Term of Service

All Convenient Care AP –Nursing Corporation (“The Company, “we,” “us,” “our”) may offer mobile medical concierge services, telemedicine services, IV hydration, and transitional care services, where you can get access to a medical provider at a location of your own choosing. We offer a range of services and treatments as provided on this site (the “The Company Website”). These Terms of Service (“Terms”) that govern your access to and use of The Company’s Website and their related services, features, content, and functionality, including the booking service (the “Booking Service” and, together with The Company Website, the “Service” or “Services”).

By using our Service, you acknowledge that you have read, accepted, and agreed to be bound by these Terms and Conditions.

  1. ACCEPTANCE OF TERMS

These Terms constitute an electronic contract that explains the legally binding terms of your use of the Service. By using the Service, you accept and agree to these Terms and any conditions or notices contained or referenced within. You acknowledge that these Terms may be modified by us at any time, in our sole discretion, and that any modifications will be effective upon posting.

Your continued use of the Service shall indicate your acceptance of any modified terms. Further, you agree that we may at any time, in our sole discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, edit, remove, or otherwise alter the Service or any part thereof, including as between different users, whether temporarily or permanently.

By using the Service, you also agree that we may send you various communications by email or by posting them on The Company Website. You agree to notify us promptly if your email address changes or if you wish to opt out receiving emails from our Website. This consent covers all actions you conduct through the Service. Should you decide that you do not wish to receive communications by email, please contact us at allconvenientcare@gmail.com. Your withdrawal of consent will be effective within a reasonable time after we receive such notice. A withdrawal of consent will not affect the enforceability of these Terms. However, a withdrawal of consent to receive communications electronically may result in termination of your use of the Service.

We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor the Service to the extent permitted by law, including your communications and activities via the Service, and in connection with your access and use of the Service, including without limitation, information provided by you and information about your geolocation.

  1. MEDICAL DISCLAIMER & SCREENING IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD CALL“911” IMMEDIATELY.

2.1 The Company’s Site is designed to enable you to request and book certain medical services to be provided by a licensed Nurse Practitioner (medical professional). Our Service is not engaged in the practice of medicine.

2.2 Administration of selected services.

A licensed medical professional will perform only the requested services for you.

These Terms apply to the Service. We may also present to you through your use of the Service any terms specific to the use of a particular service (“Service-Specific Terms”). All Service Specific Terms are incorporated into these Terms by reference. To the extent that these Terms conflict with the Service-Specific Terms, the Service-Specific Terms will control.

2.3 The Service is only available to individuals who are at least 18 years old. If you are not 18 years of age, please do not use our Service, unless consented to by a parent or a guardian.

3. PAYMENT FOR SERVICES

  1. Payments.

By requesting/booking an appointment for The Company’s services through the Site, you agree to pay The Company the fee indicated for the scheduled service. Payments will be charged at the time of scheduling or at the time of service. Additional fees may arise if during the service extra services or treatments are added to the original request and only with approval of the medical provider.

  1. Cancellations. WE REQUIRE AT LEAST 24-HOUR ADVANCED NOTICE OF

CANCELLATION. You will be charged the full amount of the booked service should you not provide at least 24-hour advance notice of cancellation. If you book your service less than 24- hours in advance, please notify us as soon as possible that you wish to cancel by calling 1-888- 994-0844 or text 1-562-566-3487. Group appointments (parties of two (2) or more) follow the same parameters as single appointments and will be charged for all people booked unless you provide 24-hour advance notice of any cancellations. For example, if you book a service for six

(5) people, but only four (2) are present for the service with no 24-hour advance notice for the other two (3) patients, you will be charged for all six (5) services. MISSED APPOINTMENTS ARE NON-REFUNDABLE.

  1. Refunds and/or Credits.

In the event that the medical provider is unable to perform the booked services due to circumstances outside of the patient’s control or for reasons other than the patient’s medical condition or health, you will receive a full refund or credit.

  1. Authorization to Charge.

By using the Scheduling/Booking Services, you hereby agree The Company or the third party vendor used has the right and authorize The Company to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes.

  1. Service Fee.

a) IV Hydration

Client will be charged for the total amount of the hydration service upfront when booking the service. Client’s appointment may be cancelled if payment is not received in full or if the payment is declined, returned, or charged back.

b) Urgent Care and Telemedicine services

Client will be charged upfront for the complained medical issue. Copayments and Consultations for complained medical issues will be billed for actual services provided thereafter, subject to insurance clearance prior to providing services. Client will be responsible for recovering any upfront payment from their insurance provider if not cleared and approved before service provided. Please note that for medical emergencies, or for services out of the scope of The Company, patient will be referred to a specialist or the nearest hospital and The Company is not responsible for any charges accrued at the referred specialist or hospital.

c) Cancellation

Cancellations made 24 hours or less before an appointment will be subject to a charge of half of the service rate. This includes appointments where provider is unable to access the property, is turned away, or the client is a no-show.

To avoid a cancellation fee, please provide cancellation notice at least 24 hours prior to your appointment. If you book your service less than 24 hours in advance, please notify The Company as soon as possible that you wish to cancel by calling 1-888- 994-08441-562-566-3487.

Please note that any urgent care or telemedicine service consultation fees are NON- REFUNDABLE.

3.6 Misrepresentations.

If, during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, The Company reserves the right to cancel your booked service without notice and charge you the full amount. If, at the time of your booked service, you are under the influence of drugs or alcohol, The Company will not perform the service and you will be charged the full amount.

4. INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless The Company, its parent, subsidiaries and affiliates and its and their shareholders, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising in any way from your use of the Service, your placement or transmission of any message, any content, or other information or materials through the Service, or your breach or violation of the law or of these

Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.

Additionally, you agree that The Company shall not be responsible for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third-Parties. For the avoidance of doubt, this includes any this includes any pharmaceutical drug side effects, IV hydration side effects, and/or pharmacy mistakes. In the event of any dispute between you and any Third-Party, or any other entity or individual, you understand and agree that The Company is under no obligation to become involved in such dispute, and you hereby release and indemnify The Company and its directors, officers, members, managers, employees, contractors, representatives, agents, predecessors, successors, and assigns, from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

You agree that The Company shall not be responsible for any online or offline interactions when using the services, including any in-home provider care, including but not limited to injury, illness, death, and all other risks associated with in-person medical services or interactions. You also agree not to rely solely on steps The Company may take to vet or screen providers, or otherwise to promote the safety of the Services or services provided.

By agreeing to receive services, you acknowledge that there potential risks and benefits associated with any form of medical services, and that despite your efforts and the efforts of your provider, your condition may not be improved, and in some cases may even get worse. You agree that you have been given the opportunity to discuss the nature and purpose of the treatment and the risks, complications, and consequences associated with the services, procedures, and/or treatment. You agree that you are aware that it is impossible to foresee or predict all possible risks, complications, and consequences, and you do not expect the staff to anticipate or explain all associated risks.

  1. DISCLAIMER OF WARRANTIES

WE PROVIDE THE SERVICE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

  1. LIMITATION OF LIABILITY
  2. Exclusion of Certain Liability. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, OUR DIRECTORS, ADVISORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (ii) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED ENTITIES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE, EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

  1. TERM AND TERMINATION

These Terms remain in full force and effect until they are terminated pursuant to the terms herein, however either party may terminate these Terms at any time without notice. Upon any termination or expiration, The Company will stop providing the Service to you.

  1. INFORMATION SECURITY

We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information contained in your User Account or otherwise collected by us and we cannot promise that such measures will prevent third-party “hackers” from illegally accessing the Service or its contents. We are not responsible or liable for any third-party access to or use of the information contained in your account or otherwise collected by us.

  1. INTELLECTUAL PROPERTY AND COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and ask our users, advertisers, licensors, and service providers to do the same. If you believe that your intellectual property is accessible on our The Company Website and Blog in a way that constitutes infringement, please contact us at allconvenientcare@gmail.com.

  1. ELECTRONIC COMMUNICATIONS

The very nature of the Service provides communications by us and by electronic means (e.g., via email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that the information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.

  1. PATIENT REGISTRATION.

Patients must provide certain information, including, but not limited to: name, date of birth, gender, address, email, mobile and work phone, as well as a medical history. We may also collect certain optional information, including: middle name or initial, home phone and other contact info, pharmacy name and contact details, other demographic information, health insurance information, credit card number and billing details, picture and communications preferences.

  1. PATIENT HEALTH INFORMATION.

The privacy and security of Patients’ individually identifiable health information provided in connection with Services may be protected by federal law (HIPAA, the HITECH Act, and their regulations) and state privacy laws. This health information is “protected health information” (“PHI”). PHI may be used and disclosed by The Company as necessary to provide Services, for our own management and operations, to meet our legal obligations, and for any other purpose for which Patients have given consent. We may share PHI with third parties for these purposes in compliance with applicable law. We may de-identify PHI and aggregate it for purposes of monitoring and improving our products and services, for benchmarking purposes, and to provide customized services or technologies to our customers.

  1. SECURITY OF MY PERSONAL INFORMATION.

We have implemented reasonable technical, physical, administrative, and organizational safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. You may modify registration information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.

  1. HOW WE SHARE YOUR INFORMATION

We may share the information that we collect about you, including personally identifiable information, as follows:

  • Healthcare Providers. As a Patient, your information will be shared with Healthcare Providers as directed and consented to by you. Our Services make your assessments and

related information available to your Healthcare Provider. We will not make information available to Healthcare Providers other than those with whom you have requested that we share your Assessments. This Policy does not address how Healthcare Providers will use and disclose information obtained.

  • Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or if we are a part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other Company.
  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena in compliance with applicable privacy laws.
  • To Protect Us and Others. We also may disclose the information we collect from you, to the extent permitted by law, where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which The Company is involved.
  • Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
  1. REMEDIES FOR BREACH

If we determine, in our sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for The Company Website, we reserve the right to:

(i) remove your name and information from our notification lists; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; (iii) discontinue your ability to use the Service; and/or (iv) any other action which we deem to be appropriate.

If your ability to access the Services is discontinued by us due to your violation of any portion of the Terms or for conduct otherwise inappropriate, in our sole discretion, then you agree that you shall not attempt to re-register with or access the Services and/or any other product, content, or service provided by us, through use of a different name or otherwise.

The remedies contained in the Terms are not the exclusive remedies for your breach, but will be in addition to all other remedies available to us by law or in equity.

  1. GENERAL TERMS

16.1 Assignment. You may not assign or otherwise transfer any rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, in each case whether voluntary, involuntary, by operation of law, or otherwise, without our prior written consent. Any purported assignment, delegation, or transfer in violation of this section is void. The Company may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without your consent. This Agreement is binding upon and takes effect to the benefit of the parties hereto and their respective permitted successors and assigns.

  1. Entire Agreement. These Terms constitute the complete and entire agreement between you and The Company concerning its subject matter, and supersedes all prior agreements and representations between the parties.
  2. Interpretation. The use of the terms “includes,” “including,” “such as,” and similar terms, will be deemed not to limit what else may be included. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.
  3. No Waiver. The Company’s failure to delay or enforce a provision under these Terms is not a waiver of its right to do so later.
  4. Severability. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
  5. Governing Law and Jurisdiction. This Agreement is governed by and construed under the laws of the State of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations; California law, rules, and regulations will prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in California. All parties to these terms and conditions waive their respective rights to a trial by jury.

17. CONTACT US

If you have any questions concerning these Terms, please contact us at allconvenientcare@gmail.com.

THESE TERMS OF SERVICE HAVE BEEN UPDATED AS OF JULY 18, 2023

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OFFICE HOURS

Monday-Friday: 8am-6pm

Location Map:  Los Angeles, CA

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