) and to share your Content with others. ReverCare has no responsibility for that activity.

 

You agree that any Content you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content we believe, in our sole discretion, violates these provisions.

 

Under no circumstances will ReverCare be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service. You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third-parties.

 

You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display, and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or Media.


We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of ReverCare its users, and the public.

 

Your Account
You must provide us accurate information when you create your ReverCare account. Your ReverCare account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to ReverCare with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You may never use another user’s account without permission.

 

Account Security
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with ReverCare or a third-party service. We encourage you to use “strong” passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third party. ReverCare cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify ReverCare immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

 

ReverCare’s License

Permission is granted to temporarily use ReverCare's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;

  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  3. attempt to decompile or reverse engineer any software contained on ReverCare's website;

  4. remove any copyright or other proprietary notations from the materials; or

  5. transfer the materials to another person or "mirror" the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ReverCare at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information we believe is necessary to:

  1. satisfy any applicable law, regulation, legal process, or governmental request

  2. enforce the Terms, including investigation of potential violations

  3. detect, prevent, or otherwise address fraud, security, or technical issues

  4. respond to user support requests

  5. protect the rights, property, or safety of ReverCare, its users, and the public.

 

Privacy

We care about the privacy of our users. We collect, use, and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You agree that by using the Service, you agree to the collection of such information, and to have your personal data collected, used, and transferred to and processed in the United States.

 

ReverCare’s Property, Copyrights, and Feedback

All right, title, and interest in and to the Service are and will remain the exclusive property of ReverCare and its licensors. ReverCare is protected by copyright, trademark and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ReverCare name or any of the ReverCare trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ReverCare, or the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

 

Network Care Partners

ReverCare does its best to adequately vet its network care partners (“Partners”).

  1. No Medical Advice. We do not provide medical advice. ReverCare does not intend to provide medical information or replace the advice of a healthcare professional. All content is for general informational purposes only. ReverCare is not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products you obtain through our site. ReverCare is solely designed to support, not replace, the relationship that exists with any physician or other healthcare professionals. While we are not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), we take both the protection of your private health information and your ability to control and access such information seriously, and will only use and disclose your information in accordance with our Privacy Policy.  

  2. No Legal Advice. ReverCare is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. ReverCare is not a law firm, nor does its use establish an attorney-client relationship. Any information contained should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter.

  3. No Legal Referrals. ReverCare is not a legal or lawyer referral service and we do not recommend a specific lawyer. We do not select, endorse, or recommend any individual lawyer for your needs.

  4. No Endorsement. ReverCare does not endorse any Partner. Although ReverCare may undertake additional checks and processes to verify the identities of users or Partners, you exercise responsibility in verifying a Partner’s credentials, qualifications, and trustworthiness. You should always complete all necessary due diligence when hiring one of our Partners. ReverCare has no responsibility for any damage or harm resulting from your interaction with one of our users or Partners.

  5. Participating Partners. We may occasionally present you with third-party partners we believe to be helpful. While we do our best to vet our partners, we are not responsible for the quality of those recommendations. You are responsible for managing the information you choose to share with our partners. ReverCare is not liable or responsible for disputes that arise between you and a third party.

 

Payments & Billing

ReverCare may facilitate payments between customers and Partners through our payment processing partner Stripe, but ReverCare is not a party to any such Partner payments and does not handle funds on behalf of its members. Experts who receive Partner Payments from customers on ReverCare must agree to the Stripe Connected Account Agreement.

 

You hereby authorize ReverCare to:

  1. Charge one or more of your payment methods

  2. Invoice you for amounts owed

  3. Reverse or block any credits to your bank account

  4. Collect payment from you by any other lawful means.

 

As a customer making a Partner Payment through Stripe, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Stripe to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments.

 

You must keep all payment information you provide us up-to-date, accurate and complete. We take steps to secure all payment method and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

 

If you choose your bank account as your Partner Payments method, you:

  1. Authorize Stripe to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a customer

  2. Authorize ReverCare or its provider to initiate one or more ACH debit entries or the creation of an equivalent bank draft for the specified amounts from your bank account

  3. Authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your account.

  4. Agree to pay any ACH fees or fines you or we incur associated with transactions you authorize.

 

We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement.

 

ReverCare may in its sole discretion take any action permitted by law for any violation of these Terms or any other policy or agreement between you and ReverCare by limiting your account access, requiring you to forfeit paid fees, terminating your account, investigating you, and/or cooperating with law enforcement agencies in investigation. We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate account in whole or in part.

 

Payment Disputes

All requests for Partner Payment chargebacks, errors, claims, refunds and disputes will be subject to review by ReverCare in accordance with the rules applicable to the payment method you used to make the Partner Payment and will be in ReverCare’s discretion.

ReverCare is not liable to you under any circumstances for disputes we are unable to resolve in your favor.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH REVERCARE, AND ANY CONTACT YOU HAVE WITH THIRD PARTIES, WHETHER IN-PERSON OR ONLINE, REMAINS WITH YOU.

 

NEITHER REVERCARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVERCARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (1) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (2) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (3) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (4) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (5) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (6) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF REVERCARE; OR (7) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH REVERCARE.

 

Release

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE REVERCARE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, PERSONAL OR BODILY INJURY, OR EMOTIONAL DISTRESS ARISING FROM IN CONNECTION, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH, REVERCARE, USERS, PARTNERS OR OTHER THIRD PARTIES.

 

YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER.

YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

Indemnifciation and Release

You agree to release, defend, indemnify, and hold ReverCare and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your user information; (c) your interaction with any other user; and (d) the request or receipt or offer or provision of Partner Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Partner Services.

 

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold ReverCare and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

 

Modification

We reserve the right, in our sole discretion, without notice, to modify or replace any of this Agreement, or change, suspend, or discontinue our services (including without limitation, the availability of any feature, database, or content) at any time.

 

Contact Information

If you have any questions about these Terms, please contact us by sending an email to info@revercare.com or by writing to ReverCare, Inc., 2 W Loop Road New York, NY 10044.