AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between Ambulnz Health, LLC and its affiliate (“Ambulnz“, “we“, “us” or “our“) and you, whether personally or on behalf of an entity (“you“, “your” or “Customer“, and together with other Ambulnz customers, “Customers“), concerning your access to and use of our non-emergency patient transportation services and our services to enable our Customers to arrange for and schedule non-emergency patient transportation with Ambulnz (collectively, the “Services,” and including without limitation all features, contents and applications, such as the Ambulnz mobile application, to facilitate the provision of the Services), the ambulnz.net website, the system used by Ambulnz to provide the Services, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Ambulnz System“). You agree that by accessing the Services and the Ambulnz System, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND THE AMBULNZ SYSTEM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental Terms of Service or documents that may be posted on the Ambulnz System from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services and the Ambulnz System after the date such revised Terms are posted.
The information provided on the Ambulnz System or through the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services or the Ambulnz System from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services and the Ambulnz System are intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Services or the Ambulnz System.
Use of the Services
Registration and Account Creation. By registering and creating an account with the Ambulnz System and by accessing the Services, the Customer agrees to Ambulnz’s complete Terms of Service. Customers may use the Services and the Ambulnz System so long as they do not violate the Terms of Service. Please also review our Privacy Policy, which describes what information we collect (including prescription and other medical information about patients) how we use it and to whom we may disclose it. If you do not agree with the Terms of Service and/or Privacy Policy, you cannot use the Services or the Ambulnz System.
Customer Information. To register with us and create an account, Customers will need to give us some identifying information about themselves, including certain information to enable billing and payments. The information Customers provide must be true and kept up to date. Also, Customers are responsible for anything that happens under their registration and account.
Patient Information. You acknowledge and agree that the Ambulnz System may be used to transmit, collect, access, manage, and display Patient Information by and among you and other authorized healthcare providers, and their employees and contractors. You acknowledge and agree that Patient Information related to your treatment of patients may be stored by Ambulnz and/or its licensees and service providers in connection with providing the Ambulnz System and Services, as well as shared among other users of the Ambulnz System and Services. You acknowledge and agree that the Patient Information stored by Ambulnz shall not serve as the system of record for any patient, personal representative of a patient, health care provider, any business associate of a health care provider, or any affiliates of the foregoing. “Patient Information” means, collectively, information and data related to the provision of health care to patients, their health status, medical records, and related information and documents, including consent to treatment forms, authorization to disclose medical information forms, Medicare forms, Medicaid forms, living wills, Directives to Physicians and Family or Surrogates, Medical Powers of Attorney, Out-of-Hospital Do-Not-Resuscitate Orders, Declarations of Mental Health Treatment, images, reports, and lab and test results, medical treatments performed by you and/or other Healthcare Providers, and other “protected health information,” as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA“) and similar terms as defined by state, national, or international Law. You agree that your provision and use of all Patient Information will be in compliance with HIPAA and all other applicable Laws. For patients under the age of 18, you represent and warrant that you have the verifiable consent of the patient’s parent or legal guardian and are duly authorized under federal, state and local laws, rules and regulations, and your organization’s agreements, policies and procedures, to provide such Patient Information.
Customer Representations. By using the Services or the Ambulnz System, you represent and warrant that,
(a) all registration information you submit will be true, accurate, current and complete;
(b) for each person for whom any protected health information may be accessed as a result of the provision of Services, that Customer has obtained all required consents and releases to enable Ambulnz to provide the Services;
(c) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(d) you have the legal capacity and you agree to comply with these Terms of Service;
(e) you will not access the Ambulnz System through automated or non-human means, whether through a bot, script or otherwise;
(f) you will not use the Services or the Ambulnz System for any illegal or unauthorized purpose; and
(g) your use of the Services or the Ambulnz System will not violate any applicable law or regulation.Prohibited Activities. Customer may not access or use the Services or the Ambulnz System for any purpose other than that for which we make them available.
Neither the Services nor the Ambulnz System may be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services or the Ambulnz System, you agree not to:systematically retrieve data or other content from the Ambulnz System to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
make any unauthorized use of the Ambulnz System, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
use a buying agent or purchasing agent to make purchases on the Ambulnz System;
use the Ambulnz System to advertise or offer to sell goods and services;
use the Ambulnz System while driving;
circumvent, disable, or otherwise interfere with security-related features of the Ambulnz System, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Ambulnz System and/or the Content contained therein;
engage in unauthorized framing of or linking to the Ambulnz System;
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct;
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
interfere with, disrupt, or create an undue burden on the Ambulnz System or the networks or services connected to the Ambulnz System;
attempt to impersonate another user or person or use the username of another user;
sell or otherwise transfer your profile;
use any information obtained from the Ambulnz System in order to harass, abuse, or harm another person;
use the Ambulnz System as part of any effort to compete with us or otherwise use the Ambulnz System and/or the Content for any revenue-generating endeavor or commercial enterprise;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Ambulnz System;
attempt to bypass any measures of the Ambulnz System designed to prevent or restrict access to the Ambulnz System, or any portion of the Ambulnz System;
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Ambulnz System to you;
delete the copyright or other proprietary rights notice from any Content;
copy or adapt the Ambulnz System’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Ambulnz System or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Ambulnz System;
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Ambulnz System, or using or launching any unauthorized script or other software;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Ambulnz System; or
use the Ambulnz System in a manner inconsistent with any applicable laws or regulations.
Intellectual Property OwnershipUnless otherwise indicated, the Ambulnz System is our proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Ambulnz System or used in the Services (collectively, the “Content“) and the trademarks, service marks, and logos contained therein (the “Marks“) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Ambulnz System and through the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Ambulnz System and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.Licenses
Ambulnz System License. Provided that you are eligible to use the Ambulnz System, you are granted a limited non-exclusive, non-transferable license to access and use the Ambulnz System to which you have properly gained access solely in connection with your use of the Services. We reserve all rights not expressly granted to you in and to the Ambulnz System, Content and the Marks.
Mobile Application License. If you access the Ambulnz System via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. You shall not:
decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
violate any applicable laws, rules, or regulations in connection with your access or use of the application;
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Ambulnz System:
the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.
Fees and Payment
Fees. The Fees to be charged by Ambulnz for the Services are determined, pursuant to a local market Rate Card, which is available upon request, or based on local fee schedule.
Payment Terms. All amounts due to Ambulnz for Services shall be paid in U.S. dollars. Customer is responsible for paying any sales, use, excise, property or any other taxes, duties or governmental fees associated with the use of Services or of Customer’s access and/or use of Ambulnz System. All payments are due to Ambulnz within ten (10) days after receipt of an invoice (“Due Date”). A late fee of $50 and interest at the rate of the lesser of 1.5% per month or the maximum amount allowed by law, for payments made by Customer after the Due Date.
Payment Processing. We use a third-party payment processor for billing and payments. Customers will be asked to select a preferred payment method (such as a credit card or bank account), but all payments must be facilitated through this payment processor.
Laws Governing Health Information.Customer is subject to laws governing confidentiality of health information, and is a covered entity under HIPAA, which creates specific obligations upon the Customer with respect to such information. As this Agreement provides for services which may result in access to protected patient and/or health information, Customer acknowledges and agrees that this Agreement may be terminated and/or modified by Ambulnz, at any time if regulations are adopted, enacted or promulgated which require, in Ambulnz’s sole discretion, termination or modification of the Services Ambulnz provides, or the Ambulnz System.
No Medical Advice and Treatment Ambulnz does not provide medical advice, diagnosis, or treatment. You acknowledge and agree that the Ambulnz System is merely a conduit of information related to patients and the provision of healthcare to patients by independent third party healthcare providers including yourself, physicians, physician assistants, nurses, paramedics, emergency care responders, other physician extenders, healthcare systems, healthcare facilities, or other providers of healthcare services (collectively, “Healthcare Provider(s)”). You acknowledge and agree that the Healthcare Providers are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Healthcare Providers as they, in their sole discretion, deem appropriate. You further acknowledge and agree that Ambulnz does not provide or endorse any medical advice on or through the Ambulnz System and no information obtained through the Ambulnz System can be so construed or used. Ambulnz will have and exercise absolutely no control, authority, or supervision over the provision of any medical services or other professional health care services. The use of the Ambulnz System, all text, graphics, images, audio content, audiovisual content, data, other materials and any other information provided on or entered into or made available through the Services or the Ambulnz System, including all healthcare related information, whether provided by you, the entity or organization with which you are employed or otherwise affiliated, other Healthcare Providers, or other third parties is solely your responsibility.
Modifications and Interruptions; Disclaimer of Warranties.
Changes to Ambulnz System. We reserve the right to change, modify, or remove the contents of the Ambulnz System at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Ambulnz System. We also reserve the right to modify or discontinue all or part of the Ambulnz System without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Ambulnz System.
Availability Not Guaranteed. We cannot guarantee the Ambulnz System will be available at all times. We cannot guarantee that the Services will be available upon request. We may experience hardware, software, or other problems or need to perform maintenance related to the Ambulnz System, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Ambulnz System at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Ambulnz System during any downtime or discontinuance of the Ambulnz System. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Ambulnz System or to supply any corrections, updates, or releases in connection therewith.
No Warranties. Unless stated otherwise in the Terms of Service, the Services and Ambulnz System are offered “AS IS”, without any warranties, either express or implied. Ambulnz makes no warranties regarding the quality, reliability, timeliness, or security of the Services or the Ambulnz System or that the Services, the software applications or the Ambulnz System will be uninterrupted or error free. Ambulnz assumes no responsibility or liability for the deletion or failure to store, or to store properly, any electronic data other than as required under law. Customer and users assume the entire risk in downloading or otherwise accessing its data, files or other materials obtained from third parties as part of the Services or by means of the Ambulnz System.
Ambulnz System Management; Termination
We reserve the right, but not the obligation, to:
monitor the Ambulnz System for violations of these Terms of Service;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, notice, or liability, to remove from the Ambulnz System, terminate (or suspend access) to the Services, or otherwise disable all files and content, for a Customer any reason in our discretion, including for a breach of the Terms of Service; and
otherwise manage the Ambulnz System in a manner designed to protect our rights and property and to facilitate the proper functioning of the Ambulnz System.
Customers can stop using the Services at any time by contacting us at support@ambulnz.com.
Limitation of Liability; Indemnification.
Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL AMBULNZ BE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, COSTS, EXPENSES OR LOSSES OR LOST PROFITS IN CONNECTION WITH THE SERVICES OR AMBULNZ SYSTEM OR OTHERWISE RELATED TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION WILL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE, OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. AMBULNZ WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT BECAUSE OF CIRCUMSTANCES BEYOND ITS CONTROL, WHICH CIRCUMSTANCES INCLUDE NATURAL DISASTER, TERRORISM, THIRD PARTY LABOR DISPUTES, WAR, DECLARATIONS OF GOVERNMENTS, TRANSPORTATION DELAYS, FAILURE OF HARDWARE, EQUIPMENT, OR TELECOMMUNICATIONS FAILURE. AMBULNZ WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT BECAUSE OF YOUR MISUSE OF THE AMBULNZ SYSTEM BY YOU OR ANY OTHER PERSON. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IN THE EVENT THAT ANY EXCLUSIVE REMEDY PROVIDED HAS FAILED OF ITS ESSENTIAL PURPOSE. FURTHER, IN NO EVENT WILL AMBULNZ BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY USE OR MISUSE OF ANY THIRD-PARTY TECHNOLOGY. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. IN NO EVENT SHALL THE LIABILITY OF AMBULNZ FOR ANY LOSS RELATED TO USE OR INABILITY TO USE THE SERVICES OR THE AMBULNZ SYSTEM EXCEED THE AMOUNT THAT YOU PAID US IN THE PRECEDING THREE MONTHS OR $100, WHICHEVER IS GREATER. IN THE EVENT OF ANY LOSS OR INJURY TO ANY PERSON OR PROPERTY, CUSTOMERS AGREE TO LOOK EXCLUSIVELY TO THEIR INSURER TO RECOVER ANY DAMAGES.
Indemnification. YOU WILL INDEMNIFY, DEFEND, AND HOLD INDEMNITEES (AS DEFINED BELOW) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND LOSSES ARISING FROM OR ATTRIBUTABLE TO (1) YOUR PROVISION OF MEDICAL SERVICES AND TREATMENT OF PATIENTS IN CONNECTION WITH YOUR USE OF THE AMBULNZ SYSTEM OR OTHERWISE; (2) YOUR BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, OR OTHER AGREEMENTS MADE UNDER THIS AGREEMENT; (3) ANY CLAIMS BY OR DISPUTES RELATED TO YOUR USE OF THE SERVICES OR THE AMBULNZ SYSTEM ; (4) ANY CONTENT YOU PROVIDE TO THE AMBULNZ SYSTEM OR OTHERWISE TRANSMIT USING THE AMBULNZ SYSTEM; AND (5) BREACH OF CONFIDENTIALITY RELATED TO YOUR USE OF THE SERVICES OR AMBULNZ SYSTEM.
Indemnification Procedures. The Indemnitee will give you written notice of any Claim for which indemnification is sought. However, failure to provide such notice will not relieve you from your liability or obligations under this Agreement, except to the extent you are materially prejudiced as a direct result of such failure. The Indemnitee will cooperate with you at your expense in connection with the defense and settlement of the Claim. You may not settle any indemnified Claim in a manner that adversely affects the Indemnitee without its prior written consent. Further, the Indemnitee may participate in the defense of the Claim through counsel of its own choosing at its own cost and expense. If you fail to promptly assume the defense and employ counsel reasonably satisfactory to Indemnitee, or the Indemnitee has been advised by counsel that there exist actual or potential conflicting interests between you or your counsel and such Indemnitee, the Indemnitee may employ separate counsel, in addition to local counsel, to represent or defend such Indemnitee in such action or proceeding, and you agree to pay the fees and disbursements of such separate counsel as incurred. To the extent indemnification requires the payment of monies owed, such indemnification will occur as soon as reasonably possible after the determination of monies owed, and payment to the Indemnitee will be made within 30 days of a final determination of monies owed. Your obligations under this Section are in addition to any rights that any Indemnitee may have at common law or otherwise.
Defined Terms. “Claim” means each and every third-party claim, request, accusation, allegation, assertion, complaint, petition, demand, suit, action, proceeding, and cause of action of every kind and description. “Indemnitee” means Ambulnz, its affiliates, and its and their respective officers, directors, shareholders, managers, members, agents, employees, representatives, successors, and assigns. “Loss” means each and every liability, loss, damage, and injury (including injury or damage to any property right, and injury, damage, or death to any Person), wound, wrong, hurt, harm, expense, deficiency, diminution in value, obligation, expenditure and disbursement of any kind or nature (including all fees, costs, and expenses of investigation, travel expenses, and value of time expended by personnel), settlement, fine, fee, cost, cost of court, and all expenses of litigation (including reasonable attorneys’ fees) incident to any of the foregoing.
Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SERVICES OR THE AMBULNZ SYSTEM FOR ANY REASON, YOU RELEASE AMBULNZ (AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, SUBSIDIARIES, REPRESENTATIVES, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Digital Millennium Copyright Act (DMCA) Notice and PolicyWe respect the intellectual property rights of others. If you believe that any material available on or through the Ambulnz System infringes upon any copyright you own or control, please immediately notify us using the following contact information: 35 W 35th Street, New York, NY 10001 (a “Notification“). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3).
Disputes.Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Ambulnz arising from or relating in any way to the Services or the Ambulnz System (collectively, a “Dispute“) is to be resolved through binding arbitration in the State of New York, without regard to its conflicts of laws rules. Customers hereby waive your right to participate in a class action lawsuit or class-wide arbitration. New York is the governing law, and without reference to its conflicts of law provisions.
Arbitration.
Election. YOU AND AMBULNZ AGREE (A) TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTE AND (B) THAT EITHER PARTY MAY ELECT TO SETTLE ANY DISPUTE THROUGH LITIGATION OR INDIVIDUAL, BINDING ARBTIRATION (THIS INCLUDES THE RIGHT TO ELECT TO ARBITRATE ANY DISPUTE THAT MAY HAVE BEEN FILED IN COURT AT ANY TIME BEFORE TRAIL HAS BEGUN OR FINAL JUDGMENT HAS BEEN ENTERED ON THE DISPUTE). IF ARBITRATION IS CHOSEN BY EITHER PARTY, THEN NETIHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT OR HAVE A JURY TRIAL ON THAT DISPUTE. EACH PARTY ACKNOWLEDGES THAT RIGHTS THAT IT WOULD HAVE IF IT WENT TO COURT MAY BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
AAA Rules and Arbitrator. Arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11. (The AAA Rules are available at https://www.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.If arbitration is elected under this Section 11, the arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any Dispute that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
Restrictions. You agree to an arbitration or litigation on an individual basis. In any dispute, NEITHER YOU NOR AMBULNZ WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The judicial or arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this Section 12 is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.
Limitation on Time to File Claims.ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES OR THE AMBULNZ SYSTEM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability.No waiver of by Ambulnz of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ambulnz to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement.The Terms of Service our Privacy Policy constitute the sole and entire agreement between you and Ambulnz with respect to the Services and the Ambulnz System and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services and the Ambulnz System.
Your Comments and Concerns.The Ambulnz System is operated by Ambulnz.
All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Services or Ambulnz System should be directed to: support@ambulnz.com.