Conditions of Use

Welcome to CentralReach.com. CentralReach Services LLC and/or its affiliates (“CentralReach”) provide website features and other products and services to you when you visit or shop at CentralReach.com, use CentralReach products or services, use CentralReach applications for mobile, or use software provided by CentralReach in connection with any of the foregoing (collectively, “CentralReach Services”). CentralReach provides the CentralReach Services subject to the following conditions.

By using CentralReach Services, you agree to these conditions. Please read them carefully.

We offer a wide range of CentralReach Services, and sometimes additional terms may apply. When you use an CentralReach Service (for example, CentralReach Practice Management, Clinical Solutions, Marketplace) you also will be subject to the guidelines, terms and agreements applicable to that CentralReach Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy
Please review our Privacy Notice, which also governs your use of CentralReach Services, to understand our practices.

Electronic Communications
When you use any CentralReach Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other CentralReach Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright
All content included in or made available through any CentralReach Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CentralReach or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CentralReach Service is the exclusive property of CentralReach and protected by U.S. and international copyright laws.

Trademarks
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CentralReach Service are trademarks or trade dress of CentralReach in the U.S. and other countries. CentralReach’s trademarks and trade dress may not be used in connection with any product or service that is not CentralReach’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CentralReach. All other trademarks not owned by CentralReach that appear in any CentralReach Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CentralReach.

License and Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, CentralReach or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CentralReach Services. This license does not include any resale or commercial use of any CentralReach Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CentralReach Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by CentralReach or its licensors, suppliers, publishers, rightsholders, or other content providers. No CentralReach Service, nor any part of any CentralReach Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CentralReach. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CentralReach without express written consent. You may not use any meta tags or any other “hidden text” utilizing CentralReach’s name or trademarks without the express written consent of CentralReach. You may not misuse the CentralReach Services. You may use the CentralReach Services only as permitted by law. The licenses granted by CentralReach terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account
If you use any CentralReach Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CentralReach does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the CentralReach Services only with involvement of a parent or guardian. CentralReach reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and other Content
Visitors may post reviews, comments, photos, videos, and other content; other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CentralReach reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, you assure that you have complete and clear ownership of the content and information placed into your CentralReach.com account. You recognizes that any liability for copyright or trademark infringement or other legal matters regarding the owning and use of intellectual and/or real property is your responsibility. You assume all legal liability and responsibility for the sale of any restricted or illegal products including but not restricted to those governed by laws or regulations enforced by the United States FTC and other state, federal, and international regulatory bodies. It is the responsibility of the participant to research, understand, and abide by these laws and regulations.

Without limitation, you agree to not input any item, link, or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent.

Unless we indicate otherwise, you also grant CentralReach a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CentralReach and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CentralReach for all claims resulting from content you supply. CentralReach has the right but not the obligation to monitor and edit or remove any activity or content. CentralReach takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints
CentralReach respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing providing us with the following information: a description of the copyrighted work you believe to be infringed upon, a description of where the material that you claim is infringing is located on the site; your contact information (address, telephone, e-mail); a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; a physical signature of the person authorized to act on behalf of the copyright interest. Our mailing address is Copyright Agent, CentralReach Legal Department, 371 S Federal Highway, Pompano Beach Florida, 33062. We respond quickly to the concerns of rights owners about any alleged infringement. Please note this procedure is exclusively for notification.

Product Descriptions
CentralReach attempts to be as accurate as possible. However, CentralReach does not warrant that product descriptions or other content of any CentralReach Service is accurate, complete, reliable, current, or error-free. If a product offered by CentralReach itself is not as described, your sole remedy is to return it in unused condition.

Pricing
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on CentralReach and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on CentralReach.

With respect to items sold by CentralReach, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by CentralReach is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card for digital products, until we make the digital product available to you.

App Permissions
When you use apps created by CentralReach, such as the CentralReach App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

CentralReach Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with CentralReach Services (the “CentralReach Software”).

Other Businesses
Parties other than CentralReach operate stores, provide services, or sell product lines through the CentralReach Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. CentralReach does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CENTRALREACH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CENTRALREACH SERVICES ARE PROVIDED BY CENTRALREACH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CENTRALREACH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CENTRALREACH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CENTRALREACH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CENTRALREACH SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CENTRALREACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CENTRALREACH DOES NOT WARRANT THAT THE CENTRALREACH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CENTRALREACH SERVICES, CENTRALREACH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CENTRALREACH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CENTRALREACH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CENTRALREACH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CENTRALREACH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disputes
Any dispute or claim relating in any way to your use of any CentralReach Service, or to any products or services sold or distributed by CentralReach or through CentralReach.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to CentralReach Legal Department, 371 S Federal Highway, Pompano Beach, FL 33062. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, CentralReach will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law
By using any CentralReach Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CentralReach.

Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy posted on this site. These policies also govern your use of CentralReach Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address
CentralReach, LLC
371 S Federal Highway
Pompano Beach, FL 33062
centralreach.com

How to Serve a Subpoena
If you have a subpoena to serve on CentralReach, please note that CentralReach does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on CentralReach.com, preferably by mailing the subpoena to the address above.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.