EpicRide Services Terms of Use
Last Updated: August 1, 2024
1. Terms of Use
These terms of use (these “Terms”) apply to your use, and your organization’s use (as applicable), of the EpicRide website and mobile application, epicnemt.com, and other related applications, and websites (collectively the “Services”) that are provided by EpicMD Technologies, LLC (“EpicMD,” “we,” “us,” or “our”). These Services, among other things, allow you to book transportation services for individuals who are members of EpicMD’s clients and confirmed to be eligible for the Services and have a relationship with you (collectively, “Members”).
2. Your Agreement to these Terms
These Terms form a binding legal agreement between you and EpicMD in relation to your use of the Services. If you are an agent, member, or representative of an organization in your capacity as a user of these Services or use the Services as part of an account with other users (either inside or outside of your organization), your acceptance of these Terms applies for all users of your account and for your entire organization. You represent and warrant that you have the proper authority to bind your organization (as applicable) and any other users of your account to these Terms and access and use of these Services is expressly conditioned on such authority to bind your organization and any other users. IF YOU DO NOT AGREE WITH THESE TERMS, ON YOUR BEHALF, ON BEHALF OF YOUR ORGANIZATION, AND ON BEHALF OF ANY OTHER USERS OF YOUR ACCOUNT, YOU MUST NOT ACCESS THE SERVICES. You can review the most current version of these Terms at any time at https://alivi.com/aliviride/epicride-services-terms-of-use.
BY CLICKING “I ACCEPT”, “I AGREE” OR SIMILAR, OR BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. If you do not agree to these Terms, you are not authorized to use the Services. These Terms also apply to your use of our services when you arrange those services by phone or outside of our mobile application.
3. Changes to these Terms
EpicMD reserves the right to review, change, supplement or remove any part of these Terms in its sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
4. Your use of the Services
4.1. Your Use of Transportation
- Our Services are available to you and Members only after you or Members have been confirmed to be eligible.
- EpicMD is not a transportation provider. Our Services enable access to non-emergency ground transportation (“Transportation”) options provided by independent transportation providers, public transit, taxis, and transportation network companies (TNC), like Lyft, Inc. and Uber Technologies, Inc., (collectively, “Independent Providers”).
- By using the Services, you consent and you have collected consent from Members that we or Independent Providers may contact you and Members directly to provide ride notifications and scheduling reminders (“Notifications”) by phone call or text message, standard message and data rates may apply.
- The Services should never be used in a medical emergency. The Services, including any Notifications, do not provide medical advice or treatment of any kind and is not intended for use in any situation in which the failure of the Services could lead to death or bodily injury of any type. You shall inform Members that they must always seek the advice of your physician or other qualified health provider, directly and not through our technology platform, with any questions they may have regarding a medical condition.
- You are solely responsible for using the Services in a manner consistent with all applicable Federal, State, and International laws.
- This agreement is not a condition for Members receiving any treatment, payment, or benefit and you understand that your refusing (or Members refusing) to agree to the Terms will not affect any treatment, payment, or benefit for which your Members may be eligible.
4.2 Independent Providers
You acknowledge that the Services provided to you or Members may be subject to the terms and conditions of our Independent Providers listed and linked respectively below, as may be updated from time to time. In the event of any conflict between these Terms and any terms and conditions of our Independent Providers, these Terms shall govern.
- Lyft, Inc. – https://www.lyft.com/terms
- Uber Technologies, Inc. – https://www.uber.com/legal/terms/us/
4.3 Content Available to you through the Services
The material, data, and information on the Services (“Content”) is available to you without any warranty. This Content does not replace professional medical advice, diagnosis, or treatment. ALL CONTENT IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. Under no circumstances are we liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services.
You agree that you are solely responsible for your use and reuse of Content made available through the Services. As between you and EpicMD, all Content is solely owned by EpicMD. You agree not to (i) use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit the Content or any portion thereof for use in any publications, in public performances, or on websites for any other commercial purpose, (ii) use the Content or any portion thereof in connection with products or services or for any purpose not specified herein, nor (iii) use the Content or any portion thereof in any manner that is likely to cause confusion among consumers, that causes harm, disparages or discredits EpicMD, that dilutes the strength of EpicMD’s Intellectual Property Rights, or that otherwise infringes EpicMD’s Intellectual Property Rights.
From time to time, we may restrict access to our Content without further notice. You acknowledge that EpicMD may in its sole discretion modify, remove, or cease providing the Content to you at any time in our sole discretion and without further notice to you.
If the Services contain links to other sites and resources provided by third parties, these links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by EpicMD of any of the products, services or opinions of the corporation or organization or individual. EpicMD bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content. EpicMD accept no responsibility for them or for any loss or damage that may arise from your use of any website provided through a third-party link. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
4.4 Information Regarding Your Use of Services
By using these Services, you agree to provide us with reasonable information upon request, including details regarding the trips you book and their purposes. This information is necessary to ensure that the Services are used solely for approved purposes in accordance with these Terms, health care plan rules and applicable law.
5. Your Feedback
If you provide any Feedback to us in connection with the Services, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that we are free to use any Feedback for any purpose. “Feedback” means ideas, concepts, feedback, and know-how that you make available to us in connection with the Services.
6. Prohibited Conduct
You agree not to engage in any of the following activities:
6.1. Violating laws and rights:
You may not (a) use any portion of the Services for any illegal purpose or in violation of any local, state, national, or international laws or (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating Intellectual Property Rights, confidentiality, or privacy rights.
6.2. Disruption:
You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other ’individual’s or entity’s use and enjoyment of the Services; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
6.3. Impersonation or Unauthorized Access:
You may not impersonate another individual or entity or misrepresent your affiliation with another individual or entity when using the Services. You may not use or attempt to use another’s account or personal information. You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking, password mining or any other means.
6.4 Misuse of Protected Health Information:
You may not use the Services in any manner that compromises the protected health information (“PHI”) of any individual, including Members who benefit from the Services. Without limiting the foregoing, you will employ reasonable measures that at minimum comply with the HIPAA Security and Privacy rules to protect any PHI you obtain or use in conjunction with the Services. Your use of these Services may be subject to a Business Associate Agreement (“BAA”) and you agree to enter into a reasonable BAA upon request by EpicMD, if in EpicMD’s sole discretion, EpicMD determines that a BAA is required for your use of the Services.
6.5 No Fraud, Waste, or Abuse.
You are strictly prohibited from using the Services or otherwise engaging in any form of fraud, waste, or abuse. This includes, but is not limited to, providing false information, misrepresenting the purpose of a booking a trip with the Services, or using the Services for unauthorized or non-medical purposes. You must ensure that all trip bookings are made accurately and in accordance with applicable health plan requirements. Incorrect bookings, such as scheduling trips for non-eligible individuals or for non-medical purposes, are not permitted. You agree to indemnify and fully reimburse EpicMD for the costs of the trip and any resulting costs or expenses (including reasonable attorneys’ fees) for any use of the Services in violation of this Section 6.5.
7. Ownership of Intellectual Property
Except for Content you provide to EpicMD (“Your Content”), you acknowledge and agree that the Services and Content, including but not limited to the software, code, architecture, design, user interface, graphics, including any use of any EpicMD brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, “Intellectual Property Rights”) are owned by EpicMD or its licensors and suppliers and is protected by applicable Intellectual Property Rights laws.
Except as provide in these Terms or in an applicable Customer Agreement, you are not granted a license or any right, title, or interest in any Intellectual Property Right use in or made available through the Services.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or portion of the Services without our prior written consent. The EpicMD and EpicRide name, the EpicMD and EpicRide logo, and all related names, logos, product and service names, designs, and slogans are trademarks of EpicMD or its affiliates or licensors. You must not use those marks without the prior written permission of EpicMD. Any other names, logos, product and service names, designs, and slogans of the Services are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content through your use of the Services. All rights not expressly granted in these Terms or an applicable Customer Agreement are reserved exclusively by EpicMD.
8. Monitoring and Enforcement of Terms
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS EPICMD AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPICMD OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES), INCLUDING ANY THIRD-PARTY SERVICES AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EPICMD DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY EPICMD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT WILL EPICMD OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OTHER AGENTS, LICENSORS OR PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF EPICMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
11. Indemnification
If you are not a health plan representative, to the extent not prohibited by law, you agree to indemnify and hold harmless EpicMD and its affiliates, employees, officers, directors, other agents, licensors and providers from and against any and all claims, damages, expenses, costs, including reasonable attorneys’ fees, and other losses resulting directly or indirectly from or arising out of (a) your violation of these Terms, or (b) your violation of any other individual’s or entities’ rights or applicable law.
12. Privacy Statement
EpicMD provides a privacy statement that describes the data we collect through our Services, which is available here: https://alivi.com/aliviride/pp. Please review the privacy statement so you are aware of how we collect and use your personal information.
13. Termination
By EpicMD: EpicMD may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by EpicMD at any time and for any reason.
By you: If you wish to terminate these Terms, you may immediately stop accessing or using the Services at any time.
Automatic upon breach: Your right to access and use the Services terminates automatically upon your breach of any of these Terms.
Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination. The license grants applicable to Your Content are not impacted by the termination of these Terms and shall continue in effect subject to the terms of the applicable license.
14. Dispute Resolution.
Agreement to Arbitrate
You agree that any dispute, claim or controversy arising out of or relating to these Terms (“Dispute”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other Intellectual Property Rights (the action described in clause (ii) is an “IP Action”). The exclusive jurisdiction and venue of any IP Action will be the state and federal courts located in Miami-Dade county, Florida, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Miami-Dade county, Florida. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Procedures (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration. The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
The arbitration will be conducted Miami-Dade county, Florida. If you claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
15. Miscellaneous Terms
Choice of law: These Terms (and all Disputes) are governed by and construed by the laws of the State of Florida in the United States, not including its choice of law rules.
Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). EpicMD may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at info@alivi.com if you have any questions regarding any Communication. You further consent and agree that your use your finger, a keypad, mouse or other device to select an item, button, icon or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.
No waiver: Either party’s failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any provision or right.
Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of the arbitrator, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If any provision of these Terms is so held invalid or unenforceable by a court of competent jurisdiction, in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the parties’ intent.
Relationship of parties: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and EpicMD as a result of these Terms or from your use of any portion of the Services. You may not enter into any contract on our behalf or bind us in any way.
Assignment: EpicMD may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Services or its Content, and any attempt by you to do so is void.
Integration: These Terms and any applicable written Customer Agreements that we have with you constitute the entire agreement between you and EpicMD relating to this subject matter and supersede any and all prior communications and/or agreements between you and EpicMD relating to access and use of the Services.
Notice Regarding Apple: By accessing or downloading our app from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement, available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ (“Apple Terms”). These Terms govern if there is a conflict with the Apple Terms.
Notice Regarding Google: The section only applies to the extent you acquire our app from the Google Play Store: (i) you acknowledge that these Terms are between you and EpicMD only, and not with Google, Inc. (“Google”); (ii) your use of the app must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained the app; (iv) EpicMD and not Google, is solely responsible for the app; (v) Google has no obligation or liability to you with respect to the app or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to the app.
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