LAST UPDATED: October 01, 2021
Welcome to Stairs!
https://stairshealthcare.com/ website, mobile version, mobile application, domains, tools, and/or other products and services are owned and operated by Stairs Healthcare Corporation (“Stairs”, “we”, “us”, “our”). These Terms of Use (“Terms of Use”) describe the conditions under which Stairs provides its services (“Services”) to you (“you”) and under which you are authorized to use our websites and mobile applications. Our Services include, but are not limited to, our medical services cost selector tool and our customer/user experience software and solutions.
This Agreement (the “Agreement”) describes the terms and conditions applicable to your use of all our services. If you do not agree with the terms and conditions of this Agreement, do not access the website, or use our Services. As discussed below, we reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use.
In addition, when using certain services, you may be subject to any additional terms and conditions applicable in each case, including, without limitation, the Privacy Policy located at https://stairshealthcare.com/privacy (“Privacy Policy”). You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use our services. [1]
Similarly, when you sign up to use a feature or service provided by a third party that we make available through our Service or other special feature of the Service, you may also be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
Below is a glossary and brief description of these Terms of Use:
- Your consent: By using the Service, you are agreeing to all of these Terms of Use. You must be at least 16 to register on our Service.
- Third party services: Our Service may contain information and content owned by third parties, and we are not responsible for them.
- Not medical advice: USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. OUR PLATFORM IS NOT A SUBSTITUTE FOR MEDICAL ADVICE. YOU SHOULD SEE YOUR DOCTOR IF YOU HAVE MEDICAL CONCERNS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
- Modifications and interruptions: We may occasionally have interruptions in our Services, or we may modify or suspend the Services at any time.
- Personal Truthful information: You will need to provide personal information to use the Services and you agree to provide information that is truthful and up to date.
- Community features: Our Service may contain community features where you may interact with others and share information you want to provide to others. The information is public and may be shared with third parties and we are not responsible for how third parties use this information.
- Content complaints: Please email complaints about our Platform to admin@stairshealthcare.com
- Mobile devices: If you access the Service from a mobile device, you are responsible for any cellular data charges by your carrier. When you download our Mobile App, the store’s terms will apply, however, these Terms of Use govern the use of the Mobile App itself.
- Limitation of Liability: We do not provide any warranties for the Service and your use of the Service is at your own risk. The Service is offered “as-is”.
- Law and disputes: These Terms of Use are governed by laws of the State of Florida and the U.S. Any disputes will only be heard in a court in Miami, Florida.
- Indemnification: If we get sued or face liability because of something you have done, you will take care of the matter and pay the damages.
- Statute of Limitations: You may not bring claims against us regarding the Service more than 1 year after the claim arose.
- USE OF THE SERVICES
Stairs Healthcare is a platform that enables the competition, marketing, and sale of health care services by health care providers (“Providers”) to patients, including you (“you” or “Patient(s)”, Guest(s) or Member(s),) searching for health care services, prescription services, and the scheduling of and payment for health care services and/or prescription services by you. Users of the platform, in every version, shall be considered as either “Guests” or “Members.” Guests are allowed access to a minimal level of Services available on the platform, and access to some features may be limited. To benefit from all the Services and access additional features, Guests must register as a Member and provide certain personal information, providing Stairs Healthcare a permit to use and disclose this information as provided in our Privacy Policy.
1.a) Medical Advice Disclaimer: Guests and Members acknowledge and agree that Stairs Healthcare does not provide any medical services nor medical advice and does not make any representations or endorsements regarding any medical services or advice that you may obtain through the platform and/or the services; never disregard professional medical advice or delay seeking medical assistance or calling your emergency number, in case of having any medical emergency.
Stairs Healthcare is not a pharmacy, nor does it perform pharmacy services including advice on prescription medication. Guests and members acknowledge that for any advice or questions related to medication, shall contact their personal pharmacist or healthcare provider.
Stairs Healthcare is neither responsible nor liable for any advice, course of treatment, diagnosis, or any other third-party information, including providers listed in our platform, products, or services that you purchase or access through the platform. The inclusion of any health care provider on the Services shall not be considered as an endorsement of such health care provider and shall not in any way mean that Stairs Healthcare has conducted any due diligence or other investigation regarding the health care provider.
1.b) Registration Obligations: in order to access and use certain features of the Service, Guests may be required to register and become a Member. If you choose to register for the Service, you agree to provide and maintain real, accurate, and current information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. Our Service is available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, registering with, or using the Service, you are (1) complying with all eligibility requirements, (2) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service, and (3) agreeing that you will only use the Service for lawful purposes.
1.c) Accounts, Passwords and Security: Members are responsible for maintaining the confidentiality of their account and password and are fully responsible for any and all activities that occur under their account. Members agree to (1) notify Stairs Healthcare of any breach of security or unauthorized use of their account, and (2) sign out from their account at the end of each session, unless they’re using the mobile app. Stairs Healthcare is not responsible for any actions taken or transaction made to or from your accounts by any other party using your password.
1.d) Mobile Services and mobile app: certain services are available via a mobile device and via mobile app. To the extent you access the Service through a mobile device or mobile app, your wireless service carrier’s standard charges and fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information. You acknowledge and agree that you are solely responsible for providing Stairs Healthcare with accurate contact information, including your mobile device number and email address, where we may send communications.
1.e) Use and Storage of Your Information: Stairs Healthcare may establish general practices and limits concerning use of the Service, including the maximum period that data or other content will be retained by the Service and the maximum storage space in our servers. Stairs Healthcare has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Stairs Healthcare reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
1.f) Modifications to Our Service: Stairs Healthcare reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Stairs Healthcare will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
- SERVICE CONDITIONS
Guests and Members acknowledge and agree to the conditions describe above, under which Stairs Healthcare provides its services.
2.a) Communications: Stairs Healthcare will communicate with Guests and Members by e-mail or by posting notices on this site and all different platforms. You agree that all notices, disclosures, terms, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using Stairs Healthcare’s site or any other platform, you acknowledge and agree that we will send Member e-mails relating to your Member account and Stairs Healthcare’s promotions. Guests and Members may cancel their subscription to our e-mail services at any time by logging in to the site and changing notification preferences or by clicking on the unsubscribe link in any of our e-mail communications.
In case of subscribing to receive emails, text messages, and electronic communications, you acknowledge and agree that we will be transmitting certain of your protected health information (“PHI”) as that term is defined under HIPAA, electronically. You acknowledge and agree that no system is completely secure; Stairs Healthcare will take every commercially reasonable step to protect the privacy and security of your protected health information.
2.b) Service’s Fees: In any case Guests and/or Members decides to use the Services to schedule and pay cash or out of pocket for health care services, Guests and/or Members will be required to provide Stairs Healthcare or Stairs Healthcare’s intermediaries, with information regarding credit card or other payment instrument. You represent and warrant to Stairs Healthcare that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes regarding your payment instrument that may occur. Guests and Members agree to pay Stairs Healthcare the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. Any dispute must be notified within sixty (60) days after the date the service is charged. Guests and Members shall be responsible for all taxes associated with the Services. Stairs Healthcare does not accept Medicare, Medicaid, or any other third-party insurance.
2.c) Cancellation: Stairs Healthcare will honor a full refund for any of our visits when cancelled within the following time constraints:
Virtual visits: cancel up to 4 hours before the scheduled visit.
In-person visits: cancel up to 24 hours before the scheduled visit.
Labs, imaging, and visits that do not include a specific day or time at purchase: cancel up to 10 days after the purchase date once Stairs Healthcare confirms with the provider that the visit did not take place.
Refunds will not proceed in the following cases: 1) no-shows or missed appointments, 2) refund requests due to not receiving a prescription or disagreement with the clinical outcome of the visit, 3) any request made 10 days after the original purchase date.
Stairs Healthcare have no control over, and cannot guarantee the availability of, any health care provider at any particular time. Stairs Healthcare will not be liable for any cancelled or unfulfilled appointments.
2.d) Commercial Use: Stairs Healthcare’s services are for personal use only. Guests and Members agree not to display, reproduce, distribute, license, duplicate or copy, modify, sell or resell, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
2.e) Service extension: This Service is hosted in the United States and are intended only for users located in the United States. Stairs Healthcare makes no representation that the materials are appropriate or available for use outside the United States. If you access our Service from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Services.
2.f) Third-party websites: The platform and our services may provide links or other access to other sites and resources on the Internet. Stairs Healthcare has no control over such sites and resources, and we are not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Stairs Healthcare will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, or services available on or through any such website.
- OBLIGATIONS
3.a) Guests and Members responsibility: Guests and Members agree to use the Services only to help them find a health care provider for their own or another person. Guests and Members are responsible for all images, information, data, text, messages, or other materials (“content”) publish or upload. Guests and Members will ensure that all uploaded data or information complies with all applicable laws, rules, and regulations, be appropriate and non-offensive, and maintain necessary rights to use, share, and/or upload such content, without infringing any third-party rights.
Stairs Healthcare reserves the right to investigate and take appropriate legal action against anyone who, violates this provision, including without limitation, removing the offending content from the Service, suspending, or terminating the account of such violators and reporting the violation to the law enforcement authorities. You agree to not use the Service in an illegal or improper manner.
3.b) Stairs Healthcare obligations: To develop and provide our services, Stairs Healthcare shares your personally identifiable information with our authorized service providers that perform certain services or functions on our behalf. Stairs Healthcare may be required by law to disclose Guests and Member’s information provided in using any of the services on the platform. Stairs Healthcare may also disclose information where someone poses a threat to Stairs Healthcare’s interests or whose activities could bring harm to others. In addition, it may be necessary, in order to comply with laws and regulations, that certain information be provided to third parties, such as law enforcement authorities or governing bodies for a particular health care provider. If Stairs Healthcare receives a court order to disclose information on the platform about our Guests or Members, you agree that such information may be disclosed.
4. TERMINATION OF THE SERVICE
You agree that Stairs Healthcare may suspend or terminate your account or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, violation, or no-compliance with these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that causes termination of your use of Service, may be referred to appropriate law enforcement authorities. Stairs Healthcare may also in its sole discretion and at any time discontinue providing the Service, deactivate or delete the fraudulent account. You agree that Stairs Healthcare will not be liable to you or any third party for any termination of your access to the Service.
5. LIABILITIES
5.a) Indemnity and Release: Guests and Members agree to release, indemnify, and hold Stairs Healthcare and its affiliates, officers, employees, directors and partners harmless from any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses, including reasonable attorneys’ fees, caused by any allegations, rights, claims, and actions related to: 1) injury, death or damage to property caused by you or your agents’ action or inaction; 2) your use of the Service, 3) any User Content or any other content or materials you supply directly or indirectly, 4) your connection to the Service, and 5) your violation of these Terms of Service or this Agreement.
5.b) Limitation of Liability:
Guests and Members understand and agree that Stairs Healthcare will not be liable for any indirect, incidental, consequential loss or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible, whether based on contract, negligence, strict liability or otherwise, including if resulting from: 1) the use or the inability to use the service; 2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; 3) unauthorized access to or alteration of your transmissions or data; 4) statements or conduct of any third party on the service. The amount Stairs Healthcare pays for liabilities to you for all damages and losses, in no event will exceed the amount you have paid Stairs Healthcare for purchased services.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If any Guest or Member is dissatisfied with the service or with these terms of service, they shall discontinue the use of the service.
6. DISCLAIMER OF WARRANTIES
Stairs Healthcare makes no warranty that 1) the service will meet your requirements, 2) the service will be uninterrupted, timely, secure, or error-free, 3) the results that may be obtained from the use of the service will be accurate or reliable, 4) the quality of any service, information, providers, or other object purchased or obtained by you through the service will meet your expectations.
The use of the service is at Guests and Member’s sole risk. Stairs Healthcare expressly disclaims all warranties of any kind, whether express or statutory, including, but not limited to the implied warranties of merchantability for a particular purpose, title, and non-infringement.
7. DISPUTE RESOLUTION AND ARBITRATION PROCEDURES
7.a) Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the Arbitration Agreement (“Arbitration Agreement”). Guests and Members agree that any and all disputes or claims that have arisen or may arise between them and Stairs Healthcare, caused by any of the services offered, any advertising, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Guests and Members agree that, by entering these Terms of Service, both parts involved are each waiving the right to a trial by jury or to participate in a class action. Guests and Member’s rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
7.b) Changes to Arbitration Agreement: Stairs Healthcare agrees that if it makes any future change to this Arbitration Agreement, except change to the Notice Address, while you are a user of the Services, you may reject any such change by sending Stairs Healthcare written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with this Arbitration Agreement as of the date you first accepted these Terms of Service.
7.c) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
7.d) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of relief sought is more than $50,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Stairs Healthcare will pay your portion of such fees. Any payment of attorneys’ fees will be governed by the AAA Rules.
7.e) Confidentiality: For the benefit of all parties, all aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential.
8. INTELLECTUAL PROPERTY RIGHTS
8.a) Platform Content, Software and Trademarks: Guests and Members agree that the platform and services may include content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You agree not to modify, copy, frame, lease, loan, sell, distribute, or create derivative works based on the platform’s content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots or similar data gathering or extraction methods. If Stairs Healthcare decides to block any Guest or Member from accessing the Service, including by blocking your IP address, you agree not to implement any measures to circumvent such blocking. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The design, technology and software underlying the platform are the property of Stairs Healthcare, our affiliates, and our partners (the “Software”). Stairs Healthcare’s name and logo are trademarks and service marks of Stairs Healthcare Corporation (“Stairs Healthcare Trademarks”).
8.b) Third-Party Material: Stairs Healthcare will not be liable in any way for any content, materials, or services of, or provided by or on behalf of, any third parties, including Guests, Members, or health care providers. You acknowledge that Stairs Healthcare does not pre-screen content but will have the right to refuse or remove any content that violates these Terms of Service. Guests and Members may find and source certain third-party health care services provided by or on behalf of independent third-party Providers not related to Stairs Healthcare. We do not guarantee or warrant the reliability, quality or suitability of such health care services nor the Providers. By using the Service, you agree to hold us free from the responsibility for any liability or damage that might arise out of the transactions involved. As a user, by posting any content in our directory, or letting us do the same, you give us license to use your content, including any content, information, and any names in promotion of our directory and Services. You acknowledge that the list of health care providers listed on the platform may not be a complete list of every health care provider within the specified specialty category or specified distance of the address specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information. While we take commercially reasonable steps to ensure the information contained about a particular health care provider is accurate and complete, we rely on information reported by the health care provider, which might not be accurate, complete, and/or updated on a regular basis. We are not responsible for content or services descriptions from health care providers.
Stairs Healthcare does not provide any medical advice or services and should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs. The healthcare Providers are solely responsible for all content and any health care services they provide. Stairs Healthcare shall have no liability whatsoever to you for acts, omissions, care, or lack thereof, from healthcare Providers.
8.c) User Content uploaded: Guests and Member’s content uploaded through the platform or share with other users or recipients (collectively, “User Content”), will be represent and warrant by their own title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By voluntarily providing us with User Content, which may include Personal Information, you are consenting to our use of Personal Information in accordance with these Terms of Service and our Privacy Policy. You also agree that any User Content you submit through the Service that is communicated to our partners, affiliates, and medical providers will be accurate and complete. By uploading any User Content you hereby grant and will grant Stairs Healthcare and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, the promotion, advertising or marketing thereof, the improvement of the Service, and as aggregated and/or de-identified for any lawful purpose in any form, medium or technology now known or later developed.
Comments, suggestions, ideas, feedbacks, or other information about the platform, provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Stairs Healthcare may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 1) comply with legal process, laws or government requests; 2) enforce these Terms of Service; 3) respond to claims that any content violates the rights of third parties; or 4) protect the rights, property, or personal safety of Stairs Healthcare, its users and the public.
9. TERMS OF USE GENERALITIES
These Terms of Service, in conjunction with the Privacy Policy, constitute the entire agreement between you and Stairs Healthcare and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. In case of failure by Stairs Healthcare to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Any claim or cause of action you may have arisen out of or related to use of the platform and our services, or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without our written, but we may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles or headings in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Stairs Healthcare will not be liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control.
10. GUESTS AND MEMBER’S PRIVACY
Our current Privacy Policy is available on the Site at https://stairshealthcare.com/privacy/. If you object to your information being transferred or used in this way, please do not use the platform nor any of our services.
Stairs Healthcare do not sell your personal information to third parties for their marketing purposes without your explicit consent unless otherwise permitted, and we only use your information as described in the Privacy Policy.
11. CHANGES TO THESE TERMS OF SERVICE
Stairs Healthcare reserves the right, at any time, to modify, or update these Terms of Service by posting the modified, or updated terms on the website and all other platform mediums, and you agree to acknowledge such modifications, or updates. If you do not agree to such modifications, or updates, you should terminate your use of the Services. Any such changes will become effective when they are posted. Your continued use of the platform and all any of our services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications and updates.
12. QUESTIONS AND COMMENTS
Please contact us by email at admin@stairshealthcare.com to report any violations of these Terms of Service or to send any comments or questions regarding these Terms of Service or the Service.