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TERMS & CONDITIONS
A) WEBSITE TERMS & CONDITIONS
Acceptance of the Terms of Use
Please read the following terms carefully before using Ambulance USA LLC’s (“AUSA”, “our” or “we”) web site, www.AmbulanceUSA.com, as well as any online features, services or programs offered by AUSA (collectively, the “Web Site”).
YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY ACCESSING, USING OR VIEWING OUR SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND YOU AGREE TO THE TERMS OF AUSA PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST EXIT THIS SITE.
By accessing or using the Web Site, you agree to the following terms set forth herein. You should review these terms regularly as they may change at any time at the sole discretion of AUSA. If you access our site at any time, then you are deemed to have accepted and agreed to any changes.
LICENSE AND WEBSITE ACCESS.
AUSA hereby grants you a personal, non-exclusive, non-transferable, revocable license to access our site. Our site contains software tools and databases that allow you to search for and retrieve information. You may not (1) sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on this site, (2) use any data mining, robots, or similar gathering and extraction tools, or (3) sell, rent, lease, lend or transfer any services provided on this site.
You may use our services for lawful purposes only. You may not impersonate another person or entity, nor use the site in any way that is inconsistent with any applicable law or regulation. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this site. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. You may not “flood” or disrupt our site through any means or process. If we become aware of any violation of these conditions, in addition to our right to terminate your access to the site without further notice or warning at any time, we reserve the right to take any other actions and pursue any other legal rights available to us.
You are responsible for all use of our services and our site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our site via your computer or mobile device.
COPYRIGHT, TRADEMARKS & TRADE DRESS.
All content included on the site, the compilation of all content on the site, including text, documents, forms, software, videos, images, sounds, names, logos, trademarks, service marks and all other materials, and all software used on the site are the property of AUSA, its affiliates or its suppliers, and are protected by U. S. and international copyright laws. Furthermore, AUSA, as well as other marks so indicated on the site and other AUSA graphics, logos, images, page headers and titles, button icons, scripts and trade, and service names, are trademarks and trade dress of AUSA in the U. S. and other countries.
The trademarks, service marks, and logos used and displayed on the Web Site are AUSA’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The name Ambulance USA ® and the brand mark with the EMS Star of Life design consisting of a Rod of Asclepius symbol inside of six-pointed star with two stars from top left to bottom right, inside a circle with the word Ambulance USA Medical Transportation are USPTO Federally registered trademarks, and they are property of Ambulance USA, LLC. Other parties’ trademarks and service marks that may be referred to on the Web Site are their respective owners’ property. The information in this site, as well as processes or know-how associated with it, is proprietary.
Except as provided in the “License and Website Access” section above, and except as expressly authorized or contemplated (such as for files containing Transportation specific plans, quotes, agreements, service or marketing materials), you may not:
(1) Copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or any manner commercially exploit, any copyright-protected element of the site, including the content or software on the website;
(2) Make any use of AUSA’s trademarks or trade dress;
(3) Utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, videos, page layout, or form) of AUSA; or
(4) Use any metatags or any other “hidden text” utilizing AUSA’s name or trademarks.
CONTENT, PRODUCTS, AND SERVICES.
AUSA reserves the right to change or discontinue any content and services made available through the site at any time and without any notice to you.
PASSWORDS.
To access certain features of our site, you must register and create a password. We require registration as part of a verification system designed to protect your privacy and security and the privacy and security of the information you are accessing. If you choose to register on our site, you are responsible for maintaining the security of your password and other login information.
DISCLAIMER.
Our site contains or links various types of information originating from ourselves or third parties, including outside vendors that provide medical transportation-related information and other transportation services. Although we have taken care to make sure our information is accurate and useful, we urge you to consult a physician if you want professional assurance that our information and your interpretation of our data are appropriate to your particular situation.
ASSUMPTION OF RISK AND HOLD HARMLESS.
You assume full risk and responsibility for your use of this site and the information it contains. The medical transportation-related information on the website is intended to be a general information resource only. It does not constitute medical advice and is not a substitute for professional medical advice or treatment. You are responsible for seeking professional medical advice if you have any questions about your medical transportation, your health or a health condition.
You agree to hold Ambulance USA, LLC, and its affiliates harmless from any claims relating to your use of, your reliance upon, or errors or omissions in the information found on this site.
NO WARRANTIES; INDEMNIFICATION
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICE, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AUSA PROVIDES THE WEB SITE, AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND AUSA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS SHALL BE CORRECTED.
You agree to defend, indemnify and hold AUSA and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by AUSA, directly or indirectly, concerning or arising out of (i) your failure to comply with these Terms; (ii) the breach of your obligations under these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
The Customer acknowledges and agrees that the provider service identifies, coordinates and, organizes transportation and enables access to global ground transportation and logistics services that are provided by independent third-party providers. AUSA is not a transportation or logistics provider. AUSA and its affiliates do not guarantee the availability of transportation or logistics services, on-time arrivals or departures thereof, or any other services levels or performance related to the network of independent contractor transportation or logistics contractor providers that are obtained via the AUSA service.
Personal Identifiable Information (PHI) & HIPAA Confidentiality
AUSA follows HIPAA regulations with a system customized for EMS and healthcare environments. We include safeguards in place to protect your PHI, including Providers Agreements with our transportation contractors, technical controls, and administrative processes.
To contact you and provide the information, quote, or service requested when you reach us by phone, email, chat, or online through our Web Site. You are asked to provide your contact information and the preferred method of contact. If you provide an email address, we may send you communications regarding our services and offers from which you have the option to opt-in or out as you prefer.
To provide service, we only use the minimum necessary medical PHI for transport. This information includes the Patient’s name, date of birth, chief medical complaint, medical diagnosis, equipment needed for transportation, origin, and destination locations. Upon providing these details, the Customer automatically consents that the Provider releases the minimal necessary PHI and medical information to the contracted transport company or agent. It is the complete responsibility of the Customer to have received the Patient’s consent for the release of medical information. The Provider is not involved in communication with the Patient or his representative unless it is expressly asked to do so.
The Provider does not divulge to any unauthorized entity without the prior written consent of the other party, except for the requested coordination of medical transportation, access required by law, regulation, and third-party reimbursement Agreements. All information obtained about patients, their records, or computerized data is held in confidence following all state and federal HIPAA laws for Protected Health information concerning medical records and electronic media.
LIMITATION OF LIABILITY
IN NO EVENT WILL AUSA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE. IN STATES OR JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AUSA’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Waiver and Severability
No waiver by the AUSA of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the AUSA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of Use will continue in full force and effect.
Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and AUSA concerning the Web Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, for this Web Site.
B) TRANSPORTATION TERMS & CONDITIONS
Ambulance USA LLC (“AUSA“), is a Patient Transportation Managed Organization. AUSA is involved in identifying, organizing, and coordinating medical ground transportation as per the requirements and stipulations of the respective Customer.
The Customer acknowledges that AUSA is in the business of identifying, coordinating, and hiring the most appropriate possible ambulance to the best of its knowledge, research, and internal vetting process of its global network as per the Customer’s specifications.
All prices reflect a 4% discount for Wire or ACH. If paying by other methods such as credit card or debit card, a 4% fee will apply.
Availability of Solutions Provided
All solutions are provided on a global basis as per the availability at the time of booking. The locations, type of transport, service, and ambulance are according to the stipulations and the information specifically requested by the Customer at the time of quote (the “Trip“). In the event of any change to the Trip, additional charges may apply. AUSA does its best to keep the same items as quoted, but we cannot commit to the original terms unless the quote was approved on the same business day.
Each independent contractor may set additional fees for wait time. AUSA has no control over wait time fees. If wait time fees cannot be prevented, the Customer understands they are responsible for those additional charges, if any. AUSA will give its best efforts to notify the Customer within three business days after AUSA has received notice.
Customer understands that any quotations provided before the Trip are estimates and may not reflect the final cost, any additional charges assessed are the responsibility of the Customer, and must be paid by the Customer. The additional fees, if any, will be added to the Trip’s final invoice.
Limits and Release of Liability
By scheduling a Trip, you understand that AUSA subcontracts with transportation carriers. Therefore, we are not responsible for their actions. AUSA has no control and no direction over how the Trip or medical and transportation services are executed. The transportation network of service companies are independent contractors and are not agents or employees of AUSA. Neither AUSA, nor any of its officers, directors, employees, representatives, parents, subsidiaries, affiliates, agents, or other covered parties are liable for any acts, errors, omissions, representations, warranties, breaches, or negligence under this agreement.
AUSA is not responsible for any personal injury, death, property damage, bodily injury, expenses, delays, economic damage, losses, or claims resulting from the same. The Customer understands that AUSA is not responsible for any deficiency in service or delays. AUSA does not warrant any of the services. You acknowledge that AUSA holds no obligation or liability for any delays.
Any special requirements or special conditions have to be specified in this agreement. The Customer agrees to indemnify and hold harmless AUSA, its affiliates, officers, employees, and representatives from and against any losses, costs, damages, and expenses arising out of joint efforts through the term of this agreement unless it is determined to be the result of the negligence of AUSA.
Applicable Law
Before initiating any legal action or dispute against AUSA, the Customer agrees to contact AUSA and allow AUSA an opportunity to resolve any such legal action or dispute. Should AUSA take steps to resolve such dispute or action, the Customer agrees to engage in good faith efforts towards a resolution. This Agreement must be governed in all its aspects by the laws of the State of Texas, USA, with the venue for any disputes being held in Fort Bend County, Texas, USA.
The parties hereby agree that any unresolved disputes concerning this Agreement or the services provided by AUSA must be mediated first in Fort Bend, Texas, USA. Any unresolved disputes must be submitted to binding arbitration in Fort Bend, Texas USA, following the commercial rules of the American Arbitration Association, with the parties equally sharing the cost of any mediator or arbitrator. Each party shall pay its own costs and attorneys’ fees, if any.
Accept, Agree & Schedule a Transport
Upon scheduling a Transport, you are activating the Trip and accepting these Agreement Terms and Conditions. You agree to pay the full price quoted per each Trip plus any additional charges reflected on the final invoice.
In the event the Customer cancels a reserved or dispatched trip, the Customer is responsible for the expenses incurred up to that point with a surcharge of 10% or $175, whichever is higher. Failure to provide oral & written notice of cancellation will result in NO REFUND. Furthermore, you authorize AUSA to charge your credit card or bank draft for the full price stated on each Trip. You agree not to dispute those charges with AUSA nor with your financial institutions. Additionally, you acknowledge that AUSA holds no obligation or liability for any delays. Any special requirement or special medical condition has to be specified before each quote and acknowledged in writing before each Trip. Failure to do so will release AUSA from any liability.
The prices on this Agreement have been negotiated and discounted as long as your account is in good standing. If the invoice becomes over sixty (60) days past due, AUSA reserves the right to bill this Agreement at the usual and customary rate per Trip of $1,900 base rate plus $35 per mile and, any attorney fees, collection fees, and interest to the maximum permissible set by law.