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Terms & Conditions

 

These Terms and Conditions were last revised on January 6, 2021. In that provision, the following substantive changes were made: we updated our company name and our company subsidiaries and divisions to which these Terms and Conditions apply. 

“ModivCare” means ModivCare Solutions, LLC. All references hereafter to “ModivCare” include its parent, ModivCare, Inc., and all of ModivCare’s subsidiaries and divisions.

The following terms and conditions ("Terms and Conditions") apply to your visit to and your use of the website(s) and associated subdomains established by ModivCare (collectively, the “Site”), including the websites established by ModivCare for serving its clients (e.g., Medicaid and Medicare agencies), any online chat functionality on the Site, and any other applications offered by ModivCare (the “Applications”). (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 ModivCare’s processes for the arrangement and coordination of non-emergency medical transportation and other tech-enabled, value-based healthcare services (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 ModivCare 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.

ModivCare 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.

 

Proprietary Rights

 

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 ModivCare’s proprietary, copyrighted works, all rights reserved. ModivCare 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 ModivCare, is prohibited. Other actions that are prohibited without ModivCare’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 ModivCare’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, ModivCare 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 ModivCare’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 ModivCare or, as applicable, third parties. Any use by ModivCare of the Marks of a third party is either by license or fair use. Use of the Marks without ModivCare’s or the respective Mark owner’s prior written consent is prohibited. You may not reproduce or use any ModivCare logo mark without the express written permission of ModivCare; using logos is not necessary to refer to ModivCare 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.

 

Updating the Applications

 

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.

 

Third-Party Products and Services

 

Parties other than ModivCare may provide products or services on the Site and in the Applications. ModivCare 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 ModivCare exercises no control, and ModivCare 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.


Informational Purposes Only

 

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 ModivCare or its contractors. If you think you may have a medical emergency, call your doctor or 911 immediately.

 

Securities Information

 

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 ModivCare, and although this information was believed to be accurate as of the date it was prepared, ModivCare 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 ModivCare.

 

Communications with ModivCare through the Site or the Applications

 

ModivCare welcomes your comments, feedback and suggestions about how to improve our Services, the services provided by ModivCare’s subcontractors, the Site and the Applications. By transmitting any suggestions, information, data, material, or other content (collectively, “Submissions”) to ModivCare, you automatically grant ModivCare 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, ModivCare 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 ModivCare electronically, you may contact ModivCare 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.

 

Privacy Notice

 

ModivCare’s Privacy Notice, which describes ModivCare's practices for processing Personal Information through our websites and related applications, is available to view here.

 

Disclaimer of Warranty and Liability

 

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, MODIVCARE 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.

MODIVCARE 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.

THOUGH A PHYSICIAN OR OTHER HEALTH PROVIDER, OR ITS RESPECTIVE AFFILIATES, FACILITIES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “HEALTH PROVIDER”) MAY ASSIST YOU IN BOOKING A RIDE, NO HEALTH PROVIDER IS A PARTY TO THIS AGREEMENT.

TO THE EXTENT PERMITTED BY LAW: NO HEALTH PROVIDER MAKES ANY REPRESENTATIONS, WARRANTIES OR ASSUMES ANY LIABILITY UNDER THIS AGREEMENT, AND UNDER NO CIRCUMSTANCES WILL A HEALTH PROVIDER BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

MODIVCARE OR ANY HEALTH PROVIDER 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 MODIVCARE AND ANY HEALTH PROVIDER 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.”

Corrections and Changes

 

ModivCare endeavors to keep the Site, the Applications, and the Content up to date. Without limiting anything else in these Terms and Conditions or otherwise, ModivCare is not responsible for any errors or omissions on the Site, or in the Applications or the Content. ModivCare 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 ModivCare makes no commitment to update the Content. ModivCare 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.

 

Indemnification

 

You agree to indemnify and defend ModivCare, each Health Provider, and its respective directors, officers, employees, agents, partners, affiliates, successors, assigns, and contractors (“ModivCare 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 ModivCare 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 ModivCare 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 ModivCare’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 ModivCare Indemnitees’ failure to give notice within a reasonable time after the ModivCare Indemnitees learn of such Third-Party Claims.

 

Governing Law and Jurisdiction

These Terms and Conditions represent the entire agreement between you and ModivCare 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 ModivCare from its offices within the United States. ModivCare 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.

 

Dispute Resolution

 

Any dispute, claim, cause of action, complaint, lawsuit, equity pleading, demand, or controversy arising out of or relating to these Terms and Conditions 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 MANDATORYexcept 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. WHERE PERMITTED BY APPLICABLE LAW YOU 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 AGAINST MODIVCARE OR AGAINST ANY OTHER PARTY RELATING TO OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, APPLICATIONS AND/OR THE SERVICES. Further, unless both you and ModivCare 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 ModivCare 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 ModivCare 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, ModivCare 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.

 

Miscellany

 

ModivCare’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 are for reference only and do not affect the interpretation of these Terms and Conditions or the Privacy Notice.

ModivCare 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 ModivCare.

In the event any term of these Terms and Conditions is held by a court of competent jurisdiction not to be enforceable, the remaining provisions of these Terms and Conditions shall be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

 

Nondiscrimination / Language Access Notice under Section 1557 of the Affordable Care Act

 

ModivCare complies with applicable Federal civil rights laws and does not discriminate based on race, color, national origin, age, disability, or sex. ModivCare does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

ModivCare 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.