Terms of Service

These Terms of Service (“Terms“) are a legal agreement between you and BasiCare Plus. By accessing BasiCare Plus website and online services (the “Services”), you agree to, and are bound by, these Terms.

THESE TERMS CONTAIN PROVISIONS THAT LIMIT BasiCare Plus LIABILITY TO YOU AND, IF YOU ARE A U.S. RESIDENT, REQUIRE YOU TO RESOLVE ANY DISPUTE WITH BasiCare Plus THROUGH ARBITRATION, WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICES. 

1. About the Services

All pricing and quotes generated on the Services are based on information you provided on the Services. Quotes or pricing do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew service for any party. BasiCare Plus reserves the right to modify or rescind quotes, including if the application information you provide is incorrect or changes. The service descriptions provided on the programs are general descriptions of potentially available products and services and are not a statement of contract or an invitation to contract. In order to obtain Services, you must provide very basic contact, age and gender information about you and your household and then provide a payment solution.

2. Use of Services

Subject to your compliance with these Terms, BasiCare Plus grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services for your needs. As a user of the Services, you agree to the following:

1. Account Use. To make use of certain features of the Services, you are required to have an account. You agree to monitor your account, maintain the confidentiality of your password, and accept full responsibility for any unauthorized use of your account or password. You agree to (i) notify us immediately of any unauthorized use of your account or password or any other breach of security and (ii) exit from your account at the end of each session. BasiCare Plus is not responsible for third-party access to your account that results from theft or misappropriation of your account or password. We reserve the right to delete or change your account, or any username or password associated with your account, at any time and for any reason upon notice to you. 
2. Information Submitted. You are solely responsible for and assume all liability regarding the information and content you provide or make available through your use of the Services (“User Information”). You represent and warrant that your User Information is accurate, current, and complete, and does not and will not breach any agreement, violate any law or infringe any third party’s rights. You hereby grant to BasiCare Plus an irrevocable, perpetual, non-exclusive, fully-paid, nationwide license to use, reproduce, publicly perform, publicly display, distribute, prepare derivative works of, or incorporate into other works, such User Information (subject to BasiCare Plus’s Privacy Policy and the terms of any other agreement you have with BasiCare Plus), and you hereby represent and warrant that you have the right to agree to grant such license to BasiCare Plus. BasiCare Plus does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials. 
3. Illegal Use Prohibited. You will not use the Services for any illegal, disruptive, or abusive purpose, including to: (i) take any action that imposes an unreasonable load on the infrastructure, (ii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services, (iii) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services, (iv) delete or alter any material posted on the Services, (v) frame or link to any of the materials or information available on the Services, or (vi) transmit any material that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You will only use the Services in accordance with federal, state and local laws.
4. Prohibited Uses. You will only use the Services for a bona fide purpose. You may not use the Services to obtain information about or make decisions about anyone but yourself and/or your business.
5. Age. You must be eighteen (18) years of age or older and capable of entering into legally binding contracts under applicable law.

Your failure to comply with the provisions of this section may result in the termination of your account and/or your access to the Services and may expose you to civil and/or criminal liability. BasiCare Plus reserves the right to take any action it deems necessary to protect the safety, security, and integrity of the Services and its users.

3. Proprietary Rights

BasiCare Plus (or its licensors) and third-party providers are the owners of all rights in and to the Services, including all information, software, text, displays, images, audio, design, selection and arrangement thereof (“Content”). The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  

You expressly acknowledge and agree that other than User Information, BasiCare Plus and its affiliates, licensors and partners and their respective successors and assigns (collectively, “BasiCare Plus and Related Parties”) retain sole and exclusive ownership of all nationwide right, title and interest, including all copyrights, patent rights, trade secret rights, and other intellectual property and proprietary rights, in and to the Services and Consent. Other than a limited license to use the Services, you have and acquire no other right or license with respect to the Services or any portion or component thereof. Unless expressly authorized by applicable law or in writing by BasiCare Plus, you may not copy, reproduce, publicly perform or display, transmit, modify or otherwise create derivative works from, sell, distribute, or otherwise make unauthorized use of the Services or any portion or component thereof. BasiCare Plus and Related Parties reserve all rights not expressly granted herein. There are no implied rights or licenses granted to you under these Terms.

4. Data Privacy 

Please refer to BasiCare Plus’s Privacy Policy for information about how BasiCare Plus uses and discloses the personal information we collect about you. 

5. Linked Sites

The Services may contain links to websites of third parties that are not under the control of BasiCare Plus. BasiCare Plus is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. BasiCare Plus makes no warranties, either express or implied, concerning your use of or inability to use such sites, the suitability or legality of such sites, or that such site is devoid of viruses or other contamination.

6. General Disclaimer

Your use of the Services is at your own risk. Neither BasiCare Plus nor its affiliates or subsidiaries (together, the “BasiCare Plus Parties”) will be liable to you or anyone else for any harm to you or others resulting from the use of the Services.

7. No Representations or Warranties

BASICARE PLUS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. BasiCare Plus shall not be subject to liability for the truth, accuracy or completeness of the Services and Content or any other information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Services and Content at your own risk. BasiCare Plus does not warrant that the Services will operate error free or that the Services, their servers, or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Services and Content results in the need for servicing or replacing equipment or data, BasiCare Plus shall not be responsible for those costs.

THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. BASICARE PLUS HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. 

WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor.

8. Limitation of Liability

IN NO EVENT WILL THE BASICARE PLUS PARTIES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, EVEN IF BASICARE PLUS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

9. Release

You hereby release and forever discharge the BasiCare Plus Parties (and their respective officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services and Content. 

If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “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 or her settlement with the debtor or released party.”

10. Mandatory Arbitration; Waiver of Jury Trial and Class Actions; Limitation to File Claims

1. Mandatory Arbitration. Any controversy or claim arising out of or relating to these Terms or the breach, termination or validity thereof shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) and conducted by a panel of three (3) arbitrators in accordance with the AAA’s Commercial Arbitration Rules (“Rules”). The arbitration shall be governed by the Federal Arbitration Act, to the exclusion of state laws inconsistent therewith or that would produce a different result, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Except as may be required by law or to the extent necessary in connection with a judicial challenge, or enforcement of an award, neither a party nor any of the arbitrators may disclose the existence, content, record or results of an arbitration.

The arbitration will be subject to the following rules and procedures:

• Within thirty (30) days of the commencement of the arbitration, each party shall select one person to act as a party-appointed arbitrator, and the two party-appointed arbitrators shall select a third arbitrator within fifteen (15) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, each of them shall name a nominee and the decision shall be made by the drawing of lots by a disinterested person.
• Fourteen (14) calendar days before the hearing, the parties will exchange and provide to the arbitration panel (a) a list of witnesses they intend to call (including any experts) with a short description of the anticipated direct testimony of each witness and an estimate of the length thereof, and (b) pre-marked copies of all exhibits they intend to use at the hearing.
• The arbitration panel may award only monetary relief and is not empowered to award damages other than compensatory damages.
• Judgment may be entered upon the award of the arbitration panel in any court having jurisdiction thereof.
• Each party shall bear the expenses of its own arbitrator and shall bear jointly and equally with the other party the expense of the third arbitrator. The remaining costs of the arbitration proceedings shall be allocated by the arbitration panel. In the event of subsequent actions or proceedings to enforce any rights hereunder, the prevailing party shall be entitled to recover its reasonable attorney’s fees.
• Any arbitration proceedings shall take place in [Wooster, Ohio] or such other place as mutually agreed by the parties.

2. Waiver of Jury Trial and Class Actions. BY ENTERING INTO THESE TERMS, YOU AND BASICARE PLUS ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
3. Limitation to File Claims. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST BASICARE PLUS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR BE PERMANENTLY BARRED.

11. Indemnification

You agree to indemnify, defend and hold harmless BasiCare Plus, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Services, (ii) your violation of these Terms or your violation of any rights of a third-party, or (iii) your violation of any applicable laws, rules or regulations. BasiCare Plus reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BasiCare Plus in asserting any available defenses.

12. Consent to Electronic Communications 

Subject to BasiCare Plus’s other agreement(s) with you, if any, BasiCare Plus may use your email address to send you messages notifying you of important changes to the Services. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. 

Because BasiCare Plus operates on the Internet, it is necessary for you to consent to transact business with us electronically. We also need you to consent to giving you certain disclosures electronically, either via the Services or to the email address you provide to us. By agreeing to these Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Services.

13. Changes to these Terms

BasiCare Plus may, in its sole discretion, modify or replace any part of these Terms at any time. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. 

14. Term and Termination

BasiCare Plus may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may simply discontinue using the Services. BasiCare Plus can terminate these Terms immediately as part of a general shut down of our business or other lawful reason. Sections 6, 7, 8, 9, 10, 11, and 12 of these Terms and any of the licenses granted by you to us in these Terms will survive the termination of this Terms.

15. General Provisions

1. Controlling Law and Jurisdiction; Injunctive Relief. These Terms shall be governed by the laws of Ohio, without regard to conflict of law principles. You acknowledge and agree that any violation of these Terms may cause BasiCare Plus irreparable harm, and therefore agree that BasiCare Plus will be entitled to seek extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that BasiCare Plus may have for a breach of these Terms. 
2. Miscellaneous. These Terms constitute the entire agreement between you and BasiCare Plus regarding the use of the Services, superseding any prior agreements between you and BasiCare Plus related to your use of this Services (including, but not limited to, any prior versions of these Terms). The failure of BasiCare Plus to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.