You acknowledge that while material found on the Site may be provided by Skilled Nursing Facility (“SNF”) employees, affiliates, principals including healthcare professions, the provision of these materials does not create a medical professional/patient relationship and is not medical advice, diagnosis, an opinion, or recommended treatment but is provided to help you choose a skilled nursing facility. “Material” is understood to mean text, data, graphics, photographs, images, video, audio, information, travel routes, mass transit directions, informational content and other materials provided or otherwise found through the course of using the Services or Site and include any material provided in direct response to your inquiries.
NOTE THAT WHILE WE UNDERTAKE REASONABLE EFFORTS TO ENSURE THE ACCURACY OF MATERIALS FOUND ON OUR SERVICES OR SITE, WE DO NOT MAKE GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING PROFESSIONAL QUALIFICATIONS, SERVICES OFFERED, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE, BENEFITS OR ANY OTHER MATERIAL MADE AVAILABLE THROUGH OUR SITE OR SERVICES. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON ANY OF THE MATERIALS FOUND THROUGH OUR SITE OR SERVICES. WE DO NOT ENDORSE OR RECOMMEND ANY ENTITY, OR AFFILIATED INDIVIDUALS, LISTED, OR MADE ACCESSIBLE THROUGH, OUR SERVICES. OUR ROLE IS TO CONNECT YOU WITH SKILLED NURSING FACILITIES IN YOUR DESIRED AREA BUT ANY DECISIONS YOU MAKE WITH REGARD TO SELECTING A SKILLED NURSING FACILITY ARE YOUR OWN.
INFORMATION PROVIDED THROUGH OUR SITE AND SERVICES IS NOT MEDICAL ADVICE
The material you receive from Eldon Group, its employees, contractors, partners, advertisers, licensors or otherwise generally available through our Site and Services is informational only and does not constitute medical advice. Any communications with us or the skilled nursing facilities found on our platform are for informational purposes only.
IT IS YOUR RESPONSIBILITY TO OBTAIN, AND VERIFY THE ACCURACY OF, ANY MEDICAL ADVICE YOU RECEIVE AND NOT TO RELY ON ANY MATERIAL FOUND ON, OR INFORMATION PROVIDED THROUGH INTERACTION, WITH OUR SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK. WE DO NOT RECOMMEND OR ENDORSE ANY SKILLED NURSING FACILITIES.
NO DOCTOR PATIENT RELATIONSHIP
Skilled nursing facilities and their employees, principals or affiliates, including doctors, nurses and other medical professionals, may use our Site and Services to make materials available to you. None of these materials or any ensuing interaction arising out of the use of our Site or Services shall create a doctor-patient relationship.
We encourage, and make reasonable efforts, to ensure the skilled nursing facilities use our Site and Services responsibly but we cannot guarantee the accuracy of any information provided by them, or us, on our Site and Services. We will not be liable for cancelled or unfulfilled services, or any injury or loss resulting therefrom, or any other injury or loss resulting or arising from, or related to, the use of the Site or Services whatsoever.
CHOOSING A SKILLED NURSING FACILITY IS YOUR RESPONSIBILITY
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN SKILLED NURSING FACILITY BASED ON ALL FACTORS THAT MAY BE IMPORTANT TO YOU INCLUDING, BUT NOT LIMITED TO, WHETHER THE SKILLED NURSING FACILITY CAN EFFECTIVELY SERVICE YOUR NEEDS, IS PROPERLY LICENSED, HAS THE REQUISITE EXPERIENCE AND ACCEPTS THE PAYMENT SYSTEM, INCLUDING INSURANCE PROVIDER, THAT YOU REQUIRE.
SOME SKILLED NURSING FACILITIES MAY PAY US A FEE IN ORDER TO BE MARKETED THROUGH OR TO USE OUR SERVICES. WE WILL ATTEMPT TO SHOW YOU IN SEARCH RESULTS THE SKILLED NURSING FACILITIES THAT MATCH YOUR SPECIFICATIONS BASED ON THE INFORMATION YOU PROVIDED TO US BUT WE DO NO GUARANTEE OR REPRESENT THE ACCURACY OF THESE RESULTS. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. OCCASIONALLY, CERTAIN SKILLED NURSING FACILITIES MAY RECEIVE PRIORITY IN THE LISTED RESULTS OR MAY FEATURE ADDITIONAL MATERIALS. SUCH PRIORITIZATION OR ADDITIONAL MATERIALS SHALL NOT BE INTERPRETED AS AN ENDORSEMENT OF SAID SKILLED NURSING FACILITY.
MATERIALS FOUND ON OUR SITE AND SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY.
Any materials provided by skilled nursing facilities or obtained from information made generally available to the public, are for general reference purposes only. The information contained in these materials can change frequently and may become incomplete or inaccurate. It is your responsibility to independently verify the content of the materials.
Insurance materials and any related content including, but not limited to, insurance coverage or benefits is for general informational purposes only. It is your responsibility to verify coverage with your own insurance provider.
The Services are free for use by individuals, but you are still responsible for your healthcare expenses. You are responsible for ensuring that all information that you provide to Eldon Health is accurate and up-to-date, including your insurance information. Some Services may not be available through Eldon Health or your skilled nursing facility depending upon a number of factors, including your insurance participation. Ultimately, you must resolve any dispute between you or any skilled nursing facility arising from any transaction hereunder directly with the skilled nursing facility.
You are responsible for all use of the Services, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever. You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy.
RESPONSIBILITY OF SKILLED NURSING FACILITIES AND THEIR AFFILIATES, EMPLOYEES, CONTRACTORS OR PRINCIPALS.
Skilled nursing facilities and their affiliates, employees, contractors, or principals, agree to the following:
a. Not to use our Site or Services directly, or indirectly, to gauge demand, assess market competition, price services, or for any purposes other than to provide, or obtain, skilled nursing facility services either as a prospective user or to prospective users.
b. Not to use our Site or Services to engage in anti-competitive practices, deceptive or unfair practices, or otherwise violate any applicable laws or regulations.
SERVICES AND MATERIALS MAY CHANGE
While we hope and strive for your experience with Eldon Health to be exceptional, you recognize that there are factors outside of our control. You recognize that we have no control over, and no duty to act regarding: (a) which users gain access to the Site and/or the Services, (b) what Material, or Materials, you access, (c) what effects the Material, or Materials, may have on you, (d) how you may interpret or use the Material or Materials, or (e) what actions you may take as a result of having been exposed to the Material or Materials. You release us from all liability for you having acquired, you having not acquired, or your use of Material or Materials made available, or not available, to you through our Site or Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you.
Services provided by Eldon Health are “As-Is” and “As Available.” Eldon Health makes no warranties or guarantees, express or implied, about the Site or Services. To the extent permitted by law, we disclaim any and all warranties, including statutory warranties, regarding our Site and Services. This disclaimer applies, without limitation, any warranties that our Services are merchantable, of satisfactory quality, non-infringing, accurate or fit for a particular purpose or need. We cannot, and do not, guarantee that any results obtained from use of our Site or Services will be accurate, reliable, effective or satisfactory as per your needs. We cannot and do not guarantee that you will be able to use or access the services at times and/or locations of your choosing. Furthermore, we bear no responsibility for the completeness, accuracy or reliability of any Material or Materials made accessible to you through our Site or Services. We do not warrant that our Site or Services will be free from defects, viruses, loss of data, errors or any other harmful, or potentially harmful, elements.
GENERAL LIMITATION OF LIABILITY
Your exclusive remedy for any dispute is the total amount of any fees incurred to search for a skilled nursing facility using our Site or Services. The amount of these fees is not to exceed $100 under any circumstances.
We are not liable to you, or any third party on your behalf, for any consequential, incidental, or special damages as a result of your use, or inability to use, our Site and Services. We are not liable for any medical malpractice or negligence by the skilled nursing facilities found on, or through, our Site and Services, regardless of whether we knew or should have known about the existence or possibility of such damages. Our liability shall be limited to the maximum extent permitted by law in the jurisdiction where the claims arise.
We reserve the sole right to terminate, suspend, or limit, your access to our Site and Services if we decide it is in the best interest of our Site and Services.
You agree to indemnify, defend, and hold harmless us, our employees, agents, directors, officers and contractors against all liabilities, including attorney’s fees, that arise from your use of our Site and Services.
DO NOT USE OUR SITE AND SERVICES IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS CONTAINED IN THIS AGREEMENT.
ARBITRATION AND CLASS ACTION WAIVER
You agree that any disputes between you and us, our employees, agents, contractors, directors or parent, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer related disputes and you expressly waive trial by jury. You agree to waive the ability to participate in any capacity, either as a member or class representative, in a class or collective claim and/or class or collective arbitration. You agree to the governance of any dispute resolution through the Federal Arbitration Act.
If any of the provisions of this agreement are deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in effect. Additionally, you agree to modify or replace the unenforceable provision with language most similar in intent and effect to the unenforceable one.
You must be 18 years of age or over to use our Site and Services. By using our Site or Services, you represent that you are of age to form a legally binding contract in your jurisdiction.
SKILLED NURSING FACILITY OPT-OUT POLICY
Upon request, we will suppress any Facility’s information records from being shown through the Services. To suppress your facility information, you need to be either the owner of the applicable facility or be legally authorized to act on behalf of that facility. We endeavor to make changes within 72 hours of receipt of your opt-out request. You can request to opt-out by sending an email to firstname.lastname@example.org.
You understand that an opt-out request will only suppress facility information available directly through the Services, and cannot remove information from third-parties, such as court records, and property records. We do not warrant that a request for removal of or change to contact information will result in removal of or change to all of your information from the Services. Further, we are not responsible for informing any third party of any changes you may request pursuant to this policy, and we cannot remove or cause to be removed information from the databases or records of any third party.
Company: Eldon Group, LLC
Email Address: email@example.com
Telephone Number: 347.903.2754
Effective Date: August 3, 2020