Terms & Conditions

No Guarantee of Specific Results

Regardless of any perceived representation to the contrary, ClearPath in no way guarantees a specific result for Client. Client understands and agrees that they are paying ClearPath as a service to generate leads, admissions, and verification of benefits (VOBs), but that results are never guaranteed. It is understood and agreed to that ClearPath has no control over Google, Facebook, or other advertising platforms and if they decide to make changes to their advertising platform, policies, or algorithms. ClearPath does not guarantee specific admission rates, conversion rates, cost per acquisition, or any other specific performance metrics.

Services Agreement

The Client agrees to be bound by the terms of this Agreement as set forth above and as of the Effective Date of when the kick-off meeting between Client and ClearPath happens. Should you have any questions, then please reach out.

Payment Terms and Authorization

I certify that I am an authorized signer or have permission on behalf of the company to enter payment information. I hereby give permission to ClearPath to charge my debit/credit card or electronically debit my bank account (ACH transfer) for the agreed-upon amount each month. The agreed-upon amount is based on the fee in the signed agreement. The auto-debit will occur on the same day each month based on the initial “kick-off” date. If there are any fee changes, either increase or decrease (due to the scope of work), ClearPath is authorized to debit that amount. Autopay also extends to percentage of managed ad spends; debit dates may vary.

Non-Disparagement

The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or its principals, agents, officers, owners, directors, or employees whether during the Term or after the termination of this Agreement. Further, this term shall apply, without limitation, to all forms of social media and online forums. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.

Limitation of Liability

ClearPath warrants that the lead generation and call center services as outlined in the formal proposal will be provided in conformance with the terms of this Agreement, however, ClearPath does not make any other warranties, whether expressed or implied, whether regarding the performance of the services it provides.

EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH:

(a) ClearPath SHALL HAVE NO LIABILITY FOR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE;

(b) ClearPath DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Subject to the foregoing and notwithstanding anything to the contrary elsewhere contained, in no event shall the maximum aggregate liability of ClearPath in connection with this Agreement exceed the monthly fee paid by the Client in the three (3) months preceding the claim.

IN NO EVENT SHALL ClearPath BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, LOST ADMISSIONS, LOST PATIENTS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF ClearPath HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure

ClearPath shall not be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. In the event of such force majeure, Clear Path’s obligations will be suspended for the duration of such event.

Intellectual Property

All materials, content, designs, advertisements, campaigns, strategies, and other intellectual property created by ClearPath in the course of providing services remain the property of ClearPath unless otherwise specified in writing. Upon full payment of all fees due, Client receives a limited license to use materials created specifically for Client’s campaigns.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of this Agreement. This includes, but is not limited to, business strategies, marketing plans, financial information, patient data, and performance metrics.

Client Responsibilities

Client agrees to:

• Provide accurate and timely information necessary for ClearPath to perform its services
• Respond to inquiries from ClearPath in a timely manner
• Maintain adequate admissions staff to handle leads and VOBs generated by ClearPath
• Comply with all applicable laws and regulations, including HIPAA and healthcare advertising regulations
• Not hold ClearPath responsible for leads that Client is unable to convert due to capacity, insurance acceptance, or other internal limitations

Termination

Either party may terminate this Agreement with thirty (30) days written notice. Upon termination:

• Client remains responsible for all fees incurred up to the date of termination
• ClearPath will cease all advertising campaigns and lead generation activities
• Any prepaid fees for services not yet rendered will be refunded on a pro-rata basis
• ClearPath reserves the right to terminate immediately in the event of non-payment or breach of this Agreement

Data and Reporting

ClearPath will provide Client with access to performance data through designated platforms (such as Salesforce, CallTrackingMetrics, and advertising platforms). Client acknowledges that data access may be contingent on continued service and payment of fees.

Compliance with Laws

Client represents and warrants that:

• They are a licensed healthcare provider or treatment facility in good standing
• They comply with all applicable federal and state laws regarding healthcare services and advertising
• All information provided to ClearPath is accurate and not misleading
• They will not use ClearPath’s services for any unlawful purpose

Indemnification

Client agrees to indemnify, defend, and hold harmless ClearPath, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Client’s use of the services
• Client’s violation of any term of this Agreement
• Client’s violation of any applicable law or regulation
• Any claim that Client’s treatment services or facilities caused harm to any patient

Dispute Resolution

Any disputes arising from this Agreement shall first be attempted to be resolved through good faith negotiations between the parties. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions.

Entire Agreement

This Agreement, together with any formal proposals, statements of work, or addenda signed by both parties, constitutes the entire agreement between Client and ClearPath and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties.

Amendments

ClearPath reserves the right to update or modify this Agreement from time to time. If material changes are made, ClearPath will notify Client via email or through the website. Continued use of services after such notification constitutes acceptance of the modified terms.

Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ClearPath’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Contact Information

For questions regarding these Terms and Conditions, please contact:

Clear Path Treatment Solutions, Inc.
Email: [email protected]
Phone: (844) 844-0684
Address: 
1150 NW 72nd Ave
Tower 1 #455-16269
Miami, FL 33126