These Terms of Use (“TOU”) are an agreement between you and Freedom Care, LLC, a New York limited liability company and its affiliates (“FreedomCare,” “we,” “our,” or “us”). These are rules you agree to follow when using our website https://www.freedomcare.com, and/or any interactive mobile application or other online services that FreedomCare has or may develop from time to time, including but not limited to FreedomCare mobile applications (collectively, the “Site”), including when you view content on the Site. Please also familiarize yourself with our Privacy Policy before using the Site, as well as the Notice of Privacy Practice, which governs the collection, use and disclosure of Protected Health Information (“PHI”) as defined by HIPAA by our affiliate covered entities. By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Site.
These TOU may change. Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of the Site will mean that you accept these changes. You choose whether or not to use the Site. If you do not agree to all of these TOU, please do not use the Site.
Your Relationship with FreedomCare
FreedomCare is a company that collects, matches and provides information to users of the Site regarding home healthcare and qualifies individuals to become caregivers under Medicaid. By accepting these TOU, you acknowledge and agree that FreedomCare may send you messages and emails, as set forth in the “Consent to Electronic Communications” section below. FreedomCare will not be responsible in any way, and you will not hold FreedomCare liable, for any loss, injury, or claim of any kind resulting from your use of these e-mails and messages.
ALL INFORMATION PROVIDED ON THE SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY FREEDOMCARE IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY. RELIANCE ON ANY INFORMATION PROVIDED BY FREEDOMCARE IS SOLELY AT YOUR OWN RISK.
In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy; any PHI will be subject to the NPP and not the Privacy Policy.
FreedomCare is designed to support your ability to receive or provide home healthcare through Medicaid. THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THIS SITE ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR GENERAL HEALTH ISSUES.
FreedomCare qualifies and matches individuals based on the guidelines for care provided under Medicaid. FreedomCare is not responsible for any change to Medicaid requirements or criteria, nor any coverage determinations, rejections or approvals made pursuant to Medicaid requirements.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, FreedomCare grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by FreedomCare in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by FreedomCare. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying the Site.
Consent to Electronic Communications
When you provide us with your e-mail and/or phone number or communicate with us electronically via e-mail, text message, or messages via the Site, you consent to receive communications from us electronically through the number(s) or e-mail you provide. Therefore, you agree to promptly notify us if you change your contact information by updating this information in your account settings. If you later decide that you do not want to receive future communications electronically, please send an email to [email protected].
You may also opt out of marketing-related electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of these TOU provided to and accepted by you.
Even if you opt out, we may need to continue to send you certain communications electronically regarding your access and use of the Site, such as reminders to log into the Site and enter certain demographic or health information. You will not be able to opt out of those communications. If you withdraw your consent to receive communications electronically, certain Site functionalities may become unavailable to you, or may prevent you from using the Site entirely.
FreedomCare will make reasonable efforts to ensure that communication is secure, private, and meets your communication preferences; however, we cannot guarantee that information shared via electronic means is 100% secure given the risks inherent in electronic communication.
In consideration of the services provided by FreedomCare, you also agree to release FreedomCare from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harms resulting from or relating to calls, text messages, emails or other messages, including without limitation any claims, causes of action, or lawsuits based on any asserted violations of the law (including without limitation the Telephone Consumer Protection Act, the Truth in Caller ID Act, the CAN-SPAM Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Health Insurance Portability and Accountability Act, any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
Third Party Links. FreedomCare may provide links to third-party web sites. FreedomCare does not recommend and does not endorse the content on any third-party websites. FreedomCare is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. FreedomCare does not endorse any product, service, or treatment advertised on the Site. FreedomCare does not control and is not responsible for the privacy practices of such third parties. FreedomCare encourages you to review the privacy policies of each website and application you visit and use.
Use of Site. Any use or attempted use of the Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. FreedomCare reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. FreedomCare further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.
FreedomCare may terminate your use of the Site or any of FreedomCare’s features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.
Telehealth Services. In the event that you access, through the use of the Site, a licensed health care practitioner for a telehealth virtual consultation (“Telehealth Visits”), such practitioner will be employed or under contract with Freedom Care Medical Practice, PC (the “PC”) to provide you medical services via audio, video or live chat capabilities remotely or in your residence (the “Medical Services”). In connection with accessing the Medical Services, you acknowledge as follows:
- Relationship with Health Care Practitioner. You agree that you are entering into an agreement with the practitioner of the PC, which means, among other things, you are entering into a practitioner-patient relationship with the health care practitioner associated with the PC that personally performs the Medical Services.
- Role of FreedomCare. You understand and agree that FreedomCare MSO LLC is the provider of certain administrative services to the PC and does not provide professional medical services itself.
- Prescriptions. With respect to Telehealth Visits, you agree that practitioners associated with the PC may not prescribe the following drugs:
- Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III);
- Prescriptions for medications that are restricted by states; and
- Prescriptions for medications for psychiatric illnesses.
FreedomCare is not a drug fulfillment warehouse. In the event that a health care practitioner associated with the PC does prescribe a medication, he/she prescribes only as permitted by law or regulation and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. The PC does not guarantee that a prescription will be written.
You agree that any prescriptions that you acquire from a PC health care practitioner shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Limitation on Use by Minors
The Site is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If FreedomCare obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, FreedomCare will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact FreedomCare if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.
Please note that FreedomCare is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example (1) when an international, federal, state, or local law, rule, or regulation requires FreedomCare to maintain the content or information; (2) when FreedomCare maintains the content or information provided by a user or caregiver to FreedomCare in connection with being assessed for, or enrolling in, FreedomCare’s services offered through the Site; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when FreedomCare anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that FreedomCare is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Account Information
When a user sets up an account with FreedomCare, such individual is creating a direct customer relationship with FreedomCare that enables such user to access and/or utilize various functions of the Site.
Collection, Use, Disclosure, and Retention of Information
We encourage you to review our Privacy Policy for more information about how FreedomCare may collect, use, disclose, and retain personal information.
Transactions
In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant FreedomCare without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction as permitted by law.
Jurisdictional Issues
These TOU, and FreedomCare’s collection, use, and disclosure of information is governed by United States law.
Miscellaneous
FreedomCare strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, users of the Site are responsible for keeping account passwords and information secure and confidential, and such users are responsible for any and all use of their accounts on the Site. If users have reason to believe that the security of their account has been compromised, please notify us immediately.
Disclaimers
ANY ACCESS OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. FREEDOMCARE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. FREEDOMCARE DOES NOT WARRANT OR GUARANTEE THE ACCRUACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE. FREEDOMCARE DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.
Limitation of Liability
IN NO EVENT SHALL FREEDOMCARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THE SITE OR ANY OTHER SITE LINKED TO THE SITE, UNAUTHORIZED ACCESS TO OR ALTERARTION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST FREEDOMCARE FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST FREEDOMCARE ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Entire Agreement
These TOU and any other agreements FreedomCare may post on the Site or that you and FreedomCare may execute from time to time constitute the entire agreement between FreedomCare and you in connection with your use of the Site and supersede any prior agreements between FreedomCare and you regarding use of the Site, including prior versions of these TOU.
Governing Law and Jurisdiction
Accessing the Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the state in which are you are resident and receiving services shall apply to you and this TOU, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the state in which you are resident and receiving services in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. Notwithstanding the foregoing, all Services received through the PC, EvergreenChoice LLC dba FreedomCare, FreedomCare Care Management LLC and FreedomCare MSO LLC shall be governed by the statutes and laws of New York, notwithstanding any principles of conflicts of law.
If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Changes to these TOU
FreedomCare may supplement, amend, or otherwise modify these TOU at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of FreedomCare constitutes your agreement to the changed TOU.
Last modified: December 11, 2024.