Terms of Use

Last Modified: July 13, 2021

 

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Infiniti Health LLC, a California limited liability company (the “Company,” or “Infiniti”). The Company is a mobile healthcare provider delivering quality care directly to the hearts of California communities. The following terms of use, together with any other documents that expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Infiniti website located at https://www.infinitihealth.org/ and all related subdomains (“Website”) and any content, functionality, and services offered on or through the Website (together with all related subdomains and social media pages, the “Infiniti Platform”).  

Please read the Terms of Use carefully before you start to use the Infiniti Platform. By accessing and using the Infiniti Platform, you signify your assent to both these Terms of Use and our Privacy Policy, which is available at [url]. If you do not want to agree to any of these Terms of Use, you must not access or use the Infiniti Platform.

Changes may be made to these Terms of Use from time to time. Your continued use of the Infiniti Platform will be deemed acceptance to amended or updated terms. You are encouraged to check this page from time to time so that you are aware of any changes, as they are binding on you.

If you are a minor, as used in these Terms of Use meaning persons under 18 years of age, do not access the Infiniti Platform.

 

Limited License

Infiniti grants you a limited license to access the Infiniti Platform subject to these Terms for your lawful use only.

You agree not to use the Infiniti Platform in any way that violates any federal, state or local law or regulation or professional rule applicable to you and your use of the Services.

We try to keep the Infiniti Platform safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Website. In fact, we might even stop providing the Website completely or stop providing certain features without notice. You acknowledge that Infiniti may, at its sole discretion and at any time, stop providing any part of the Infiniti Platform without notice. You also acknowledge that Infiniti reserves the sole right to amend the Infiniti Platform and any of the Services (including any support services). You understand and agree that Infiniti will not be liable to you or any third party, if for any reason, all or any part of the Infiniti Platform are unavailable at any time or for any period. From time to time, Infiniti may restrict access to some parts of the Infiniti Platform to you.

By accessing the Infiniti Platform, you represent and warrant that (a) you are 18 years of age or older; and (b) your use of the Infiniti Platform does not violate any applicable law or regulation or any obligation you may have to a third party.

You are welcome to link to the Infiniti Platform from your website, provided that your website Platform does not imply any endorsement by or association with the Company.

 

Term

These Terms will take effect immediately upon commencement of your access of the Infiniti Platform and will remain in force and effect for as long as you are accessing the Infiniti Platform.

 

The Different Types of Content Provided on the Infiniti Platform

The Company communicate or may communicate with you through the Infiniti Platform by using text, graphics, images, videos, photographs, audio, interfaces, webpage content, sounds, artwork, computer code, and other information or materials posted or provided on, by, or through the Platform (collectively, “Content”). 

 

Reliance on Information Posted

The information presented on or through the Infiniti Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Infiniti Platform, or by anyone who may be informed of any of its contents.

The Infiniti Platform may include Content provided by third parties, including materials provided by other users, technology companies, third-party licensors, syndicators, aggregators, or reporting services. All data, statements or opinions expressed in Infiniti Platform, other than the Company Content, are solely the responsibility of the person or entity providing such Content. We are not responsible, or liable to you or any third party, for the content or accuracy of any Content provided by any third parties. These materials do not necessarily reflect the opinion of the Company.

 

Accessing the Infiniti Platform

You are responsible for making all arrangements necessary for you to have access to the Infiniti Platform, ensuring that all persons who access the Infiniti Platform through your internet connection are aware of these Terms of Use and comply with them, securing your information technology infrastructure, including computers, software, databases, electronic systems, and networks and taking steps to protect the privacy and security of your account and data.

To access the Infiniti Platform or some of the resources it offers, you will be asked to provide certain information through the Website’s contact from. You acknowledge that all information you provide to Infiniti when filling out the contact form are accurate, current and complete. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information accurate and up to date.You may delete the information you submitted through our contact form at any time, for any reason, by notifying us via e-mail to [email protected]

You agree that all information you provide to Infiniti is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

Intellectual Property Rights

The Infiniti Platform and the Company Content, including but not limited to, all information, software, text, displays, images, video, and audio, and the functionality, design, selection, and arrangement thereof, are owned by the Company, 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. All right and title to the Infiniti Platform and Company Content remain with the Company.

Subject to and conditioned on your agreement to abide by these Terms of Use and payment of all applicable fees, the Company hereby grants you a non-exclusive, non-transferable right and license to use the Infiniti Platform and access the Company Content in accordance with the Terms of Use.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Infiniti Platform in breach of the Terms of Use, your right to use the Infiniti Platform will terminate immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Infiniti Platform or any Company Content that was transferred to you, and all rights not expressly granted are reserved by Infiniti. Any use of the Infiniti Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The company name, “Infiniti Health”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Infiniti Platform are the trademarks of their respective owners.

 

Prohibited Uses

You agree to use the Infiniti Platform only for your lawful purposes and in accordance with these Terms of Use. 

You further agree not to use the Infiniti Platform:

  • for any unlawful purpose or in any way that violates applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries;
  • to impersonate or attempt to impersonate the Company, a Company employee or agent, another user or any other person or entity, including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing;
  • to falsely state or imply a relationship with Infiniti or with another company with whom you do not have a relationship;
  • to engage in any other conduct that interferes, restricts or inhibits anyone’s use, privacy or enjoyment of the Infiniti Platform, or which, as determined by us, may harm Infiniti, other users of the Infiniti Platform or expose them to liability;
  • to use the Infiniti Platform in any manner that could damage, disable, overburden, or impair any Infiniti server, or the network(s) connected to any Infiniti server; 
  • to gain unauthorized access to the Service or other users’ Infiniti Accounts, computer systems or networks connected to any Company server or to any of the Content, through hacking, password mining or any other means;
  • to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Infiniti Platform;
  • to use any robot, spider or other automatic device, process, or means to access the Infiniti Platform for any prohibited purposes, including monitoring or copying any of the material presented thereon,
  • to use any manual process to monitor or copy any of the material on the Infiniti Platform, or for any other unauthorized purpose without Company’s prior written consent; 
  • to use any device, software or routine that interferes with the proper working of and delivery of the Company’s services;
  • to introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful; 
  • to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • to monitor the Infiniti Platform’s availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against the Company or any other competitive purposes; 
  • to attack the Infiniti Platform via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Infiniti Platform; 
  • to use the Infiniti Platform in any way that is inappropriate or disrespectful of other users, including, but not limited to, select a username that contains profanity or racial slurs, upload inappropriate or offensive contents and post inappropriate comments, or seeking, offering, promoting, supporting, or endorsing services, content, or activities that regard or promote in any way any escort services, prostitution, or sexual acts; or Infiniti reserves the sole discretion in determining what is inappropriate or disrespectful. 

 

Copyright Infringement

We respect the intellectual property rights of others and request all users of the Infiniti Platform to do the same. Pursuant to the U.S. Digital Millennium Copyright Act, notifications of claimed copyright infringement should be sent to [email protected]. Upon the receipt of written notification of infringement and subject to applicable copyright laws, the Company may remove or disable access to any such Content.

To be effective, the notification of claimed infringement must be a written communication that includes substantially the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
  • Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
  • Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;
  • Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.

After receiving the communication, Infiniti may ask person who submitted the claimed infringement to provide further or supplemental information, prior to removing any Content on the Infiniti Platform, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim. It is the policy of Infiniti to terminate the user accounts of repeat infringers.

 

Links to Third-Party Websites

The Infiniti Platform might display, include or make available third-party content, including data, information, commercials, or other materials or contain links to third-party websites, services, and advertisements for third parties (collectively, the “Third-Party Materials”). You agree that Infiniti is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Infiniti does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials. If you decide to access any of the third-party websites linked to the Infiniti Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the Infiniti Platform is incorporated in the State of California in the United States. We provide this Infiniti Platform for use only by persons located in the United States. We make no claims that the Infiniti Platform or any of its content is accessible or appropriate outside of the United States. Access to the Infiniti Platform may not be legal by certain persons or in certain countries. If you access the Infiniti Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

The Infiniti Platform and all Content is available “as is” and “as available” and without any warranties of any kind.

Without limiting the generality of the foregoing:

  • all content, materials, information, software, products, tools, and services included in or available through the Infiniti Platform are provided “as is” and “as available” without warranty of any kind, express or implied. to the fullest extent provided by law, the Company hereby disclaims 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 that cannot be excluded or limited under applicable law.
  • in no event shall we be liable to you or anyone else for any decision made or action taken in reliance on any Content on the Infiniti Platform or the use of any products or services offered through the Infiniti Platform.
  • we do not in any way endorse or recommend any product or service offered through the Infiniti Platform and make no representations or guarantees related to the reliability or accuracy or such product or service.
  • we make no guarantees, representations or warranties, whether expressed or implied, with respect to completeness, accuracy, reliability, or availability of the Infiniti Platform, or any Content.
  • we do not in any way endorse or recommend any healthcare provider accessible through the Infiniti Platform, any specific tests, procedures, opinions, or other information that may appear through the Infiniti Platform; or that any particular drug or treatment is safe, appropriate, or effective for you.
  • to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Infiniti Platform or any services or items obtained through the Infiniti Platform or to your downloading of any material posted on it, or on any Infiniti Platform linked to it.
  • neither the Company nor anyone associated with the Company represents or warrants that the Infiniti Platform, its content, or any services, or items obtained through the Infiniti Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Infiniti Platform or the server that makes it available are free of viruses or other harmful components, or that the Infiniti Platform or any services or items obtained through the Infiniti Platform will otherwise meet your needs or expectations.
  • you understand and agree that the Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, user communications or personalization settings.

 

Limitation on Liability

Infiniti is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Use, including, but not limited to:

  • your use of or your inability to use the Website;
  • delays or disruptions in our Website;
  • viruses or other malicious software obtained by accessing, or linking to, our Website;
  • glitches, bugs, errors, or inaccuracies of any kind in our Website;
  • damage to your hardware device from the use of the Website;
  • the content, actions, or inactions of third parties’ use of the Website;
  • your reliance on the quality, accuracy, or reliability of the Freelancer directory postings, Client project postings, Client profiles, Freelancer profiles, ratings, recommendations, and feedback (including their content, order, and display), and
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Use.

In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, the Company’s liability in such jurisdictions shall be limited to the extent permitted by applicable law.

 

Indemnification

You agree to defend, indemnify, and hold harmless Infiniti, 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 of Use or your use of the Site, including, but not limited to, your User Content, any use of the Company’s Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Infiniti Platform.

 

Governing Law and Jurisdiction

All matters relating to Infiniti, Privacy Policy, Terms of Use, and any dispute or claim arising therefrom or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

We encourage you to contact Infiniti’s Customer Service department via email at i[email protected] if you have concerns or complaints about the Infiniti Platform. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and Infiniti shall be resolved pursuant to this section.

At the Company’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with Infiniti, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 

PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. YOU AND THE COMPANY AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. 

 

Waiver and Severability

No waiver by Infiniti of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of Infiniti 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.

 

Device Compatibility

Infiniti does not promise that the Infiniti Platform is compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. Company may, but is not obligated to, provide updates to the application that improve compatibility with updated mobile devices.

 

SMS/Text Communications and Data Charges

By entering your mobile phone number in the contact form, you agree that we may send communications to you on your mobile telephone by SMS or text message from time to time. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You may opt out at any time by following the instructions in the SMS or text message or contacting us at [email protected].

Where the Infiniti Platform may require use of wireless or cellular data to operate certain features or functions and transmit data, Company is not responsible for your data access service or any charges related thereto. You are solely responsible for paying any applicable charges payable to your cellular, broadband and/or messaging provider(s).

 

Entire Agreement

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Infiniti regarding the Infiniti Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Infiniti Platform unless otherwise set forth in a written agreement between you and Infiniti.

 

Contact Information

All notices of copyright infringement claims should be sent by the means set out above. All other feedback, comments, requests for technical support, and other communications relating to the Infiniti Platform should be directed to [email protected].

Infiniti logo SVG object 300px wide reversed

Infiniti Health LLC
7642 Densmore Ave
Van Nuys, CA 91406