1. Acceptance of Terms
These Terms of Use (“Terms”) govern access to and use of the LaPortaCare website, applications, and related services (the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. Where your organization has a signed agreement with LaPortaCare, that agreement controls if it conflicts with these Terms.
2. The Services
LaPortaCare, Inc. provides a secure, cloud-based platform for healthcare organizations. Access is limited to authorized users of organizations with an active agreement with LaPortaCare.
3. Clinical Services
The LaPortaCare platform is a technology service. It does not diagnose, treat, or replace the professional judgment of licensed clinicians, and clinical decisions remain the responsibility of the treating provider.
Clinical services made available through the Services are rendered exclusively by independent, duly licensed healthcare professionals and entities (“Clinical Providers”). Clinical Providers are not employees, agents, or representatives of LaPortaCare, Inc. LaPortaCare does not practice medicine or any other licensed healthcare profession and does not control or direct the professional judgment of any Clinical Provider.
Each Clinical Provider exercises independent professional judgment and is solely responsible for the services it renders. Each Clinical Provider remains subject to the laws, regulations, and standards of practice governing its profession and to the regulatory and disciplinary jurisdiction of the state licensing board or boards under which it is licensed.
4. Regulatory Responsibility
The Services are designed to support customers’ compliance efforts. Each organization remains solely responsible for meeting the legal and regulatory requirements that apply to it.
5. Permitted Use
You agree to use the Services only for authorized purposes, keep your credentials confidential, submit only accurate and lawfully permitted data, and comply with applicable law and your organization’s policies.
You may not:
- Attempt unauthorized access or bypass security controls
- Interfere with the performance or security of the Services
- Upload malicious code
- Use the Services for any unlawful purpose
LaPortaCare may suspend or terminate access for violations of these Terms.
6. Data Location and Security
Your use of the Services is also governed by the LaPortaCare Privacy Policy. PHI is stored and processed in the United States, and we apply administrative, technical, and physical safeguards to protect it. No system can guarantee absolute security.
7. Intellectual Property
The Services and all related content, software, and materials are the proprietary property of LaPortaCare, Inc. and are protected by applicable intellectual property laws. Except as expressly permitted under your organization’s agreement, you may not copy, modify, distribute, reverse engineer, scrape, or create derivative works from the Services. LaPortaCare reserves all rights not expressly granted and may pursue all available remedies for unauthorized use.
8. Third-Party Services
The Services may connect with third-party systems. LaPortaCare does not control or endorse those systems and is not responsible for their availability, performance, or data. Their use is governed by their own terms.
9. Service Availability
The Services may be unavailable at times for maintenance, updates, or reasons outside our control, including third-party outages. LaPortaCare is not liable for resulting delays or interruptions.
10. Disclaimer of Warranties
Except as stated in a signed agreement, the Services are provided “as is” and “as available,” without warranties of any kind, express or implied.
11. Limitation of Liability
To the maximum extent permitted by law, LaPortaCare is not liable for any indirect, incidental, special, or consequential damages, or for user errors or third-party failures.
12. Indemnification
You agree to indemnify LaPortaCare against claims arising from your misuse of the Services, your violation of these Terms or applicable law, or unauthorized access resulting from your users’ actions.
13. Changes to These Terms
LaPortaCare may update these Terms from time to time. The Effective Date above reflects the current version. Continued use of the Services after an update constitutes acceptance.
14. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
15. Contact
LaPortaCare, Inc.
legal@laportacare.com