Red Aloe Terms and Conditions of Service
These terms and conditions of service agreement (the "Agreement" or "Terms") is made between Professionals on Call, Inc. (d.b.a. Red Aloe), a Delaware Company (Licensor) and you, the client end user or independent consultant.
1. The Service
Red Aloe is a third-party platform that connects independent health and wellness consultants with clients in order to:
- Facilitate tele-communication with consultants
- Provide additional services including: scheduling, messaging, not taking, record keeping and other services related to services provided by independent health and wellness consultants.
- Red Aloe does not provide and our services don’t include professional services related to medical care. Rather, we are a technology provider that provides a platform or space in which a professional can provide these services to clients.
- The independent health and wellness consultants ("Providers") providing services on this platform are not employees or agents of Red Aloe, nor are they associated with Red Aloe in any way.
- Red Aloe does not endorse any Providers nor any methods or actions that may be found on this site. It is the responsibility of the client end user to verify the competency of the Providers.
2. Business Associate Agreement
By Agreeing to these terms and conditions, you also agree to the terms in the Red Aloe Business Agreement.
In order to use the Red Aloe Platform ("Service") you must comply with the Terms and Conditions of Service. Different parts of the platform may also require compliance with additional terms prior to entering a session.
4. Medical Advice
The information contained on this site is not and should not be considered medical advice. No representation or warranty is made that any particular treatment is safe, appropriate or effective and Red Aloe does not endorse or advocate any treatment method.
5. Eligibility Requirements to Access Member Portions of the Site
You agree to promptly pay all fees and charges for your service, and you authorize Red Aloe to automatically deduct all applicable charges and fees from the payment account(s) that you designate in your Red Aloe profile. Any "linked" payment processing accounts with third parties (such as Stripe) will appear in your user profile on the Site, and you may be able to view certain summary information for all such linked payment accounts. You agree to be responsible for any Internet service fees you incur in access your account(s) through the Services.
You agree to provide a current, up-to-date email account to us at all times in order to access this site.
6. Registered User Accounts
In order to access the Services, you will be required to become a registered user of the Services by creating a Red Aloe account ("Account"). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you must choose a username and a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. Red Aloe is not responsible for any unauthorized access to your account. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account. It is recommended that you access the Services only on a private computer to which you have control.
You agree that the information that you provide to us at all times is true, accurate, current and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information and account numbers. Changes can be made in the "client area" of the platform. By creating an Account, you expressly consent to the user of electronic records to store information related to these Terms or your use of the Services. Red Aloe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. Consultants/Provider Profiles
As part of Red Aloe’s platform, Red Aloe provides profile pages for Providers which will allow the Providers to include information about themselves, their background and experience, and their practice and treatment focuses. Providers are solely and exclusively responsible for the content of their respective profiles and Red Aloe expressly disclaims any and all liability for the content of the Provider profiles, including, without limitation, the accuracy and reliability of any information contained therein.
8. Your Red Aloe Profile
Providers may add information to your Red Aloe profile detailing their findings and recommendations. Your Provider will have access to all provided information in your Red Aloe profile.
It is the Provider’s responsibility to use and disclose any and all information included in your Red Aloe profile in accordance with applicable state and federal laws, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with third parties and in compliance with all federal regulations related to healthcare and privacy and tele-health services. Red Aloe disclaims any and all liability with the Provider’s use of your profile information.
9. Responsibility for Your Care; Verifying Credentials of Treatment Providers
All Providers available through the Services represent the credentials that they have earned. Red Aloe attempts to confirm the credentials of all Providers and to validate that they are in good standing with their respective licensure board(s). However, Red Aloe is not responsible for credentialing Providers, makes no representation regarding the accuracy of any Provider’s credentials, and expressly disclaims any liability for fraudulent credentials or claims by Providers. We highly recommend and it is your responsibility that you separately confirm that your Treatment Provider is in good standing with his or her respective licensing board(s).
10. Use of the Services by Children
11. Restrictions on Conduct
The services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. Any violation of these restrictions may result in immediate barring from the use of the services and/or further actions in the sole discretion of Red Aloe, including the cooperation with the appropriate legal authorities into any investigation and prosecution of your actions. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
- transmit or upload any information for which you don’t have the right to transmit, publish, copy, upload, or disseminate, upload, post, email or otherwise transmit any Content that infringes on the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- use the Services to collect or store personal data about other users without their express permission;
- knowingly include or use any false or inaccurate information in any profile;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
- circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content;
- use any meta tags or other hidden text or metadata utilizing a Red Aloe name, trademark, URL or product name;
- attempt to probe, scan or test the vulnerability of any Red Aloe system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
- attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the services;
- use the services in any way that competes with Red Aloe, including, without limitation, pretexting or misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit Treatment Providers, directly or indirectly; or
- encourage or instruct any other person or entity to do any of the foregoing.
12. Sexually Explicit Content
Red Aloe provides a platform for professionals to provide tele-health and other health and wellness services. We understand that by its very nature, often these services may contain content of a sexually explicit nature. You agree that the transmission of any content of a sexually explicit nature, whether via email, messaging, video-conferencing, or other form of transmission, in writing, or through voice communication, video, or photographs or illustrations of any kind, shall be restricted to use necessary by the Provider to provide actual consultation or other legitimate means. The use of the services to transmit any information of a sexually explicit nature for any other purpose, including the use or exploitation of minors for a sexually explicit purpose, is expressly forbidden.
13. Termination; Cancellation
Red Aloe is continually evolving and innovating. We reserve the right to change our site or the Content we offer, and the products or services you may access at any time without notice. We may discontinue offering our Services or Site and we may suspend or terminate your right to use our Services or Site at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Red Aloe will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Upon termination of your right to use our Services or Site or our termination of the Services or Site, all licenses and other rights granted to you by these Terms will immediately terminate.
You may terminate your Account at any time and for any reason by sending Red Aloe notice in writing or through customer service. Upon any termination by you, your Account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Red Aloe.
Your obligations under this agreement survive and extend past any termination or suspension of our services to you. Specifically, Section 15 (Ownership of Intellectual Property Rights), Section 17 (Third Party Websites; Interest-Based and Other Advertisements), Section 18 (Disclaimer of Warranties), Section 19 (Indemnification), Section 20 (Limitation of Liability), Section 22 (General Terms), Section 23 (Arbitration) and Section 24 (Governing Law and Forum for Disputes) shall survive and remain in full force and effect, but the provisions of Section 16 (Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.
14. Ownership of Intellectual Property Rights
The information and content contained in this site, any information used in advertising for this Site, and any information that you may receive ("Content") are protected by U.S. and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to Red Aloe, the Services, the Site, and the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happened to be registered. You will not acquire any intellectual property rights Red Aloe by your use of the Services or the Site. You only hold a non-exclusive license to use this information contained on the Site as indicated in Section 16 below.
Red Aloe grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Red Aloe solely for your personal and non-commercial purposes (or purposes as a Provider, as the case may be). You may not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works based upon, or otherwise exploit the services or Content, except as expressly permitted in these Terms, and without Red Aloe’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Red Aloe or its licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise expressly agreed in writing by Red Aloe, the Services are only permitted to be used within the United States of America.
16. Third-Party Websites; Advertisements
Links to third-party websites or resources and advertisements from third parties maybe available and visible on the Site. Red Aloe is not responsible or liable for the availability or accuracy of, and Red Aloe does not endorse, sponsor, or recommend such websites, resources, or third-party advertisements or the content, products, or services on or available from such websites, resources, or third-party advertisements. When we make available such third-party links, resources, and advertisements on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided or advertised by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WECOUNSEL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.
17. Disclaimer of Warranties
Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
RED ALOE AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. RED ALOE AND ITS LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR SERVICE SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR PRESCRIPTION DRUGS.
IN ADDITION, RED ALOE AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY RED ALOE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND SITE CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND WECOUNSEL AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR SITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to forever indemnify, defend, and hold harmless Red Aloe, Red Aloe’s licensors and affiliates and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
- your access to or use of the Services, the Site, or the Content;
- your violation of any of the provisions of these Terms of Service;
- any activity related to your Account by you or any other person accessing the Site or Services through your account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Red Aloe reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. Limitation of Liability
IN NO EVENT WILL RED ALOE OR RED ALOE’S LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT RED ALOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF OUR PROVIDERS OR OTHER LICENSED HEALTHCARE PROFESSIONALS ARISING FROM OR RELATED TO MEDICAL OR MENTAL HEALTH ADVICE THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN MANY JURISDICTIONS, PROVIDERS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL RED ALOE BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A PROVIDER. RED ALOE IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A TREATMENT PROVIDER. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF RED ALOE OR RED ALOE’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
20. Errors and Inaccuracies
The information on the Site including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. Red Aloe reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Red Aloe will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected.
Red Aloe reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
21. General Terms
These Terms of Service constitute the entire agreement between you and us relating to our Services, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, or the Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control.
Our licensors may be entitled to enforce this agreement as third-party beneficiaries. There are no other third-party beneficiaries to this agreement.
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms shall continue to be valid and enforceable. Nothing contained in these Terms of Service shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of the Terms are for convenience only and shall have no legal or contractual effect.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through JAMS. The parties must comply with the following rules:
- The arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures, except as otherwise specified below;
- the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any dispute, controversy, or disagreement arising out of or relating to these Terms, the breach thereof, or the subject matter thereof, where the total amount of the award sought is $10,000.00 USD or greater, shall be settled exclusively by binding arbitration. The arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures The arbitration shall be held in Hamilton County, Tennessee, unless the parties mutually agree to have such proceeding in some other locale. To the extent of the subject matter of the arbitration, the arbitration shall be binding not only on all parties to these Terms, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
23. Governing Law and Forum for Disputes
THESE TERMS OF SERVICE AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, EXCLUDING ITS CHOICE OF LAWS RULES. YOU AND RED ALOE EACH IRREVOCABLY AGREES THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE U.S. DISTRICT COURT FOR THE STATE OF GEORGIA. YOU AND RED ALOE EACH IRREVOCABLY CONSENTS TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AND WECOUNSEL AGREE THAT WECOUNSEL MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
24. Changes to These Terms
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.
25. Contact Us
Professionals On Call Inc.
1800 Sandy Plains Parkway
Suite 118 Marietta, GA 30066