Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their credentials. Please let us know immediately if you suspect that your credentials have been compromised.

Protected Health Information. In using our Services, you may also provide certain health or medical information that may be protected under applicable laws. Cara Cares is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments (collectively, "HIPAA"). It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved. In the event you ask us to share your health or medical information with other individuals or entities, such information may become protected under HIPAA. Please refer to such individual’s or entity’s HIPAA-policies for additional information as to how those parties may use or disclose your information. In the event Cara Cares is deemed a "business associate" under HIPAA, and solely in its role as a business associate, Cara Cares may be subject to certain provisions of HIPAA with respect to "protected health information," as defined under HIPAA (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, "Protected Information”), will be used and disclosed only in accordance with such applicable laws. Any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Cara Cares and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Cara Cares’ express prior written consent.

Cara Cares, the Cara Cares logo, and all other related names and logos are trademarks or registered trademarks of Cara Cares. All other names and logos on the Services are trademarks or registered trademarks of their respective owners, where applicable. Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship, or endorsement by any owners of such third party-owned trademarks.

You acknowledge and agree that any submission, feedback, comments, or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use of a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms. Submissions that constitute feedback, comments, or suggestions (collectively, “Feedback”) will be the sole and exclusive property of Cara Cares, and you hereby irrevocably assign to us all of your right, title, and interest in and to all such Feedback, and Cara Cares shall have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Feedback in any manner it chooses. With respect to all other Submissions, you hereby grant Cara Cares an irrevocable, worldwide, and perpetual license to use such Submissions as contemplated in these Terms.

You may not create, post, store, or share any Submissions that violate these Terms (including, without limitation, the restrictions set forth in Section 4 below) or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submissions, and our use of such content as permitted by these Terms, will not violate any rights of, or cause injury to, any person or entity. Although we have no obligation to screen, edit, or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.

The Services are for your personal use only. In connection with your use of the Services, you agree that you will not:

• post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive (as determined in our sole discretion); (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;

• violate any local, state, provincial, national, or other law or regulation, or any order of a court;

• infringe, misappropriate, or violate Cara Cares’ or any third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;

• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;

• “scrape,” “crawl,” or “spider” any web pages or other services contained in the Services;

• display, mirror or frame the Services, or any individual element within the Services, Cara Cares’ name, any Cara Cares trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Cara Cares’ express written consent;

• access, tamper with, or use non-public areas of the Services, Cara Cares’ computer systems, or the technical delivery systems of Cara Cares’ providers;

• attempt to probe, scan, or test the vulnerability of any Cara Cares system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cara Cares or any of Cara Cares’ providers or any other third party (including another user) to protect the Services or any of the content on the Services;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

• use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

Cara Cares reserves the right, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

You agree to pay the fees for the Services and any applicable taxes. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of the fees (including any applicable taxes and fees).

Cara Cares offers Memberships, which are implemented through offline processes. You will be presented with the Membership options, the amount of the associated fees, and whether the Membership is recurring prior to processing the transaction.

All fees are payable in US Dollars and are non-cancelable and nonrefundable.

Our fees for our Services, including Memberships, are subject to change. If we change our rates, we will provide notice to you.

Cara Cares uses third parties not affiliated with us to schedule appointments, host our patient portal, and process payments. Our relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to Cara Cares, and they are not subject to our direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers, or the like. You agree that the third-party providers are solely responsible for controlling, handling, and processing information processed through its systems. You may be subject to additional terms of use and/or privacy policies of the third-party providers when you use our Services and interact with their platforms.

From time to time, we may offer a free initial consultation or introductory pricing for the Services. These offers are available to you only if you have not previously been a user of our Services. If you respond to an offer for a free initial consultation or introductory pricing offer but do not qualify, we reserve the right to reject your request.

You agree to keep your account information current at all times.

We do not permit copyright infringing activities or infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

• description of the copyrighted work that you claim has been infringed;

• description of the material that you claim is infringing and where it is located on the Services;

• identification of the URL or other specific location on the Services where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at Channing@PainCareConcierge.com with “DMCA Notice” in the subject line.

Upon receipt of such notice, we will investigate and remove the material if necessary. You will be notified of the results of such investigation.

The Services may contain links to other independent, third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Cara Cares’ control, and Cara Cares is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Linked websites may have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit the websites.

We operate social media pages on third-party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

You agree to indemnify and hold Cara Cares, its affiliates, and all of their respective officers, directors, shareholders, owners, employees, agents, attorneys, licensors, representatives, licensees, contractors, and suppliers (collectively, the "Cara Cares Parties"), harmless from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any of the Cara Cares Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of our Services, or your conduct or activities in connection with the Services, including without limitation, any liability or damage that directly or indirectly may derive from your use of the Services, (b) your Submissions or Feedback; (c) your violation or alleged violation of these Terms or the Additional Terms; (d) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes, or ordinances of any governmental or quasi-governmental authorities in connection with your use of our Services or your conduct in connection with our Services; (e) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (f) any misrepresentation made by you. You agree to promptly notify the Cara Cares Parties of any third-party Claims, cooperate with the applicable Cara Cares Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the Cara Cares Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant Cara Cares Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Cara Cares or the other Cara Cares Parties.

THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

CARA CARES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. WHILE WE STRIVE TO ENSURE ALL CONTENT AND INFORMATION ON THE SERVICES IS CORRECT, WE DO NOT GUARANTEE THAT SUCH CONTENT AND INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE CARA CARES ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, CARA CARES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE CARA CARES PARTIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD CARA CARES RESPONSIBLE FOR ANY BREACH OF SECURITY.

MEDICAL ADVICE DISCLAIMER: ANY CONTENT ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITE IS INTENDED TO TAKE THE PLACE OF A CONSULTATION WITH A PHYSICIAN, DIETICIAN, NUTRITIONIST, COUNSELOR, DOCTOR, OR MEDICAL PROFESSIONAL OF ANY KIND. THE INFORMATION CONTAINED ON THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL, PERSONAL ADVICE, NOR IS ANYTHING CONTAINED ON THE SITE DESIGNED TO PROVIDE YOU WITH A MEDICAL DIAGNOSIS, TREATMENT, OR OTHER MEDICAL SERVICES.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, WILL THE CARA CARES PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THE CARA CARES PARTY(IES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ANY OF THE CARA CARES PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS OR YOUR USE OF THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE CARA CARES PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AGGREGATE AMOUNT YOU HAVE PAID, IF ANY, TO USE OUR SERVICES IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100 IF YOU HAVE NOT PAID ANY FEES FOR SERVICES.

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

You agree that Cara Cares may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will cause irreparable harm to Cara Cares for which monetary damages would be inadequate, and you consent to Cara Cares obtaining any injunctive or equitable relief that Cara Cares deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cara Cares may have at law or in equity.

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida excluding its conflicts of law principles.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. The parties agree that in the event of any and all dispute, claim, suit, or controversy arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), the Dispute shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions, or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Location. The location of the arbitration shall be in West Palm Beach, Florida.

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in West Palm Beach, Florida, for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

If you opt-in to receive text messages on your mobile device, we may use your mobile number to send you service-related announcements, such as appointment confirmations and reminders, and you may communicate with us, including with respect to your patient care. Participation in mobile messaging is optional and not a condition of care. The frequency and number of messages you will receive will vary. Message and data rates may apply. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Text Messaging Opt-Out: You can cancel the SMS service at any time by replying “STOP” to the text message you received from us or by texting “STOP” to the number 36331. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. In some cases, you may continue to receive service-related notifications. If at any time you need assistance, please email Channing@PainCareConcierge.com

When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you via SMS, email, or through the Services. 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 may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms, together with our Privacy Policy and any other legal notices published by Cara Cares, constitute the entire agreement between you and Cara Cares with regard to your use of the Services. No text or information set forth on any other purchase order, preprinted form, or document shall add to or vary the terms and conditions of these Terms.

Cara Cares’ failure to insist on or enforce strict performance of these Terms shall not be deemed a waiver by Cara Cares of any provision or any right it has to enforce these Terms. Any such waiver must be in writing in order to be effective. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

No joint venture, partnership, employment, or agency relationship exists between Customer and Cara Cares as a result of this Agreement or use of the Services.

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Cara Cares may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of Cara Cares or to another third party in the event that some or all of the business of Cara Cares is transferred to such other third party by way of merger, sale of its assets, or otherwise.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Please contact us at Channing@PainCareConcierge.com if you have any questions about these Terms.