Terms of Service

1. About Our Services

1.1 Service Description

{{ custom_values.business_name }} operates a patient referral platform that connects individuals who may benefit from advanced wound care treatments with licensed healthcare providers. Our Services include:

• Collecting and processing referral requests from potential patients
• Facilitating connections between patients and licensed wound care providers
• Providing a platform for referral partners (insurance agents and other professionals) to submit patient referrals
• Offering information and resources about wound care treatments

1.2 Nature of Our Services

1.3 No Guarantee of Services

We cannot guarantee that:

• You will be matched with a healthcare provider
• You will qualify for wound care treatment
• Your insurance will cover any treatments
• Any specific treatment outcomes will be achieved

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding agreement
• Provide accurate and complete information
• Not be prohibited from using the Services under applicable law

If you are using our Services on behalf of another person (such as a family member), you represent that you have the authority to bind that person to these Terms and accept these Terms on their behalf.

3. Medical Disclaimer

3.1 No Medical Advice

The information provided through our Services is for general informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

3.2 No Doctor-Patient Relationship

Your use of our Services does not create a doctor-patient, therapist-patient, or any other healthcare provider-patient relationship with {{ custom_values.business_name }} or any of our employees, agents, or representatives.

3.3 Independent Healthcare Providers

Healthcare providers in our network are independent contractors and are not employees, agents, or representatives of {{ custom_values.business_name }}. We do not control, supervise, or direct the manner in which they provide medical services. Each provider is solely responsible for their own clinical decisions, treatment recommendations, and compliance with applicable medical standards and regulations.

3.4 Treatment Decisions

Any decisions regarding your medical care, including whether to pursue wound care treatment, should be made in consultation with qualified healthcare professionals. We strongly recommend that you:

• Discuss all treatment options with your primary care physician
• Obtain second opinions when appropriate
• Review all risks and benefits before consenting to any treatment
• Report any concerns about your care to the treating provider

4. User Responsibilities

4.1 Accurate Information

You agree to provide accurate, current, and complete information when using our Services. You are responsible for maintaining the accuracy of your information and promptly updating any changes.

4.2 Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.3 Compliance with Laws

You agree to use our Services in compliance with all applicable federal, state, and local laws and regulations.

4.4 Consent to Communications

By providing your contact information, you consent to receive communications from us and our partner providers regarding your referral request, including phone calls, text messages, and emails. Message and data rates may apply. You may opt out of marketing communications at any time.

5. Referral Partner Terms

If you apply to become a referral partner (agent affiliate), the following additional terms apply:

5.1 Partner Agreement

Acceptance into our referral partner program is subject to approval and execution of a separate Referral Partner Agreement, which will govern the specific terms of your participation, including compensation.

5.2 Compliance Requirements

Referral partners must:

• Maintain all required licenses and certifications
• Comply with all applicable laws, including healthcare and insurance regulations
• Obtain proper consent from individuals before submitting referrals
• Accurately represent our Services and not make false or misleading claims
• Not engage in any high-pressure sales tactics
• Complete required training programs

5.3 Anti-Kickback Compliance

Our referral partner program is designed to comply with applicable federal and state anti-kickback laws. Partners must not offer or receive any payments, gifts, or other incentives that violate these laws.

6. Healthcare Provider Terms

If you are a licensed healthcare provider seeking to join our network, the following additional terms apply:

6.1 Provider Agreement

Participation in our provider network is subject to approval and execution of a separate Provider Agreement, which will govern the specific terms of your participation.

6.2 Licensing and Credentials

Providers must:

• Maintain active, unrestricted licenses in all states where they provide services
• Maintain current Medicare enrollment and any required certifications
• Maintain adequate malpractice insurance coverage
• Promptly notify us of any changes to licensure status, disciplinary actions, or other material changes

6.3 Standard of Care

Providers are solely responsible for providing care in accordance with applicable standards of care, medical ethics, and all relevant laws and regulations. {{ custom_values.business_name }} does not direct or control the clinical judgment of providers.

7. Intellectual Property

7.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof, are the exclusive property of {{ custom_values.business_name }} or our licensors and are protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use, subject to these Terms.

7.3 Restrictions

You may not:

• Copy, modify, or distribute any content from our Services without permission
• Use our trademarks or branding without written authorization
• Reverse engineer, decompile, or disassemble any aspect of our Services
• Use automated systems to access our Services without permission

8. Prohibited Conduct

You agree not to:

• Use our Services for any unlawful purpose
• Submit false, misleading, or fraudulent information
• Impersonate any person or entity
• Harass, abuse, or harm another person
• Interfere with or disrupt the operation of our Services
• Attempt to gain unauthorized access to our systems
• Transmit viruses, malware, or other harmful code
• Collect or harvest user information without consent
• Use our Services to send spam or unsolicited communications
• Violate any applicable laws or regulations

9. Disclaimers

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranties regarding the accuracy, reliability, or completeness of any information provided through our Services
• Any warranties that the Services will be uninterrupted, error-free, or secure
• Any warranties regarding the quality of healthcare services provided by third-party providers

We do not warrant or guarantee any specific results from using our Services or from any treatment provided by healthcare providers in our network.

10. Limitation of Liability

Our total liability for any claims arising out of or relating to these Terms or your use of our Services shall not exceed the greater of (a) the amount you paid to us, if any, in the 12 months prior to the claim, or (b) $100.

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

10.1 Healthcare Provider Liability

We are not liable for any acts, omissions, errors, or negligence of healthcare providers in our network. Any claims arising from medical treatment should be directed to the treating healthcare provider.

11. Indemnification

You agree to indemnify, defend, and hold harmless {{ custom_values.business_name }} and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Any content or information you submit through our Services

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us to attempt to resolve any dispute informally. Most concerns can be resolved quickly by contacting us at {{ custom_values.email }}.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, you and {{ custom_values.business_name }} agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services shall be resolved through binding arbitration, rather than in court, except that either party may seek injunctive relief in court for infringement of intellectual property rights.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in the county where you reside or at another mutually agreed location. The arbitrator's decision shall be final and binding.

12.3 Class Action Waiver

12.4 Exceptions

This arbitration agreement does not apply to claims that may be brought in small claims court if they qualify. Additionally, either party may seek injunctive relief in court for intellectual property infringement.

12.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision.

12.6 Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by the laws of the State of California, without regard to its conflict of law principles.

13. Termination

13.1 Termination by You

You may stop using our Services at any time. If you have an account, you may request to close it by contacting us.

13.2 Termination by Us

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Conduct that harms other users or third parties
• Extended periods of inactivity

13.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. Sections of these Terms that by their nature should survive termination will continue to apply, including but not limited to disclaimers, limitation of liability, indemnification, and dispute resolution.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, HIPAA Notice of Privacy Practices, and any other agreements referenced herein, constitute the entire agreement between you and {{ custom_values.business_name }} regarding our Services.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without your consent.

14.5 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

14.6 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, or failures of third-party services.

15. Contact Information

If you have any questions about these Terms, please contact us: