EmptyChair Terms of Use
Last Modified: [April 30, 2024]
Welcome to EmptyChair! We hope that you find this platform useful for finding affordable providers to keep you and your loved ones (including pets!) healthy. But first, you must read and understand these Terms of Use, and agree to them before using EmptyChair. Your affirmative act of using the Site constitutes Your agreement to these terms and your electronic signature of this Agreement, which includes our Privacy Policy.
The terms and conditions set forth below, together with any documents or policies they expressly incorporate by reference (collectively, the “Terms of Use”) constitute an agreement between You (“You” or the “User”) and EmptyChair, LLC and its affiliates (“We” or “EmptyChair”), the operator of www.emptychair.biz, the associated mobile application(s), and all associated services (collectively, the “Site”). These Terms of Use govern Your access to and use the Site. By using the Site or by clicking to agree to these Terms of Use, You accept and agree to be bound by and abide by these Terms of Use. If You do not agree, You must not access the Site.
Note: EmptyChair is NOT a healthcare provider and does not provide clinical or other healthcare advice. Rather, EmptyChair provides a non-clinical platform to connect users with various types of non-emergent service providers. If You are experiencing a medical emergency, immediately call 9-1-1 or a healthcare professional.
We May Change the Site or Terms of Use.
We utilize the Site to operate Our business and provide services to You. We anticipate that the Site will include a service to connect You with providers of various types of professional services (“Professional Services”) who may offer You a more affordable experience than You would be able to find in Your community without the assistance of the Site. As Our business evolves, EmptyChair has no obligation to update the Site, but We may in Our discretion add to, remove from, discontinue, and/or suspend the Site or parts thereof from time to time. EmptyChair shall not be liable for any such changes or lack thereof to the Site or any of the services available through the Site, and any new services or elements of the Site will be governed by these Terms of Use.
Similarly, We may revise and update these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them. Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page as necessary to ensure You are aware of any changes, as they are binding on You. Further, additional terms and conditions may apply to specific portions of the Site or Services, and any such additional terms and conditions are hereby incorporated by reference into these Terms of Use.
Accessing the Site/Services and Account Security.
The Site is offered and available only to users who are 18 years of age or older, and who reside in the United States. We have the right to suspend or discontinue Your use of the Site at any time in Our sole discretion for any reasons, including if We believe You have violated any part of these Terms of Use.
While using the Site, You may be asked to provide certain information. It is a condition of Your use of the Site that all the information You provide is correct, current, and complete. You agree that all information to provide in connection with the Site is governed by Our Privacy Policy at [insert link to privacy policy], and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy. If You register an account with the Site, it is Your responsibility to protect the privacy of Your credentials. You agree to notify Us immediately of any unauthorized access to or use of any account You have in connection with the Site, or any other breach of security. You should use particular caution when accessing the Site from a public or shared computer so that others are not able to view or record Your personal information. You also agree to ensure that all persons who access the Site through Your internet connection or device are aware of these Terms of Use and comply with them.
If You connect to the Site through a third-party service, You give Us permission to access and use Your information from such third party service as permitted by such third party service, and to store Your credentials for such third party service. You are ultimately in control of how much information is accessible to Us and may exercise such control by adjusting Your privacy settings on such third-party service. EmptyChair has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.
While utilizing the Site, You may encounter links to websites other than EmptyChair’s Site. If You click such links, You do so as Your own risk. EmptyChair provides them for convenience only, and does not endorse them in any way.
EmptyChair is Not a Healthcare Provider or Provider of Professional Services; Does Not Provide Medical Advice; and Does Not Endorse Any Particular Provider.
EmptyChair is not a healthcare provider, pharmacist, dentist, imaging professional, behavioral health provider, veterinarian, or otherwise a provider of professional services that requires a professional or practitioner license or certification (“Provider”). Any information You obtain from the Site is for informational, scheduling and payment purposes only. EmptyChair does not provide medical advice or recommendations on what services may be suitable for You to receive from a Provider; the types of professional services available to schedule through the Site may not be suitable for You and scheduling options are provided solely based on the information you provide regarding the types of services requested.
Any Provider with whom You schedule or encounter via the Site is not employed by, controlled by, or affiliated with EmptyChair. We have no control over any Providers, including their competence, how they operate their practice, or how they provide services. The judgment, actions, and omissions of any such Providers are completely independent of EmptyChair, and EmptyChair shall not be liable for the judgment, actions, or omissions of any Provider. If You have a dispute with a Provider, You release EmptyChair, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature arising out of or in any way related to the Site or the Services.
The Site will use information You provide to present You with available scheduling options with Providers for the type of services You request in the geographic area You request it in, based on availability information provided by such Providers (which EmptyChair cannot guarantee that accuracy of). However, EmptyChair does not refer, recommend, or endorse any particular Provider. Providers do not pay any fee or remuneration to EmptyChair for scheduling patients – all fees retained by EmptyChair are paid directly by the User to maximize transparency and to eliminate financial incentive to prioritize any particular Provider based on anything other than the logistical information You provide and Professional Services You request.
If You decide to schedule or select a Provider via the Site, You do so at Your own risk. We suggest You do Your own research to vet Providers’ capabilities and skills (which may include researching the Providers’ offices and public reviews, as well as applicable licensing boards and professional associations), and make an informed decision for Yourself as to whether a particular Provider is right for You. If You utilize the Services and schedule a Provider with whom You determine You do not wish to see, You should cancel, and can do so promptly at no cost. Moreover, there may be many Providers in Your area who do not participate in EmptyChair; EmptyChair does not include an exhaustive list of all Provider and all scheduling options that may be available to fit Your needs. You are ultimately responsible for choosing Your Provider who is right for You and Your needs.
EmptyChair is Not Insurance
EmptyChair is not an insurer. Moreover, We do not work with or communicate with Your health insurance company, dental insurance company, pet insurance company, or any other insurance company. Rather, EmptyChair provides a Site to connect You with Providers who may offer Professional Services at more affordable rates than You might be able find on Your own as a cash-pay consumer or otherwise.
Payment.
The Site may allow You to schedule and pay for Professional Services with a Provider through the Site, in which case EmptyChair shall remit Your payment to the Provider minus transaction costs and any fee retained by EmptyChair to operate the Site. Any payment You submit in connection with the Services to schedule a Provider will cover only the Professional Services explicitly included in such payment. Please carefully review the price information and description of Professional Services included before submitting payment through the Site. If You receive any services from the Provider beyond those explicitly included in Your payment through the Site, EmptyChair is not liable for any additional fees charged to You by Provider for such additional services.
If You make a payment through the Site, You acknowledge and agree that:
· A transaction processing fee may apply, as well as any fees charged and retained by EmptyChair to run the Site and operate its business
· EmptyChair may process Your payment in collaboration with Our payment processing partner, in which case You may be required to accept the terms and policies of such payment processing partner, and We are not responsible for any errors of the payment processor
· It is Your responsibility to provide accurate and complete billing information
· It is Your responsibility to promptly review all charges processed to You and immediately notify EmptyChair if You have any questions or concerns
· If You dispute whether and how the Professional Services were provided that You paid for through the Site, You will resolve such dispute directly with the Provider with whom You scheduled Your Professional Service
·
If You use a financing option to make the payment, any such financing terms shall be independent of these Terms of Use, and We are not liable for any non-payment, late fees, interest, collections penalties, any other penalties, or any failure by You to abide by any such terms, for any reason
How We Collect and Use Information About You
All information We collect on this Site is subject to Our Privacy Policy, which can be found at [LINK TO PRIVACY POLICY]. By using the Site, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy.
Phone and Text Communications
By voluntarily providing Your phone number to Us via the Site or otherwise, You expressly agree that EmptyChair may contact You by telephone, text message, SMS, or MMS messages for information purposes, which may include without limitation appointment confirmations, appointment reminders, surveys, and requests for feedback. Message frequency varies. Message and data rates may apply. You may reply STOP to cease such communications.
If You opt in to marketing communications, You opt in to receiving recurring automated marketing calls or text messages from EmptyChair, and You expressly agree to receive messages concerning the marketing and sale of Our services, promotions, offers, or other promotional communications. You understand that Your consent for marketing communications is not required to use the Site or access its services. Message frequency varies. Message and data rates may apply. You may reply STOP to cease such communications.
You may adjust Your notification settings or opt out of receiving certain communications at any time, either by adjusting Your account settings on the Site or by replying STOP to any such text message.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Us, may harm EmptyChair or users of the Site, or expose them to liability.
Additionally, You agree not to improperly access or interfere with the Site, including without limitation refraining from the following:
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
· Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent;
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site, attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
· Otherwise attempt to interfere with the proper working of the Site.
User Contributions
The Site may allow You to post or upload non-clinical photos, non-clinical records, personal data, reviews, opinions, or other interactive features content or materials (collectively, "User Contributions") on or through the Site. Any User Contribution You post or otherwise transmit to the Site will be considered non-confidential and non-proprietary, and must comply with the Content Standards in the following section of these Terms of Use. By providing any User Contribution on the Site, You grant Us the right to use, reproduce, modify, display, distribute, and otherwise disclose to third parties any such material for any purpose reasonably necessary to run the Site or otherwise provide services pursuant to the Site.
You represent and warrant that You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us, and that all of Your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not EmptyChair, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Site.
We have the right, in Our sole discretion, to do any of the following: remove or refuse any User Contributions for any or no reason in Our sole discretion; take appropriate legal action or refer to law enforcement any illegal or unauthorized use of the Site; fully cooperate with any law enforcement authorities or court order requesting or directing to use to disclose the identity or information associated with any User Contributions; or terminate or suspend You access to all or part of the Site.
However, We cannot review all material before it is posted on the site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. You waive and hold harmless EmptyChair from any claims resulting from any action or losses resulting directly or indirectly from any User Contributions.
Content Standards
These content standards apply to any and all User Contributions and use of interactive services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and Our Privacy Policy; or
· Include any personal health information, as defined by HIPAA.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, marketers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EmptyChair, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EmptyChair. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Similarly, if the Site contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
Linking to the Site and Social Media Features
You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent.
Intellectual Property Rights
The Site, and all of the services, contents, features, and functionality thereto (including but not limited to the business model, and all information, software, text, displays, images, design, selection, and arrangement thereof) are owned by EmptyChair and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge that the Site and any related information is proprietary information.
These Terms of Use permit You to use the Site for Your personal, non-commercial use only. You may print, download, and store information from the Site for Your own convenience, but You may not copy, distribute, republish, sell, or use anything from the Site for any commercial gain or purpose.
If You print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, Your right to use the Site will stop immediately and You must return or destroy any copies of the materials You have made. No right, title, or interest in or to the Site or any content on the Site is transferred to You, and all rights not expressly granted are reserved by EmptyChair. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. EmptyChair reserves all rights available at law or in equity to protect its intellectual property and its platform/business model it has worked hard to create to benefit consumers.
Trademarks
EmptyChair’s company naming conventions, including the term “EmptyChair”, “emptychair.biz”, and all related names, logos, product and service names, designs, and slogans are trademarks of EmptyChair. You must not use such marks without the prior written permission of EmptyChair. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Disclaimer of Warranties
We have no control over or responsibility regarding (i) what Users access the Site and how they use it, (ii) how You use the Site and how it impacts You, and (iii) what actions You take as a result of accessing and/or using the Site, including what Professional Services You decide to have performed. You release Us from all liability for Your use or inability to use the Site, ACCESS ANY Professional Services, or receive Professional Services in a satisfactory manner.
NEITHER EMPTYCHAIR NOR ANYONE ASSOCIATED WITH EMPTYCHAIR REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, ITS RECOMMENDATIONS, OR ANY PROFESSIONAL SERVICES OR OTHER SERVICES/ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, COMPETENT, APPROPRIATE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, EMPTYCHAIR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EMPTYCHAIR AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, THE “EMPTYCHAIR PARTIES”) TO YOU OR ANY RELATED PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO EMPTYCHAIR IN THE LAST 12 MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, EMPTYCHAIR PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM YOUR ACCESS TO OR INTERACTIONS WITH ANY PROVIDERS FOR PROFESSIONAL SERVICES (OR IF SUCH DAMAGE EXCLUSIONS ARE LIMITED BY APPLICABLE STATE LAW, THEN SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) .
Indemnification
You agree to defend, indemnify, and hold harmless EmptyChair, its affiliates, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Site, including, but not limited to, Your use of the Site’s services and any Professional Services You schedule with Providers and receive as a result, Your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms of Use, or Your use of any information obtained from the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade, although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Arbitration; Waiver of Jury Trial; Waiver of Class or Consolidated Actions
At EmptyChair’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law. YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. ALL CLAIMS AND DISPUTES RELATED TO THE SITE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS; CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by EmptyChair of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EmptyChair to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, Our Privacy Policy, and any written terms elsewhere on the Site constitute the sole and entire agreement between You and EmptyChair regarding the Site and supersede all prior understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Your Comments and Concerns
This Site is operated by EmptyChair. Any feedback, comments, requests for technical support, and other communications relating to the Site should be directed to info@emptychair.biz.