TERMS AND CONDITIONS OF USE
LAST MODIFIED ON: July 17, 2019
virtualcarecoach.com, along with its content, all associated websites, and the consulting services (collectively, the “Website”) is owned and operated by Life Changes Care, LLC, d/b/a Virtual Care Coach, a Colorado limited liability company (the “Company”). The Company provides online caregiver consultation (the “Services”), which are provided subject to the terms of this Agreement. By submitting information to, accessing information from, and otherwise using the Services, you, the end-user (“You”), agree to the terms and conditions contained in this Agreement.
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU FURTHER REPRESENT THAT YOU HAVE THE POWER, RIGHT, AND AUTHORITY TO AGREE TO AND BE BOUND BY THIS AGREEMENT. WHEN YOU USE THE WEBSITE AND THE SERVICES, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE AND SERVICES. THE COMPANY RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME, WITHIN ITS SOLE DISCRETION. IN THE EVENT THE COMPANY MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR EXPRESS ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT TO THIS AGREEMENT.
All questions concerning this Agreement should be directed to Virtual Care Coach, PO Box 272580, Fort Collins, CO 80527, or to firstname.lastname@example.org.
- SCOPE OF SERVICES. The Services provided to you by the Company are limited to online virtual consultation related to caregiver concerns and support. The Services are provided in the English language only at this time. You understand and acknowledge that the Company does not provide medical or professional counseling as part of the Services. The Company will not contact health care, related service providers, or any other third party on your behalf. You acknowledge and agree that you are solely responsible for contacting health care professionals and all third-party service providers regarding specific concerns, conditions, and all diagnostic and treatment considerations. You agree that your use of the Content, as defined below, and the Services is at your sole risk. The Company expressly disclaims any liability for Your actions and omissions as a result of Your use of the Website, Content, or Services. Additionally, you understand and acknowledge that any recommendations included in the Services are based on information provided by You and that the Company will rely on such information You provide. You represent, warrant and covenant that all information You provide to the Company shall be accurate and that the Company may rely on the same. The Company does not collect health, personally identifiable information, or similar data as part of the Services; and You agree not to provide any such information to the Company.
- SESSIONS; CANCELLATIONS. The Services are provided by the Company as Caregiver Coaching Sessions (each a “Session”), and shall be limited in duration as provided on the Website and as purchased by You. Should a single Session not be long enough to address more complex concerns, You may purchase additional Sessions. The Sessions will be provided by the Company via telephone, video conference, or such other communication as is agreed to by You and the Company. It is your sole responsibility to be available at the scheduled time for all Sessions purchased by You and to provide the Company with accurate contact information necessary for the Session. You understand and agree that you must provide the Company with 24 hours prior notice for any cancellation or request to reschedule a Session. Failure to do so will result in a charge for such Session. All cancellations must be received either through the Company’s scheduling system or in writing if such Session was scheduled outside of the scheduling system. If the Company needs to reschedule a Session, it will either reschedule the Session or provide you a refund at its sole discretion.
- PAYMENT; REFUNDS. You agree to pay for all Services and access to the Website using the payment method indicated and provided by the Company, and you grant the Company express authorization to charge all fees to your payment provider. Fees owed are based on the type and the term of Service and the Content ordered by You. All refund requests for appropriately canceled Sessions must be directed to email@example.com. If your payment is not current, the Company may immediately cease to provide any and all Services. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to any affected customers of any such changes.
- INTELLECTUAL PROPERTY. The Company is the owner of all rights in and to the Website and Services, and all associated content, including, but not limited to, design rights, trade dress, copyright rights, trademark rights, patent rights, rights of publicity and privacy, trade secret rights, and any other personal or proprietary rights (the “Content”). All information and Content obtained from the Website and Services, including documented tips, or any other information otherwise made available by the Company are proprietary to the Company and is protected by United States and international intellectual property rights, laws, and treaties. You are expressly prohibited from using the Website and the Services for any purposes not stated in this Agreement. The Company hereby provides you with a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to use the Website and Services for their customary and intended purposes. This license is revocable at any time by the Company, and any rights not expressly granted herein are expressly reserved to the Company. You agree that you will not use the Content obtained from the Website or the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
- USER GENERATED CONTENT. You shall not use the Website or the Services to transmit content (a) related to personal or personally identifiable information of any individual; (b) that violates or infringes upon the rights of any third party, including, without limitation, privacy rights; or (c) that constitutes fraud.
- TERM AND TERMINATION. This Agreement will remain in full force and effect until the expiration of the Services, or as otherwise provided in this Agreement. The Company reserves the right to terminate Your Services at any time without prior notice. Upon termination, the Company shall have no obligation to maintain or forward any content related to Your Services.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT AND THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIONS OR OMISSIONS TAKEN BY YOU. YOUR EXCLUSIVE REMEDY, AND THE COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE A REFUND OF FEES PAID BY YOU TO THE COMPANY, AND IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE AMOUNT OF SUCH FEE FOR ANY REASON. THE COMPANY (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES) SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.
- WARRANTY DISCLAIMERS. THE COMPANY DOES NOT ENDORSE OR RECOMMEND ANY CONTENT ARISING OUT OF THE WEBSITE AND SERVICE, AND YOU USE SUCH CONTENT AT YOUR OWN RISK. COMPANY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE CONTENT, OR THE SERVICE, INCLUDING THEIR ACCURACY, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
- HOLD HARMLESS. You agree to hold harmless, defend, and indemnify the Company (and its officers, directors, employees, agents, and representatives), for, from, and against any and all costs, damages, or losses by any of them (including, without limitation reasonable attorneys’ fees) as a result of a claim by any person arising out of your use of the Website, the Services, or any Content; any information provided by You; any violation by You of this Agreement; any rights of a third party; or any laws or regulations.
- ASSIGNMENT; SEVERABILITY. You may not assign or transfer any of your rights or obligations under this Agreement. The Company may assign its rights and obligations under this Agreement at any time, without notice, including but not limited to, in a sale of the Website. If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
- GOVERNING LAW. The parties agree that any and all claims arising out of or related to this Agreement, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts located in Larimer County, Colorado and pursuant to Colorado law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement. This Agreement is deemed to have been negotiated, executed, and performed exclusively within Larimer County, Colorado. YOU UNDERSTAND AND AGREE THAT ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE DISPUTE AROSE. THE PARTIES EXPLICITLY WAIVE ANY AND ALL STATUTE OF LIMITATIONS OR TIME BARS.
- NO WAIVER; RESERVATION OF RIGHTS. No term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged. All rights not expressly granted herein are reserved to The Company.
VCC may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy was last updated on July 17, 2019.
OUR COMMITMENT TO INDIVIDUAL PRIVACY
VCC is committed to protecting the privacy and accuracy of your information. We collect Usage Data (as described below) and may collect other information in connection with your use of the VCC website and services. We collect personally identifiable information only when you provide it, and we collect the least amount of personally identifiable information required to provide you with requested services. The types of personally identifiable information collected will depend on the nature and the extent of the services you request, but could include your name, address, phone number, information regarding your caregiver status, your relationship to the care receiver, and/or email address.
VCC does not request and we ask that you not send us any sensitive information (e.g., government-issued identification numbers, racial or ethnic information, religious affiliations, health, biometrics or genetic characteristics). If you choose not to provide requested personal information, you can still visit most VCC web pages, but you might be unable to access certain services that require our interaction with you.
WHAT WE COLLECT
We collect a variety of information that you provide directly to us. In general, we collect information from you through:
- Using any of our services, including registering for a consulting session through our websites
- Signing up for e-mail updates about our educational publications
- Submitting requests or questions to us via forms or e-mail
- Requesting customer support and technical assistance
We may collect the following information:
- Name, address, telephone number, and e-mail address
- Information about your customer service and maintenance interactions with us
- Information pertaining to your caregiver status, the relationship to your care receiver, and the zip code of the care receiver in order to identify available local resources, which may be managed through our third-party software to manage notes
- Information you provide to us in connection with any consulting services
- Any other information you choose to directly provide to us in connection with your use of our websites and services
Please note, we will never ask for your social security number, or specific health or medical information.
INFORMATION WE COLLECT THROUGH AUTOMATED MEANS
Cookies, Web Beacons
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences. Web beacons are electronic images embedded into a web page, which may be placed by us or a third party tracking-utility partner) can tell us what advertising you have seen on the website, and allows us to offer you a more diverse selection of advertising information and may also be used together with cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. A cookie or web beacon in no way gives us access to your computer or any information about you, other than the data you choose to share with us. Web beacons may also be included in emails sent by the website to determine when and if such emails are opened or forwarded.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We use third-party web analytics services (such as those of Google Analytics) on our website to collect and analyze usage information through cookies and similar tools; engage in auditing, researching, or reporting; assist with fraud prevention, and provide certain features to you. We also provide a limited amount of your information (such as your e-mail address and order history) to our marketing agency partners so that they can analyze website usage on our behalf, which allows us to improve our services.
We may allow third-party companies, including advertising companies to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. These Cookies store information about the content you are browsing together with an identifier linked to your device or IP address. These Cookies also allow us and third parties to know whether you’ve seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads. You may choose to modify your browser settings to decline cookies.
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Send you information in connection with the services offered
- Provide the services you have requested, pursuant to our Terms and Conditions
- Respond to your communications and requests
- Contact you by e-mail, postal mail, or phone regarding the VCC services, surveys, research studies, special events and other subjects that we think may be of interest to you
- To confirm or fulfill a request that you make
- Customize the content we provide through our services
- Help us better understand your interests and needs, and improve our services
- Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others (e.g. in situations of abuse or emergencies)
- Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others
- Internal record keeping
AGGREGATE / ANONYMOUS DATA
We may aggregate and/or anonymize any information collected through the website so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, statistical analyses of website(s) usage, and may also share such data with any third parties.
SOCIAL MEDIA LINKS AND FEATURES
Our websites may contain links to third-party social media sites, and also contain third-party integrations and functionalities (such as Instagram, or the Facebook “Like” button). If you choose to use these sites or features, you may disclose your information not just to those third parties, but also to their users and the public more generally depending on how their services function. VCC is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and we urge you to read the privacy and security policies of those third parties prior to your use of those sites or features.
DATA SUBJECT RIGHTS AND YOUR CHOICES
You may have certain rights with respect to your information as further described in this section.
Your local laws may permit you to request that we:
- Provide access to and/or a copy of certain information we hold about you
- Prevent the processing of your information for direct marketing purposes (including any direct marketing processing based on profiling)
- Update information which is out of date or incorrect
- Delete certain information which we are holding about you
- Restrict the way that we process and disclose certain of your information
- Transfer your information to a third-party provider of services
- Revoke your consent for the processing of your information
We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests, to comply with a legal obligation, or if necessary for the performance of a contract involving you or us. To the extent that you make such a request, we require certain information to help verify your request and prevent fraudulent information and removal requests. Specifically, we ask that you provide the following pieces of information:
- Username and e-mail address
- Approximate date of your use of the services
- Information you want to view and/or request removed
- A statement under penalty of perjury that all information in your request is truthful and that this is your information or that you have the authorization to make the request on behalf of the owner of such information
Depending on the circumstances and the information you request, we may require additional methods of verification in our discretion.
VCC is intended for general audiences and not for children under the age of 18. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.
HOW WE PROTECT YOUR INFORMATION
We consider the confidentiality and security of your information to be of the utmost importance. VCC takes a variety of technical, administrative, and physical measures to protect your information from disclosure to or access by third parties. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Please note that we do not guarantee the security of information, as no method of internet transmission or storage is completely secure. Also, note that we may retain and store your information in our databases and systems even after your services with VCC are completed as long as we have a legitimate purpose to do so and in accordance with applicable law. We intend to take reasonable and appropriate steps to protect the information that you share with us or third-party service providers from unauthorized access or disclosure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by e-mail at firstname.lastname@example.org.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at email@example.com
We also send our users site and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about service notices and responsibilities. VCC occasionally communicates with its users via email and phone to provide information about requested services. It is important to note that this communication is not used for marketing or promotional purposes. Requesting the deletion of certain types of information may prevent you from accessing some service features.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties or resources we think you may find interesting or helpful. You will have the choice to opt-out from receiving this promotional information.
CHANGING, UPDATING, OR DELETING PERSONAL INFORMATION
If you believe that any information we are holding on you is incorrect or incomplete, please write to or e-mail as soon as possible. We will promptly correct any information found to be incorrect.
If you would like to request to review, correct, update, suppress, restrict, or delete personally identifiable information that you have previously provided to us, or if you would like to request to receive an electronic copy of your personally identifiable information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us by e-mail at firstname.lastname@example.org. We will respond to your request consistent with applicable law.
In your request, please make clear what personally identifiable information you would like to have changed, whether you would like to have your personally identifiable information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personally identifiable information. For your protection, we will only implement requests with respect to the personally identifiable information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.
VIRTUAL CARE COACH CONTACT INFORMATION
Life Changes Care, LLC
d/b/a Virtual Care Coach™
PO Box 272580
Fort Collins, CO 80527