Medical Disclaimer, Policy, & Terms of Use

Encompass Care Group, LLC

Medical Disclaimer, Policy, & Terms of Use

Effective Date: 09/06/2021

1. Medical Disclaimer

The information provided by Encompass Care Group, LLC ("Practitioner") is for educational, informational, and certification purposes only and is not intended as medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or your certifying medical condition.

2. Policy

2.1 Certification for Medical Cannabis Programs

The Practitioner provides certification for medical cannabis programs based on state laws and regulations. Certification will only be provided if the patient meets the medical criteria defined by the state.

2.2 Eligibility

Patients must provide comprehensive medical history and any relevant medical records. The Practitioner reserves the right to request additional documentation or conduct further assessments to determine eligibility.

2.3 Confidentiality

The Practitioner is committed to maintaining patient confidentiality in accordance with HIPAA regulations. All patient information will be kept secure and only shared with authorized personnel or entities as required by law.

2.4 Appointment and Consultation

Appointments for medical cannabis certification will be conducted in-person or via a secure telehealth platform. Patients are expected to provide accurate and complete information during consultations.

2.5 Payment Policy

2.5.1 Self-Pay Agreement

Patients understand that Encompass Care Group, LLC does not accept insurance and that they are responsible for all charges incurred during their medical appointments. Payment is required in full at the time of service unless other arrangements have been made prior to the appointment. Patients are financially responsible for all charges regardless of insurance coverage. Failure to pay for services may result in additional fees and potential discharge from the practice. Patients agree to provide updated payment information upon request and authorize Encompass Care Group, LLC to charge their credit card on file for any unpaid balances.

2.5.2 Refund Policy

Any fees charged by Encompass Care Group, LLC for the Application or Service are due immediately and are non-refundable. The payment is for an appointment reservation, not for a certification, prescription, or card. Reservations are non-refundable. If a patient does not show up or cancels their reservation, the payment remains non-refundable. Authorization or recommendation for healthcare treatment is not a guaranteed outcome of a consultation. If the provider saw and approved the patient, there will be no refund, regardless of whether or not the patient completed or continued the subsequent process with the state. For special circumstances, patients may contact natalie@encompasscaregroup.com for assistance.

3. Terms of Use

3.1 Acceptance of Terms

By accessing and using the services provided by the Practitioner, you agree to comply with and be bound by these terms. If you do not agree with these terms, you should not use the services.

3.2 Use of Services

You agree to use the services for lawful purposes only. You are prohibited from using the services in any manner that could damage, disable, overburden, or impair the Practitioner’s operations.

3.3 Accuracy of Information

You agree to provide accurate, current, and complete information as requested by the Practitioner. Providing false or misleading information may result in the denial of services.

3.4 Limitation of Liability

The Practitioner and any associated personnel shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the services or any information provided.

3.5 Changes to Terms

The Practitioner reserves the right to modify these terms at any time. Any changes will be effective immediately upon posting on the website or communication through other channels.

3.6 Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Connecticut, without regard to its conflict of law principles.

4. Contact Information

If you have any questions about these terms, please contact: Natalie Ball, APRN, FNP-BC
Owner & Family Nurse Practitioner
Encompass Care Group, LLC
natalie@encompasscaregroup.com
617-221-5589

By using the services and signing below, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

Privacy Policy

Last Edited: June 6, 2024

This “Privacy Policy” governs your use of Encompass Care Group, LLC and any other website, mobile application, or software owned or operated by Encompass Care Group, LLC or its affiliates (collectively, the “Company”); including but not limited to any interactive features or other online services that may post a link to Encompass Care Group, LLC (hereinafter referred to “Service”).

In addition to reviewing this Privacy Policy, please review our Terms of Use Agreement which governs the use of the Service. If you do not agree to abide by the Terms of Use, you automatically opt out of the Service and are prohibited from using the Service. If you agree to abide by the Terms of Use Agreement and subsequently violate the terms of the Agreement, your use of the Service will be terminated. By using our Service, you consent to our Privacy Policy and Terms of Use Agreement and our collection, use, and sharing of your information and data, and other activities, as described below.

Information Collected

Registering with the Service requires certain information such as:

1. Personally identifiable information, which is information that identifies you personally, including but not limited to your first and last name, email address, home address, date of birth, and phone number (“Personal Information”).

2. Demographic information, such as information about your location, age, gender, and spending habits (“Demographic Information”).

3. Medical information regarding your medical marijuana recommendation (also known as your medical marijuana certification or med card), including the name and license number of your recommending medical provider, the contact information of the medical provider, the method to verify the recommendation’s authenticity, the expiration date of the recommendation, the recommendation verification number, and the details of any orders placed through the Service.

4. Information regarding your usage of our Service, including but not limited to your IP address or other unique identifier, your Device functionality (including browser, operating system, hardware, mobile network information), the URL that referred you to our Service, the areas within our Service that you visit and your activities there (including remembering you and your preferences), your Device location, your Device characteristics; and certain other Device data, including the time of day, among other information (“Usage Information”). We may collect this information through various forms and in various places on the Service, including if you register for an account, through “contact us” forms, or when you otherwise interact with the Service in any way. If we combine Demographic Information with the Personal Information we collect directly from you on the Service, we will treat the combined data as Personal Information under this Privacy Policy. All Personal Information collected by Company is proprietary information and is the property of the Company.

Use of Your Personal Information

We may use your Personal Information, Demographic Information, or Usage Information for various purposes, including:

• To process transactions or provide you with information such as to send you electronic newsletters or to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services, or upcoming events.

• To enable you to participate in a variety of the Service's features such as to enable you to participate in online entry sweepstakes, contests, or other promotions.

• To improve the Service, marketing endeavors, or our service offerings.

• To customize your experience on the Service or to serve you specific content or ads that are relevant to you.

• To provide customer support.

• To contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service's policies.

• To identify your product and service preferences so that you can be informed of new or additional products, services, and promotions.

• For internal business purposes.

• For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

We may use various developed methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter, or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed): cookies, web beacons, embedded scripts, browser fingerprinting, e-tags, and/or entity tags.

We may use Tracking Technologies for a variety of purposes, including to allow you to use and access our Service, including cookies required to prevent fraudulent activity, improve security, or allow you to make use of Service functionality; to assess the performance of the Service, including as part of our analytic practices or otherwise to improve the content, products, or services offered through the Service; to offer you enhanced functionality when accessing the Service, including identifying you when you visit our Service or keeping track of our specified preferences, including in terms of the presentation of content on our Service; and to deliver content, including ads, relevant to your interests on our Service and third-party sites based on how you interact with our content and ads. This includes using Tracking Technologies to understand the usefulness to you of the content and ads that have been delivered to you.

There may be other Tracking Technologies now and later devised and used by us in connection with the Service. Further, third parties may use Tracking Technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with the use of our Service and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.

Location-Based Information

Our Service may use location-based services in order to locate you so that we may verify your location, deliver you relevant content based on your location, and share your location with service providers.

Information Third Parties Provide About You

We may receive information about you from our affiliates, from any other users of the Service, or from any other third parties that may provide us with information we deem relevant to your use of the Service. The Company may at its sole discretion collect and use this information as Personal Information.

Interactions with Third-Party Sites

The Service may include functionality that allows certain kinds of interactions between the Service and your account at a third party such as a third-party website or application, or to a medical provider of yours. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. The Service may include interaction with the API or website of a payment processor like Square, Inc. The Company may at its sole discretion collect and use this information as Personal Information.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Compliance

The HIPAA Privacy Rule establishes standards to protect users of the Service individuals’ medical records and other personal health information. The Service has appropriate safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. However, we may use your Personal Information, Demographic Information, or Usage Information at the Company’s sole discretion for various purposes, including but not limited to: processing transactions; providing special offers catered to users’ needs; enabling users to participate in the Service’s features; providing users with a customized experience; providing customer support; contacting users regarding any updates or changes to this Privacy Policy or Terms of Use; and for other purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission, or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.

How and When Do We Disclose Information to Third Parties?

We may share non-Personal Information, such as aggregated user statistics, with third parties. We do not share the Personal Information that we collect with third parties for those third parties’ direct marketing purposes. We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. The Service may disclose your information as follows:

• When You Provide Information to Third Parties: Although it’s unlikely, you may at some time be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties. You are under no obligation to receive information from them, but if you choose to do so, your Personal Information and other information may be disclosed to the third parties you permitted and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.

• Administrative and Legal Reasons: We may disclose Personal and Usage Information when required by law or subpoenaed by law enforcement; to protect the Service; and to detect or prevent misuse, fraud, security, or technical issues.

• Third Parties Providing Services on Our Behalf: We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (a) to assist us in Service operations; (b) to manage a database of customer information; (c) hosting the Service; (d) designing and/or operating the Service's features; (e) tracking the Service's activities and analytics; (f) enabling us to send you special offers or perform other administrative services; and (g) other services designed to assist us in maximizing our business potential. We may provide vendors with access to your information to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own technologies on your Device and they may otherwise collect or have access to information about you. We are not responsible for those third-party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. We are not responsible for the effectiveness of or compliance with any third parties' opt-out options.

• Affiliates and Business Transfer: We may share your information, including your Device Identifiers and Personal Information, Demographic Information, and Usage Information with our parent, subsidiaries, and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner, or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

• Co-branded Areas: Certain areas of the Service may be provided to you in association with third parties ("Co-Branded Areas") such as promotional partners, and may require you to disclose Personal Information to them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties, or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area. We are not responsible for such third-party's data collection or practices and you should look to such third-party privacy policies for more information.

• Sweepstakes, Contests, and Promotions: We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including allowing the sponsor of the Promotion to use your name, voice, and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

Information User Discloses

The Service may contain reviews by users, writers and content created by users, a community forum, and a message board where users can create user profiles, writings, photographs, ideas, videos, audio recordings, computer graphics, pictures, data, or other content, including Personal Information (collectively, “User Content”). All User Content once posted immediately becomes the property of the Company. The Service may display, reproduce, publish, distribute, or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it. Please think cautiously prior to posting any Personal Information in a public forum. Our Privacy Policy does not apply to any information that you disclose publicly through our Service. We are not responsible for the accuracy, use, or misuse of any User Content that you disclose or receive from third parties through the Service.

User Information and Communications

The user is responsible for maintaining the truthfulness and accuracy of the information you submit to us, such as the user’s contact information and doctor recommendation information provided as part of registration. The Service may disable a user’s account if the information provided is determined to be false or no longer current.

Changes to the Privacy Policy

The Service has the authority to alter the Privacy Policy at any time without notice to you. However, the Service will not change this Privacy Policy in a manner that materially alters the use of the user’s Personal Information as promised at the time it was collected unless required to do so by law.

Terms of Use

Last Edited: June 6, 2024

Encompass Care Group, LLC helps people find excellent doctors and healthcare providers to talk with about getting certified for legal cannabis use within their state. Every healthcare professional on the Encompass Care Group, LLC software platform is licensed by their state to certify patients and provide paperwork for state-legal, medical cannabis.

THE COMPANY DOES NOT SELL MEDICAL CANNABIS AND IS NOT A CANNABIS DELIVERY PROVIDER.

The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you (referred to sometimes as “user” or “you”) and Encompass Care Group, LLC (or the “Company”). In order to use the Service (defined below) and the associated Application (defined below), you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and/or accessing, downloading, installing, or using any associated application or website provided by the Company (including without limitation, the Encompass Care Group, LLC website located at Encompass Care Group, LLC) (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the Encompass Care Group, LLC website or through the Service.

I. Medical Consultation Service

The Site may at any time offer Qualifying Patients one or more of the following:

1. Information on licensed physicians, doctors of osteopathy, nurse practitioners, and health care providers and the services and facilities who wish to take appointments or publish their contact information on the Site (collectively hereafter “Licensed Health Care Provider(s)”).

2. Concierge-type assistance in planning for healthcare procedures and appointments with Licensed Health Care Providers, especially as it relates to location and geographic-specific information in the area surrounding the Licensed Health Care Provider or facility.

3. Development and gathering of healthcare records and healthcare information with retention of the same for use in Licensed Health Care Provider appointments and communications.

4. Administrative support in connection with third-party financing and payment options for Licensed Health Care Provider services and submission of third-party insurance claims for reimbursement of healthcare expenses when possible.

5. In certain circumstances, telecommunications support using the Site for direct access to Licensed Health Care Providers and facilities with whom a qualifying patient has an existing Licensed Health Care Provider to patient relationship for communication, consultations, assessments, and ongoing treatment.

6. In-person medical consultations with Licensed Health Care Providers.

II. Who May Access The Site

You may access and/or use the Site only if you have read, accepted, and agreed in full to each and every Term that is set forth herein or may be added, revised, or otherwise amended by Encompass Care Group, LLC. In addition, the Site may be used only by persons who are at least eighteen (18) years of age. Encompass Care Group, LLC does not seek through this Site to gather personal information from or about persons under the age of 18.

In addition, Encompass Care Group, LLC services shall be available only to Qualifying Patients that reside in a state, including the District of Columbia, that allows certain individuals with distinct and defined debilitating conditions or that are undergoing certain medical treatments to consume cannabis for medical use (“Medical Cannabis Jurisdiction(s)”). The services provided through the Site vary by qualifying patient debilitating condition and/or medical treatment as dictated by applicable state laws and regulations in the Medical Cannabis Jurisdiction in which you reside. Encompass Care Group, LLC services are subject to state laws and regulations and may change from time to time due to changes in such regulatory requirements.

III. Compliance with Applicable Law

A. Federal Law

Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. As such, possession, distribution, cultivation, and/or manufacture of cannabis is illegal under federal law, regardless of whether your Licensed Health Care Provider has recommended cannabis to you as a therapeutic measure in compliance with state or other non-federal law.

Upon acceptance of this Agreement, you represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a Licensed Health Care Provider you select through the Site, you will not hold Encompass Care Group, LLC or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state and locality in which you reside.

B. State and Local Law in Medical Marijuana Jurisdictions

In order to gain access to and use the Site, you must demonstrate to the satisfaction of Encompass Care Group, LLC that you currently reside in an appropriate legal jurisdiction and meet applicable legal requirements for consumers of the products at hand. It is likely that only a valid, state-issued, non-expired identification card or driver’s license (collectively, “Identification”) shall be sufficient to demonstrate the required personal features.

Upon demonstration of location within a Medical Cannabis Jurisdiction through submission to the Site of your Identification or geo-location (as appropriate), Encompass Care Group, LLC shall seek to coordinate your initial communication with a Licensed Health Care Provider who can legally practice in the Medical Cannabis Jurisdiction in which you reside. We aim that you should not have access through the Site to a Licensed Health Care Provider who does not also practice in the same Medical Cannabis Jurisdiction of which you are a resident. Upon acceptance of this Agreement, you represent and warrant that you understand that there exist conflicts between federal and state law on cannabis.

IV. Medical Cannabis Recommendations

Encompass Care Group, LLC plays no role whatsoever in determining whether and to what extent medical cannabis may be an appropriate treatment for you. Whether and under what circumstances to recommend medical cannabis is in the sole discretion of your Licensed Health Care Provider following a good faith medical examination or series of examinations to be conducted in accordance with the applicable and governing state laws and regulations of the respective Medical Cannabis Jurisdiction, to determine whether cannabis would be effective as a treatment for your condition(s).

It is of the utmost importance to Encompass Care Group, LLC that a Licensed Health Care Provider’s determination regarding whether and under what circumstances to recommend the use of medical cannabis be determined solely by your Licensed Health Care Provider’s independent medical judgment after a good faith medical examination. While Licensed Health Care Providers are obligated to perform a good faith medical examination, Licensed Health Care Providers are in no way obligated to recommend to you the use of cannabis for your medical treatment. At no time shall you provide cash or any form of remuneration to either Encompass Care Group, LLC or to your Licensed Health Care Provider intended in whole or in part to induce your Licensed Health Care Provider to recommend the use of medical cannabis. While certain fees shall apply for your medical consultation with a Licensed Health Care Provider, there is no guarantee of any kind of a medical cannabis recommendation. All such Recommendations are solely within the professional medical judgment and discretion of the Licensed Health Care Provider.

Neither Encompass Care Group, LLC nor Licensed Health Care Providers make any warranties or guarantees that the use of medical cannabis would be an effective treatment for your medical condition(s). Should a Licensed Health Care Provider determine that you have a qualifying debilitating condition or that you are undergoing certain medical treatments that justify a recommendation for the use of medical cannabis (a “Patient Recommendation” or “Certification” or “Prescription”), you bear the sole responsibility of obtaining cannabis for your medical use within the Medical Cannabis Jurisdiction in which you reside. Note that wherever the term “prescription” appears in the Site, it is metaphorical, meant to ease common usage, and meant to refer to what is often called a medical marijuana “recommendation” or “certification” or "patient card" or "med card" by the applicable state government.

V. Your Relationship With Encompass Care Group, LLC

Encompass Care Group, LLC provides a platform for you to consult with your Licensed Health Care Provider and to obtain access to additional information regarding the use of cannabis for medical treatment, which you may or may not choose to utilize in planning your healthcare and wellness. The services provided through the Site are not a substitute for all direct healthcare services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your Licensed Health Care Provider, whom you select in your sole discretion based on your choice of availability times and an automated algorithm for assigning appointments to Licensed Health Care Providers.

By accepting the Terms of Use, you understand and agree that Encompass Care Group, LLC or your Licensed Health Care Provider may send you messages, reports, and emails, via the Site or otherwise, regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold Encompass Care Group, LLC liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.

VI. Consultative Service

If permitted by the Medical Cannabis Jurisdiction in which you reside, your Licensed Health Care Provider may use the Site to receive information from you as well as to provide advice or diagnosis to you. You acknowledge that your Licensed Health Care Provider providing such services through the Site might not have the benefit of information that would be obtained by examining you in-person and observing your physical condition, in each instance. Therefore, you acknowledge that it is possible that your Licensed Health Care Provider providing services through the Site might not be aware of, or reasonably able to ascertain, facts or information that would affect his or her opinion of your medical condition, needs, and/or appropriate treatment plan. By deciding to engage the services of the Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive may be limited and provisional; (ii) the opinion is not intended to replace all full medical evaluations or in-person visits with your other Licensed Health Care Providers; (iii) your Licensed Health Care Provider providing services through the Site may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect your Licensed Health Care Provider’s ability to diagnose your condition, disease, or injury.

In order for your Licensed Health Care Provider to determine whether your medical condition(s) would benefit from the use of medical cannabis, certain Medical Cannabis Jurisdictions may require that you undergo an in-person medical examination or series of examinations with your Licensed Health Care Provider. Should your Medical Cannabis Jurisdiction require an in-person, physical medical examination or series of examinations prior to Patient Recommendation, Encompass Care Group, LLC may assist you in the coordination of an in-office visit or visits with a Licensed Health Care Provider. If you refuse or are unable to undergo such examination(s), your Licensed Health Care Provider could be prohibited from making any Patient Recommendation on your behalf. You understand and agree that the opinion expressed by a Licensed Health Care Provider using this Site is not that of Encompass Care Group, LLC and will not be used in any legal dispute against Encompass Care Group, LLC, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation, and/or malpractice claims.

VII. Duty to Provide Information and Access

If you consult with a Licensed Health Care Provider through the Site, you have a duty to provide appropriate real-time audio and video access (consistent with reasonable technical and quality requirements or any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by your Licensed Health Care Provider. You also have a duty to provide truthful, accurate, and complete responses on any patient forms or patient information requests Encompass Care Group, LLC or your Licensed Health Care Provider may provide through the Site.

VIII. Privacy Policy

Encompass Care Group, LLC understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy at this link for a description of how we may collect and use your personal information. In tandem with Encompass Care Group, LLC’s Privacy Policy, by entering into this Agreement you represent and warrant that you understand that certain healthcare records pertaining to any Patient Recommendation made on your behalf by your Licensed Health Care Provider may be subject to mandatory disclosure and production to relevant government authorities by either Encompass Care Group, LLC or its Licensed Health Care Providers under the applicable and governing laws and regulations of your Medical Cannabis Jurisdiction including federal laws governing that jurisdiction. Specifically, by entering into this Agreement you represent and warrant that you understand that copies of your medical records stating that you have been diagnosed with a serious medical condition or are undergoing certain medical treatments for which the medical use of cannabis is an appropriate remedy may be subject to mandatory disclosure and production either by Encompass Care Group, LLC or its Licensed Health Care Providers to relevant government authorities under the applicable and governing laws and regulations of your Medical Cannabis Jurisdiction.

IX. Credit Transactions

As part of the services on the Site, Encompass Care Group, LLC may facilitate your payment of certain fees for products and services for your purchase from time to time through the Site or via Stripe. When you pay by credit card, you hereby authorize Encompass Care Group, LLC to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as they become due and payable. In the event that your credit card expires or Encompass Care Group, LLC is otherwise unable to debit the applicable amounts from your credit card, Encompass Care Group, LLC shall provide notice to you, whereupon you shall immediately furnish Encompass Care Group, LLC with a valid credit card for payment. Your request for services through the Site will not be fulfilled until full payment has been received and/or verified.

X. Limited License and Site Access; Intellectual Property Rights; All Rights Reserved

The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). Encompass Care Group, LLC grants you a limited, non-exclusive, non-transferrable license to access and make personal use of the Site, but not to download (other than for page caching) or modify it, or any portion of it, except with Encompass Care Group, LLC’s express written consent. This license does not include: any resale or commercial use of the Site or the Content; any derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.

Neither this Site nor any portion of the Site may be reproduced, duplicated, copied, sold, reverse-engineered, resold, visited, or otherwise exploited for any commercial purpose without Encompass Care Group, LLC’s express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of Encompass Care Group, LLC without Encompass Care Group, LLC’s express written consent. You may not use any meta-tags or any other “hidden text” containing Encompass Care Group, LLC’s trademarks or service marks without Encompass Care Group, LLC’s express written consent.

Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of Encompass Care Group, LLC or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of Encompass Care Group, LLC and is protected by U.S. and international copyright laws.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Encompass Care Group, LLC or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Encompass Care Group, LLC. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Encompass Care Group, LLC does not warrant or represent that your use of Content or any other materials displayed on the Site will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization, or any other rights of the persons, products, or landscape portrayed in the provided Content. Encompass Care Group, LLC is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend, and hold harmless Encompass Care Group, LLC from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

Certain trademarks on the Site are the service marks and trademarks of Encompass Care Group, LLC or its licensees. The domain name for the Site, the Encompass Care Group, LLC logo, and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Encompass Care Group, LLC. All other trademarks, service marks, trade dress, product names, company names, or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Encompass Care Group, LLC.

Permission for all other uses of Content, service marks, trademarks, logos, trade dress, or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress, or other intellectual property on any other website or networked computer or linking to any page at the Site, must be obtained from Encompass Care Group, LLC or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Encompass Care Group, LLC should be submitted via email to staff@Encompass Care Group, LLC. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to Encompass Care Group, LLC.

Encompass Care Group, LLC (or the respective third-party owners of Content) retains all right, title, and interest in the Site and any Content and features offered on the Site, including any and all intellectual property rights. Encompass Care Group, LLC (or the respective third-party owners of Content) reserves all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.

XI. DMCA Policy

Encompass Care Group, LLC respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously. Encompass Care Group, LLC asks our users to do the same.

Encompass Care Group, LLC employs measures to prevent copyright and other intellectual property infringement on the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please email a written notification of the claimed copyright or other intellectual property infringement to staff@encompass.care

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially all of the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;

2. Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by the notice, a representative list of such works;

3. Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Encompass Care Group, LLC to locate the material;

4. Information reasonably sufficient to permit Encompass Care Group, LLC to contact you, such as your name, address, telephone number, and email address;

5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and

6. A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.

XII. Ownership of Information Submitted via the Site

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) or other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”), any information you transmit to Encompass Care Group, LLC via the Site, whether by direct entry, submission, email or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Encompass Care Group, LLC.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Encompass Care Group, LLC shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Encompass Care Group, LLC via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

XIII. Connection Requirements

You are responsible for providing and maintaining, at your own risk, option, and expense, any hardware, software, and communication lines required to access and use the Site. Encompass Care Group, LLC reserves the right to change the access configuration of the Site at any time without prior notice.

XIV. Prohibited Uses

Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Site, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means, (v) to access systems, data, or information not intended by Encompass Care Group, LLC to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Encompass Care Group, LLC, (vii) to reverse engineer, disassemble, or decompile any section or technology on the Site, or (viii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Encompass Care Group, LLC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, or any other similar software or programs that may damage the operation of another's computer or property of another; (e) delete any author attributions, legal notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising including but not limited to advertising the personal sale, cultivation, manufacture, or distribution of cannabis for medical or commercial use by you or by or for other individuals, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national, or international law, or those applicable state laws and regulations in your Medical Cannabis Jurisdiction of residence; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring, or similar navigational technology; (l) probe, scan, test the vulnerability of, or breach the authentication measures of, the Site or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions, or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Site, or copy any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities.

Encompass Care Group, LLC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access and/or account and assistance of law enforcement where necessary or when required. Encompass Care Group, LLC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be expressly limited by the Privacy Policy, Encompass Care Group, LLC reserves the right at all times to disclose any information as Encompass Care Group, LLC deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Encompass Care Group, LLC’s sole discretion.

XV. Right, But No Duty, To Monitor

In general, Encompass Care Group, LLC neither actively monitors general use of the Site under normal circumstances nor exercises editorial control over the content of any third party’s website, email transmission, news group, or other material created or accessible over or through the Site. However, Encompass Care Group, LLC does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Encompass Care Group, LLC’s sole discretion, may be illegal, may subject Encompass Care Group, LLC to liability, may violate these Terms of Use, or are, in the sole discretion of Encompass Care Group, LLC, inconsistent with Encompass Care Group, LLC’s purpose for the Site.

To the extent that any of the Content included in the Site is provided by third-party content providers, Licensed Health Care Providers, or other Site users, Encompass Care Group, LLC has no editorial responsibility over such Content. Therefore, any opinions, statements, products, services, or other information expressed or made available by professionals, third-party suppliers, or users on the Site are those of such professional, third-party suppliers, or users, respectively. Encompass Care Group, LLC does not represent or endorse the accuracy or reliability of any opinion, statement, or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Encompass Care Group, LLC.

As you view the Site, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Site. Certain of these linked websites may make use of Encompass Care Group, LLC’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos, and trade names) under license from Encompass Care Group, LLC. Encompass Care Group, LLC is not responsible for the availability or content, products, services, or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Encompass Care Group, LLC of the organizations sponsoring such third-party websites or their products or services. Encompass Care Group, LLC shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website. Encompass Care Group, LLC is not responsible for the privacy practices of any other websites. These Terms of Use do not apply to any other websites.

XVI. Third-Party Interactions

Your interactions with entities or individuals found on or through the Site, including payment and conveying of services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Site and disclosing personal information.

You agree that Encompass Care Group, LLC shall not be responsible or liable for any loss or damage or resulting civil or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that Encompass Care Group, LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users or service providers on the Site, you hereby release Encompass Care Group, LLC, its officers, employees, agents, and successors in interest from claims, demands, and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Site or the features and services therein. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

XVII. Termination

Encompass Care Group, LLC may terminate your use of the Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Use. Encompass Care Group, LLC will terminate a user’s access to the Site and its features and services if, under appropriate circumstances, the user is determined to be a repeat infringer of third-party rights or in breach of these Terms of Use. Upon any such termination, you must destroy all Content obtained from the Site and all copies thereof. The provisions of these Terms of Use concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination. You agree that if your use of the Site is terminated pursuant to these Terms of Use, you will not attempt to use the Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Encompass Care Group, LLC harmless from any and all liability that Encompass Care Group, LLC may incur therefore.

XVIII. Disclaimers

Content and other information contained on the Site is provided by Encompass Care Group, LLC as a convenience to its Users. Users relying on Content or other information from the Site do so at their own risk.

THE ENCOMPASS CARE GROUP, LLC SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ENCOMPASS CARE GROUP, LLC TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. ENCOMPASS CARE GROUP, LLC MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

XIX. Refund Policies

Refunds are always solely in the discretion of the Company based on an assessment of the total situation of the customer. Refunds are only considered in cases where the healthcare provider saw and rejected the patient for a medical recommendation. If the provider approves the patient, there will be no refund, regardless of whether or not the patient completed or continued the subsequent process with the state.

Any fees that the Company may charge you for the Application or Service are due immediately and must be assumed by the customer to be non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, or disruption caused to our Application or Service either planned, accidental, or intentional.

The Company reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.

XX. Limitation of Liability

IN NO EVENT SHALL ENCOMPASS CARE GROUP, LLC BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENCOMPASS CARE GROUP, LLC ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ENCOMPASS CARE GROUP, LLC IS HELD LIABLE BY A COURT OF LAW FOR ANY DAMAGES, ENCOMPASS CARE GROUP, LLC SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

NEITHER ENCOMPASS CARE GROUP, LLC NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL CRIMES AND NEITHER ENCOMPASS CARE GROUP, LLC NOR ANY OF ITS LICENSED HEALTH CARE PROVIDERS ARE LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR MEDICAL USE OR OTHERWISE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

XXI. Indemnification

You agree to defend, indemnify, and hold harmless Encompass Care Group, LLC, its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from the Site, your use of the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

XXII. Notices and Electronic Communications

Any notices to you from Encompass Care Group, LLC regarding the Site or these Terms of Use will be posted on the Site or made by email or regular mail. When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by mail, email, or by posting notices on the Site (the method being in our sole discretion). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

XXIII. Miscellaneous

These Terms of Use and other policies Encompass Care Group, LLC may post on the Site or that you and Encompass Care Group, LLC may execute constitute the entire agreement between Encompass Care Group, LLC and you in connection with your use of the Site and supersede any prior agreements between Encompass Care Group, LLC and you regarding use of the Site, including prior versions of the Terms of Use.

Those who choose to access the Site do so on their own initiative and are responsible for compliance with their local, state, and national laws, including those applicable and governing Medical Cannabis Jurisdiction laws and regulations, if and to the extent applicable. Access to the Site from jurisdictions where the Content and purpose of the Site are illegal or penalized is strictly prohibited.

All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect, with the exception of headings “Part 1” and “Part 2”.

You affirm that you have a primary care doctor and that they are available to care for you when you need in-person service. You further affirm that your primary care doctor has not said you are unsuitable for medical marijuana.

XXIV. Dispute Resolution, Governing Law, and Arbitration Agreement

By choosing to visit the Site or otherwise provide information to Encompass Care Group, LLC, you agree that any dispute over your use of the Site or these Terms of Use will be governed by the laws of the State of Connecticut and the United States of America, without regard to any conflicts of law provisions. You also consent that any disputes between you and Encompass Care Group, LLC shall be adjudicated in the state courts located in Hartford County, Connecticut. Prior to the filing of any legal action resulting from these Terms of Use, you also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.

A. TIME TO PRESENT CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Application or to this Agreement must be filed within one (1) year after such claim or cause of action accrued or shall be forever barred.

B. ALL DISPUTES, OTHER THAN SMALL CLAIMS ACTIONS, SHALL BE SUBMITTED FOR BINDING ARBITRATION

You and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service or Application (collectively, "Disputes") shall be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 

You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class user in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.

Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Connecticut and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure: Unless you and the Company otherwise agree, the arbitration will be conducted in Hartford County, Connecticut. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees: Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

Right to Counsel: You have the right to be represented by counsel of your choice. However, you agree that in all events you, not Encompass Care Group, LLC, shall be responsible for all of your counsel’s fees.

Changes: Notwithstanding the provisions of the modification-related provisions above, if the Company changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us a notice to staff@Encompass Care Group, LLC with "Legal" in the subject line within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of the Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

XXV. No Agency Relationship

Neither these Terms of Use, nor any Content, materials, or features of the Site create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

XXVI. Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contact Information

If you have any questions about these terms, please contact: Natalie Ball, APRN, FNP-BC Owner & Family Nurse Practitioner Encompass Care Group, LLC natalie@encompass.care.com 303-531-0023

By using the services and signing below, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.