These Terms of Use (“Terms”) govern your access to and use of http://ketcare.com
(the “Site”) and the services provided by ketcare (“ketcare,” “we,” “us,” or “our”). By accessing or using the Site or our services, you agree to comply with and be legally bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you are not permitted to use the Site or our services.
Your continued use of the Site and our services indicates your acceptance of any changes or updates to these Terms. We may revise these Terms from time to time, and it is your responsibility to review them periodically. If you continue to use the Site after changes have been posted, it means you accept and agree to the revised Terms.
These Terms apply to all visitors, users, and others who access or use the Site. By using the Site, you represent that you are at least 18 years old, or the legal age of majority in your jurisdiction, and that you have the authority to enter into this agreement. If you are using the Site or services on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.
ketcare provides online tools, resources, and support services designed to connect users with independent medical providers and practices (the “Medical Providers”). ketcare itself is not a medical practice and does not provide professional medical care. We do not own, employ, or control the Medical Providers, and we are not responsible for their clinical judgment or the quality of care they deliver.
Any medical advice, diagnosis, or treatment you may receive comes directly from the Medical Providers, not from ketcare. Our role is limited to offering non-clinical, administrative, and technical support that helps facilitate access to those providers.
Throughout these Terms of Use, the professional medical services supplied by the Medical Providers, together with the non-clinical services we provide through the Site, are collectively referred to as the “Services.”
By providing your cell phone number or email address to ketcare, or by otherwise agreeing to these Terms of Use, you consent to be contacted by ketcare and its affiliated providers. This may include marketing communications such as emails, phone calls, and text/SMS messages, which could be sent using automated systems or prerecorded messages.
You may opt out of receiving marketing-related text or SMS messages at any time by replying with the word STOP from the device receiving the messages. Please note that opting out of marketing messages may affect your ability to use certain features of the services that rely on SMS communication.
You are not required to provide this consent as a condition of purchasing or using ketcare’s services. If you wish to use our services without receiving sales or marketing messages, please email us at support@ketcare.com
so we can update your preferences. You will still receive essential service-related communications, such as account notices or transactional updates.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site or Services will be resolved through confidential binding arbitration rather than in court. This applies to disputes that may have arisen before these Terms took effect and to those that may arise after they end.
In arbitration, there is no judge or jury, and court review of the decision is limited. Claims cannot be pursued as a class action or combined with others. The arbitrator, however, may award the same relief on an individual basis that a court could provide. The arbitrator’s decision will be final and binding, and judgment may be entered in any court with jurisdiction.
To start an arbitration, you must first send a written notice of your claim to ketcare, Attn: Legal Office, [insert your office address here]. The notice must include (i) a description of the claim and its basis, and (ii) the specific relief requested. If we cannot resolve the matter within thirty (30) days, either you or ketcare may begin arbitration through the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Proceedings will be handled by a single arbitrator and conducted in accordance with applicable AAA rules.
Both you and ketcare agree that disputes will only be handled on an individual basis, not as a class or representative action. If, for any reason, a claim goes to court instead of arbitration, both parties waive the right to a jury trial. However, either party may still go to court to seek an injunction or other remedy to prevent the misuse of its intellectual property.
Your use of the Site and Services is at your own risk. The Site and Services are provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any guarantees arising from course of dealing or usage of trade.
ketcare does not guarantee that: (i) the Services will be available without interruption, securely, or at any specific time or location; (ii) any defects or errors will be corrected; (iii) the Services are free of viruses, malware, or other harmful components; or (iv) the results you obtain from using the Services will meet your expectations or requirements.
To the fullest extent permitted by law, ketcare and its affiliates disclaim all liability for any loss or damage resulting from your use of, or inability to use, the Site or Services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In those cases, the exclusions and limitations set out in these Terms will apply to you only to the extent permitted by the laws of your jurisdiction.
These Terms, and the agreement formed between you and ketcare, will be governed by and interpreted in accordance with the laws of [insert your country/state], without regard to conflict of law rules.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any part of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will continue in full effect.
These Terms represent the entire agreement between you and ketcare regarding your use of the Site and Services and replace any prior agreements we may have had on the same subject.
We may update or modify these Terms from time to time at our discretion. If we make a material change, we will provide notice at least thirty (30) days before the new terms take effect. What qualifies as a material change will be determined by us.
By continuing to use the Site or Services after revised Terms take effect, you agree to be bound by those changes. If you do not agree to the updated Terms, you must stop using the Site and Services.
If you have any questions about these Terms, please contact us at:
support@ketcare.com
