Effective Date: December 17, 2025
This Terms of Service Agreement ("Agreement") is a legally binding contract between you, the Wyoming Limited Liability Company ("Agency," "we," "us," or "our") governing your access to and use of our website located at https://encorehomehealth.com and any related services, features, content, applications, or websites owned or operated by the Agency (collectively, the "Website").
ACCEPTANCE OF TERMS
1.1 Binding Agreement
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Notice of Privacy Practices, which are incorporated herein by reference. If you do not agree to these Terms, please do not use the Website.
1.2 Modifications to Terms
We reserve the right to modify these Terms at any time in our sole discretion. Any changes are effective immediately when posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes.
1.3 Additional Terms
In addition to these Terms, when using particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
1.4 Eligibility
You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.
WEBSITE USE
2.1 Permitted Use
You may use the Website for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates applicable federal, state, or local laws or regulations, including but not limited to HIPAA and other healthcare privacy laws
To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation
To impersonate or attempt to impersonate the Agency, an Agency employee, healthcare provider, or any other person or entity
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
For any purpose that is unlawful or prohibited by these Terms
2.2 User Accounts
Certain portions of our Website may require registration or creation of an account (such as patient portals). If you create an account:
You are responsible for maintaining the confidentiality of your login credentials and for restricting access to your computer or device
You are responsible for all activities that occur under your account or password
You agree to notify us immediately of any unauthorized access to your account or any other breach of security
You agree to ensure that you exit from your account at the end of each session
We reserve the right to disable any user account at any time if, in our opinion, you have violated these Terms or if we believe such action is necessary to protect the security of our Website
2.3 Prohibited Activities
You agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose
Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Website
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
Attack the Website via a denial-of-service attack or distributed denial-of-service attack
Otherwise attempt to interfere with the proper working of the Website
INTELLECTUAL PROPERTY RIGHTS
3.1 Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Agency, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal, non-commercial purposes in accordance with these Terms. This license does not include:
Any resale or commercial use of the Website or its contents
Any collection and use of any product listings, descriptions, or prices
Any derivative use of the Website or its contents
Any downloading or copying of account information for the benefit of another merchant
Any use of data mining, robots, or similar data gathering and extraction tools
3.3 Restrictions
You must not:
Modify copies of any materials from the Website
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
Delete or alter any copyright, trademark, or other proprietary notices from copies of materials from the Website
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website
Post personal health information on our social media accounts. These platforms are not secure channels for discussing your health concerns.(We monitor our social media accounts during business hours but cannot guarantee immediate responses. For urgent matters, please call [phone number].)
3.4 Trademarks
The Agency name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Agency or its affiliates or licensors. You must not use such marks without the prior written permission of the Agency. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
INFORMATION ON THE WEBSITE
4.1 Medical Disclaimer
The information provided on our Website is for general informational purposes only and is not intended as medical advice, diagnosis, or treatment recommendations. The information should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your healthcare provider.
No provider-patient relationship is created by your use of this Website or its content. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
4.2 Accuracy of Information
We strive to provide accurate and up-to-date information on our Website. However, we make no representations or warranties about the accuracy, completeness, reliability, suitability, or availability of any information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is strictly at your own risk.
4.3 Updates and Changes
We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. We have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time.
THIRD-PARTY LINKS
5.1 External Links
Our Website may contain links to third-party websites or services that are not owned or controlled by the Agency. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
5.2 No Endorsement
The inclusion of any links to third-party websites does not imply endorsement, approval, or recommendation by the Agency of the linked website or any information, products, or services contained therein. We provide these links only as a convenience to you.
5.3 Third-Party Terms
Your use of such third-party websites and resources may be subject to additional terms and conditions imposed by the third-party providers. You are solely responsible for reviewing and complying with such terms and conditions.
ONLINE SCHEDULING AND FORMS
6.1 Appointment Requests
If our Website offers online appointment scheduling or request forms:
Submitting a request does not guarantee an appointment until confirmed by our staff
All appointments are subject to confirmation by our staff based on availability and appropriateness
We reserve the right to reschedule or cancel appointments as necessary for operational or clinical reasons
Appointment requests for urgent medical issues should not be made through the Website; instead, please contact us directly by phone at [PHONE NUMBER]
6.2 Form Submissions
Information submitted through online forms:
Will be used in accordance with our Privacy Policy and Notice of Privacy Practices
Does not establish a provider-patient relationship until confirmed by our staff
Should not be used for emergency medical situations or time-sensitive health concerns
May be subject to review and verification before processing
6.3 Response Times
While we strive to respond promptly to all online submissions, we do not guarantee immediate response. Response times may vary based on volume, staffing, and other factors. For urgent matters, please contact us directly by phone at [PHONE NUMBER]. In case of a medical emergency, call 911 or go to your nearest emergency room.
TELEHEALTH SERVICES
7.1 Limitations
If telehealth services are offered through our Website:
These services are subject to state licensing requirements and may not be available in all locations
Technical requirements (device, internet connection, software) must be met for successful sessions
Not all conditions are appropriate for telehealth evaluation, and in-person visits may be necessary
Insurance coverage for telehealth services varies, and you are responsible for verifying your coverage
7.2 Technical Issues
We are not responsible for technical failures during telehealth sessions due to:
Internet connectivity issues or bandwidth limitations
Hardware or software malfunctions on either the provider's or patient's end
Power outages or system failures
Other technical problems beyond our reasonable control
In the event of technical failures that cannot be promptly resolved, the session may need to be rescheduled or converted to a telephone consultation at the provider's discretion.
7.3 Emergency Situations
Telehealth services are not intended for emergency situations. In case of a medical emergency, call 911 or go to your nearest emergency room immediately. Our telehealth services are designed for non-emergency healthcare needs only.
7.4 Consent for Telehealth
By using our telehealth services, you acknowledge and agree that:
You have been informed of the potential risks, consequences, and benefits of telehealth
You understand that the laws that protect privacy and confidentiality of medical information also apply to telehealth
You understand that telehealth may involve electronic communication of your personal health information to healthcare providers who may be located in other areas
You have the right to withhold or withdraw consent to telehealth services at any time
PRIVACY AND SECURITY
8.1 Privacy Policy
Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at [LINK TO PRIVACY POLICY] to understand our practices regarding your personal information.
8.2 HIPAA Compliance
As a healthcare provider, we are subject to the Health Insurance Portability and Accountability Act (HIPAA). Our collection, use, and disclosure of protected health information is governed by our Notice of Privacy Practices and applicable law. Our Notice of Privacy Practices can be found at [LINK TO NPP].
8.3 Security Measures
While we implement reasonable security measures to protect your information, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8.4 Confidentiality
You agree to maintain the confidentiality of any sensitive information you may access through our Website, including information about our services, patients, or business operations. You shall not disclose such information to any third party without our prior written consent.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE AGENCY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, NEITHER THE AGENCY NOR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE AGENCY NOR ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE AGENCY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Agency, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your user submissions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
12.1 Governing Law
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
12.2 Jurisdiction
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Broward County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12.3 Reserved
ARBITRATION
13.1 Agreement to Arbitrate
At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the American Arbitration Association. By using our Website, you hereby consent to submit to such arbitration.
13.2 Arbitration Procedures
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
13.3 Arbitration Location and Costs
The arbitration shall be conducted in Fort Lauderdale, Florida, unless the Agency agrees otherwise. Each party shall bear its own costs of participating in the arbitration, except as otherwise provided by the arbitration rules or applicable law.
13.4 Exceptions
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement.
WAIVER AND SEVERABILITY
14.1 Waiver
No waiver by the Agency of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Agency to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14.2 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
. ENTIRE AGREEMENT
These Terms, our Privacy Policy, Notice of Privacy Practices, Cookie Consent Banner,Medical/Health Information Disclaimerconstitute the sole and entire agreement between you and the Agency with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
CHANGES TO TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
We will provide notice of material changes to the Terms by posting a notice on our Website's homepage. What constitutes a material change will be determined at our sole discretion.
ELECTRONIC COMMUNICATIONS
When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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.
GEOGRAPHIC RESTRICTIONS
The Agency is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
COOKIES AND TRACKING TECHNOLOGIES
Our Website uses cookies and similar technologies to enhance your experience and collect information about how you use our site. By using our Website, you consent to our use of cookies in accordance with our Privacy Policy. You can manage your cookie preferences through your browser settings, but please note that disabling certain cookies may affect the functionality of our Website.
ACCESSIBILITY
We are committed to making our Website accessible to all individuals, including those with disabilities. If you encounter any accessibility issues or require assistance in accessing any part of our Website, please contact us using the information provided in Section 22.
CONTACT INFORMATION
Questions about the Terms should be sent to us at:
Encore Home Health Services, LLC dba Encore Care
[ADDRESS]
[CITY], [STATE] [ZIP CODE]
Phone: +1-800-395-9420
Email: info@encorecare.org
Website: https://encorehomehealth.com/
SURVIVAL
Following the termination of these Terms, any provision that should by its sense and context survive such termination shall survive, including, without limitation, the provisions relating to ownership, intellectual property, warranty disclaimers, indemnity, and limitations of liability.
ASSIGNMENT
You may not assign, delegate, or otherwise transfer these Terms or your rights and obligations hereunder without the prior written consent of the Agency. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. The Agency may assign these Terms or any rights hereunder without your consent.
FORCE MAJEURE
The Agency shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Agency including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
HEADINGS; CONSTRUCTION
The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation."
ATTORNEY'S FEES
In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party against the other party arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and court costs from the non-prevailing party.
COLLECTION EXPENSES
If you fail to pay any fees or other charges when due, you will be responsible for all costs of collection incurred by the Agency, including but not limited to attorneys' fees, collection agency fees, and court costs.
Business Continuity and Disaster Recovery
We maintain regular backups of all electronic PHI and have established procedures to restore data in the event of an emergency.If our website is unavailable, you can still reach us at [phone number] for urgent care needs.
AUTHORIZED SIGNATORIES
You represent and warrant that you have the legal right and authority to enter into these Terms.
