Terms & Conditions
Effective Date: January 1st, 2021
Welcome to www.immediatecarearizona.com,(the “Site”). The Site is comprised of various web pages operated by ImmediateCare Arizona, LLC (“ImmediateCare Arizona”, “we”, “our”, or “us”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Children Under Thirteen
Children under the age of 13 should not use the Site at any time.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ImmediateCare Arizona and ImmediateCare Arizona is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ImmediateCare Arizona is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ImmediateCare Arizona of the site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to ImmediateCare Arizona that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner: (a) that could damage, disable, overburden, or impair the Site; (b) that interferes with any other party’s use and enjoyment of the Site; (c) that is fraudulent or deceptive; (d) that makes unlawful use of the Content (as defined below); (d) that is determined by ImmediateCare Arizona, in its sole discretion, to be unsuitable; or (vii) otherwise violates these Terms or applicable law.
The Site, including all trademarks, designs, text, graphics, pictures, information, data, software, and other files thereon, as well as the selection and arrangement thereof, (collectively, the “Content”) are the property of ImmediateCare Arizona or its licensors and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part. The Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any Content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any Content. You will use the Site and all Content solely for your personal use and will make no other use of the Content without the express written permission of ImmediateCare Arizona and the copyright owner. You agree that you do not acquire any ownership rights in any Content. We do not grant you any licenses, express or implied, to the intellectual property of ImmediateCare Arizona or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by ImmediateCare Arizona from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ImmediateCare Arizona Content accessed through the Site in any country, or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless ImmediateCare Arizona, Arizona Medical Specialty Group, LLC, and each of the foregoing companies’ officers, directors, employees, agents, and third parties, (collectively, the “ImmediateCare Parties”) from any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The ImmediateCare Parties reserve the right, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the ImmediateCare Parties in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ImmediateCare Arizona agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE IMMEDIATECARE ARIZONA PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE IMMEDIATE CARE PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE IMMEDIATE CARE PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
If, despite the limitation above, the Immediate Care Parties are found liable for any loss or damage which arise out of or in any way connected with any of the occurrences described above, then the ImmediateCare Parties’ liability will in no event exceed, in the aggregate One-Hundred Dollars (US$100.00).
ImmediateCare Arizona reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ImmediateCare Arizona as a result of this agreement or use of the Site. ImmediateCare Arizona’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of ImmediateCare Arizona’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ImmediateCare Arizona with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ImmediateCare Arizona with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and ImmediateCare Arizona with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Submission of Feedback
You may provide suggestions, enhancement requests, recommendations, and other feedback to improve the Site or Content (“Feedback”). We may, but have no obligation to, incorporate your Feedback into the Site or Content. You hereby disclaim any ownership in any Feedback you provide to us, and you hereby assign all right, title, and interest in and to any Feedback provided to us.
Changes to Terms
ImmediateCare Arizona reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. ImmediateCare Arizona encourages you to periodically review the Terms to stay informed of our updates.