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Terms of Service

 

Agreement between User and www.neuropathycarecenters.com

 

Welcome to www.neuropathycarecenters.com.

 

The www.neuropathycarecenters.com ("The Site”) is comprised of various web pages operated by Neuropathy Care Centers Inc (“NCC”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of The Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

The Site is an online website that provides information and scheduling service for patients to medical neuropathy care providers within the NCC provider network.

 

Liability

NCC warrants to you that NCC shall use its reasonable endeavors to provide the services with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions from time to time. Where NCC supplies you with any goods or services supplied by a third party, then NCC is acting as your agent in sourcing the goods or services. NCC will use reasonable care in selecting the supplier or provider based on the information you provide. You are deemed to be responsible for, and shall use your own discretion, skill and judgment as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party for the supply of services or sale of goods.

Your contract for the purchase of products or services is made with the relevant supplier/partner/vendor only. NCC acts as an agent for the supplier/partner/vendor and, unless expressly provided otherwise, all your rights and remedies are against the supplier/partner/vendor. NCC will not be responsible for products and services offered by NCC as agents for the supplier/partner/vendor or for any aspect of the relationship between you and any particular supplier/partner/vendor. NCC will however do everything it reasonably can to assist you in any scheduling communication you have with the supplier/partner/vendor.

You agree that any contract entered into by you with any of the supplier/partner/vendor is an independent contract. NCC hereby disclaims any and all liability for any act or omission of any supplier/partner/vendor or any loss incurred by you as a result of any act or omission of a supplier/partner/vendor whether or not arranged through NCC. NCC accepts no liability for any losses or claims arising from any inability to access the website or any failure to complete a transaction.

NCC shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the provision of the services or your reliance upon the information and suggestions provided by NCC hereunder and the resulting supply of goods and services to you by any third party. NCC shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from the fault of any third party or any other fault of you. NCC shall not be liable to you or be deemed to be in breach of these Terms of Service by reason of any delay in performing, or any failure to perform, any of NCC’s obligations in relation to the services, if the delay or failure was due to any cause beyond NCC’s reasonable control.

 

Privacy

Your use of The Site is subject to NCC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting The Site or sending emails to NCC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, text, and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

NCC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use The Site only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NCC and NCC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NCC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NCC of the site or any association with its operators.

 

Certain services made available via The Site are delivered by third party sites and organizations. By using any product, service or functionality originating from The Site domain, you hereby acknowledge and consent that NCC may share such information and data with any third party with whom NCC has a contractual relationship to provide the requested product, service or functionality on behalf of The Site users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to acces an use The Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NCC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair The Site or interfere with any other party’s use and enjoyment of The Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the propery of NCC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on The Site. NCC content is not for resale. Your use of The Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NCC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of NCC or our licensors except as expressly authorized by these Terms.

 

Third Party Accounts

You will be able to connect your NCC account to third party accounts. By connecting your NCC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you shared in this manner, do not use this feature.

 

International Users

The Service is controlled, operated and administered by NCC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree you will not use the NCC Content accessed through The Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless NCC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including attorney’s fees) relating to or arising out of your use of or inability to use The Site or services, any user postings made by you, your violation of any terms of the Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NCC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NCC in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbirator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.

 

Class Action Waiver

Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT A S A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NCC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NCC AND/OR ITS SUPPLIERS/THIRD PARTY AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NCC AND/OR ITS SUPPLIERS/THIRD PARTY AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NCC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENE, STRICT LIABILITY OR OTHERWISE, EVEN IF NCC OR ANY OF ITS SUPPLIERS/THIRD PARTY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

NCC reserves the right, in its sole discretion, to terminate your access to The Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of The Site. Use of The Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NCC as a result of this agreement or use of The Site. NCC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Site or information provided to or gathered by NCC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, the agreement constitutes the entire agreement between the user and NCC with respect to The Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NCC with respect to The Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

NCC reserves the right, in its sole discretion, to change the Terms under which The Site is offered. The most current version of the  Terms will supersede all previous versions. NCC encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

NCC welcomes your questions or comments regarding the Terms:

 

Neuropathy Care Centers

1600 N Main St Ste A

Wheaton, IL 60124

 

Email Address:

support@neurocarecenters.com

 

Telephone Number:

630-757-8115

 

Effective as of 12/4/23

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