Terms of Service
AS DIRECTED PLUS, LLC
TERMS OF SERVICE FOR
TOTAL LINKED CARE MEMBERSHIP
Welcome to your Total Linked Care (TLC) Membership! Your monthly subscription gives you access to your TLC Membership. Please read the following information to learn more about our website(s) (including https://www.totallinkedcare.com), products, services and applications (collectively, the “Membership”) including, without limitation, the Dose Connect Software Management Program (“Software”) and Total Linked Care (“Dispenser”). For the avoidance of doubt, any reference to “Membership” shall include, as applicable, the Software and Dispenser. If you have any questions, comments, or concerns regarding these Terms of Service or the Membership, please contact us at email@example.com.
Please read these Terms carefully. They cover important information about the membership provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
Thank you for selecting the Services offered by As Directed Plus, LLC. Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal binding agreement between you and As Directed Plus, LLC. By accepting electronically (for example, clicking “I Agree”), accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
WHAT IS TOTAL LINKED CARE
Total Linked Care is a connected care service for individuals who desire a simple and secure way of managing and taking daily medications. Our patented dispenser utilizes our cartridge and dose package dispensing method. The Dispenser and Software assist you with your caregiving needs with medication management by dispensing medication in dose packages and providing reminders to medications (whether or not they are stored in the Dispenser such as liquid medications), and other activities of daily living (talk a walk, drink water, etc.).
TOTAL LINKED CARE DOES NOT PROVIDE ANY MEDICAL ADVICE OR ANY MEDICAL SERVICES. THE MEMBERSHIP IS NOT A REPLACEMENT OR SUBSTITUTE FOR THE GUIDANCE OF HEALTHCARE PROFESSIONALS. THE MEMBERSHIP IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, PHARMACY OR OTHER HEALTHCARE ADVICE BY TOTAL LINKED CARE.
CRITICAL MEDICATIONS SHOULD NOT BE USED IN THE DISPENSER. DO NOT USE THE MEMBERSHIP FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911.
YOUR USE OF THE MEMBERSHIP IS NOT A SUBSTITUTE FOR HEALTHCARE. NO DOCTOR-PATIENT OR PROVIDER-PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE MEMBERSHIP OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE MEMBERSHIP OR THROUGH ANY OTHER COMMUNICATIONS FROM AS DIRECTED PLUS, LLC.
You understand and agree that the health information and other Content appearing with your Membership is for informational purposes only. IF YOU RELY ON ANY CONTENT ASSOCIATED WITH YOUR MEMBERSHIP, YOU DO SO SOLELY AT YOUR OWN RISK. The Membership is not meant to diagnose or treat any conditions, and the information provided through the Membership is not intended to advocate the use of one treatment or drug over another – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. We encourage you to independently confirm any Content relevant to you with other sources, including a primary care physician or any other healthcare professional, relevant medical associations and your state medical boards. You should see your healthcare provider for any medical condition. Consult your physician before taking any drug or changing or stopping any course of treatment.
When using the Dispenser, it is your sole responsibility to load the medications by dose times into the packages and then into the cartridge. In the event the Dispenser does not operate properly, medications can be accessed manually through side locked door.
Please store the Dispenser and the medications in a safe place. You are solely liable for any unauthorized access to the Dispenser and the medications. As Directed Plus, LLC, will not be liable for any injury or damages resulting or arising from, or related to, the use of the Membership (even if unauthorized) whatsoever, except for the replacement obligation in the Limitation of Liability provisions.
You agree to use the Membership only for purposes permitted by these Terms, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. The Membership, or any feature or part thereof, may not be available in all languages or in all countries and As Directed Plus, LLC, makes no representation that the Membership or any feature or part thereof, are appropriate or available for use in any particular location. To the extent you choose to access and use the Membership, you do so at your own risk and are responsible for compliance with any applicable laws.
Title: Title to the Dispenser will remain with As Directed Plus, LLC, at all times. At the termination of services, the Dispenser will be returned to us in postage paid packaging which will be provided by As Directed Plus LLC.
Shipping: When you place an order for a product (including a Dispenser) through our Store, the product will be shipped to the address you designate as the “Shipping Address” during the check-out process.
Gift and Offer Codes: From time to time, As Directed Plus, LLC may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on the website, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by As Directed Plus, LLC in its sole discretion. Only valid offer codes provided or promoted by As Directed Plus, LLC will be honored at checkout. Codes supplied or promoted by third parties unauthorized by As Directed Plus, LLC (including any unauthorized third-party websites) will not be considered valid. Each offer code promoted by As Directed Plus, LLC is non-transferable and valid for single use on an item (or items) of merchandise as determined by As Directed Plus, LLC. TLC customers are limited to the use of a single offer code per order. Offer codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the code must be entered in the “offer code” field at checkout. As Directed Plus, LLC is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all the merchandise is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
Referral Program: From time to time, As Directed Plus, LLC may offer customers the opportunity to refer friends to participate in the TLC Referral Program. Full terms and conditions of the TLC Referral Program will be available upon launch of the program. Gift and Offer codes may not be used in conjunction with the TLC
The Membership (includes use of the Dispenser and use of Software and connected service) may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “Auto-Renewal for Paid Services” section below). Please see our Membership Cancellation Policy section for a description of the current Paid Services, our shipping terms, membership warranty and cancellation and refund policies. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Total Linked Care E-Commerce/Store: We may provide certain products (including the Dispenser) for sale/lease in our Store to individuals. None of the products in our Store are intended for resale or distribution, or for use outside of the United States.
Billing: We use Stripe, a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Membership (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. We also reserve the right to change our billing methods at any time; any changes to billing methods will be posted on or through our website or through directed communications. Your continued use of the Paid Services after changes have taken effect means that you accept such changes.
Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. All payments must be made in U.S. dollars.
Recurring Billing: Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment features and you accept responsibility for all recurring charges prior to cancellation.
Current Information Required: You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your account settings; however, this may temporarily disrupt your access to the Paid Services while As Directed Plus, LLC verifies your new payment information and may result in a change to your payment billing date. As Directed Plus, LLC is not liable for any loss caused by any unauthorized use of your credit card, debit card or any other method of payment by a third party in connection with your use of the Paid Services. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized: If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal for Paid Services: Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or cancel your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your membership until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Please see our Membership Cancellation Policy section for more information. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service by contacting customer service at firstname.lastname@example.org or 1-833-852-4968. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, As Directed Plus, LLC will not refund any fees that you have already paid.
Reaffirmation of Authorization: Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Membership Warranty: As part of your membership Your Dispenser and Service is covered by a membership warranty (the “Warranty”). The dispenser and parts are warrantied for the lifetime of your membership against material defect and workmanship. If you believe that your dispenser has a defect in materials or workmanship please contact: email@example.com or call 1-833-852-4968.
Limitations: The As Directed Plus, LLC membership warranty does not apply to defects resulting from any individual’s actions, such as mishandling and product abuse, dropping or knocking the product over, improper interfacing, operation outside of design limits, misapplication, improper repair, or unauthorized modification.
Replacement: As Directed Plus, LLC will initiate a video call to assess any issues and a new dispenser will be shipped out if deemed necessary with a return label to return the defective dispenser. Returns must be packaged per instructions provided by As Directed Plus, LLC. If the original packaging materials for the Dispenser are no longer available, a replacement set of packaging materials can be provided by As Directed Plus, LLC.
MEMBERSHIP SATISFACTION GUARANTEE
You will have 30 days to try the Dispenser risk-free. If you are not completely satisfied, you can return the Dispenser for a full refund. Returned products must not have visible damage or other physical flaws that are the result of improper use (including scratches and missing components). Please see Membership Cancellation Policy section for additional details.
WHAT ARE THE BASICS OF THE MEMBERSHIP
Please note that your use of and access to our Membership (defined below) are subject to the following terms. If you do not agree to all of the following, you may not use or access the Membership in any manner. By using our Membership, you will be deemed to have agreed to the terms. THESE TERMS INCLUDE AN ARBITRATION CLAUSE IN WHICH YOU AGREE, THAT ANY DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION UNLESS THE DISPUTE FALLS WITHIN AN EXCEPTION STATED IN THE ARBITRATION CLAUSE, WAIVE YOUR RIGHTS TO A JURY TRIAL, AND WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THE TERMS BELOW ALSO CONTAIN LIMITATIONS ON OUR WARRANTIES AND DAMAGES YOU SEEK AGAINST US.
You will be required to sign up for an account and select a password and username (“User ID”). You agree to provide us with accurate, complete, and updated registration information about yourself. You will be able to name the Dispenser when creating your account.
You represent and warrant that you are an individual of legal age and competence to form a binding contract (or if not, you have received your parent’s or guardian’s permission to use the Services and obtained your parent or guardian to agree to these Terms on your behalf). Your parent or guardian must also sign the document.
You will only use the Membership for you or your loved ones own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Membership is prohibited by applicable laws, then you are not authorized to use the Services. We cannot and will not be responsible for your using the Membership in a way that breaks the law.
Electronic Communications: As part of the Membership, you agree that As Directed Plus, LLC, may contact you by telephone, e-mail or SMS message, including for marketing purposes. You may opt out of receiving marketing communications from As Directed Plus, LLC, at any time, either by clicking the “unsubscribe” link at the bottom of an email, or reply “STOP” to any SMS messages, or by updating your preferences in your account. By signing up for the membership, you agree to receive communications from As Directed Plus, LLC and you represent and warrant that each person you register for the services or for whom you provide an e-mail address or wireless phone number has consented to receive communications from As Directed Plus, LLC. YOU AGREE TO INDEMNIFY AND HOLD AS DIRECTED PLUS, LLC, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR BREACH OF THE FOREGOING.
Linking additional Caregivers to your account: You may want another family member, friend, healthcare aide, or other trusted individual (“Caregiver”) to have access to your Total Linked Care account and help you with monitoring notifications. In order for a Caregiver to have access to monitoring notifications, the additional Caregiver must verify his/her email once you add them as a contact. Any Caregiver who is linked to your account must agree to these Terms, and will have deemed to have agreed, and any references to “you” or “your” will include Caregiver, to the extent applicable. You can revoke the Caregiver’s monitoring access at any time through your account settings. Note, that revoking a Caregiver’s monitoring access means that the Caregiver will no longer be able to assist with monitoring.
Your use of the Membership is subject to the following additional restrictions: You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Membership or interact with the Membership in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including As Directed Plus, LLC);
Violates any law or regulation, including, without limitation, any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your As Directed Plus, LLC account or anyone else’s (such as allowing someone else to log in to the Membership as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or deciphers any passwords or security encryption codes;
Runs Mail list, Listserv, any form of auto-responder or “spam” on the Membership, or any processes that run or are activated while you are not logged into the Membership, or that otherwise interferes with the proper working of the Membership (including by placing an unreasonable load on the Membership infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Membership or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content;
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Membership.
YOU AGREE TO INDEMNIFY AND HOLD AS DIRECTED PLUS, LLC, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR BREACH OF THE FOREGOING.
A violation of any of the foregoing is grounds for termination of your right to use or access the Membership.
WHAT ARE MY RIGHTS IN THE MEMBERSHIP
The materials displayed or performed or made available on or through the Membership, including, but not limited to; text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Membership, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including As Directed Plus, LLC) rights.
You understand that As Directed Plus, LLC owns the Membership. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Membership.
The Membership may allow you to copy or download certain Content; please remember that just because this functionality exists, do not mean that all the restrictions above don’t apply – they do!
If you send or transmit any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Membership, or any other communications, comments, questions, or related materials to As Directed Plus, LLC, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Services, all such Feedback is, and will be treated as, non-confidential and non-proprietary as to you.
You hereby assign all right, title, and interest in, and As Directed Plus, LLC is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and/or selling, directly or indirectly, Memberships using such Feedback.
You understand and agree that As Directed Plus, LLC is not obligated to use, display, reproduce, pay for or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, pay for or distribution.
MEMBERSHIP CHANGES/TERMS OF SERVICE CHANGES
We are constantly trying to improve our Membership services, so these Terms may need to change along with the Membership. We may suspend or discontinue any part of the Membership, or we may introduce new features or impose limits on certain features or restrict access to parts or all the Membership. We will try to give you notice when we make a material change to the Membership that could adversely affect you, but this is not always practical. Similarly, we reserve the right to remove any Content from the Membership at any time, for any reason (including, but not limited to, if someone alleges you contributed any User Submissions in violation of these Terms), in our sole discretion, and without notice.
We reserve the right to change the Terms at any time, but if we make any material change, we will bring it to your attention by placing a notice on our website: https://www.totallinkedcare.com, by sending you an email, and/or by some other means.
If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Membership. If you use the Membership in any way after a change to the Terms is effective, that means you agree to all the changes.
Except for changes by us as described herein, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
MEMBERSHIP CANCELLATION POLICY
You may cancel your Membership to Total Linked Care at any time by contacting As Directed Plus, LLC at firstname.lastname@example.org or by calling 1-833-852-4968.
As Directed Plus, LLC is also free to terminate (or suspend access to) your use of the Membership or your account, for any reason in our discretion, including your breach of these Terms. As Directed Plus, LLC has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. As Directed Plus, LLC also reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of Dispensers or other products available in our Store purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
If As Directed Plus, LLC is unable to successfully charge your credit card or payment account for any fees due, As Directed Plus, LLC reserves the right to revoke or restrict access to your Membership or terminate your account.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of As Directed Plus, LLC.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
For monthly plans, if you cancel your membership to Total Linked Care or change your membership plan, you will enjoy your membership until the expiration of the then-current membership term for which you have paid, and your membership benefits will expire at the end of the then-current membership term. We do not provide partial month refunds or credits. First time monthly membership purchases may be cancelled for a full refund within the first thirty (30) days of registering for a membership plan.
For annual plans, you may cancel your membership to Total Linked Care within the first thirty (30) days of registering for a full refund. Your membership benefits will expire at the end of the then-current annual membership term. You may opt-out of the automatic renewal for annual membership at any time by contacting email@example.com or by calling 1-833-852-4968.
Any fees paid by you prior to your cancellation are nonrefundable (except as expressly permitted otherwise by the Terms of Service), including any fees paid in advance for the billing cycle during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges. Upon cancellation of your membership to Total Linked Care you will lose access to the benefits of the plan and, after a period of time, As Directed Plus, LLC, will delete information and data stored as part of your account in accordance with our current plans and related storage limits.
WHAT ABOUT MY PRIVACY
All Membership offered by As Directed Plus, LLC, are intended for use by individuals who are at least 18 years old. We do not knowingly collect or solicit personally identifiable information from individuals under 18. If you are under 18 years old, please do not attempt to register for the Membership or send any personal information about yourself to us. By using or purchasing any Memberships from As Directed Plus, LLC, you represent that you are at least 18 years of age. A breach or violation of any of the terms will result in an immediate termination of your services and support. If we learn we have collected personal information from an individual under 18, we will delete that information as quickly as possible. If you believe that an individual under 18 may have provided us personal information, please contact us at firstname.lastname@example.org.
There is a Digital Millennium Copyright Act of 1998 (the “DMCA”), as it relates to online service providers, like As Directed Plus, LLC, which asks for the removal of material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Membership infringe your copyright, you (or your agent) may send As Directed Plus, LLC a “Notification of Claimed Infringement” requesting that the material be removed or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow As Directed Plus, LLC to locate the material on the Membership;
Your name, address, telephone number, and e-mail address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send As Directed Plus, LLC a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Services should be sent to: As Directed Plus, LLC, ATTN: DMCA Notice, 3900 Pelandale Avenue, PMB325, Modesto, CA 95356 or email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
If you have encountered a technical issue with your Dispenser, refer first to the technical troubleshooting content at https://www.totallinkedcare.com/support for assistance. If you are unable to resolve any technical issue, contact As Directed Plus, LLC at firstname.lastname@example.org or call 1-833-852-4968 during normal business hours. We will work together to resolve your problem as quickly as possible, usually within 24 hours. If we are unable to resolve the issue, As Directed Plus, LLC may authorize a replacement when the mechanical or technical performance of the Dispenser is determined to warrant replacement.
IMPORTANT LEGAL INFORMATION
Warranty Disclaimer: Neither As Directed Plus, LLC nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Membership, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Membership. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of products or services offered or purchased through the Membership.
LIMITATION OF LIABILITY CLAUSE
Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AS DIRECTED PLUS, LLC (OR ITS EMPLOYEES, OR OWNERS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY AMOUNT IN EXCESS OF THE LIMITATIONS STATED IN THIS LIMITATION OF LIABILITY CLAUSE INCLUDING DAMAGES FOR LOST PROFITS, LOST INCOME, MEDICAL EXPENSES, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, AND/OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU OR FOR YOU TO ADVANCED DIRECTED PLUS, LLC IN CONNECTION WITH THE SERVICES/LEASE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THESE LIMITATIONS SHALL BE VALID TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Membership account, in any way (by operation of law or otherwise) without As Directed Plus, LLC’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
ARBITRATION, CHOICE OF LAW, WAIVER OF RIGHT TO JURY TRIAL
Arbitration Agreement: Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with AS DIRECTED PLUS, LLC and limits the manner you can seek relief from us. Both you and As Directed Plus, LLC acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, As Directed Plus, LLC’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Arbitration Rules; Applicability of Arbitration Agreement: Any dispute arising out of or relating to the subject matter of these Terms (including but not limited to questions of arbitrability) shall be finally settled by binding arbitration in Stanislaus County, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS/Endispute LLC (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Small Claims Court: Furthermore, either you or As Directed Plus LLC may assert claims, if they qualify, in small claims court in Stanislaus County, California.
Waiver of Jury Trial: YOU AND AS DIRECTED PLUS, LLC, WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and As Directed Plus, LLC are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to a limited review by a court. In any litigation between you and As Directed Plus, LLC over whether to vacate or enforce an arbitration award, YOU AND AS DIRECTED PLUS, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This waiver does not apply to arbitrations seeking private injunctive relief for the benefit of individuals or of a discrete class of consumers. If, however this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration, instead all claims and disputes will be resolved in a court as set forth below.
Opt-out: You have the right to opt out of the provisions of this opt out provision by sending written notice of your decision to opt out to the following address: email@example.com postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
Exclusive Venue: If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or As Directed Plus, LLC to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and As Directed Plus, LLC agree that any judicial proceeding will be brought in the state or federal courts having jurisdiction over Stanislaus County California. In the event you opt out, you agree that YOU AND AS DIRECTED PLUS, LLC WAIVE ANY RIGHTS TO A JURY TRIAL.
Choice of Law: These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of law provisions thereof.
Miscellaneous: You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Membership, provided that As Directed Plus, LLC may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and As Directed Plus, LLC agree that these Terms are the complete and exclusive statement of the mutual understanding between you and As Directed Plus, LLC, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of As Directed Plus, LLC, and you do not have any authority of any kind to bind As Directed Plus, LLC in any respect whatsoever.
Except as expressly set forth in the sections above, you and As Directed Plus, LLC agree there are no third-party beneficiaries intended under these Terms.
LEGAL AUTHORITY: I accept these Terms as the individual that will use the Membership or if I am not, I am duly authorized to accept these Terms on behalf of the individual that will use the Membership. Please sign electronically and email document back to As Directed Plus LLC.
Signature of Client, Parent, or Legal Guardian Date
US Patent 10,682,284 B2, Canadian Patent 3005207