Our Policies
Shipping and Delivery Policy I Termination Policy I Disclaimers I Limitation of Liability I Indemnification I Returns/Refunds Policy Privacy Policy I Health Information Portability and Accountability Act (HIPAA)
Shipping and Delivery Policy
Certain products and services available for purchase through the Service require that you purchase the product and/or service on an automatically renewing subscription basis. Please note: Only medical supplies may be shipped by Keeping Pace; no medication or prescription drugs will be shipped through our service. For subscription-based services, your payment device will be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your subscription. Your first renewal may be charged early to prevent any discontinuity in treatment. Your subsequent shipments may be charged and shipped up to two (2) days early to accommodate holidays or for other operational reasons to support continuity of treatment. We and/or the Providers may, but are not required to, perform outreach to you from time to time via the Service to request updates to your information and to facilitate ongoing subscriptions. You may cancel a subscription at any time by emailing admin@keepingpace.us and directly requesting a cancellation, or by calling 1-317-998-6418 to cancel, or through your online account. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least two (2) days before the applicable renewal processing date of your subscription.
We do not offer refunds for partially used subscription periods, although we may provide refunds on a case-by-case basis in our sole and absolute discretion. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, charging to your payment device will resume automatically. We may change our subscription plans and prices from time to time; however, we will provide you advance notice of any price changes or changes to your subscription plans.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Keeping Pace’s third-party online payment processing vendor, Merchants United LLC. Additional information about Keeping Pace Payment Vendors, their respective privacy policies and their information security measures (collectively, the “Payment Vendor Policies”) should be available on the Merchants United website located at www.musaves.com or by contacting Merchants United directly. Reference is made to the Payment Vendor Policies for informational purposes only and are in no way incorporated into or made a part of this Agreement. Keeping Pace’ relationship with Payment Vendors, if any, is merely contractual in nature, as Payment Vendors are nothing more than third-party vendors to Keeping Pace and are in no way subject to Keeping Pace’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product pass to you upon delivery of the product to our designated carrier.
We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
Termination
Keeping Pace may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if any or all of the agreements between Keeping Pace and the Medical Groups, Labs, or Pharmacies terminate or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Keeping Pace. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Keeping Pace Parties harmless from any and all liability that any such Keeping Pace Parties may incur with respect thereto. Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
Disclaimers
Content and other information contained in the Service is provided by Keeping Pace as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. KEEPING PACE AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. KEEPING PACE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. KEEPING PACE DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEEPING PACE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KEEPING PACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KEEPING PACE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold Keeping Pace Parties and any Third Parties offering products or services through the Service, including the Medical Groups, Providers, Labs and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Returns/Refunds/Cancellation policy
Customers can cancel their subscription at any time by emailing admin@keepingpace.us, calling (317) 998-6418, or through their online account. Cancellations take effect at the end of the current subscription period, and subscriptions will automatically renew unless canceled at least two days before the renewal processing date. Keeping Pace does not offer refunds for partially used subscription periods but may provide refunds on a case-by-case basis.
Privacy Policy
Keeping Pace, LLC. (“Keeping Pace”) endeavors to respect the privacy of each user of the Site (“you” or “a user”). By using the Site, you signify your acceptance of this Privacy Policy and any future changes. Any personal information that you provide to Keeping Pace is used for internal purposes unless otherwise stated. Keeping Pace’s specific privacy policies are outlined below.
1. The Information Collected and How It Is Used
A. Personal Information
There are three principal ways that Keeping Pace obtains personal information directly from you: (1) via your filling out and submission of an application for prospective employment; (2) from your inquiry into locations and services; and (3) when you sign up for eNews updates from Keeping Pace. The information requested in the Keeping Pace online application for prospective employment may include: your name, address, telephone number, email address, date of birth (age), social security number, driver’s license number, employment information, former resident information, background information, in addition to other information. If you voluntarily submit this information, it will be used to fulfill your request, inform you of new opportunities or products that are being offered by Keeping Pace and for other business purposes. Should you submit an application for employment, Keeping Pace reserves the right to undertake a background check, in which case some of this information would be provided to a third-party reporting agency. All emails that you receive from Keeping Pace will provide you with information as to how to be removed from its mailing list. Keeping Pace may use service providers to operate the Site and employ other third parties to perform work on its behalf, such as the web hosting of the Site. These parties may have access to personal information that you submit through the Site, but only for the purpose of performing their duties in connection with the Site. Additionally, Keeping Pace’s affiliates, Google and other third parties that you authorize Keeping Pace to disclose your personal information to in connection with services, products, or potential employment, may have access to your personal information. These parties may only use your personal information for business purposes.
B. Non-Personal Information
The Site receives and stores information whenever a user interacts with it. Keeping Pace automatically receives and records information in its server logs. Further, even if you do not submit any personal information. Keeping Pace through Google Analytics™, Google Ads™ Google Forms™, Google Maps™, and IP Look up, will collect information concerning your use of the Site. This non-personal information includes but is not limited to your: IP address data, location data, browser type, your internet service provider, cookie information, the pages that you have requested, search queries, mobile device identification, the duration you are on the Site, your browsing history on the Site, and your use of the Site, etc. This information cannot be used to identify you personally (beyond an IP address, location or identification of a mobile device). Keeping Pace uses this information for a number of purposes including but not limited to: help diagnose any server problems, conduct research, to provide you with information, products and services, to further its marketing endeavors, to develop new services, to provide a more effective user experience, to improve accessibility, and to better administer the Site.
C. Information Collected Using Cookies
Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. The Site uses cookies to enable Keeping Pace’s servers to recognize your web browser and tell Keeping Pace how and when you visit the Site and otherwise use the Site through the internet. Our cookies do not by themselves, contain personal information. As noted however, Keeping Pace does use cookies to identify that your web browser has accessed aspects of the Site. Most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending upon the sophistication of the browser software), allow you to decide on acceptance or rejection of each new cookie in a variety of ways. This Privacy Policy covers Keeping Pace’s use of cookies only and does not cover the use of cookies by third parties, including Keeping Pace’s third-party partners and service providers.
2. Disclosure of Your Information
Keeping Pace does not rent or sell to third parties the personal information that is collected from you on the Site. Keeping Pace does however disclose personal information that is collected from you, to third parties, in the manner provided for in this Privacy Policy, which includes but is not limited to: fulfilling or meeting the reasons the information has been provided; to provide you with information, products or services; to provide you with emails and other alerts concerning news that may be of interest to you; to improve the Site; for analysis, research and product development. Additionally, Keeping Pace reserves the right to disclose personal information if required to do so by law, or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with the legal process should litigation occur concerning Keeping Pace or the Site; (b) protect and defend the rights or property of Keeping Pace, the Site, or the user of the Site; or (c) act under exigent circumstances to protect the personal safety of anyone associated with Keeping Pace, the Site or the public.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
3. Security
Keeping Pace’s hosting service maintains its systems in accordance with reasonable industry standards to reasonably secure your information. However, no data transmission over the internet can be guaranteed to be completely 100% secure. Absolute security does not exist in the current internet landscape. Your use of this Site is done at your own risk.
4. Correction of Information
You may request that Keeping Pace correct, amend, add or delete personal information that you have submitted by contacting Keeping Pace at the following:
Emailing us: admin@keepingpace.us
Calling us at: 317-998-6418
Please note, however, that even after you update information, we may maintain a copy of the information that you previously submitted as a part of our records.
5. Children’s Privacy
This Site is not directed to children under the age of 13, and Keeping Pace does not knowingly collect any information from anyone under the age of 13.
6. Modification of Privacy Policy
Keeping Pace may amend this Privacy Policy from time to time, at its sole discretion. Use of information that is collected is subject to the Privacy Policy in effect at the time such information is used. This Privacy Policy is effective as of June 1, 2024, and was last modified on June 1, 2024. Keeping Pace, LLC, understands that you care how your personal information is used and shared, and we assure you that we take your privacy very seriously.
Notice of Privacy under the Health Information Portability and Accountability Act (HIPAA)
We understand the importance of privacy and are committed to maintaining the confidentiality of all patient medical information. Every patient’s’ medical record is strictly confidential and protected by federal laws. Keeping Pace is strictly prohibited from providing care or releasing any health information to any doctor, hospital or other agency involved in patient care without the patient’s’ written consent. We may, at times, securely receive patient health information about you through the telephone, mail, email, data transfer, facsimile machine or other means. We may use your health information for purposes of providing your treatment, obtaining payment for your care, or conducting health care operations. Any patient may limit the use and disclosure of their protected health information (PHI). Keeping Pace has established policies to protect patient rights and guard against unnecessary disclosure of patient health information. Under certain specific circumstances, Federal Privacy Rules allows the use or disclose of patient health information without patient consent of authorization under certain specific circumstances.