Latest update: May 29, 2023
DO NOT USE THIS SITE IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergent situation, you should consider one of the following actions:
Palmetto Proactive Healthcare, LLC (“Palmetto Health”, “we”, “our” or “us”) owns and operates the Palmetto Health website available at www.palmettoproactive.com (the “Site”) and on behalf of itself and its affiliated providers (“Providers”) provides information, communication services, scheduling support and facilitation of access to certain telehealth services, and other technology platform services (together with the Site, the “Services”).
These Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
These Terms govern your access to and use of the Services offered by Palmetto Proactive Healthcare, LLC. By accessing, browsing, and/or using the Services, you acknowledge that you have read and agree to be bound by these Terms. If you are a parent or legal guardian of a minor who is receiving Services, you agree to these Terms on behalf of your minor child. References to “you” and “your” throughout these Terms include the minor child (to the extent so permitted to use the site) and, as applicable, any parent/legal guardian.
These Terms are subject to change at any time and without prior notice, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated” date referenced on the Site. If we make material changes to these Terms, we will make reasonable efforts to notify you of such changes (such as, but not limited to, posting a notice on the Site).
Welcome to our website. This site is maintained as a convenience to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
www.palmettoproactive.com is for your personal and non-commercial use, unless otherwise specified. You may not use any service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Palmetto Proactive Healthcare, LLC. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this website.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website, its application(s), and any Services associated therewith. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
11. Disclaimer to International Users. The Services are controlled by Palmetto Health, which is located in the United States of America. We make no representation that the Services or Content are appropriate or available for use in locations outside of the United States. Accessing the Services from territories where such content, information or other materials are illegal is prohibited. Those who choose to access these Site from locations outside of the United States do so on their own initiative and are solely and exclusively responsible for compliance with local laws.
12. Indemnification. You agree to indemnify and hold [name of website], its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
13. No Representation of Warranties; Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PALMETTO PROACTIVE HEALTHCARE, LLC (INCLUDING ITS AFFILIATES) DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
14. Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PALMETTO HEALTH WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SPECIAL CATEGORY OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PALMETTO HEALTH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAYS, LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, WORK STOPPAGE, ACCURACY OF RESULTS, LOSS OF SECURITY OF MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY MATERIALS), COMPUTER FAILURE, VIRUS OR MALFUNCTION, FILE CORRUPTION OR OTHER OUTAGE OR ERROR. WITHOUT LIMITING THE FOREGOING DISCLAIMERS, PALMETTO HEALTH WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT, ITEMS OR THIRD-PARTY MATERIALS, INCLUDING FROM ANY DENIAL-OF-SERVICE, VIRUS OR OTHER HARMFUL CODE OR MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BASED ON YOUR ACCESS TO, OR USE OF, THE SERVICES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF PALMETTO HEALTH FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (1) $200.00 OR (2) THE AMOUNT YOU PAID TO PALMETTO HEALTH IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not fully apply to you. In such event, the limitations will apply to the fullest extent permitted by law.
15. DISPUTE RESOLUTION THROUGH ARBITRATION
YOU AND PALMETTO HEALTH ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM (to the fullest extent permitted by your jurisdiction). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
You and Palmetto Health agree that any and all controversies, claims and disputes arising out of or related to these Terms or the Services or any information provided through the Services, including Content, whether based in contract, tort, warranty, statute, or any other legal or equitable basis, including without limitation, any dispute or claim relating to the formation, interpretation or enforceability of any part of these Terms (including the scope and enforceability of this Arbitration Agreement) and any claim that all or any part of these Terms is void or voidable (collectively, “Claims” and individually, a “Claim”), shall be finally resolved by binding arbitration, rather than in court; except that you and we each retain the right: (i) to bring an individual action in small claims court (if the Claim in question qualifies for small claims court); and (ii) to seek injunctive or other equitable relief in court against actual or threatened infringement, misappropriation or violation of intellectual property rights. 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.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at https://www.adr.org/Rules.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you substantially and conclusively prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You and Palmetto Health agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PALMETTO HEALTH WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this Section (Dispute Resolution Through Arbitration) is found unenforceable, the unenforceable provision will be severed to the minimum extent necessary, and the remaining arbitration terms shall be enforced.
16. LIMITATION ON TIME TO FILE CLAIMS. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES OR ANY CONTENT OR OTHER ITEMS PROVIDED THROUGH THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR IT SHALL BE PERMANENTLY BARRED.
18. User-generated Content. If you make available to us any content in any format (including ideas, concepts, feedback, and know-how, collectively, “Feedback”), you hereby grant to Palmetto Health a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such content, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that we are free to use any Feedback for any purpose. You should not submit private, personal, or confidential information over the internet except through appropriate and secure channels.
19. Intellectual Property. The Services (and their entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “Content”)) are owned by Palmetto Proactive Healthcare, LLC, 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. No license, right, title or interest in the Services or Content is transferred to you as a result of your downloading, accessing, viewing or using the Services or Content. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material available through the Services or any Content, except as permitted by these Terms or otherwise approved by us in writing. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Services or any Content. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the Services or the Content is strictly prohibited. The Palmetto Health name and all other trademarks, wordmarks, service marks, graphics and logos included in or made available through the Services are trademarks or trade dress of Palmetto Health. All other marks are the property of their respective owners.
20. Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Palmetto Proactive Healthcare: LEGAL COUNSEL, who can be reached as follows:
By Mail: 3225-B Reidville Rd., Spartanburg, SC 29301
By Phone: 864-252-4808
By E-mail: firstname.lastname@example.org
21. Applicable Law. You agree that the laws of the state of South Carolina, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Palmetto Health or its affiliates.
22. Indemnification. You agree to defend, indemnify and hold harmless Palmetto Health and anyone associated with Palmetto Health from and against any and all claims, liabilities, demands, losses, damages, fees, or penalties (collectively “Claims”), and the cost to investigate and defend against them (including reasonable attorneys’ fees) arising out of or relating to (1) your access to or use of, or activities in connection with, the Services (including any content in any format you make available through the Services), (2) your breach or alleged breach of these Terms, or (3) any violation or alleged violation of any applicable law by you or anyone accessing the Services on your behalf. Palmetto Health reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. You agree to provide immediate written notice to us in the event of any third-party claim which does or may include Palmetto Health.
23. Equitable Remedies; Injunctive Relief. You hereby acknowledge that your breach of these Terms may result in immediate and irreparable harm to Palmetto Health. Accordingly, you hereby agree that, in the event of such a breach by you, Palmetto Health shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of the Services, or Content or other information obtained through the of the Services, as well as any and all other remedies available at law or in equity.
24. WAIVER OF JURY TRIAL; CLASS ACTION WAIVER. IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SERVICES OR THESE TERMS IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, BOTH PARTIES AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND EACH OF US UNCONDITIONALLY (1) WAIVES ANY RIGHT TO TRIAL BY JURY AND (2) TO THE FULLEST EXTENT PERMISSIBLE BY LAW: WAIVES ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
25. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
26. Waiver. The failure of Palmetto Proactive Healthcare, LLC or its authorized agents or affiliates to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Palmetto Health must be in writing and signed by its authorized representative.
27. Termination. Palmetto Health and/or its authorized administrators may terminate this Agreement at any time, with or without notice, for any reason.
28. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
30. Website Vendor Contact Information:
485 S Pine Street
Spartanburg, SC 29302