Terms of Use Agreement

TERMS OF USE FOR EXPRESSCARE INTERNET WEB SITE
Thanks for visiting the ExpressCare web site. expresscarecenter.com and related sites are published and maintained by ExpressCare which is located at 2540 Route 130 North, Suite 118, Cranbury, New Jersey. You can e-mail us with any questions at info@expresscarecenter.com. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below (“Terms of Use”).

We hope you enjoy using the ExpressCare Internet site. Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out to you some legal rules of the road as they apply to your visit here and use of our site. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this site.

BY VISITING OR USING THE EXPRESSCARE WEB SITES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND EXPRESSCARE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE EXPRESSCARE INTERNET WEB PAGES.

At ExpressCare, we value your relationship, and want you to know we respect your privacy. We are committed to protecting your private personal information, and we will treat your data as we would our confidential information.

That is why we have adopted a Privacy Statement, which embodies our commitment to protect your privacy through adherence to fair electronic information practices. You have our promise that we will not electronically process your personal information in any way that is incompatible with this Privacy Statement. ExpressCare takes precautions to protect confidential personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction. We also implement policies and procedures to ensure that confidential personal information is kept only for the purposes for which it has been gathered.

The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., account passwords) in the interest of heightened privacy protection and information integrity. We are able to assist you better through the information you provide to us when using our services.

Access to ExpressCare’s Patient Portal is strictly limited to ExpressCare patients and/or their legal guardians. All information contained within the Patient Portal is confidential and subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). ExpressCare will not share names or protected health information to any outside agencies. All violators will be subjected to fullest extent of the law.

At some future date it may be necessary for us to revise this Notice. If this occurs, we will post the revised Notice on the ExpressCare site and, if you request, provide a written Notice to you.

Definition of Rights Clause
User acknowledges that the ExpressCare site ("Site") contains information, data, software, photographs, graphics, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under U.S. copyright laws, and ExpressCare owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.

Scope of Use
ExpressCare grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ExpressCare. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques. You may not use any meta tags or any other "hidden text" utilizing ExpressCare' name. Any unauthorized use terminates the permission or license granted by ExpressCare.

Notice To/Regarding Children Under the Age of 13
If you are less than 13 years old you are not permitted to use the Site.

Third-Party Content Provisions
ExpressCare site visitors may post reviews, comments, and other content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ExpressCare or its affiliates for all claims resulting from content you supply. ExpressCare has the right but not the obligation to monitor and edit or remove any activity or content. ExpressCare takes no responsibility and assumes no liability for any content posted by you or any third party.

If you do post content or submit material, and unless we indicate otherwise, you grant ExpressCare and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ExpressCare and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

Warranty Disclaimers
THE MATERIALS IN EXPRESSCARE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY EXPRESSCARE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY EXPRESSCARE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY EXPRESSCARE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limit Damages
IN NO EVENT SHALL EXPRESSCARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE.

You agree to defend, indemnify and hold harmless ExpressCare, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.

Dispute Resolution
This site is created and controlled by ExpressCare in the State of New Jersey. As such, the laws of the State of New Jersey will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of law. ExpressCare reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New Jersey and of the United States of America located in the State of New Jersey for any litigation arising out of or relating to use of expresscarecenter.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New Jersey Courts and agrees not to plead or claim in any New Jersey Court that such litigation brought therein has been brought in an inconvenient forum.