TERMS OF USE
AGREEMENT BETWEEN USER AND ONE CALL CARE MANAGEMENT (“One Call”)

The One Call Web Site, including www.yourmsc.com, www.youroptimalcare.com, www.onecallcm.com, all pages, portals or applications included in or associated with either site (including, but not limited to CareConnect and any vendor portals, such as iSupplier or the Transport + Translate vendor portal) (collectively, the “Web Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. These Terms of Use are a legal contract between you and One Call and your use of the Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree with these Terms of Use, you must exit the Web Site.

The Web Site is comprised of various Web pages operated by One Call.

MODIFICATION OF THESE TERMS OF USE

One Call reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges associated with the use of the Web Site.

LINKS TO THIRD PARTY SITES

The Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of One Call and One Call 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. One Call is not responsible for webcasting or any other form of transmission received from any Linked Site. One Call is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by One Call of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Site, you warrant to One Call that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web 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 Web Sites.

USE OF COMMUNICATION SERVICES

The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Access data or areas of the Web Site that are not intended for you.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or code comprising or making up the Web Site.
  • Modify, copy, aggregate, distribute, publish, display, transmit, reproduce, license, transfer, create derivative works from or sell any information, software, products or services obtained from the Web Site.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • "Mirror" or "frame" any material contained on the Web Site.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Use or attempt to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search, except for a normal browser, unless authorized in writing by One Call.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.

One Call has no obligation to monitor the Communication Services. However, One Call reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. One Call reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

One Call reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in One Call's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. One Call does not control or endorse the content, messages or information found in any Communication Service and, therefore, One Call specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized One Call spokespersons, and their views do not necessarily reflect those of One Call.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ONE CALL OR POSTED AT ANY WEB SITE

One Call does not claim ownership of the materials you provide to One Call (including feedback and suggestions) or post, upload, input or submit to any Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting One Call, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. One Call is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in One Call's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

INDEMNIFICATIONS

You agree to indemnify and hold One Call, its subsidiaries, directors, officers, employees and agents harmless from any third party claim, damage or demand, including attorneys’ fees, relating to or arising out of your use of the website or violation of these terms, conditions and notices, or your violation of any rights of another.

You further agree to indemnify and reimburse NAPR for any and all expenses and costs (including but not limited to, attorneys’ fees, court costs, travel, Federal Express costs and photocopying expenses) which One Call may sustain as a result of your of these Terms of Use. This obligation specifically applies to, but is not limited to, any actions One Call takes to enforce these Terms of Use.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONE CALL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ONE CALL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB 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. ONE CALL AND/OR ITS SUPPLIERS HEREBY 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 NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONE CALL 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 WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB 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 WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONE CALL OR ANY OF ITS SUPPLIERS HAS 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 WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

TERMINATION/ACCESS RESTRICTION

One Call reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Web Site are: Copyright 2007 by One Call Care Management and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

LEGAL OBLIGATION TO PROVIDE INFORMATION

One Call's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of One Call's right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by One Call with respect to such use.

LIMITATIONS ON USE

Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

PROSECUTION

Any unauthorized use or attempt at unauthorized use may result in criminal prosecution.

FORCE MAJEURE

One Call shall not be liable for losses over which result from any occurrence over which it does not have control, including but not limited to: natural disasters, labor issues, equipment failure, telephone and related problems, unauthorized access or theft.

OTHER RIGHTS

Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise upon either party any license or other right except the licenses and rights expressly stated hereunder to that party. You agree that no joint venture, partnership, employment, or agency relationship exists between you and One Call as a result of this agreement or use of the Web Site.

NO WAIVER

No waiver of any term of these terms, conditions, and notices shall be deemed a further or continuing waiver of such term or any other term.

BINDING EFFECT

These terms, conditions and notices shall inure to the benefit of and be binding on the parties hereto and their successors and assigns.

CONSTRUCTION

These terms, conditions, and notices shall be governed by the internal substantive laws of the State of Florida, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in the State of Florida.

JURISDICTION

The parties agree that any and all court proceedings to enforce these Terms of Use shall be filed and heard in the state or federal courts located in Duval County, Florida, which courts shall have exclusive jurisdiction over such matters. The parties hereby waive the right to trial by jury.

ADMISSIBILITY

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business records and documents originally generated and maintained in printed form.

SEVERABILITY

If any provision of these Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVAL

The parties agree that termination of this Terms of Use does not operate to relieve you of your obligations under these Terms of Use.

ENTIRE AGREEMENT

These terms, conditions, and notices represent the entire agreement between You and One Call, and its respective successors and assigns, and supersedes any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Web Site.

Copyright 2017 by One Call Care Transport + Translate (V4.9.0.8)