THORO CARE Customer Services Agreement

By clicking below, you (“Client”) offer to purchase the Services (as defined herein) from THORO CARE Inc., a Delaware corporation (“Company or “THORO CARE”), on the terms set forth in this Customer Services Agreement (this “Agreement”). This Agreement shall only be effective when THORO CARE indicates its acceptance of your offer, either in writing or by commencement of Services (as defined below). By clicking below, you hereby agree to the terms of the THORO CARE Privacy Policy https://thorocare.com/privacy-policy/.

1. Services.  

a) Company shall provide services for Client or a designee of Client, as specified (the “Services”).

b) If Client requests a change in the Services, Company shall consider such change and, if acceptable, provide Client with an amended list of Services describing the change in the Services and corresponding price adjustment, if any.  If Client and Company cannot agree upon the specified changes, Company shall not be obligated to implement the requested change to the Services and Client shall have the right to terminate this Agreement as provided in Section 2(a). Services described or offered by Company can be amended in whole or in part or terminated at any time at the sole discretion of Company, and some services may not be made available in all geographic areas.

2. Termination.  

a) The Parties may terminate this Agreement at any time upon mutual written consent, or by either Party for any or no reason upon thirty (30) days advance written notice. 

b) If this Agreement is terminated prior to the completion of the Services, all compensation, fees, costs and other benefits accrued or earned by Company up to and including the date of the termination, shall be paid to and/or retained by THORO CARE, including but not limited to, reimbursement of any non-cancelable commitments entered into by Company in connection with the provision of the Services, and any annual fee paid as of the date of termination. Notwithstanding the foregoing, if THORO CARE terminates this Agreement pursuant to Section 2(a) above, Client shall be entitled to a pro-rata refund of any annual fee paid as of the date of termination, with such refund corresponding to the time remaining in the annual period after the date of termination.  Payments will be made with respect to each item of compensation within thirty (30) days of receipt of invoice from the Company by Client.  

3. Compensation; Payment Terms

a) As compensation for the Services rendered by THORO CARE, Client shall pay to Company the fees set forth [on the fees page HERE: https://thorocare.com/our-plans/. If paying by digital wallet, debit card, or credit card, Client gives Company permission to automatically charge Client’s credit card or debit card, including any unpaid charges. Company shall be authorized to make all charges at the time they are due.

b) Client hereby agrees not to make any chargebacks to THORO CARE’s account. Client further agrees to not cancel the debit or credit card provided as security without concurrent notice to Company at the time such card is cancelled and the furnishing of replacement card information. Client is responsible for any fees associated with recouping payment on chargebacks and any other fees in connection with Company’s collection of payment hereunder.

4. Services - Independent Contractors.  

a) Client acknowledges that all third parties introduced to Client in connection with the Services are independent from, and not agents of, THORO CARE.  No third party has any right or authority to create any obligation, representation, or responsibility on behalf of THORO CARE. 

b) Client acknowledges Company makes no representation or warranty, express or implied, as the accuracy or completeness of any work product of any third party. Client acknowledges that Company does not endorse and agrees that Company is not responsible for nor liable for, any information, data, advertising, product, service, or other correspondence or business dealings, from, through, or with any third party, including those third parties interacting with Client as a part of the Services. Client agrees that they will make whatever investigation or other step that they deem necessary or desired before hiring or engaging any third-party contractor relating to the Services.

c) Company is not a health or wellness provider. Reliance on any information provided by Company, its employees, and any third parties through the Services is solely at your own risk.

d) It is the policy of the Company to conduct its affairs in strict compliance with the letter and spirit of the law and to adhere to the highest principles of business ethics. Accordingly, the Company agrees to avoid activities which are in conflict with these principles, or which constitute a conflict of interest. In cases where Client has pre-existing relationships with trusted business advisors and those relationships are made known to THORO CARE, THORO CARE will not intentionally and adversely interfere with such relationships.

5. Exclusion of Warranty.

a) COMPANY MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

b) IN NO EVENT SHALL COMPANY BE LIABLE TO CLIENT FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER INDIRECT DAMAGES THAT ARE CLAIMED TO BE INCURRED BY CLIENT OR ITS DESIGNEE RECEIVING THE SERVICES WHETHER SUCH CLAIM ARISES UNDER CONTRACT, TORT (INCLUDING STRICT LIABILITY) OR OTHER THEORY OF LAW.  The term “special, consequential, incidental, multiple, punitive or other indirect damages” as used herein shall include, but is not limited to, such damages as loss of use, loss of business reputation, increased expense of operation, loss of profit, cost of money, loss of use of capital or other special, consequential, incidental, or indirect damages of any nature arising at any time from any cause whatsoever.

6. Independent Contractor. It is mutually agreed and understood by the Parties hereto that Company is an independent contractor hereunder.  This Agreement does not establish any legal agency, representative, joint venture, or partnership relationship between the Parties.  Neither Party has any right or authority to create any obligation, representation, or responsibility on behalf of the other Party.  Both Parties covenant and agree that when dealing with third parties they will act in such a manner as to avoid any ambiguity or dispute whatsoever as to the nature and extent of their authority as limited in this Agreement.

 7. Confidentiality During the term of this Agreement and thereafter, each Party will, and will cause each of its affiliates, and its and their respective partners, shareholders, directors, officers, employees, representatives and agents, to keep secret and retain in strictest confidence any and all information, data and materials received by it from the other Party in connection with this Agreement and each Party’s respective performance of its obligations hereunder.  Notwithstanding the foregoing, the Parties shall not be required to keep confidential any information: (x) otherwise in the public domain, (y) otherwise in the rightful possession of such Party from third parties having no obligation of confidentiality to either Party, and (z) required by applicable law to be disclosed by such Party.  

8. Subcontractors Company may retain or engage, in its sole discretion, subcontractors to assist Company in the arrangement or provision of the Services by the Consultants.  Company shall have the sole authority to retain, terminate or control such subcontractors without notice to Client. 

9. Data Use and Privacy.  In connection with the discharge of its obligations under this Agreement, Company may, subject to the THORO CARE Privacy Policy, collect and store information regarding Client or its designees, including but not limited to name, email address, native language, organization name, job title, city, state / province, region, age, locations for internet access and devices used, services requested, personal health information and other information.  The Company may share such information with its affiliates, agents, independent contractors, service providers, and other third parties designated by Client in order and to the extent reasonably necessary (i) to carry out the provision of services contemplated under this Agreement and provide any other products or services that may be of interest to Client and (ii) to carry out management of its businesses, including, but not limited to, financial and operational management and reporting, maintenance of the Company’s websites and databases, marketing, service improvement, risk management, legal and regulatory compliance, and client service management. Client acknowledges and agrees that Company is not a Covered Entity, as that term is defined in the Health Insurance Portability and Accountability Act of 1996.  Client agrees to indemnify and hold the Company harmless for any damages or expenses incurred by Company arising from disclosures of or unauthorized access to Client’s information, except if such disclosure or access was the result of the Company’s  gross negligence or willful misconduct. Company does not sell or disclose Client personal information other than as expressly set forth herein and in the THORO CARE Privacy Policy.

10. Notices.  All notices, requests, consents, approvals or other communications required or permitted by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or when received by email, in the case of Client at the email address provided to Company when registering for the Services, and in the case of Company at info@thorocare.com.  The parties may change their addresses by notice in writing to the other.

11. Entire Agreement and Modification This Agreement constitutes the entire agreement between Client and the Company with respect to the subject matter hereof.  Any future modifications or amendment hereto, in order to be binding upon the Parties, must be reduced to writing and executed by both Parties to this Agreement.

12. Assignment This Agreement is nonassignable and nontransferable without the prior written consent of both Parties.  Subject to the foregoing limitation, the provisions of this Agreement will be binding upon the Parties hereto and their respective successors, assigns, and/or Representatives.

13. Governing Law; Venue This Agreement shall be governed by the laws of the State of Delaware in all respects, without regard to principles of conflicts of law, including matters of validity, construction, performance and remedy. Any action brought by any party hereto shall be brought to courts within the State of Delaware.

14. Waivers No waiver hereunder shall be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of the waiver is sought.  Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the Party granting such waiver in any other respect or at any other time. 

15. Severability If any provision of this Agreement is inoperative or unenforceable for any reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever.

16. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which shall together constitute one and the same instrument.


THORO CARE Privacy Policy

THORO CARE, Inc., (“Company,” “we,” or “us”) care about your privacy and are committed to protecting your personal information as you use Company website at https://www.THOROCARE.com (the “Site”), and as you receive services or products through any other application and/or medium (the “Services”). Please read this document carefully. We provide this policy to communicate to you what information we collect, how we use it and, if we disclose any information to third parties, what information we disclose to whom and for what purpose.

The Site is intended for use solely by individuals in the United States. The Site is not designed or intended for use by persons under the age of 18, and we request that minors do not provide any Personal Information to us through the Site. If you are a resident of California, you may have additional rights as set forth below in the Section titled “California Consumers”.

1. INFORMATION WE COLLECT AND HOW WE USE IT

We collect both personally identifiable information (which is information specific and personal to you) (“Personal Information”) and non-personally identifiable information (which is aggregated and/or de-identified information that does not identify you) (“Anonymous Information”) from and about you as a user of the Site.

a) Services-Related Information

When you sign up for the Services, we may collect certain Personal Information such as your name, email, phone number, insurance information, medical information, professional or employment-related information, payment information, and information which may be considered sensitive personal information such as government identification information. We collect and use this data for the purpose of delivering the requested Services, including creating and maintaining user accounts, communicating with consumers, providing customer service, verifying consumer information, providing advertising or marketing services, for auditing related to interactions with consumers (including troubleshooting, debugging, analyzing, auditing, and verifying the integrity of Company systems, and to comply with legal obligations). On occasion we also use the data collected in this class to provide information about products and services offered by Company or our business partners. We do not sell this information or disclose this information other than as expressly set forth herein.

b) Anonymous Information

When you use our Services, from time to time, we collect Anonymous Information pertaining to you, such as your IP Address, geolocation data related to your state or country, the type of device you used and its operating system, browser type and version, and similar data. This information is collected and used for the purpose of providing advertising or marketing services, auditing related to interactions with consumers, troubleshooting, debugging, analyzing, auditing, and verifying the integrity of Company systems, and complying with legal obligations. On occasion we also use the data collected in this class to provide information about products and services offered by Company or our business partners, and we maintain Anonymous Information in the aggregate about our customers broadly (including but not limited to demographic information and services usage trends), for the same purpose. Because Anonymous Information does not identify you individually, we may collect, use, sell, and disclose such for any lawful purpose in our sole discretion.

Further, we may utilize web beacons, pixel tags, cookies (including third-party cookies), embedded links, and other commonly used information-gathering tools to help us analyze how users use the Services. We may also collect device identifiers. Although it may be possible to turn off the collection of cookies through your device, this may interfere with your use of the Services if you need to access Services through the Site.

c) Contact Us Information

When you contact us using the ‘Contact’ form on the Site, we may collect your name, email address, telephone number and any other information that you provide in your message to us. We collect and use this data for the purpose of communicating with consumers, providing customer service, creating and maintaining user accounts, verifying consumer information, providing advertising or marketing services, auditing related to interactions with consumers, troubleshooting, debugging, analyzing, auditing, and verifying the integrity of Company systems, and complying with legal obligations. On occasion we also use the data collected in this class to provide information about products and services offered by Company or our business partners. We do not sell this information or disclose this information other than as expressly set forth herein.

d) Email

When you contact us via email, we collect identifiers such as your name, email address and information that you provide in your message. We collect and use this data for the purpose of communicating with consumers, providing customer service, creating, and maintaining user accounts, verifying consumer information, providing advertising or marketing services, auditing related to interactions with consumers, troubleshooting, debugging, analyzing, auditing, and verifying the integrity of Company systems, and complying with legal obligations. On occasion we also use the data collected in this class to provide information about products and services offered by Company or our business partners. We do not sell this information or disclose this information other than as expressly set forth herein.

2. SHARING INFORMATION COLLECTED WITH THIRD PARTIES, CONSULTANTS, AND AFFILIATES

We may share your Personal Information with our business associates, consultants, service providers, advisors, and affiliates in order for them to provide services to us and to you, including marketing services, to enable us to provide the Services.

We may provide other companies with statistical information about our users, but this information will not be used to identify any individual user.

Further, we may disclose collected information to the extent we believe it necessary to comply with applicable law, such as in response to a subpoena or court order, to defend a legal claim or otherwise as may be permitted by applicable law. We may disclose any information in our possession to the extent that we believe it necessary or appropriate to prevent criminal activity, personal injury, property damage or bodily harm.

Additionally, we may transfer your information to a successor in interest, which may include but may not be limited to a third party in the event of an acquisition, sale, merger or bankruptcy. Under such a circumstance, this policy may no longer govern your data.

3. EXTERNAL LINKS

Our Site may contain links to other websites or services. We are not responsible for the privacy practices of such other sites. When you leave our Site to visit another website or application, please read the privacy statements of websites that may collect personally identifiable information. This Privacy Policy applies solely to information collected by us.

4. SECURITY

We employ industry standard organizational, procedural, and technical safeguards to secure data in our possession, consistent with the sensitivity level of such data. Regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully. While we strive to protect Personal Information, we cannot ensure or warrant the security of any information you transmit to us.

5. VISITORS FROM OUTSIDE THE US

The Site is hosted in the United States and is intended for use only by individuals in the United States who are 18 years or older and, as a result, the information Company collects is governed by applicable laws of the United States.  If you are visiting the Website from outside the United States, your information may be transferred to, stored and processed in the United States. The data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in other countries or may otherwise differ from the data protection or consumer protection laws in other countries

6. CALIFORNIA CONSUMERS

a) Your Rights Regarding Your Information

If you are a California resident and a user of the Site (a “California User”), under the California Consumer Privacy Act (“CCPA”) or California Privacy Rights Act (“CPRA”), you have a right to request that we disclose to you the categories of Personal Information we have collected from you, the categories of sources from which such information has been collected, the business or commercial purpose for which your information has been collected, the categories of third parties with whom your Personal Information is shared, and the specific pieces of Personal Information that have been collected about you. You have a right to request disclosure to you of your Personal Information which has been sold or shared by a business. To exercise your right to disclosure, request these details about your Personal Information collected by us, or request to exercise any other right set forth in this paragraph, you can make that request using our ‘Contact’ form at https://thorocare.com/contact-us/, or email us at info@THOROCARE.com

As a California User you have a right to request that we delete Personal Information that we may have collected from you (subject to certain exceptions), and a right to request that inaccurate Personal Information is corrected. To request that your information be deleted or corrected, you can make that request using our ‘Contact’ form at https://thorocare.com/contact-us/, or email us at info@THOROCARE.com.

As a California User you have a right to request that we limit the use of any sensitive personal information that we have collected about you to only that use or disclosure which is necessary to perform the Services for you. At this time, THORO CARE only uses or discloses sensitive personal information to the extent necessary to perform the Services, but you may request that we limit our use and disclosure regardless, via our ‘Contact’ form athttps://thorocare.com/contact-us/, or via email at info@THOROCARE.com.

As a California User you have a right to opt-out of the sale of your Personal Information to, or sharing of your Personal with, third parties. However, THORO CARE does sell user Personal Information, and only shares Personal Information with third parties pursuant to this Privacy Policy. If you would like to opt-out of such sharing with third parties, you may click on the link entitled Do Not Share My Personal Information at the bottom of the page on the Site, https://www.THOROCARE.com.

b. Designation of Agent

As a California User you may designate an authorized agent to exercise your disclosure and deletion rights under the CCPA. If you wish to do this, you must provide the agent with written permission to exercise your rights, and you must submit proof that you have authorized the agent to act on your behalf. If you wish to designate an agent in this way, please contact us at https://thorocare.com/contact-us/, or email us at info@THOROCARE.com.

c. Verification

Because, for your security, we require you to prove your identity before granting access to your information or fulfilling any of the requests set forth above, we will ask you to verify your Personal Information with us. The information we collect from you in connection with this verification of your identity will be used solely for the purposes of verification. Note that we have the right to refuse certain requests and maintain information where permitted by applicable law.

d. Discrimination

California Users have a right to not be discriminated against for exercising their rights under the CCPA and CPRA, and we never discriminate in any way against users who choose to exercise any of these rights.

e. Disclaimer

There may be certain circumstances when we may not completely fulfill a request under this Section 6, as permitted under applicable California statutes and regulations.  As an example only, if we receive a request to delete Personal Information, we may nonetheless be permitted to retain certain information to complete a transaction, detect fraud, or comply with a legal obligation.

7. E-MAIL AND ELECTRONIC NEWSLETTERS

We may offer electronic newsletters and e-mails concerning promotions, new products and services, or other marketing materials as a service to our users. You may receive newsletters and e-mails concerning promotions and marketing of ours, after you register. The rules for any such promotion, if not covered herein will be disclosed at the time of such promotion before you sign up. If, after you have received such a message, you no longer wish to receive such materials, you may opt-out by following the unsubscribe instructions included in each such communication, or by contacting us at info@THOROCARE.com.

8. AMENDMENTS TO THIS POLICY

We reserve the right to amend this policy at any time by posting the latest version of the policy on this page. Changes will take effect immediately upon their posting on the Site. In the event that we make a change that is material to your rights under this policy, we will notify you that it has been updated in a manner that is conspicuous, such as on the main page of the Services, in addition to posting the change here. Your continued use of the Services, or any portion thereof after the posting of such an amendment constitutes your agreement to be bound by the terms contained therein. Should you wish to refuse the terms of any amended policy you may contact us using our ‘Contact’ form at https://thorocare.com/contact-us/ within thirty (30) days of the change and cancel your account.

9. QUESTIONS ABOUT OUR PRIVACY POLICY

If you have any questions about this Privacy Policy or the practices described herein, you may contact us at info@THOROCARE.com.

 

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Document name: Customer Services Agreement + Privacy Policy
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December 20, 2023 3:04 pm ESTCustomer Services Agreement + Privacy Policy Uploaded by Renu Thomas - renu.thomas@thorocare.com IP 174.167.108.168