TERMS OF USE

Please read these terms of use carefully before using the Acuity Link, LLC (“Acuity Link”) website or services.

By using this site and/or any mobile application or other website associated with it (collectively, the “Site”), you and your authorized users (the “User”) agree to all terms, conditions, and notices contained or referenced herein (“Terms of Use”) that apply to your registration with and use of Acuity Link features and services (collectively, the “Services”). If you or your authorized Users do not agree to the Terms of Use, please do not use the Site or the Services. By using this Site and/or the Services, each Subscriber (defined below) and each User represents that the terms and conditions set forth in these Terms of Use are understand and accepted.

Acuity Link reserves the right, in its discretion, to update or revise the Terms of Use at any time. Users will be notified of significant changes or updates to the Terms of Use upon accessing the Services. Your continued use of the Site and/or Services following the posting of any modified Terms of Use constitutes your acceptance of those changes and the Terms of Use as so revised. If you do not agree to the revised Terms of Use, please discontinue use of the Site and the Services.

NO UNLAWFUL USE

No one may use the Site or Services for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Acuity Link or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site, the Services or any other systems or networks connected to the Site by hacking or any other illegitimate means.

GENERAL

Each subscriber must enroll pursuant to a written subscription agreement (“Service Subscription”) to access and use the Services (“Subscriber”). Only valid Subscribers who have purchased and maintain a subscription, and their authorized Users, will be granted access to the Services through the Site. In order to use any of the Services available through the Site, each User must register with Acuity Link and create a valid account. In the future, Acuity Link may offer new services, products and/or features. Any new products, materials, features and/or services, shall be subject to the terms and conditions of the Terms of Use, as amended.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of these Terms of Use by reference. Each User agrees to abide by such other terms and conditions to the extent applicable to their use. If there is a conflict between the Terms of Use and the terms posted for, or applicable to, a specific portion of the Site, the terms posted for the specific part of the Site shall control with respect to your use of that portion of the Site.

Each Subscriber and each User covenants and agrees to cooperate promptly, openly and fully with Acuity Link and its agents, attorneys and designees in connection with any investigation regarding any Service Subscription, Subscriber, User, use of the Site, the Services and any information provided by Acuity Link in connection therewith.

SERVICE SUBSCRIPTION AGREEMENT; AUTHORIZED USERS

Each Subscriber who has entered into a Service Subscription with Acuity Link may access the subscriber portion of the Services in accordance with these Terms of Use. Service Subscriptions entered into by entities or organizations may provide for their employees and/or members to register as Users, subject to the consent of the Subscriber and Acuity Link. Employees and/or members who are granted access under an employer’s Service Subscription will be registered as Users under such Subscriber’s rights at the time of registration. Each User will have access only to that portion of the Site and those paid Services applicable to the respective Subscriber. Such User access will only be valid while the applicable individual is an authorized User of a Subscriber that is in good standing.

REGISTRATION

You and your authorized Users must register with Acuity Link and provide a valid e-mail address. You and your authorized Users agree to provide true, accurate and complete information during the registration process and promptly update such information with any changes as they occur. No Subscriber or User may impersonate any person or company or use any unauthorized or fictitious name. If any information provided is inaccurate, untrue or incomplete, without limiting any other remedies, Acuity Link has the right to terminate your use of the Services and Acuity Link, its agents, affiliates, attorneys, representatives and partners shall have the right to recover from you any costs or losses incurred as a result of the inaccurate or incomplete information. You authorize Acuity Link and its agents, affiliates, attorneys, representatives and partners to make any inquiries they consider necessary to validate your and your authorized Users’ registration.

By submitting personal information to the Service, including any individually identifiable health information (“PHI”), you acknowledge and agree that we may use such personal information subject to our Privacy Policy https://www.acuity-link.com/Privacy and applicable law.

REGISTERED USER ACCOUNT, PASSWORD AND SECURITY

Upon registration, each User will be issued a unique user identification (“User ID”) and will be required to establish a password to access the Services. You and your authorized Users are responsible for maintaining the confidentiality of the applicable User IDs and passwords and are jointly and severally responsible for all actions that are taken under the applicable User IDs. You and your authorized Users must keep the User IDs and passwords strictly confidential and you may not allow anyone to use your registrations or User IDs. No User may access the Site and/or the Services using any other person’s User ID and password. Acuity Link reserves the right to suspend and/or terminate any User ID at any time in its sole discretion. Acuity Link shall not be responsible for losses incurred by Subscribers or Users as the result of the misuse of User IDs, passwords or registrations.

You agree that you have access to the Internet and to a current and valid e-mail address. You have sole responsibility for providing Acuity Link with a correct and operational e-mail address. Acuity Link will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Acuity Link of any change in your e-mail or postal mailing address

APPROVED USE

You and your authorized Users will not use the Site or the Services, or any subset, portion or feature of any of them, for any unlawful, fraudulent or improper activity. You expressly agree that you and your approved Users’ use of the Site and the Services will comply with all applicable laws, statutes, regulations and other rules or orders. You agree that the Site and the Services are provided only for your internal use and that neither you nor your approved Users will use, share, provide, assign or otherwise make available any information that is provided by Acuity Link, including, without limitation, with or without remuneration, to any third party, without the express written consent of Acuity Link. You are prohibited from reverse engineering and/or decompiling the proprietary source code used in the Acuity Link features and services or any of its API’s, services and databases or any other system within the Acuity Link features and services. Acuity Link reserves the right to suspend and/or terminate any User ID at any time in its sole discretion.

SERVICE MODIFICATIONS

Except as expressly set forth in your Service Subscription, if applicable, Acuity Link (i) may from time to time and at any time modify or discontinue, temporarily or permanently, any of or all of the Services with or without notice; and (ii) shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Service, or any portion thereof.

CONTENT CONFIDENTIAL

No Subscriber or User may directly or indirectly provide or disseminate any reports, analytics, information or data obtained from the Site or the Services, or any portion thereof, to any third party.

PROPRIETARY RIGHTS

Acuity Link is the owner or authorized licensee of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, the Services and all data, information and reports. Acuity Link and the applicable licensors, if any, retain all rights to the Site and the Services, however denominated. You and your authorized Users acknowledge and agree that the content and materials available on the Site and through the Services, including without limitation all data, information, survey results, analytics, reports, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws and are the sole and exclusive property of Acuity Link and that neither you nor your authorized Users have any rights of ownership and may only use the data and information subject to these Terms of Use, subject in all cases to Acuity Link’s right to terminate such license at any time.

Your (and your authorized Users’) right to access and use the Services is specific to you and subject to your registration and the Service Subscription you have entered into with Acuity Link. Acuity Link grants you and your authorized Users a non-exclusive license to use the content and materials for which you have registered for or subscribed and paid for, as the case may be, solely in accordance with these Terms of Use and your Service Subscription. Except as set forth in the preceding sentence or as separately authorized in writing by Acuity Link, you and your authorized Users agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from any such Site, Services, data, information, reports, content or other materials. Use of any of the materials for any purpose not expressly permitted in these Terms of Use is strictly prohibited. You and your authorized Users acknowledge and agree that the unauthorized use of any of the materials on the Site or associated with the Services could cause irreparable harm to Acuity Link or its partners and that in the event of such unauthorized use, Acuity Link or its partners shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Acuity Link has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Service (the “Designated Agent”). All such notifications relating to the Service must be by written communication and must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Acuity link to locate the material.
  • Information reasonably sufficient to permit Acuity Link to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Claims of infringement which include the above required information must be submitted via mail, fax or e-mail to Acuity Link’s Designated Agent as follows:

Acuity Link Copyright Agent
11 Ridgewood Drive
Yarmouthport, MA 02675
United States of America
e-mail Address: info@acuity-link.com

SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION

Among other things, the Service allows Users to order to order medical transportation services supplied by independent vendors (each a “Vendor”), including ambulance service providers and other transportation companies (“Vendor Services”)

ALL VEDOR SERVICES PURCHASES ARE SUBJECT TO AVAILABILITY. ACUITY LINK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY VENDOR, THE VENDOR SERVICES OFFERED BY ANY VENDOR, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SERVICES OR ANY VENDOR SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR RESERVATION, PURCHASE OR USE OF ANY VENDOR SERVICES.

  1. Price Modifications; Service Availability. Each Vendor establishes its own pricing independent of Acuity Link and reserves the rights to modify such pricing without notification. If applicable, Vendor Services offered are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, without limitation, dropouts, rebuffering or loss of connection.
  2. Terms of Vendor Service. The purchase, use and cancellation of all Vendor Services are governed by the terms and conditions established by the applicable Vendor.

YOU ACKNOWLEDGE AND AGREE THAT THE VENDOR IS SOLELY RESPONSIBLE FOR THE DELIVERY OF SUCH SERVICES AND THAT SUCH PURCHASES ARE SUBJECT TO THE APPLICABLE VENDOR’S CANCELLATION AND REFUND POLICIES. YOU ACKNOWLEDGE AND AGREE THAT YOU PURCHASE ALL SUCH SERVICES AT YOUR OWN RISK AND SHALL NOT HOLD ACUITY LINK, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY VENDOR, INCLUDING WITHOUT LIMITATION ANY VIOLATION OF APPLICABLE LAW.

COMMUNICATION BY ELECTRONIC MEANS

To the fullest extent permitted by applicable law, these Terms of Use and any other agreements, notices or other communications regarding the User accounts, User IDs, Service Subscriptions and/or use of the Site and the Services (“Communications”), may be provided electronically and you agree to receive Communications in an electronic form. Communications may be posted on the pages within the Site or the Services and/or delivered to registered e-mail addresses. A a copy of any Communications should be retained for your records. All Communications in electronic format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not such Communications have been opened, received or retrieved. Except as required by law, Acuity Link reserves the right, but assumes no obligation, to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Acuity Link of your decision to do so, by sending an e-mail message to ________________ expressly stating your desire to receive paper communications.

PRIVACY

The terms of the Acuity Link Privacy Policy govern the collection, use and distribution of information related to you. You may find and access the Acuity Link Privacy Policy here https://www.acuity-link.com/Privacy. You must access and acknowledge and accept the Privacy Policy in order to maintain an active registration. By continuing to access the Site, you agree that you have had an opportunity to read, review and download or print our Privacy Policy.

LINKING

The Site may contain links and pointers to other internet sites and resources, including, without limitation, Vendor websites. Links to and from the Site to and from Vendors and other websites or locations maintained by third parties do not constitute an endorsement by Acuity Link of any such third party website or content. Acuity Link is not responsible for the availability of third party resources or their contents. You should direct any concerns regarding any external link to the website administrator of the applicable third party website or location. Acuity Link reserves the right to withdraw permission for any link at any time.

DISCLAIMER OF WARRANTIES AND LIABILITY

The analytical data and information available on the Site and through the Services are for informational purposes only. It is impossible to collect all data and address all situations that may be applicable to all Subscribers or Users. You acknowledge and agree that due to the dynamic nature of the medical transport market and the underlying data that you cannot and will not assume that the information accessible through the Services is complete, reliable, or up to date and that Acuity Link may have to alter its processes and analytics based on a myriad of factors that are out of its control. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site and the Services before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold Acuity Link or any of its content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site or the Services.

USE OF THE SITE AND SERVICES, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES, LOSSES OR INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY ACUITY LINK IN YOUR SERVICE SUBSCRIPTION AND/OR BY AN AGREEMENT WITH AN APPLICABLE VENDOR, THE SITE AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO, ALL SERVICES AND VENDOR SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ACUITY LINK DOES NOT WARRANT THAT: (1) THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE OR THE SERVICES WILL BE CORRECTED; (3) THE SITE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (4) ANY INFORMATION CONTAINED IN THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (5) THAT THE SITE OR SERVICES ARE COMPLETELY SECURE. YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL ACUITY LINK BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES

IN NO EVENT SHALL ACUITY LINK BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE SITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

ACUITY LINK, ITS LICENSORS, ITS VENDORS, OR ANY THIRD PARTIES MENTIONED ON THE SITE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO ANY PERSON CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE SERVICES.

UNDER NO CIRCUMSTANCES SHALL ACUITY LINK BE LIABLE FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ACUITY LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Applicable law may not ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES ACUITY LINK SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.

ACUITY LINK’S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH YOUR SERVICE SUBSCRIPTION WILL BE LIMITED TO THE LESSER OF THE TOTAL AMOUNT PAID BY YOU TO ACUITY LINK FOR SUCH SUBSCRIPTION, IF ANY, HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD AND TEN THOUSAND DOLLARS.

You acknowledge that Acuity Link has entered into a Service Subscription with you, priced the Services and permitted your (and your authorized User’s) use of the Site and the Services in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in these Terms of Use will survive and apply even if found to have failed of their essential purpose.

INJUNCTIVE RELIEF

You agree that unauthorized use of User IDs, passwords, this Site or the Services will breach the security of the Site and the Services including the data contained therein and provided therewith and therefore would cause irreparable harm to Acuity Link for which no adequate remedy at law exists, and you therefore agree that, in addition to any other remedies available, Acuity Link is entitled to equitable relief to enforce the terms of this agreement

INDEMNIFICATION

Each Subscriber and each User agrees to defend, indemnify, and hold harmless Acuity Link, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your subscription and your (and your authorized User’s) use of the Site or the Services, including the use of all or any portion of the analytics, data, reports or other materials provided. Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.

CHOICE OF LAW AND FORUM; JURY WAIVER

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site or the Services shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

YOU AND ACUITY LINK HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING ANY CLAIM RELATED TO OR ARISING FROM THE SITE OR THE SERVICES.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Acuity Link with respect to the Site and the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Acuity Link with respect to the Site and/or the Services. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Acuity Link, and the remaining portions shall remain in full force and effect.

TERMINATION

Acuity Link reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or the Services and/or to remove any data, content and materials from the Site, with or without notice. You agree that Acuity Link shall not be liable to you or any third party for any termination of your access to the Site and/or the Services and/or for removal of information from the Site.

MISCELLANEOUS

These Terms of Use and your Service Subscription, if any, constitute the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. If any term herein is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings are for convenience only and must not be given any legal import. These Terms of Use, your Service Subscription and your rights and obligations hereunder and thereunder may not be assigned or otherwise transferred by you without the prior written consent of Acuity Link.

ACCEPTANCE OF TERMS OF USE; NO TECHNOLOGY SUPPORT

BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT.

If you do not agree to the terms in this Agreement, you must not use the Site. Acuity Link may change the terms of this Agreement at any time, and your use of the Site after such changes are posted will mean that you accept them. You acknowledge and agree that Acuity Link will have no obligation to provide you with any technology support in connection with the Site or Services

NOTICE FOR CALIFORNIA CONSUMERS

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights information:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

CHILDREN

The Site is not designed for and does not intentionally target or solicit children 13 years of age and younger. We encourage families to obtain additional information about safe use of the internet at FTC Children’s Privacy.

CONTACT INFORMATION

Michael P. Pieretti Jr., Chief Operating Officer
Acuity Link, LLC
259 Willow Street, First Floor
Yarmouth Port, MA 02675
E-mail: info@acuity-link.com
Phone: +1 (800) 681-5328

Effective Date: November 30, 2016