Elite Wound Care Consultants, LLC
Terms of Service
These Terms of Service are effective as of October 1st, 2023. THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF OUR SERVICES AND SITE.
ELITE WOUND CARE CONSULTANTS, LLC (individual and collectively, “Company”, “we” or “our”) provide certain Services (as defined below) to you through its website located at either the the www.elitwoundcareconsultants.net homepage, and all web pages accessible through that homepage that share the same domain name (individually and collectively, the “Website”), subject to these Terms. By accessing the Website, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you are entering into these Terms on behalf of another individual or entity, you represent that you have the legal authority to bind such individual or entity to these Terms, in which case the terms “you,” “your” or related capitalized terms herein shall refer to such individual or entity. If you do not agree with any of these Terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law. You acknowledge that these Terms constitute a contract between you and Company, even though it is electronic and is not physically signed by you and Company. You further acknowledge that these Terms govern your use of the Services and your purchase of any products and/or equipment (“Products”) from Company and, except for written agreements or addendums signed by the parties that specifically modify or that conflict with these Terms, these Terms supersede any other agreements between you and Company.
Company offers the sale of Products through the Website (collectively, the “Services”). The Service includes the Website (and including links to third-party websites) and the other products and equipment provided to you through the Website including all software, data, text, images, sounds, videos, and other content made available through the Website (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms. Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
– modify or copy the materials;
– use the materials for any commercial purpose, or for any public display (commercial or non commercial);
– attempt to decompile or reverse engineer any software contained on ELITE WOUND CARE CONSULTANTS, LLC’s website;
– remove any copyright or other proprietary notations from the materials;
or – transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by these Terms; (b) use the Services to process data on behalf of any third party, (c) modify, adapt or hack the Services to falsely imply any sponsorship or association with Company, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks; (d) use the Services in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and their components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Services; (g) use the Services to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Website; (i) unless otherwise explicitly agreed to in writing by Company, use the Website or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Website or the Services; (k) deep-link to the Website for any purpose, unless expressly authorized in writing by Company; (l) try to use, or use the Services in violation of these Terms; or (m) use the Services for any purpose competitive with Company. You are responsible for all information, data, text, messages or other materials that you post or is otherwise transmitted via the Services. Subject to these Terms, you agree to access and use the Services only for your own internal and individual purposes as contemplated by these Terms. To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services or otherwise prohibited from having a Company account, (3) are not a competitor of Company or are not using the Services for reasons that are in competition with Company; (4) have full power and authority to agree to these Terms and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of Company, including intellectual property rights such as patent, copyright or trademark rights; and (6) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
THE MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICES.
FURTHER, THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SERVICES, WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY THIRD-PARTY SITES (AS DEFINED BELOW) LINKED TO THIS WEBSITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT OR MATERIALS FROM OR RELATED TO THE SERVICES ARE CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR THE SERVICES, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE WEBSITE, THE SOFTWARE, OR ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT INFORMATION OR ADVICE OR ASSISTANCE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN THE FUNCTIONING OF THE WEBSITE, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN. FURTHERMORE, COMPANY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS, PROBLEMS RELATED TO THE SERVICE OR ITS USE, LOSS OF PERSONAL CONTENT ON THE WEBSITE, LOST OR UNDELIVERABLE EMAIL, AND FOR ANY OTHER REASON. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, OR ANY INTERACTIONS BETWEEN USERS OF
THE WEBSITE OR THE SERVICES, WHETHER ONLINE OR OFFLINE. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Website access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party websites, that may affect your use of the Service and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis for a refund of any fees or as a basis for you not to comply with your contractual obligations. The Website and Services may reference Third-party Services (see definition below) and third party products, equipment, and software, but we are in no way affiliated with such third parties and neither our Services nor the Website are endorsed or approved by such third parties. Further, we do not endorse or recommend, are not responsible for, and make no representations as to such Third-party Services or third party products, equipment or software. Company is not liable for any damage or loss caused or alleged to be caused by or in connection with any such Third-party Services or third party products, equipment or software.
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) AND TO THE FULLEST EXTENT PERMITTED BY LAW, WILL COMPANY OR COMPANY’S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, MONETARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICES OR WEBSITE AND/OR ANY CONTENT ON THE WEBSITE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR WEBSITE IS TO STOP USING THE WEBSITE AND THE SERVICES. YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WILL EITHER COMPANY OR ITS AFFILIATES BE LIABLE TO REPAY OR REIMBURSE ANY PAYMENTS MADE BY YOU TO COMPANY. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. IN THESE STATES, COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The materials appearing on Website could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its website are accurate, complete or current. Company may make changes to the materials contained on its website at any time without notice. However, Company does not make any commitment to update the materials. The information on the Website consists of statements of opinion and not statements of fact or recommendations to utilize or receive any medical care, advice, treatments, products, services, items, devices, equipment, or software (collectively, “Medical Services”). The Website provides general information and is not a substitute for health or medical care from a qualified healthcare professional. The Website does not constitute the practice of Medical Services. The Website does not offer any advice regarding the quality or suitability of any particular Medical Service, equipment provider or healthcare provider with respect to Medical Services or otherwise. The information and materials provided on the Website are intended solely for your information and not any other person. Such information should not be considered or construed as, and is not a substitute for, Medical Services and is not intended to replace consultation with a qualified healthcare provider. If you have any questions about the Content on the Website, you agree to contact your healthcare professional. You further acknowledge and agree that the Website does not recommend, endorse or make any representations or warranties regarding healthcare providers or Medical Services. Company has no responsibility, liability or obligation of any kind for the accuracy, completeness or other aspects of the information or Medical Services provided by the Website.
The Services may contain links to, or otherwise may allow you to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Third-party Sites”) in conjunction with our Services. Company has not reviewed all of the Third-party Sites linked to its Website and is not responsible for the contents of any such linked Third-party Site. The inclusion of any linked Third-party Site does not imply endorsement by Company of the Third-party Site. Use of any such linked Third-party Site is at the user’s own risk. If you decide to access and use such Third-party Services, be advised that your use is governed solely by the terms and conditions of such Third-party Services, and we do not endorse, are not responsible for, and make no representations as to such Third-party Services, their content or the manner in which they handle your data. Company is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Third-party Services, or your reliance on the privacy practices or other policies of such Third-party Services.
These Terms constitute the entire agreement between the parties with respect to the subject
matter hereof, all previous understandings whether oral or written having been merged herein. No representations or warranties have been made other than those expressly set forth in these Terms. Without limiting the foregoing, the parties have not relied on any oral statements that are not included in these Terms. These Terms may not be changed or modified by you. These Terms supersede prior versions of these Terms. Company may revise these Terms at any time without notice, and such modifications shall be effective immediately upon posting the Terms, as modified, on the Website and will supersede prior versions of these Terms. Company encourages you to review the Terms each time that you use the Website so that you are aware of any modifications to the Terms. Each time you login, access, or use this Website you are agreeing to be bound by the then current version of these Terms.
These Terms are governed by and construed in accordance with the laws of Arizona without giving effect to the conflicts of laws provisions or principals thereof and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location nearest to Company.
For purposes of these Terms, “Confidential Information” means and includes any and all non public, medical, financial, personal, and proprietary information in whatever form (written, oral, visual, or electronic) possessed or obtained by either party related to Company and its affiliates. It shall include, without limitation, policies, procedures, methods, contractors, patient and client data or information, financial information and statements, employee information, contractor information, know-how, processes, jointly-developed processes, processes developed by you pursuant to the provision of services, vendor and supplier lists, price lists and pricing techniques, business plans and techniques, reports, marketing plans and techniques, strategic plans, management plans and techniques, contractual arrangements, information relating to current and future affiliates, trade secrets, and any other information, knowledge or data, in whatever form or medium, concerning or relating to the business affairs of Company which may reasonably be deemed to be confidential in nature. We and you intend that the term Confidential Information shall be given the broadest possible interpretation. You shall keep strictly confidential all Confidential Information. You shall not use the Confidential Information in any manner that adversely affects Company’s business. You shall not directly or indirectly communicate, divulge, sell, transfer, publish, disclose, display, or otherwise make available to any other entity, person, or individual, whether related or not, the Confidential Information or any portion thereof without the express prior written consent of Company. You may, however, disclose such matters to the extent that disclosure is required by a court or governmental agency of competent jurisdiction. Further, if you are legally required to disclose any Confidential Information, you shall provide Company with reasonable notice prior to such disclosure and reasonably
cooperate with Company in seeking to obtain a protective order or other assurance of confidential treatment of the Confidential Information to fully comply with applicable laws. Nothing in these Terms shall be construed to grant to you any ownership or other proprietary interest in any Confidential Information.
Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Services (or any part thereof) and (ii) refuse any/all current and future use of the Services, suspend or terminate your account or any part thereof (or your use of the Services), and remove and discard any of your content within the Services if we believe that you have violated these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of your use of Services, and may be referred to law enforcement authorities. Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.
You agree to defend, indemnify, and hold harmless Company and its subsidiaries, licensors, suppliers and affiliates, and their respective directors, officers, shareholders, managers, members, agents, employees, consultants and representatives from, against and in respect of any claim, charge, demand, action, or suit, whether in contract, tort, strict liability, negligence, or otherwise, for any and all losses, costs, charges, claims, demands, fees (including attorneys’ fees), expenses, or damages of any nature or kind arising out of, connected with, or resulting from (i) the use (whether permitted under these Terms or not) of the Website or Services, or (ii) relating in any way to these Terms. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests to assist Company’s defense of such matter.
Company may assign these Terms or any of its rights under these Terms to a third party. you may not, without the express written consent of Company, assign these Terms or any of your rights under these Terms, directly, by operation of law or otherwise, without the prior written consent of Company. Subject to the foregoing restrictions on assignment, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Any assignment in violation of this Section will be void. These Terms shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties hereto.
If any provision of these Terms, or the application thereof under certain circumstances, is
held to be invalid or unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms, or the application of such provision under other circumstances, shall remain in full force and effect.
Nothing in these Terms shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.
Company’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms. All rights not expressly granted under these Terms are hereby reserved for Company.
Sections 1 through 15 of these Terms shall survive termination or expiration of these Terms.
Elite Wound Care Consultants, LLC
Privacy Policy
Your privacy is important to us. Elite Wound Care Consultants, LLC is committed to maintaining the highest ethical standards and appropriate internal controls. This Privacy Policy explains our online information practices and the choices you can make about the way your information is used at our Website (defined below). This Privacy Policy governs the usage of data provided by you through your direct use of our Website. By using the Website or by providing Company with information through the Website, you consent to the data practices described in this statement.
You do not have to provide any Personally Identifiable Information to browse the Website. However, you may voluntarily send us information from the Website, including Personally Identifiable Information. Accordingly, with your consent, we may collect Personally Identifiable Information about you from the following sources: Information you give us through a contact page, registration form, questionnaires, online interviews, intra-site messaging, or other forms on the Website;
Information you send us by any medium, including texts, mail, telephone, and social media interaction; or
If you use a mobile device platform to access the Website or to communicate with Us, information transmitted from your mobile device.
You will not share, provide or transmit to the Website any protected health information (i.e., PHI), as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, as amended, and inclusive of the
Privacy Rule, Security Rule, Breach Notification Rule and Enforcement Rule (45 CFR Parts 160 and 164) promulgated by the United States Department of Health and Human Services. However, Company is Coved Entity, as that term is defined under HIPAA, and outside of your use of the Website, you may share, provider, and/or transmit PHI to Company and in that event, Company will comply with HIPAA.
Company collects and processes certain voluntarily submitted Personally Identifiable Information for or to enhance the Website or Company's educational, networking, marketing, social, and other business purposes. We may also use Personally Identifiable Information to provide you information regarding news or legal developments we believe may interest you. Such Personally Identifiable Information is not shared with entities outside of Company other than service providers who assist Company in carrying out these business functions or service providers who assist Company in providing requested services or products. Company may also share Personally Identifiable Information and other data with its service providers, which may include, contractors, consultants and vendors, to help us perform statistical analysis, send you email, newsletters, marketing material, postal mail, provide customer support, arrange for deliveries, operation of the Website technology, internal operations, marketing services, and other related services; unless you have opted-out of such sharing with these service providers. Company keeps track of the pages you visit within the Website for statistical purposes, marketing, site optimization, operational decisions, and law enforcement purposes. This data may also be used to deliver customized content within the Website. Company will disclose your Personally Identifiable Information, without notice, for the purpose of preventing criminal activity or disclosing criminal activity, or any other wrongful conduct. Company will also disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Company or the site; (b) protect and defend the rights or property of Company; (c) comply with a governmental regulation or lawful demand; and (d) act under exigent circumstances to protect the personal safety of users of Company, or the public.
The Website may send a “cookie” to your computer. A cookie is a small piece of data sent to your browser from a web server and stored on your computer's hard drive. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies do not damage your system. Cookies allow us to recognize you as a user when you return to the Website using the same computer and web browser. We use cookies to identify which areas of our site you have visited. we also may use this information to better personalize the content you see on the Website. Company does not store unencrypted Personally Identifiable Information in the cookies. We also do not link Non-Personal Information from cookies to your Personally Identifiable Information. To help us optimize the Website, we may allow other authorized third-parties to place or recognize unique cookies on your browser. Any information provided to third-parties through cookies will not be Personally Identifiable Information, but may provide general segment information to enhance your user experience by providing more relevant marketing. Third-party services and tools we use and which may send cookies to users of the Website, and to collect certain information from users, include: Google Analytics: Google Analytics collects information
such as how often users visit the Website, what pages they visit when they do so, and what other sites they used prior to coming to the Website. We use the information we get from Google Analytics only to improve the Website. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other identifying information. You can review Google’s Privacy Policy at https://www.google.com/policies/privacy/. We do not combine the information collected through Google Analytics with Personally Identifiable Information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Website, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Website by disabling cookies on your browser (see below). Adobe Creative Cloud (Typekit): The Adobe Creative Cloud (Typekit) is operated by Adobe. The Adobe Creative Cloud (Typekit) collects anonymous data (ad views, analytics, browser information, cookie data, date/time, serving domains, interaction data and page views), pseudonymous data (IP Address (EU PII), Device ID (EU PII), PII (name, address, phone number, email address, EU- IP address, EU-unique device ID ), sensitive (financial information). Aggregate and anonymous data is shared by Adobe with 3rd parties. The Adobe Creative Cloud (Typekit) Privacy Policy can be found at:
http://www.adobe.com/privacy/policies/typekit.html. Each of the above-listed services and tools listed is governed by the Privacy Policy established by the respective third party provider. We encourage you to refer to such policies, which are linked to above in the description of each service. Some browsers may allow you to manage the storage of cookies on your device. If supported by your browser, you may set your browser to refuse all cookies (or, sometimes all third-party cookies) or to alert you when a cookie is set. However, if you select these settings, you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies. For more information about how to manage your cookies preferences, use the ‘help’ menu of your web browser or explore the customer support sections of your web browser. To opt-out of all cookies or certain advertising cookies, visit the company website for your browser. Here are links to some browsers’ websites:
Google Chrome: www.google.com
Internet Explorer: support.microsoft.com
Mozilla Firefox: support.mozilla.org
Safari: support.apple.com
Opera: www.opera.com
Your browser may provide you with the option to send a “Do Not Track” signal to websites you visit. This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation. At the current time, the Website is not programmed to recognize Do Not Track signals, so the Website will not treat you differently if we receive such signals from your browser and we may not comply with Do Not Track settings on your browser.
If Company makes available to you the ability to comment on content from the Website, post content to the Website, or publish content on a third-party website through a link on the Website, then any information you post will be visible to the public and any Personally Identifiable Information you post may be read, collected and used by third-parties that are not obligated to the terms of this Privacy Policy. Company is not responsible for any information you share about yourself to the public through the Website and Company has no responsibility to remove or edit information you publish or post to the Website. Further, through the use of APIs (i.e., application programming interfaces) that we may utilize, any information you post or publish on or through the Website may be available on other websites or blogs. Company is not responsible for any personal information you choose to make public through posting or publishing content on or through the Website, and you agree that such sharing of information will be deemed to have been done by you, not Company.
Our Privacy Policy does not apply to any information you may send to Company by email or instant messaging programs (e.g., AOL, Yahoo, etc.), or through social media networks, even if you open such programs or services by clicking a link displayed on the Website. Email, social media, and instant messages are not recognized as secure communication forms (e.g., they are not encrypted) and any information sent through such means is sent on a non confidential basis at your risk. Please do not send any information you consider private to us by email or instant message or through social media sites (e.g., Twitter, Facebook, etc.) due to the public nature of such postings. Transmission of email correspondence to Company does not create any type of relationship between you and Company, nor is it intended to do so. Company is not responsible for the security of any information transmitted using any email address affiliated with or provided on the Website. If you email Company or any of its employees or contractors, you acknowledge that you are aware of the above-mentioned risks of using email, you accept and agree to such risks and you agree to receive responsive email communications from Company and its employees and contractors.
The Website may contain links to other websites. Company is not responsible for the actions, practices, or content of websites linked to or from the Website. You understand such websites may require you to agree to their terms of use and that we have no control over these terms. As always, you understand it is your responsibility to verify your legal use of a website, and use of information from the website with the corresponding website owner.
Company may combine Non-Personal Information you provide through the Website with information from other users to create aggregate data. Aggregate data does not (i) contain any information that could identify you, or (ii) include your personal contact information.
Company will not disclose your Personally Identifiable Information, except as otherwise permitted by this Privacy Policy or written agreement. We require parties with whom we share aggregate data to agree they will not attempt by any means or use of other parties to transform such information into Personally Identifiable Information.
Except as set forth in 2.C. above and as set forth below or as specifically agreed to by you, Company will not disclose any Personally Identifiable Information gathered from you on the Website.
Company fully complies with the federal CAN-SPAM Act. You can always opt out of receipt of further email correspondence from us. You can elect not to receive emails from us by following the unsubscribe instructions at the bottom of the email or by contacting us as indicated below.
If ownership of the Website or its assets changes, whether in whole or in part, information collected through the Website about you may be transferred to the new owner so the
Website and any service provided through or related to the Website can continue. In that case, your user information would remain subject to the terms and conditions of our then current Privacy Policy.
Under Section 1798.83 of the California Civil Code, residents of California can obtain certain information from companies with whom they have an established business relationship. That information is about the Personally Identifiable Information those companies have shared with third-parties for direct marketing purposes during the preceding calendar year. The law requires companies to inform consumers about the categories of Personally Identifiable Information shared with third parties, the names and addresses of those third-parties, and examples of the services or products marketed by those third-parties. To request a copy of the information disclosure provided by Company under Section 1798.83 of the California Civil Code, please contact us via email to info@elitewoundcareconsultants.net.
Company takes special care to protect the privacy needs of children under the age of 13 and Company encourages parents to be an active participant in their child’s online activities. Company abides by the Children’s Online Privacy Protection Act (COPPA) and other relevant laws. The Website does not target and is not intended for children under the age of 13, and Company will not knowingly collect Personally Identifiable Information from them. If Company discovers personal data from a child gathered through the Website, Company will eliminate that data. This Website is not intended for persons under the age of 18. If you are under 18, you must ask a parent or legal guardian for permission prior to submitting any information to this Website. If you have knowledge that a child 13 years of age or younger has submitted Personally Identifiable Information to Us, please contact us and we will delete the Personally Identifiable Information collected belonging to that child. You may contact us via email or by writing to us at the address below. Parents and guardians can also telephone us at the address or telephone number provided below, but before any information is disclosed, the parent will be required to provide the parent’s name and email address for verification. We will only send the information to the parent email address in the registration file. We will never require the disclosure of a Minor’s personal information.
If you are an individual you may have certain rights under applicable data protection legislation, including the right to review and correct the personal data we hold about you. Unless you reside in California or another jurisdiction that requires us to provide the information without charge, we may charge you a fee to receive a copy of this data. For a copy of or reasonable access to your personal data please contact us at the address below.
This is our entire Privacy Policy for the Website and it supersedes any earlier version. You agree to it every time you use the Website. If we materially change this Privacy Policy, we will notify you by email or by posting a prominent notice on the Website before the change becomes effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Website or Service constitutes your agreement to be bound by any changes to this Privacy Policy. Your only remedy, if you do not accept this Privacy Policy, is to discontinue using the Website and Services. Changes to the way we use or disclose Personally Identifiable Information will apply on a going-forward basis, unless we have your express consent to change the way we use or disclose the Personally Identifiable Information we collected when the earlier version of this Privacy Policy was in effect.
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the Personally Identifiable Information we collect, we have implemented physical, electronic, and administrative procedures. These measures are based on commercially reasonable standards that similar companies use. NO DATA TRANSMITTED OVER THE INTERNET, HOWEVER, CAN BE GUARANTEED TO BE 100% SECURE AT ALL TIMES. Although we have implemented security measures to protect your Personally Identifiable Information, we cannot and do not guarantee the security of such information.
Company welcomes your comments or questions regarding this Privacy Policy. If you have any questions regarding this Privacy Policy or any other policies, you may contact us by mail or email at:
Elite Wound Care Consultants, LLC
10869 N. Scottsdale Rd #103-222
Scottsdale, AZ 85254
Phone: (480)-688-1350
Email: info@elitewoundcareconsultants.net
Please allow a reasonable period of time for us to process your requests to opt out of any data collection practice, to opt-out of emails, or to your request to review and edit any of your Personally Identifiable Information. Whether or not you choose to opt out, Company may share identifying information and information about your transactions and experiences within Company’s affiliate companies.
EFFECTIVE DATE: October 1st, 2023
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THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
NOTICE OF PRIVACY PRACTICES
REVISED DATE August 27th, 2024
Elite Wound Care Consultants, LLC
And Medical Affiliates
[Sometimes referred to in this Exhibit as the “practice”]
OUR COMMITMENT TO YOUR PRIVACY
Our practice is dedicated to maintaining the privacy and security of your “protected health information” or “PHI”. As used in this Notice, the terms “Protected Health Information” and “PHI” refer to your “individually identifiable health information” (“IIHI”), including demographic information, created or received by us in any form, relating to your past, present or future physical or mental health condition or provision of health care.
It is the policy of the practice that all physicians, staff and business associates preserve the integrity, security and the confidentiality of PHI. In conducting our business, we will create records relating to you and the treatment and services we provide to you.
We also are required by law to provide you with this Notice of our legal duties and the privacy practices that we maintain in our practice concerning your PHI. By federal and state law, we must follow the terms of the notice of privacy practices that we have in effect at the time.
We realize that these laws are complicated, but we must provide you with the following important information:
• How we may use and disclose your PHI
• Your privacy rights in your PHI
• Our obligations concerning the use and disclosure of your PHI
The terms of this notice apply to all records containing your PHI that are created or retained by our practice. We reserve the right to revise or amend this Notice of Privacy Practice and the revised Notice will be in effect the date it was revised. Any revision or amendment to this Notice will be effective for all of your records that our practice has created or maintained in the past, and for any of your records that we may create or maintain in the future. Our practice will post a copy of our current Notice in our offices, and you may request a copy of our most current Notice at any time.
A. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
For further information, please contact our owner, Alyssa Flores.
B. HOW WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION (PHI) FOR PURPOSES OF TREATMENT, PAYMENT AND HEALTH CARE OPERATIONS
The following categories describe the different ways we may use and disclose PHI for treatment, payment, or health care operations (TPO). The examples included with each category do not list every type of use or disclosure that may fall within that category.
1. Treatment. We may use and disclose PHI about you to provide, coordinate or manage your health care and related services. We may consult with other health care providers regarding your treatment and coordinate and manage your healthcare with others. Many of the people who work for our practice – including, but not limited to, our providers and clinical staff– may use or disclose your PHI in order to treat you or to assist others in your treatment. In addition, we may use and disclose PHI about you when referring you to another health care provider. We will communicate with individuals directly involved in your care, e.g. your spouse, adult sibling, relative or caregiver to confirm appointments or relay laboratory or biopsy results.
2. Payment. Our Practice may use and disclose your PHI in order to bill and collect payment for the services and items you may receive from us. For example, we may contact your health insurer to certify that you are eligible for benefits (and for what range of benefits), and we may provide your insurer with details regarding your treatment to determine if your insurer will cover, or pay for, your treatment. We also may use and disclose your PHI to obtain payment from third parties that may be responsible for such costs, such as family members. Also, we may use your PHI to bill you directly for services and items.
3. Health Care Operations. Health care operations include a broad range of activities. As examples of the ways in which we may use and disclose your information for our health care operations, our Practice may use your PHI to evaluate the quality of care you received from us, or to conduct cost-management and business planning activities for our practice or
to assist in training our healthcare service providers or in confidential preceptor activities with pharmaceutical representatives. Some other examples of how your PHI may be used or disclosed in our health care operations include: reviewing and evaluating the skills, qualifications, and performance of health care providers by providing training programs for students, trainees, health care providers, or non-health care professionals; cooperating with outside organizations that evaluate, certify or license health care providers or staff in a particular field or specialty and assisting with legal compliance or legal defense activities of our practice. We may also disclose your PHI to other health care providers and entities to assist in their health care operations.
C. OTHER TYPES OF USES/DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION THAT MAY OCCUR WITHOUT YOUR WRITTEN AUTHORIZATION
In addition to the various uses and disclosures of your PHI which routinely occur incident to treatment, payment, and health care operations activities, we are sometimes required or permitted by law to make other types of uses and disclosures of your PHI, most of which do not require your written authorization. Some uses and disclosures, for which neither an authorization, nor an opportunity to agree or object are required, are summarized in this Section D below.
The following categories describe various scenarios in which we may use or disclose your PHI without your written authorization:
1. Child or adult Abuse and Risks to Public Health. Our practice may disclose your PHI to public health or governmental authorities that are authorized by law to collect information for the purpose of:
• Reporting child abuse or neglect.
• Notifying appropriate government agencies and authorities regarding the potential abuse or neglect of an adult patient (including domestic violence); however, we will only disclose this information if the patient agrees or we are required or authorized by law to disclose this information.
2. Health Oversight Activities. Our practice may disclose your PHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure and disciplinary actions; civil, administrative, and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws and the health care system in general.
3. Lawsuits and Similar Proceedings. Our practice may use and disclose your PHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. We also may disclose your PHI in response to a discovery request, subpoena, or other lawful process by another party involved in the dispute. We will make an effort to inform you of the request at your last known telephone number. In some instances, we may endeavor to obtain an order protecting the information the party has requested.
4. Law Enforcement. We may release PHI if asked to do so by a law enforcement official regarding a crime: • Regarding a crime victim in certain situations, if we are unable to obtain the person’s agreement • Regarding criminal conduct or threats of violence at our offices
• In response to a warrant, summons, court order, subpoena or similar legal process
• To identify/locate a suspect, material witness, fugitive or missing person.
5. Deceased Patients. Our practice may release PHI to a medical examiner or coroner to identify a deceased individual or to identify the cause of death. If necessary, we also may release information in order for funeral directors to perform their jobs. We may also disclose a decedent’s protected health information to family members and others who were involved in the care or payment of care of the decedent prior to death, unless doing so is inconsistent with any prior expressed preference of the individual that is known to the practice.
6. Organ and Tissue Donation. Our practice may release your PHI to organizations that handle organ, eye or tissue procurement or transplantation, including organ donation banks, as necessary to facilitate organ or tissue donation and transplantation if you are an organ donor.
7. Research. Our practice may use and disclose your PHI for research purposes in certain limited circumstances. We will obtain your written authorization to use your PHI for research purposes except when an Internal Review Board or Privacy Board has determined that the waiver of your authorization satisfies the following: (i) the use or disclosure involves no more than a minimal risk to your privacy based on the following: (A) an adequate plan to protect the identifiers from improper use and disclosure; (B) an adequate plan to destroy the identifiers at the earliest opportunity consistent with the research (unless there is a health or research justification for retaining the identifiers or such retention is otherwise required by law); and (C) adequate written assurances that the PHI will not be re-used or disclosed to any other person or entity (except as required by law) for authorized oversight of the research study, or for other research for which the use or disclosure would otherwise be permitted; (ii) the research could not practicably be conducted without the waiver; and (iii) the research could not practicably be conducted without access to and use of the PHI.
8. Serious Threats to Health or Safety. Our practice and laboratories may use and disclose your PHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat.
9. Specialized Government Functions. Uses and disclosures for specialized government functions include but are not limited to: (A) We may use and disclose protected health information of individuals who are Armed Forces personnel for activities deemed necessary by appropriate military command authorities to assure the proper execution of the military mission, (B) We may use and disclose the protected health information of individuals who are foreign military personnel to their appropriate foreign military authority for the same purposes for which uses and disclosures are permitted for Armed Forces personnel, (C) We may disclose protected health information to authorized federal officials for the conduct of lawful intelligence, counter-intelligence, and other national security activities, and/or (D) We may disclose to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual protected health information about such inmate or individual.
10. Workers’ Compensation. We may disclose your protected health information as authorized by and to the extent necessary to comply with laws relating to workers' compensation or other similar programs.
D. USES AND DISCLOSURES WE CAN MAKE WITHOUT YOUR WRITTEN AUTHORIZATION, FOR WHICH YOU HAVE THE OPPORTUNITY TO AGREE OR OBJECT.
We may use and disclose PHI about you in some situations where you have the opportunity to agree or object to certain uses and disclosures of PHI about you. If you do not object, then we may make these types of uses and disclosures of PHI.
Individuals Involved in Your Care or Payment for Your Care: We may disclose PHI about you to your spouse, family member, adult sibling, close friend, or any other person identified by you, if that information is directly relevant to the person’s involvement in your care or payment for your care. If you are not present or you are unable to consent or object, we may exercise professional judgment in determining whether the use or disclosure of PHI is in your best interests.
E. INCIDENTAL USE AND DISCLOSURE.
The Privacy Rule does not require protection that every risk of incidental use or disclosure of protected health information that occurs as a result of, or as “incident to”, an otherwise permitted use or disclosure, as long as the Practice has adopted reasonable safeguards as required by the Privacy Rule, and the information being shared was limited to reasonably necessary to accomplish the purpose for which the disclosure is sought, as required by the Privacy Rule.
F. USES AND/OR DISCLOSURES OF YOUR PROTECTED HEALTH INFORMATION THAT REQUIRE WRITTEN AUTHORIZATION OR CONSENT:
1. Other than those uses and disclosures which we may encounter in the course of treatment, payment, and health care operations and those additional uses and disclosures which we are required or permitted to make by law without your authorization or consent, we will not make other uses or disclosures of your protected health information without your written authorization. This includes most uses and disclosures of psychotherapy notes, uses and disclosures of protected health information for marketing purposes, and disclosures that constitute a sale of protected health information. Authorizations which are required for such purposes must contain, in plain language, specific descriptions of the information you want disclosed, to whom, your authorized purposes, and the duration of such authorization. Any written authorization you give us for such purposes may be revoked by you at any time, in writing, except to the extent we have taken action in reliance thereon.
2. You also have the right to restrict certain disclosures of protected health information to a health care plan where the individual pays out of pocket in full for the health care item or service.
G. OTHER RELEVANT PRACTICES.
1. Consent to email and text for appointment reminders and other healthcare services: We will use your e-mail address, phone number and cellular number to contact. By providing your email and phone number(s) you are consenting to contact by e-mail, phone call and/or text message (message and data rates may apply). Our office may contact you to remind you of an appointment, to obtain feedback on your experience with our healthcare team, and to provide general health and wellness reminders. By providing authorization to be contacted via SMS text, we may send you pertinent information about your health and/or access to an online secure portal to review test results. Please note, there are risks with communicating personal information over an unencrypted channel. Message frequency will vary. Your consent also permits us to leave a detailed message on your answering machine or voicemail. Your consent acknowledges that you understand the privacy risks involved with these methods of communication. To cancel this consent, you must notify us in writing of your objections. You may opt out from receiving contact by e-mail or text appointment at any time by writing to the Privacy Officer, Impact Health Providers, LLC, 10869 N. Scottsdale Road, #103-222, Scottsdale, Arizona, 85254.
2. Biopsy or Laboratory results: Unless you object, our office may contact you regarding biopsy or lab work results. The form of contact may be by letter or personal phone call. We may leave a detailed message on your voice mail or communicate the results to your spouse, family member or individual involved in your care.
3. Request for Records to be sent. Except as otherwise specified above with regard to disclosures of protected health information required or permitted by law, you will be required to sign a release if you want copies of your PHI sent outside our office or released directly to you. You have the right to request that your protected health information be sent to you via electronic mail, so long as you acknowledge in writing that you are aware of the risk of unauthorized disclosure and assume all risk related to your request. You have the right to revoke any authorization to disclose this information at any time. In the event the Practice converts to Electronic Medical Records, you have a right to request and obtain an electronic copy of your medical record in a comparable format.
H. YOUR RIGHTS REGARDING YOUR PHI
1. Confidential Communications. You have the right to request that our practice communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than work. You do not need to give a reason for your request. Our practice will endeavor to accommodate reasonable request, however, we are not required to do so.
In order to request a type of confidential communication, you must make a written request to our Privacy Officer, Elite Wound Consultants, LLC, 10869 N. Scottsdale Road, #103-222, Scottsdale, Arizona, 85254, specifying (i) the office where you customarily receive treatment; (ii) the requested method of contact; & (iii) the location where you wish to be contacted.
2. Right to Request Restrictions. You have the right to request restrictions on certain uses and disclosures of your PHI. In order to request a restriction in our use or disclosure of your PHI, you must make your request in writing to our Privacy Officer, Elite Wound Care Consultants, LLC, 10869 N. Scottsdale Road, #103-222, Scottsdale, Arizona, 85254.
Your request must describe in a clear and concise fashion:
(a) the information you wish restricted;
(b) how you want to restrict the information (for example, whether you are requesting to have the restriction apply only to disclosures outside the Practice, only to uses by the Practice, or to both);
(c) to whom you want the limits to apply; and how long you want the restrictions to apply.
3. We are not required to agree to your request. However, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies, or when the information is necessary to treat you. We will also notify you if we do not agree to your written request.
4. Right to Inspect and Obtain Copies. You have the right to inspect and obtain a copy of the PHI that may be used to make decisions about you, including patient medical records and billing records, but not necessarily including psychotherapy notes. You must submit your request in writing to our Privacy Officer, Elite Wound Care Consultants, LLC, 10869 N. Scottsdale Road, #103-222, Scottsdale, Arizona, 85254 in order to inspect and/or obtain a copy of your PHI. The practice may deny an individual access in certain specified situations, such as when a health care provider believes access could cause harm to the individual or another. In such situations, the individual has the right to have such denials reviewed by a licensed health care professional for a second opinion. We may charge a fee for the costs of copying, mailing, labor and supplies associated with your request. Our practice may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. If you request a review of our denial, a licensed health care professional chosen by us will conduct reviews.
5. Right to Amend. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for our practice. To request an amendment, your request must be made in writing and submitted to our Privacy Officer, Elite Wound Care Consultants, LLC, 10869 N. Scottsdale Road, #103-222, Scottsdale, Arizona, 85254.
You must provide us with a reason that supports your request for amendment. Our practice will deny your request if you fail to submit your request (and the reason supporting your request) in writing.
Also, we may deny your request if you ask us to amend information that is in our opinion: (a) accurate and complete; (b) not part of the PHI kept by or for the practice; (c) not part of the PHI which you would be permitted to inspect and copy; or (d) not created by our practice, unless the individual or entity that created the information is not available to amend the information.
6. Right to Accounting of Disclosures. All of our patients have the right to request an “accounting of disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has made of your PHI for non-treatment, non-payment or non-operations purposes.
All requests for an “accounting of disclosures” must state a time period, which may not be longer than six (6) years from the date of disclosure.
Use of your PHI as part of the routine patient care in our practice is not required to be documented. For example, the doctor shares information with the support staff; or the billing department using your information to file your insurance claim.
In order to obtain an accounting of disclosures, you must submit your request in writing to our Privacy Officer, Elite Wound Care Consultants, LLC, 10869 N. Scottsdale Road, #103-222, Scottsdale, Arizona, 85254 The first list you request within a 12-month period is free of charge, but our practice may charge you for additional lists within the same 12-month period. Our practice will notify you of the costs involved with additional requests, and you may withdraw your request before you incur any costs.
7. Right to be informed of Breach. You are entitled to receive notifications of breach of your unsecured protected health information under certain circumstances.
8. Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of our notice of privacy
9. Right to File a Complaint. If you believe your privacy rights have been violated, you may file a complaint with our practice or with The Office of Civil Rights, Department of Health and Human Services. To file a complaint with our practice, contact the Privacy Officer, Elite Wound Care Consultants, LLC, 10869 N. Scottsdale Road, #103-222, Scottsdale, Arizona, 85254, Phone: (480)-688-1350, Fax: (833)-422-2184. All complaints must be submitted in writing. You will not be retaliated against for filing a complaint.
