Last revised November 11, 2021
These Terms set forth the legally binding terms and conditions that govern your use of the WEBSITE. By accessing or using the WEBSITE, you are accepting these Terms (on behalf of yourself or the entity OR PERSON that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity OR PERSON that you represent). you may not access or use the WEBSITE or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the WEBSITE.
- Access to the Website.
- License. Subject to these Terms, Trucare grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Website solely for your own personal, noncommercial use.
- Certain Restrictions.
- The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, jeopardize the correct functioning of the Website, reverse compile or reverse engineer any part of the Website; and (c) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
- You are prohibited from using the Website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations); (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (f) to attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (g) for resale, time-sharing or other similar purposes; (h) to stalk, harass or harm another individual; (i) to impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; and/or (j) to use any portion of the Website in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.
- Modification. Trucare reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Trucare will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Trucare will have no obligation to provide you with any support or maintenance in connection with the Website.
- Convenience and Information. The Website is provided to you as a convenience and for your information only. Your use of the Website is at your own risk. Trucare does not warrant or represent that: (i) any materials, documents, recommendations, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) are accurate or complete; (ii) the Website Content is up-to-date or current; (iii) Trucare has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Website is accurate or complete.
- Third Party Links. The Website may include linked content provided by third parties (“Third Party Content”). Third Party Content is provided for your convenience and information only. Third Party Content is not under the control of Trucare and Trucare is not responsible for any Third Party Content. The inclusion of Third Party Content does not imply endorsement, affiliation, partnership, or sponsorship by Trucare. Use of any Third Party Content is at your own risk.
- Intellectual Property.
- Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Trucare or Trucare's suppliers. Neither these Terms (nor your access to the Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1 (License). Trucare and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
- Feedback. If you provide Trucare with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Trucare all rights in such Feedback and agree that Trucare shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Trucare will treat any Feedback you provide to Trucare (excluding any personally identifying information) as non-confidential and non-proprietary. You agree that you will not submit to Trucare any information or ideas that you consider to be confidential or proprietary.
- Disclaimer of Professional Advice. None of the content on the Website is intended to constitute medical advice or any other advice of a professional nature. The content of the Website should not be used as a substitute for professional advice. Nothing in the Website is intended to be used for medical diagnosis, treatment or any other medical service and should not be relied upon to guide or influence the medical therapy of any person. You should always consult your own doctor, health care professional, or other applicable professional for advice before making important personal decisions. Your reliance on the content of the Website is solely at your own risk.
- Release. You hereby release and forever discharge Trucare (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any Third-Party Content). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- NO WARRANTIES. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN“AS-IS” AND “AS AVAILABLE” BASIS, AND TRUCARE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR WEBSITE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Indemnification. You agree to indemnify and hold harmless Trucare (and its employees, service providers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including reasonable attorneys' fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your violation of these Terms; (ii) your use of the Website or Website Content; (iii) your violation of applicable laws or regulations; (iv) your willful misconduct, negligence, and fraud; and (v) your reliance or use of Third-Party Content. Trucare reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Trucare. Trucare will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Limitation of Liability. To the maximum extent permitted by law, in no event shall Trucare be liable to you or any third-party for any lost profits, lost data, costs or procurement of substitute products or services, or any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Website or Website Content, even if Trucare has been advised of the possibility of such damages. Access to, and use of, the Website and Website Content is at your own discretion and risk, and you will be solely responsible for any damage to your device, computer system, property, or business, or loss of data resulting therefrom. Trucare's entire aggregate liability and your exclusive remedy with respect to the use of the Website and Website Content will be the termination of your right to use or access the Website. The existence of more than one claim will not enlarge this limit. You agree that the warranty disclaimers and limitations of liability in these Terms are material and that they have been taken into account by you. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Term and Termination. The Terms will remain in full force and effect while you access and use the Website. We may suspend or terminate your right to use the Website (including your account, if any) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Website will terminate immediately. Trucare will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account (if you have an account).
- Governing Law and Jurisdiction. All matters arising out of or relating to these Terms, the Website, and/or Website Content will be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, with respect to any action arising in connection with these Terms, the Website, or Website Content.
- Age Restriction. You affirm that you are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms and abide by and comply with these Terms.
- Electronic Communications. By using the Website, you consent to receive electronic communications from Trucare unless you follow applicable opt-out procedures. Trucare will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Local Laws. Trucare makes no representation that the Website or Website Content is appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own risk and are responsible for compliance with applicable local laws.
- Miscellaneous. These Terms constitute the entire agreement between you and Trucare regarding the Website and Website Content. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Notice to California Residents. Under California Civil Code Section 1789.3, California residents are entitled to specific consumer rights information. Trucare is located at the address set forth below. If you are a resident of the state of California, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
- Changes. Trucare may revise these Terms or the Website, or stop providing the Website, at any time and without notice to you. Trucare encourages you to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
- Contact. For questions or inquiries regarding these Terms, please contact Trucare at:
8514 Artesia Blvd.
Bellflower, CA 90706