Terms and Conditions

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 Terms of Service 

Date of Last Revision: April 4, 2022 

Welcome to Dawn M. Aycock APRN-C, LLC 

Dawn M. Aycock APRN-C, LLC. (“Dawn M. Aycock APRN-C,” “we,” “us,” “our”) provides its services (described below) to you through its website located at dawnaycockaprn@aprndawnhealthcare.com (the “Site”) or other websites maintained by us or, if applicable, our mobile application(s) and related technologies (the “Mobile App”), and through our related services (collectively, such services, including any new features and applications, and the Site and the Mobile App, the “Service”), subject to the following terms of service (as amended from time to time, the “Terms of Service”). 

By accessing, browsing, or otherwise using the Site, Mobile App or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. 

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRIPMENT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 

In addition, when using or receiving the Service, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at dawnaycockaprn@aprndawnhealthcare.com. All such terms are hereby incorporated by reference into these Terms of Service. 

Access and Use of the Service 

Electronic Communications 

When you use the Service or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, SMS, MMS, or by posting notices on the Service. 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. 

By using the Service, you acknowledge and agree that Dawn M. Aycock APRN-C, may send e-mails relating to your account. You can opt out of your subscription to Dawn M. Aycock APRN-C, e-mail services at any time by logging in to the Service and changing your notification preferences.You can also unsubscribe to special promotional e-mails at any time by clicking on the unsubscribe link in any of our e-mail communications under opt-in preferences. 

By using the Site and opting to receive emails, text messages, and electronic communications, you acknowledge and agree that Dawn M. Aycock APRN-C , will be transmitting certain protected health information (“PHI”) as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”), electronically. You acknowledge and agree that while Tripment takes commercially reasonable steps to protect the privacy and security of PHI, no system is completely secure. You may choose not to receive emails or text messages by unsubscribing. 

You acknowledge and agree that you are solely responsible for providing Dawn M. Aycock APRN-C with accurate contact information, including your mobile device number and email address, where we may send communications containing PHI. Dawn M. Aycock APRN-C is not responsible for user errors and omissions. 

Health Related Information 

 Dawn M. Aycock APRN-C takes no representation and assumes no responsibility for the accuracy of information contained on or available through the Service, and such information is subject to change without notice.You are encouraged to confirm any information obtained from or through the Service with other sources, and review all information regarding any medical condition or treatment with your physician. 

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. 

The Services merely offer tools, resources and a venue to facilitate your selection of a healthcare provider and scheduling appointments with the healthcare provider of your choice.You understand and agree that Dawn M. Aycock APRN-C: (A) does not direct, have any control over, employ, recommend or endorse any healthcare provider and has no control over the acts or omissions of any healthcare provider; (B) is not responsible or liable in any manner for the performance or conduct of any healthcare provider; (C) makes no representations, warranties or guarantees about the quality, safety or legality of the services provided by any healthcare provider, the qualifications, identity or background of any healthcare provider or about your interactions or dealings with any healthcare provider; (D) does not vet, screen or conduct any kind of identity or background checks of any healthcare provider; and (E) is not responsible for payment for services furnished by any healthcare provider.You should exercise caution and perform your own screening before connecting with anyone through the Service. 

Payment Methods: Collection of your credit card or other payment information and the processing of payment of fees to be remitted to the applicable Provider will be performed by third party payment processor(s) (the “Payment Processor(s)”). Dawn M. Aycock APRN-C, currently uses Stripe (https://stripe.com/) as its Payment Processor, but reserves the right to change Payment Processors.You will tender payment to the applicable Payment Processor, and fees will be processed by the applicable Payment Processor. All refunds requests will be taken into consideration based on a case by case basis, with Dawn M. Aycock APRN-C making the final decision regarding refunds. Primarily based on the issue that if decision making skills were provided. There is no guarrantee implied or expressed that servies provided will rectify or correct any complaints, or symptoms a patient/patient advocate may expressed/report. You are bound by the applicable Payment Processor’s terms and conditions for the processing of payments, as the same may be modified by such Payment Processor from time to time (collectively, the “Payment Processer Terms”).Information provided to any Payment Processor is governed by the applicable Payment Processor Terms.Stripe’s Payment Processer Terms are comprised of Stripe’s Connected Account Agreement, located at https://stripe.com/connect-account/legal, which includes the Stripe Services Agreement located at https://stripe.com/legal and Stripe’s Global Privacy Policy located at https://stripe.com/privacy.We are not responsible for the performance of any Payment Processor, including Stripe. 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Dawn M. Aycock APRN-C ,are non-confidential and Dawn M. Aycock APRN-C will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You acknowledge and agree that Dawn M. Aycock APRN-C may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tripment, its users and the public.You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. 

Social Media Sites 

In addition, Dawn M. Aycock APRN-C is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Media Sites.As such, Dawn M. Aycock APRN-C, is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Sites. Dawn M. Aycock APRN-C enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. 

Indemnity and Release 

You agree to release, indemnify and hold Dawn M. Aycock APRN-C and its affiliates and its and their officers, employees, directors, service providers, licensors, and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his settlement with the debtor or releasing party.”If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 

Disclaimer of Warranties 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAWN M. AYCOCK APRN-C LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

DAWN M. AYCOCK APRN-C LLC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAWN M. AYCOCK APRN-C LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAWN M. AYCOCK APRN-C LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY PROVIDER OR ANY CONTENT OR COMMUNICATION OF A THIRD PARTY OR OTHER USER OF THIS SERVICE; (V) ANY SERVICES PROVIDED BY A PROVIDER OR ANY COMMUNICATIONS WITH A PROVIDER; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.IN NO EVENT WILL DAWN M. AYCOCK APRN-C LLC TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRIPMENT IN THE LAST SIX (6) MONTHS (IF AT ALL), OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. 

Your Privacy 

At Dawn M. Aycock APRN-C, we respect the privacy of our users.For details please see our Privacy Policy.By using the Service, you consent to our collection and use of personal data as outlined therein. 

Notice for California Users 

California Civil Code Section 1798.83 (“Shine the Light” Law) permits users of the Service from California to request information regarding the disclosure of your personal information by Tripment to third parties for the third parties’ direct marketing purposes.To make such a request, please send an email to dawnaycockaprn@aprndawnhealthcare.com if we do not respond to your request, you may also have a right to file a complaint with: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

Questions?  Concerns?  Suggestions?
 

Please contact us at dawnaycockaprn@aprndawnhealthcare.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.  

Dawn M. Aycock APRN-C. (“Dawn M. Aycock APRN-C,” “we,” “us,” “our”) provides its services (described below) to you through its website located at aprndawnhealthcare.com (the “Site”) or other websites maintained by us or, if applicable, our mobile application(s) and related technologies (the “Mobile App”), and through our related services (collectively, such services, including any new features and applications, and the Site and the Mobile App, the “Service”), subject to the following terms of service (as amended from time to time, the “Terms of Service”). 

By accessing, browsing, or otherwise using the Site, Mobile App or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. 

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time.If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised.We will also notify you, either through the Service user interface, in an email notification or through other reasonable means.Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately.Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. 

Access and Use of the Service 

Service Description: The Service provides an online platform where health care providers (each such listed health care providers, a “Provider”) can list their practices and services and associated health care costs.You and others can search for and identify relevant Providers in different specialties and geographic areas and view estimates of Providers’ fees and charges.You and other users of the Service can communicate with certain Providers via the Service and can share content with certain listed health care providers, and to request appointments with certain Providers, as set forth below. 

General Practices Regarding Use and Storage: You acknowledge that Dawn M. Aycock APRN-C may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Dawn M. Aycock APRN-C servers on your behalf.You agree that Tripment has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.You acknowledge that Dawn M. Aycock APRN-C reserves the right to terminate accounts that are inactive for an extended period of time.You further acknowledge that Dawn M. Aycock APRN-C reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 

Electronic Communications 

When you use the Service or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically.We will communicate with you by e-mail, SMS, MMS, or by posting notices on the Service.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. 

By using the Service, you acknowledge and agree that Dawn M. Aycock APRN-C may send e-mails relating to your account.You can opt out of your subscription to Dawn M. Aycock APRN-C e-mail services at any time by contacting dawnaycockaprn@aprndawnhealthcare.com. By using the Site and opting to receive emails, text messages, and electronic communications, you acknowledge and agree that Dawn M. Aycock APRN-C will be transmitting certain protected health information (“PHI”) as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”), electronically.You acknowledge and agree that while Dawn M. Aycock APRN-C takes commercially reasonable steps to protect the privacy and security of PHI, no system is completely secure. You may choose not to receive emails or text messages by unsubscribing. 

You acknowledge and agree that you are solely responsible for providing Dawn M. Aycock APRN-C accurate contact information, including your mobile device number and email address, where we may send communications containing PHI. Dawn M. Aycock APRN-C is not responsible for user errors and omissions. 

Disclaimer of Warranties 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DAWN M. AYCOCK APRN-C LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

DAWN M. AYCOCK APRN-C LLC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, LEGALLY COMPLIANT, UP-TO-DATE, RELIABLE OR CORRECT, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAWN M. AYCOCK APRN-C LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY PROVIDER OR ANY CONTENT OR COMMUNICATION OF A THIRD PARTY OR OTHER USER OF THIS SERVICE; (V) ANY SERVICES PROVIDED BY A PROVIDER OR ANY COMMUNICATIONS WITH A PROVIDER; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICE.IN NO EVENT WILL TRIPMENT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRIPMENT IN THE LAST SIX (6) MONTHS (IF AT ALL), OR, IF GREATER, ONE HUNDRED DOLLARS ($100). 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.