Reading and accepting the Terms and Conditions of totalcareehealth.com is necessary before using the website. You must accept these terms prior to being allowed access.
1. Use of totalcareehealth.com
You must be over the age of 18 or have the legal right to form a legally binding contract to access and use the services of totalcareehealth.com. Parents who access and/or purchase supplies on behalf of their children assume the responsibility of these actions.
In general, while using totalcareehealth.com, you may not:
- Post content of an inappropriate nature on the Sites
- Violate any laws, third party rights, or any of our policies;
- if you are temporarily or permanently suspended from totalcareehealth.com;
- manipulate the price of any product or item listed on totalcareehealth.com;
- manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to totalcareehealth.com;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- engage in any action that may weaken or sabotage the User Review or User Ratings System such as exhibiting, importing or exporting Review data off of totalcareehealth.com or by using it for some other purpose not related to totalcareehealth.com;
- distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
- use any form(s) of technology that might cause harm to totalcareehealth.com, or to the interests or property of totalcareehealth.com users;
- duplicate, change, or disseminate content from totalcareehealth.com and our copyrights and trademarks;
- gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user's express consent;
- impersonate any person or entity, including without limitation a totalcareehealth.com employee or agent, or otherwise misrepresent your affiliation with any person or entity;
- register or use any email address that you do not own or for which you do not have the express permission of the owner to register with totalcareehealth.com.
2. Content License
By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting of a review etc), you are agreeing that such submission is non-confidential for all purposes. Any submission of publicly viewable content to this Web site will be deemed and remain the property of totalcareehealth.com. You grant or warrant that the owner of such content has expressly granted totalcareehealth.com a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
3. Usage of Content
- Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to TotalCare eHealth Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without totalcareehealth.com's prior written consent
- The exception to the above is that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of totalcareehealth.com, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.
- We may also use 3rd party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on totalcareehealth.com. Any use of these 3rd party information, photos, or videos by a totalcareehealth.com user will require that they obtain the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
4. Medical Advice
This site should NOT be used in the place of medical advice from a licensed medical practitioner. If you are having an emergency, you should dial 911.
You recognize and agree that the content made available through totalcareehealth.com is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling or as the practice of medicine or as the creation of a physician-patient relationship with totalcareehealth.com.
We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through totalcareehealth.com.
6. Right To Refuse Service
TotalCare eHealth reserves the right to refuse service to anyone at anytime at our sole discretion. In the case where we discontinue service we will continue to honor any warranty obligations as required by law.
7. Limitation of Liability
- totalcareehealth.com will not be held responsible by you for other user's actions or inactions, including things posted by said users.
- Additionally, we cannot guarantee that this website will not be breached, however we have taken caution in the development and maintenance to reduce the potential of same in no event shall totalcareehealth.com guarantee constant or secure access to our websites or services, and normal functioning of totalcareehealth.com may be interfered with or disrupted by numerous factors beyond the scope of our control.
- According to the fullest extent permitted by law, we exclude all implied warranties, terms and conditions and we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, incidental or consequential damages arising out of your use of totalcareehealth.com. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $100.
You agree to release totalcareehealth.com, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with totalcareehealth.com.
9. Access and Interference
Much of the information on the totalcareehealth.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to totalcareehealth.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the totalcareehealth.com website for any purpose without first obtaining our expressed written permission.
You also agree that you will not:
- take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the totalcareehealth.com framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from totalcareehealth.com without the prior expressed written permission of totalcareehealth.com and the appropriate third party, as applicable;
- interfere with or meddle, tamper, or obstruct the proper and correct functioning of totalcareehealth.com or any activities carried out on totalcareehealth.com; or circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to totalcareehealth.com.
You may change and access the information you provide to us by logging in to your totalcareehealth.com account. We use third parties to check and certify the protection of your privacy. Please do not use totalcareehealth.com if you have any objections whatsoever to your information being transferred or used in the way described herein.
11. Your Account
If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. totalcareehealth.com does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. totalcareehealth.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
12. Typographical Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, totalcareehealth.com shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. totalcareehealth.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, totalcareehealth.com shall issue a credit to your credit card account in the amount of the incorrect price.
13. Risk of Loss
For all items purchased from totalcareehealth.com, you assume the risk of loss and title upon our delivery to the carrier.
14. Product Descriptions
totalcareehealth.com attempts to be as accurate as possible. However, totalcareehealth.com does not warrant that product descriptions or other content on this site are accurate, complete, reliable, current, or error-free.
If you should find such error or discrepancy, please contact us through our contact link.
15. Insurance and Insurance Claims
totalcareehealth.com (TotalCare eHealth, Inc) provides CPAP and related equipment to the consumer on a cash only basis.
totalcareehealth.com does not accept assignment. We are not a provider for any insurance company or health care organization.
totalcareehealth.com does not file any insurance claims, but will assist you in the filing of these claims.
ABN Notice For Medicare Beneficiaries
We do not work with private or government based insurers or social benefit programs. We do not accept assignment. totalcareehealth.com is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on totalcareehealth.com.
You agree to indemnify and hold totalcareehealth.com, trustees, officers, agents, directors, subsidiaries, joint ventures and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, use of our website, or your violation of any law or the rights of a third party.
17. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and totalcareehealth.com by this Agreement.
Except as specifically stated elsewhere, legal notices shall be served on totalcareehealth.com through our national registered agent. Any legal notices served on you will be sent to the email address you provide to totalcareehealth.com during the registration or ordering process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Additionally, you may be served legal notice by mail to the address(es) on file with your totalcareehealth.com account. In such case, notice shall be considered given 72 hours after the date of mailing.
We may make changes or amendments to this Agreement at any time by posting the amendments on totalcareehealth.com. All changes to this Agreement shall automatically become effective.