Alivi Health Services Terms of Use
THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE: PLEASE READ IT CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND ALIVI HEALTHWILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 14 BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 14.
Last Updated: May 31, 2024
1. Terms of Use
These terms of use (these “Terms”) apply to your use of the AliviRide mobile application, Alivi.com, and other related applications, and websites (collectively the “Services”) that are provided by EpicMD Technologies, LLC (“Alivi Health,” “we,” “us,” or “our”).
2. Your Agreement to these Terms
These Terms form a binding legal agreement between you and Alivi Health in relation to your use of the Services. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS THE SERVICES. You can review the most current version of these Terms at any time at alivi.com/aliviride/tc.
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
From time to time, we may change, remove, or supplement these Terms. If you continue to use the Services after the effective date of the updated Terms, you will be bound by the updated Terms.
4. Your use of the Services
4.1. Your Use of Transportation
- Our Services are available to you only after you have been confirmed to be eligible.
- Alivi Health is not a transportation provider. Our Services enable access to non-emergency ground transportation (“Transportation”) options provided by independent transportation providers, taxis, and transportation network companies (TNC), like Lyft, Inc. and Uber Technologies, Inc., (collectively, “Independent Providers”).
- By using the Services, you consent that we or Independent Providers may contact you directly and provide you with ride notifications and scheduling reminders (“Notifications”) by phone call, email, and/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. Always seek the advice of your physician or other qualified health provider, directly and not through our technology platform, with any questions you 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.
- Alivi Health schedules your ride with a transportation provider on behalf of your health provider or health plan. The transportation provider is solely responsible for appointing drivers and selecting vehicles for your trip. Alivi Health has no control over and is not responsible for any acts or omissions of the transportation provider or the drivers. Transportation providers and drivers are not employees or agents of Alivi Health. Alivi is not responsible or liable for any damages that you may suffer as it concerns rides which Alivi schedules for you.
- This agreement is not a condition for receiving any treatment, payment, or benefit and you understand that your refusing to agree to the Terms will not affect any treatment, payment, or benefit for which you may be eligible.
4.2 Independent Providers
You acknowledge that by using the Services you are also agreeing 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/
4.2 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 Alivi Health, all Content is solely owned by Alivi Health. 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 Alivi Health, that dilutes the strength of Alivi Health’s Intellectual Property Rights, or that otherwise infringes Alivi Health’s Intellectual Property Rights.
From time to time, we may restrict access to our Content without further notice. You acknowledge that Alivi Health 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 Alivi Health of any of the products, services or opinions of the corporation or organization or individual. Alivi Health 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. Alivi Health 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.
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.
7. Ownership of Intellectual Property
Except for 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 Alivi Health brand, trademarks, copyrights, patents, or other protected or unprotected intellectual property (collectively, “Intellectual Property Rights”) are owned by Alivi Health 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 Alivi Health name, the Alivi Health logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Alivi Health or its affiliates or licensors. You must not use those marks without the prior written permission of Alivi Health. 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 Alivi Health.
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 ALIVI HEALTH 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, ALIVI HEALTH 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. ALIVI HEALTH 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 ALIVI HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT WILL ALIVI HEALTH 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 ALIVI HEALTH 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.
11. Indemnification
To the extent not prohibited by law, you agree to indemnify and hold harmless Alivi Health 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
Alivi Health 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 Alivi Health: Alivi Health 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 Alivi Health 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”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-Out Notice”) by email at info@alivi.com or by regular mail to 5775 Blue Lagoon Drive Suite 450 Miami, FL 33126 within 30 days following the date you first accept these Terms, if you have not registered for an account, then within 30 days following the date you first use our Services. If you do not provide us with an Arbitration Opt-Out Notice within the 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 (i) and (ii) above. The exclusive jurisdiction and venue of any IP Action or, if you timely provide us with an Arbitration Opt-Out Notice, 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. Unless you timely provide us with an Arbitration Opt-Out Notice, you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree with us in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. 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 and the Supplementary Procedures for Consumer Related Disputes (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
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. 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”). Alivi Health 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 Alivi Health 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: Alivi Health 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 Customer Agreements constitute the entire agreement between you and Alivi Health relating to this subject matter and supersede any and all prior communications and/or agreements between you and Alivi Health relating to access and use of the Services.