These Terms and Conditions were last revised on December 13, 2019. In that provision, the following substantive changes were made: the dispute-resolution terms changed.
“LogistiCare” means LogistiCare Solutions, LLC. All references hereafter to “LogistiCare” include its parent, Providence Service Corporation, and all of LogistiCare’s subsidiaries and divisions, including Circulation and Provado Mobile Health, unless expressly stated otherwise.
The following terms and conditions ("Terms and Conditions") apply to your visit to and your use of the website(s) located at logisticare.com, circulation.com (but not the Circulation Platform, which is accessed at app.Circulation.com), PRSCholdings.com, and provadocarepro.com (collectively, the “Site”), which include but are not limited to memberinfo.logisticare.com, member.logisticare.com, facilityinfo.logisticare.com, tripcare.logisticare.com, transportationco.logisticare.com, and client.logisticare.com, and the websites established by LogistiCare for serving its clients (e.g., Medicaid and Medicare agencies), any online chat functionality on the Site, and in connection with the LogistiCare Trip Manager® Mobile application, the Provado Mobile Health driver application, and any other applications offered by LogistiCare (the “Applications”) but not any applications offered by Circulation. (Hereafter, for economy’s sake, all references to the Site include the Applications unless stated otherwise.)
The following terms and conditions also apply to all works of authorship, information content, functional components, and material appearing on or contained in the Site or the Applications (the “Content”)
The Content is furnished to you for your personal use of LogistiCare’s processes for the arrangement and coordination of non-emergency medical transportation (the “Services”). Non-emergency medical transportation (NEMT) is a benefit provided under certain government programs and offered by some insurance plans, managed care organizations and hospital systems. By requesting or otherwise participating in the Services through the Site and/or the Applications, you certify that the information you provide to LogistiCare is current, accurate and complete. You further certify that your request for, or other participation in, the Services is permitted under the terms of the NEMT benefit provided by the relevant program or plan, and is not fraudulent, wasteful, or abusive.
Please read these Terms and Conditions carefully before continuing on the Site and/or downloading the Applications. By accessing, viewing, or using the Content available on or through the Site and/or the Applications, you, individually and on behalf of any person, organization, entity, or employer for which you are acting, acknowledge that you have read and understand these Terms and Conditions, agree to them, and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use the Site or the Applications and must exit the Site immediately and refrain from using the Applications.
LogistiCare may change these Terms and Conditions at any time. Notice of any change to the location of these Terms and Conditions, and of changes to these Terms and Conditions, will be posted on the Site, at the top of this page, for at least 60 days after the change. It is the obligation of users returning to the Site to learn of changes to the Terms and Conditions since their last visit. Regardless, by continuing to access or use the Site (which includes the Applications) after a change in these Terms and Conditions, you agree to be bound by it as amended.
The Content is protected by law, including but not limited to United States copyright law. Except as explicitly stated on the Site or the Applications, the entirety of the Content (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, source code and look and feel attributes) are LogistiCare’s proprietary, copyrighted works, all rights reserved. LogistiCare also owns copyrights in the Site and the Applications as collective works and compilations, and in the selection, coordination, arrangement, organization, and enhancement of the Content.
Removing or altering any copyright notice or any other proprietary notice on any Content is strictly prohibited. Any commercial use of any Content, in whole or in part, without the prior written consent of LogistiCare, is prohibited. Other actions that are prohibited without LogistiCare’s prior, written consent include reproducing, distributing, performing, displaying, preparing derivative works based upon, framing, capturing, harvesting, or collecting of, or creating of hypertext or other links or connections to, any Content or any of LogistiCare’s other proprietary information.
Nevertheless, you may reproduce the Content incidentally to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and as enabled by features of the Site (if any) that enable sharing via email, social media, linking, and other platforms expressly enabled by the Site. With respect to the Applications, you may download a single copy to each of your mobile devices solely for your personal use.
Subject to your compliance with these Terms and Conditions, LogistiCare grants you a limited, non-exclusive, non-transferable license to view, download and print a copy of the Content on any single computer or other device, for purposes of learning about, evaluating, or using LogistiCare's or its subcontractors’ Services. You have no right to sublicense or otherwise assign the rights granted by this section.
The trade names, trademarks, service marks, symbols, slogans, and logos appearing on the Site and in the Applications (the "Marks") are the intellectual property of LogistiCare or, as applicable, third parties. Any use by LogistiCare of the Marks of a third party is either by license or fair use. Use of the Marks without LogistiCare’s or the respective Mark owner’s prior written consent is prohibited. You may not reproduce or use any LogistiCare logo mark without the express written permission of LogistiCare; using logos is not necessary to refer to LogistiCare without its permission.
You agree that you will not use the Site or the Applications in any unlawful manner or in a manner that promotes or encourages illegal activity, including without limitation infringement of intellectual-property rights or fraud. You further agree that when using the Site or the Applications, you will not attempt to gain unauthorized access to any networks, servers or computer systems connected to the Site or the Applications (except where expressly permitted to do so), and you will not modify, adapt, translate or reverse engineer any part of the Site or the Applications except to the extent permitted by these Terms and Conditions and applicable law.
These terms and conditions apply to Applications updates and upgrades. You agree we may automatically update or upgrade the Applications. We may require that you update or upgrade the version of the Applications you are using, such as if we deem doing so necessary or appropriate.
Parties other than LogistiCare may provide products or services on the Site and in the Applications. LogistiCare expressly disclaims any and all responsibility for the quality of products or services provided by or advertised by these third parties.
Additionally, the Site and the Applications may, from time to time, contain links to other websites for the convenience of users in locating information, products, or services that may be of interest. These websites are maintained by organizations over which LogistiCare exercises no control, and LogistiCare expressly disclaims any and all responsibility for the content and accuracy of any information, or the quality of products or services provided by or advertised on these third-party websites.
The Content is provided for informational purposes only. The Content should not be construed as or understood to be medical or transportation advice or recommendations. None of the Content should be used to diagnose or treat any health issue, problem, or condition. The Content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in the Content or because of any advice or things you encounter in receiving services from LogistiCare or its contractors. If you think you may have a medical emergency, call your doctor or 911 immediately.
The Site, the Applications and the Content do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site and the Applications may contain information and press releases about LogistiCare, and although this information was believed to be accurate as of the date it was prepared, LogistiCare disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed by LogistiCare.
LogistiCare welcomes your comments, feedback and suggestions about how to improve our Services, the services provided by LogistiCare’s subcontractors, the Site and the Applications. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to LogistiCare, you automatically grant LogistiCare the royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. Further, LogistiCare is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submissions you send to us through the Site or the Applications for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.
As an alternative to communicating with LogistiCare electronically, you may contact LogistiCare by regular mail at 1275 Peachtree Street, 6th Floor, Atlanta, GA 30309, by telephone at (404) 888-5800 or (800) 486-7647, and by facsimile at (404) 888-5999.
LogistiCare’s Privacy Statement, which describes LogistiCare's online information gathering, security and dissemination practices with respect to the Site and the Applications, is incorporated into these Terms and Conditions by reference, as if set forth fully herein. Click here to view the Privacy Statement. In the event of conflict between the Privacy Statement and these Terms and conditions, the Privacy Statement controls.
THE SITE, THE APPLICATIONS, THE CONTENT ON AND IN AND MADE AVAILABLE THROUGH THE SITE OR THE APPLICATIONS, AND THE SERVICES AND INFORMATION OFFERED IN CONNECTION WITH THE SITE AND THE APPLICATIONS, ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE AND THE APPLICATIONS IS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS.
WITHOUT LIMITING ANYTHING IN THESE TERMS AND CONDITIONS OR OTHERWISE, LOGISTICARE AND ITS SUB-CONTRACTORS WILL NOT BE LIABLE FOR ANY LOSS RESULTING FROM FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES OR OTHER LABOR DISPUTES, WARS OR GOVERNMENTAL RESTRICTIONS.
LOGISTICARE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE APPLICATIONS, THE CONTENT ON AND IN AND MADE AVAILABLE THROUGH THE SITE OR THE APPLICATIONS, AND THE SERVICES AND INFORMATION OFFERED IN CONNECTION WITH THE SITE AND THE APPLICATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL CONTENT ON AND IN AND MADE AVAILABLE THROUGH THE SITE AND/OR THE APPLICATIONS.
LOGISTICARE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE APPLICATIONS, THE CONTENT ON AND IN AND MADE AVAILABLE THROUGH THE SITE OR THE APPLICATIONS, OR THE SERVICES AND INFORMATION OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF LOGISTICARE TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON OR ARISING FROM THE SITE, THE APPLICATIONS, THE CONTENT ON AND IN AND MADE AVAILABLE THROUGH THE SITE OR THE APPLICATIONS, OR THE SERVICES AND INFORMATION OFFERED IN CONNECTION THEREWITH EXCEED THE GREATER OF $1000 OR PRICE PAID BY YOU FOR USE OF THE SITE OR APPLICATIONS.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”
LogistiCare endeavors to keep the Site, the Applications, and the Content up to date. Without limiting anything else in these Terms and Conditions or otherwise, LogistiCare is not responsible for any errors or omissions on the Site, or in the Applications or the Content. LogistiCare may make changes to the Site, the Applications or the Content, or to the information or Services made available in connection with the Site or the Applications, at any time with or without notice, and LogistiCare makes no commitment to update the Content. LogistiCare reserves the right to terminate your access to the Site and/or the Applications in the event that you violate these Terms and Conditions or any reason whatsoever, or for no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
You agree to indemnify and defend LogistiCare and its directors, officers, employees, agents, partners, affiliates, successors, assigns, and contractors (“LogistiCare Indemnitees”) against all actions, suits, and other proceedings of third parties arising out of or incurred in connection with your use of the Site or the Applications, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions (“Third-Party Claims”). You agree to indemnify and hold LogistiCare Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including without limitation, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Third-Party Claims. You will have the right to control the defense and settlement of any Third-Party Claims for which you are obligated to defend, but the LogistiCare Indemnitees will have the right to participate in such Third-Party Claims at their own cost and expense. You may not settle any Claim without LogistiCare’s prior consent, which consent will not be unreasonably withheld. Your liability under this section will be reduced to the extent that you are actually prejudiced by the LogistiCare Indemnitees’ failure to give notice within a reasonable time after the LogistiCare Indemnitees learn of such Third-Party Claims.
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and LogistiCare with respect to the subject matter thereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware without reference to its conflict of law rules. By accessing, viewing, or using the Site, the Applications or the Content, you consent to the jurisdiction of the federal and state courts presiding in Atlanta, Georgia, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Site and the Applications are controlled and operated by LogistiCare from its offices within the United States. LogistiCare makes no representation that the Site, the Applications, or the Content is appropriate or available for use in any particular location or territory, and access to the Site, the Applications, or the Content from locations or territories where it is illegal is prohibited.
Any dispute, claim, cause of action, complaint, lawsuit, equity pleading, demand, or controversy arising out of or relating to these Terms and Conditions (which includes the Privacy Statement) or its subject matter or the use of the Site, the Content, or the Applications (collectively, “Disputes”) will be resolved by binding arbitration, which means such ARBITRATION IS MANDATORY, except each party retains the right to bring an individual action in small claims court for Disputes within the scope of that court’s jurisdiction and the right to seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks or service marks, trade secrets, patents, or other intellectual property rights. YOU AND LOGISTICARE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS REPRESENTATIVE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and LogistiCare otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” is void.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and, when applicable, the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Dispute Resolution section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides forms for demanding arbitration at www.adr.org/forms.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of the arbitration and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and LogistiCare otherwise agree, the arbitration will be conducted in the city of Atlanta, Georgia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and LogistiCare submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you are a consumer, and if you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses but only to the extent provided under applicable law. If you are a consumer, LogistiCare will not seek in arbitration, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses in arbitration if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.
LogistiCare’s waiver or failure to exercise in any respect any rights provided in these Terms and Conditions will not be deemed a waiver of such rights in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and do not affect the interpretation of these Terms and Conditions or the Privacy Statement.
LogistiCare may assign these Terms and Conditions to any acquirer of substantially all of its assets, a successor by merger, a direct or indirect parent company, or any other company under common control with LogistiCare.
LogistiCare Solutions, LLC complies with applicable Federal civil rights laws and does not discriminate based on race, color, national origin, age, disability, or sex. LogistiCare does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
LogistiCare provides free language interpreter services to people whose primary language is not English. If you need these services, please visit our Nondiscrimination/Language Access page.