Terms of Use

Effective Date: 4/1/2019

These Terms of Use (“Terms of Use” or “Terms”) along with our Privacy Policy constitute a valid and binding contract between you (“you” or the “Client”) and Kalamos Care, Inc., the owner and operator of this website, https://kalamos.care/ (“the Website,” or “this Website”)  and of Kalamos Care’s STI testing management services.  These Terms, which also incorporate by reference the terms of our Privacy Policy, govern your  access to and use of the Website, Kalamos Care’s STI testing management services, online services, and software provided on or in connection with such services (collectively, the “Services”).  Kalamos Care (“Kalamos”, “us”, “we”, or “our”) operates the Services and makes the Services available to our Clients and user community. By agreeing to use the Services, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations.  If you do not agree with any of these Terms of Use, you are prohibited from using or accessing the Services. The materials and information available through the Services are protected by applicable intellectual property laws.

We reserve the right to change these Terms of Use from time to time for any reason, which shall be effected by posting the updated Terms of Use here.  If there are significant changes, we will notify you directly and ask for your agreement to those changes. Otherwise, your continued use of the Services after any changes are posted constitutes your acceptance of the new Terms of Use. We recommend that you revisit these Terms of Use from time to time to ensure you are aware of any changes.

  1. Your Use of the Services

    You may have been invited by us to access the Service by creating an account (“Account”), and may have received an email with a link or a token, or may have been given a kit number or barcode to create an Account.  You agree that you will use any information that you use to gain access to the Services (“Access Information”) correctly, in accordance with these Terms of Use, and for the exclusive purpose of accessing the Services.

    You are also responsible for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (e.g., passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You will be fully responsible for all activities that occur under your Account, including activities of others to whom you have provided your username or password so please notify us immediately of any unauthorized use of your Account or any other breach of security.

    You acknowledge and understand that our Services are intended for users residing in the U.S. only.

  2. Entry of Information

    Please be advised that the Services may require the use of intake forms which request personal information, such as medical and demographic information (“Personal Information”).  For a description of how Kalamos collects, uses, secures, and shares your Personal Information, please refer to our Privacy Policy.

    We contract with JN Projects, Inc., d.b.a HelloSign (“HelloSign”) to assist us in the creation, completion, and management of intake forms and other forms necessary to perform the Services.  By agreeing to use the Services, you are expressly agreeing to allow HelloSign to access and use your Personal Information in accordance with its privacy policy, available here:https://www.hellosign.com/privacy.

  3. Sample Collection Requirements

    You may be required to provide a urine, saliva, blood or other biological sample (collectively “Samples”) in order to use the Services.  All Samples must be collected in accordance with the collection instructions contained in the testing kit provided by Kalamos (the “Testing Kit”).  Kalamos and any laboratories or outside vendors that it uses have no obligation to deliver results for Samples that are not collected in accordance with the Testing Kit instructions.  Any Samples not collected in accordance with the Testing Kit instructions that are tested and determined to be insufficient are subject to a processing and disposal fee of $12.00.

  4. Access of Information

    The Service is provided as an information entry resource only. Any information you obtain from using the Service is not intended to be used by you for any diagnostic or treatment purposes. The Services does not create a patient-physician relationship between you and Kalamos and should not be used as a substitute for professional diagnosis and treatment.  Please consult your physician or healthcare provider (your “Provider”) before making any healthcare decisions.

    You agree not to access the Services from insecure mobile devices, PCs or laptops, such as public internet kiosks found at airports and public libraries. You agree that you are using and will continue to use appropriate technical safeguards to secure the devices used to access the Services, including up-to-date virus protection on PCs. You understand that if you print any Personal Information, there is a risk that the Personal Information might be inappropriately disclosed, and Kalamos Care cannot protect the security of printed documents. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, this Website or the Services.

  5. Age

    Our Services and any related content, including our public content, is not directed at or meant for individuals under the age of 18. NO ONE UNDER THE AGE OF 18 IS PERMITTED TO USE OUR SERVICES. Anyone under the age of 18 who uses our Services is in violation of this Agreement and will have their account immediately terminated. Kalamos will immediately and permanently delete all information associated with that account from our records.

    Should anyone over the age of 18, including a parent or legal guardian, assist anyone under the age of 18 to sign up for or use our Services, Kalamos will immediately terminate any user account created, immediately and permanently delete all information associated with that account from our records, and permanently ban that user or anyone associated with that user from using our Services in the future.

  6. Use License
    1. Kalamos Care grants you a personal, non-transferable, non-exclusive right to access and use the Services and the materials available through the Services subject to these Terms of Use. You may temporarily download one copy of the materials available through the Services where the Services expressly permits or provides for downloads, and you may print pages displayed by the Services.  As used herein, the term “material” means all information, result reports, text, images, data, links, software or other material accessible through the Services, whether created by us or provided by another person for display on the Services. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display or distribution (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any portion of the Services;
      4. use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services;
      5. incorporate links to the Services or frame any elements of the Services within any other website;
      6. remove any copyright or other proprietary notations from the materials;
      7. obtain unauthorized access to any computer system through the Services;
      8. introduce viruses, worms, Trojan horses and/or harmful code to any of the Services;
      9. interrupt or attempt to interrupt the operation of the Services in any way; or
      10. transfer the materials to another person or “mirror” the materials on any other server.
    2. This license, which includes without limitation all rights granted by Kalamos Care in this Section 5, shall automatically terminate if you violate any of these restrictions. Further, Kalamos Care may terminate all your rights under this Section 5 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  7. Use of Your Personal Information

    By creating an Account, you hereby grant and will grant Kalamos Care and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your de-identified or aggregated Personal Information in connection with research purposes and the development, operation, advertising or marketing of the Services, in any form now known or later developed.  

    You may have the option to use social media features, such as private Facebook groups for Kalamos Care users.  Social media features may allow the social media provider, like Facebook, to collect certain information, such as your IP address or which page you are visiting on our Website, and may set a cookie on your computer to enable the feature to function properly.  Your interactions with these features are governed by the privacy policy of the social media provider offering them.

    The Personal Information, and any other information you provide through the Services, may be used by the Provider to evaluate your medical status and/or administer any patient care you may receive, and by us as set forth in our Privacy Policy, and you hereby consent to such uses.

  8. Access and Interference

    You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Website pages or the content contained herein without our prior express written permission. 

    You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of our Website or Services. 

    You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

    You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from our Website or Services, in any manner or in any quantities not authorized by Kalamos. 

    You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kalamos without prior express written consent. 

    You may not use meta tags or any other “hidden text” utilizing Kalamos’ name or trademarks without the express written consent of Kalamos. Systematic retrieval of data from our Website or Services to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Kalamos is strictly prohibited.

  9. Intellectual Property

    All materials and information available through the Services are the sole and exclusive property of Kalamos Care and its affiliates, suppliers or licensors (the “Kalamos Care Entities”), and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.  The service marks and trademarks of Kalamos Care, including without limitation “Kalamos Care” and the Kalamos Care logos, are trademarks and service marks owned by Kalamos Care Inc. Any other trademarks, service marks, logos and/or trade names appearing via our Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.  If you provide us with any suggestions for improvements to our Services or relating to any prospective products or services, be aware that any comments or suggestions you make to Kalamos Care are non-confidential and become the property of Kalamos Care, and you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sublicensable (through one or more tiers) license to copy, use and modify such suggestions and to make, have made, use, import, offer to sell and sell any products or services incorporating such suggestions, without acknowledgment or compensation to you.

  10. Entry of Financial Information

    You may be required to enter financial information in order to access the Services.  Financial information requested of you may include payment data, (e.g., credit card numbers, expiration dates, identification numbers, billing addresses, etc.) that you provide to us via our payment entry system as part of the Services. Such Financial information will be safeguarded and will only be accessed by authorized Kalamos Care employees or contracted third parties who provide services to Kalamos Care.

    We contract with Shopify, Inc. and its affiliates, including Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., Shopify (USA) Inc., and Shopify International Limited (collectively, “Shopify”) to process your financial information.  By agreeing to use the Services, you are expressly agreeing to allow Shopify to access and use your Personal Information, which may include sensitive Personal Information relating to your medical or health conditions and sexual preferences), in accordance with its privacy policy, available here: https://www.shopify.com/legal/privacy.

    When you pay for Services by credit card, you represent and warrant that you are authorized to use such credit card, and you agree to pay all charges incurred by purchasing the Services. You agree that we may transfer your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for Services.

  11. Refund Policy

    ​Any refunds provided under this policy will be issued to the credit card(s) used for the purchase and will be processed within 30 business days. Your credit card will be charged upfront when you purchase the Services.

  12. Scope of Services

    You are responsible for obtaining any equipment and Internet service necessary to access the Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Services in whole or in part, at any time and for any reason, without notice. The Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.  

  13. Disclaimers

    USE OF THE SERVICES IS VOLUNTARY. KALAMOS CARE AND THE SERVICES ARE NOT OFFERING MEDICAL ADVICE AS PART OF YOUR USE OF THE SERVICES.  KALAMOS CARE DOES NOT PROVIDE ANY MEDICAL REFERRALS OR DIAGNOSES FOR ANY MEDICAL CONDITIONS. KALAMOS CARE SHALL HAVE NO OBLIGATION, RESPONSIBILITY OR LIABILITY FOR ANY PROVIDER’S PROVISION OF PROFESSIONAL SERVICES.  KALAMOS CARE MAKES NO GUARANTEES OF SUCCESS OR FAILURE IN ANY COURSE OF TREATMENT TO WHICH YOU MAY CONSENT AFTER YOUR USE OF THE SERVICES. IF YOU HAVE ANY QUESTION RELATED TO YOUR HEALTH, PLEASE CONTACT YOUR HEALTHCARE PROVIDER.

    THE SERVICES AND THE MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND USE OF THE SERVICES IS AT YOUR OWN RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALAMOS CARE, AND THE KALAMOS CARE ENTITIES MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ANY OTHER VIOLATION OF RIGHTS.

    FURTHER, WITHOUT LIMITING THE FORGOING, KALAMOS CARE, AND THE KALAMOS CARE ENTITIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS OF THE USE, OR RELIABILITY OF THE MATERIALS AVAILABLE THROUGH THE SERVICES.  KALAMOS CARE DOES NOT WARRANT THAT (A) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF MATERIAL) PROVIDED BY THE SERVICES WILL BE EFFECTIVE, ACCURATE, RELIABLE, TIMELY, COMPLETE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS; THAT (B) THE SERVICES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KALAMOS CARE DISCLAIMS RESPONSIBILITY FOR ANY DAMAGE, LOSS, INJURY, OR LIABILITY WHATSOEVER RESULTING FROM THE PROVISION OF ANY PERSONAL INFORMATION TO THE SERVICES OR ANY UNAUTHORIZED USE OF OR ACCESS TO YOUR PERSONAL INFORMATION.  KALAMOS CARE MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF PERSONAL INFORMATION.

    ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION.

  14. Limitations

    IN NO EVENT SHALL KALAMOS CARE OR THE KALAMOS CARE ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (1) THE USE OR INABILITY TO USE THE SERVICES, MATERIALS OR INFORMATION AVAILABLE THROUGH THE SERVICES, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONAL DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF KALAMOS CARE OR ANY KALAMOS CARE AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR DISCLAIMERS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

  15. Release

    By using the Services you agree to release, discharge and hold harmless Kalamos Care and the Kalamos Care Entities from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

  16. Revisions and Errors

    The materials available through the Services could include technical, typographical, photographic errors, or other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and materials or to otherwise update or revise the Services from time to time, though we are not obligated to do so. Kalamos Care does not warrant that any of the materials available through the Services are accurate, complete, or current.

  17. Communications with Us

    We cannot guarantee the confidentiality of any communication or material transmitted to us via the Services or e-mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number) or information about your health status, in any e-mail that you send to us.  We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the Services or via electronic mail. If you choose to send us any information via the Services or via e-mail, you do so solely at your own risk.

  18. Indemnification

    By accessing or using the Services or any materials or information available through the Services, you agree to indemnify, hold harmless and defend Kalamos Care and the Kalamos Care Entities from any claims, demands, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' and expert fees, arising out of or resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services or any materials or information available through the Services, including without limitation, any content posted to or transmitted through the Services, or publicly distributed on the web, your use of the Services, your connection to the Services, your violation of the Terms of Use or applicable law or your violation of any rights of another.  

  19. International

    We make no representation that information provided by the Services is appropriate or available for use outside the United States. Those who choose to access the Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations.  By using the Services, you consent to having any information you provide to us transferred to and processed in the United States.

  20. Arbitration Agreement

    PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if Kalamos Care has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

    • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
    • claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
    • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
    • claims that may arise after the termination of these Terms of Use.

    References to ‘Kalamos Care’, ‘you’, and ‘us’ include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, you and Kalamos Care are each waiving the right to a trial by jury or to participate in a class action.  These Terms of Use evidence a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use.

    A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (‘Notice’).  The Notice to Kalamos Care should be addressed to Kalamos Care, Inc. at [__________] (‘Arbitration Notice Address’).  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’).  If Kalamos Care and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Kalamos Care may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Kalamos Care or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Kalamos Care is entitled.

    The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, ‘AAA Rules’) of the American Arbitration Association (‘AAA’), as modified by these Terms of Use, and will be administered by the AAA.  The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Kalamos Care and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.  Kalamos Care will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.

    The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

    The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND KALAMOS CARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Kalamos Care agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

    Notwithstanding any provision in these Terms to the contrary, we agree that if Kalamos Care makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

  21. Governing Law

    Any claim relating to the Services, or your interactions with us through the Services, shall be governed by the laws of the State of New York without giving effect to any of its provisions that would cause the laws of another jurisdiction to apply.  You and Kalamos Care agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  Any claim or cause of action arising out of or related to use of the Services or the Terms 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.

  22. Miscellaneous

    You may not assign or transfer these Terms of Use in whole or in part to any third party without the prior written consent of Kalamos Care.  These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors, permitted transferees, and permitted assigns.  Kalamos Care and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by Kalamos Care, and cannot be amended except by a writing signed by both parties or by Kalamos Care’s posting of an amended version of these Terms of Use available through the Services.  The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use shall continue to apply with respect to any access or use you have made of the Services even after such access or use terminates. Kalamos Care reserves the right, in its sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Website at any time without prior notice or liability for any reason or no reason. Kalamos Care may change, suspend, discontinue or disable all or any aspect of the Service at any time, including the availability of any feature, database, or service, without prior notice or liability.

If you have any questions about these Terms of Use, please contact support@kalamos.care.

All Rights Reserved.