Welcome to CareCentra! This End User License Agreement (“Agreement”) sets forth the Terms and Conditions (the “Terms”) upon which you may download and use the CareCentra software application, related solutions, services, and all updates, enhancements, and upgrades provided to you (collectively, Software”) by CareCentra, LLC. (hereinafter “CareCentra”) and/or its authorized distributors. “You”, “your”, “yourself” means you, as an individual.
PLEASE READ THIS AGREEMENT CAREFULLY IN ITS ENTIRETY BEFORE USING THE SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE SOFTWARE. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT CARECETRA’s LIABILITY TO YOU. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SOFTWARE. CHILDREN UNDER 13, MUST BE REGISTERED BY, AND HAVE THE PERMISSION OF, A PARENT OR LEGAL GUARDIAN.
YOU ACKNOWLEDGE AND UNDERSTAND THE AUTHORIZATION TO USE THE SOFTWARE IS NOT A CONDITION FOR RECEIVING ANY REATMENT, PAYMENT, OR BENEFIT AND YOU UNDERSTAND THAT YOUR REFUSING TO AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THIS AUTHORIZATION, WILL NOT AFFECT ANY TREATMENT, PAYMENT, OR BENEFIT FOR WHICH YOU MAY BE ELIGIBLE. YOU AKNOWLEDGE AND UNDERSTAND THAT IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE PROVIDED WITH ACCESS TO THE CARECENTRA SOFTWARE AS DESCRIBED HEREIN.
THE SOFTWARE IS NOT FOR MEDICAL EMERGENCIES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER, DIRECTLY AND NOT THROUGH OUR SOFTWARE, WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
BY USING THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS.
Grant of License
Subject to the Terms of this Agreement, CareCentra hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use for lawful purposes a single copy of the Software on your CareCentra approved mobile device. This Software is licensed, not sold, to you by CareCentra for use only under the terms of this Agreement. CareCentra reserves all rights not expressly granted to you. The rights granted in this Agreement are limited to CareCentra’s intellectual property rights in the Software and do not include any other patents or intellectual property rights. You may own the media on which the Software is stored, but CareCentra retains ownership of the Software itself.
Software Use Restrictions
Except as expressly authorized under this Agreement, you shall not, directly or indirectly, in whole or in part: (i) copy the Software; (ii) cause or permit any reverse engineering, decompilation, modification, translation or dis-assembly of the Software; (iii) sell, rent, sub-license, distribute, publish, assign or otherwise transfer any rights in the Software without CareCentra’s prior written consent; (iv) modify the Software, or create derivative works based upon the Software, in whole or in part; (v) permit any third party to benefit from the use or functionality of the Software via a time sharing, service bureau or similar arrangement; (vi) use the Software in any unlawful manner or for any unlawful purpose; (vii) remove or destroy any copyright notices or other proprietary markings on the Software; or (viii) do anything which adversely affects CareCentra’s right, title or interest in or to the Software. You acknowledge that the source code underlying the Software is CareCentra’s confidential and proprietary information.
THE SOFTWARE IS NOT INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH OR BODILY INJURY OF ANY TYPE. YOU ARE SOLELY RESPONSIBLE FOR USING THE SOFTWARE IN A MANNER CONSISTENT WITH ALL APPLICABLE FEDERAL AND STATE LAWS.
Protected Health Information (PHI)
Federal law requires that CareCentra protect the privacy of health information and information that could be used to identify you (e.g. medical information, date of birth, name, address, etc.). This information is called Protected Health Information (“PHI”). CareCentra uses encryption technology to ensure the privacy of the PHI and other identifying information (collectively, the “Data”) you or your healthcare Provider enter on the Website, or through the Software as part of the Services provided herein.
Login Info and Access
Your access to the Software is via login credentials (“Login Credentials”). You agree that you are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs under those Login Credentials. CareCentra will protect as confidential any information that you may provide to complete the applicable online forms to establish your Login Credentials with CareCentra (“Account Data”). You agree to provide, maintain and update true, accurate, current and complete Account Data, and represent that you will not misrepresent your identity or your affiliation with any person or entity. CareCentra may terminate any Login Credentials in its sole discretion; you may not be permitted to create a new account to access the Software if your prior Login Credentials have been terminated by CareCentra.
You are responsible for keeping your password confidential. You will notify us immediately if your password is hacked or stolen. CareCentra is not responsible or liable to you if information is intercepted by an unauthorized person, either in transit or at your home, business or other place of access.
Consent to Use of Data in Aggregated and De-Identified Form
CareCentra may aggregate and de-identify Data (i.e., remove all information that could be used to specifically identify you) provided to us through the Software, and use that Data for research, studies, or for any lawful commercial purpose. You agree that: (a) you consent to the use of such aggregated and de-identified Data; (b) CareCentra is not obligated to pay any amount to you or otherwise compensate you or any other person in any way for such use; (c) CareCentra is not required to furnish you with any information of any kind regarding such use; and (d) to the extent that you have proprietary interest in any such Data, you waive any right to such interest or seek compensation from any such use.
Assumption of Risk
The Software is designed to provide a designated third-party with health and wellness related information based on your use of the Software. The Software and any related data supplied to you by CareCentra does not provide medical advice. By granting you the right to use the Software, CareCentra does not assume any obligation or liability with respect to your health. In no event shall CareCentra be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Software or any activity you undertake in connection with your use of the Software.
Disclaimer of Warranty
CARECENTRA PROVIDES THE SOFTWARE TO YOU “AS IS”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CARECENTRA MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE IS ACCURATE, COMPLETE OR UP-TO- DATE.
CARECENTRA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY DATA OR INTERACTIONS OF ANY USER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY CARECENTRA EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR THE SOFTWARE,AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitations of Liability and Releases
IN NO EVENT SHALL CARECENTRA BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,PUNITIVE, EXEMPLARY, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL), WHETHER OR NOT CARECENTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
CARECENTRA’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR YOUR USE OR POSSESSION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CLAIMS COMBINED, WILL NOT EXCEED $1.00 U.S.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CERTAIN TYPES OF DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU WITH RESPECT TO CERTAIN TYPES OF DAMAGES OR CLAIMS.
To the fullest extent permitted under law, you agree to indemnify, defend and hold harmless CareCentra, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, from your use of the Software in a manner not permitted by the Terms.
Enforcement of Terms; Effect of Termination
This Agreement is effective until terminated. It is CareCentra’s policy to terminate users who violate this Agreement, as deemed appropriate in its sole discretion. Upon termination of this Agreement, all rights granted to you under this Agreement shall cease. You must stop using the Software and destroy all copies of the Software. Termination will not limit any of CareCentra’s other rights or remedies at law. You may terminate this Agreement at any time by discontinuing use of the Software.
Third Party Technology
Any and all third party content and technology provided, made available, linked to, or otherwise accessible through the Software (“Third Party Technology”) is provided solely as a convenience to you and is not under the control of CareCentra. CareCentra does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. CareCentra does not have any responsibility or liability to you for any Third Party Technology which you access and you use at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology.
Mobile Devices & Third-Party Restrictions:
CareCentra, not Apple, is responsible for:
a.The CareCentra Software;
b.Maintenance or support of the Software;
c.Any product warranties, whether express or implied;
d.Addressing any claims of the end-user or any third party relating to the Software or the end-user’s possession and/or use of that licensed application, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
e.The investigation, defense, settlement and discharge of any third party claim that the Software or your possession and use of the Software infringes a third party’s intellectual property rights.
Governing Law/Waiver of Trial by Jury
This Agreement shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of New Jersey. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SOFTWARE OR THESE TERMS SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE
COUNTY OF MERCER, NEW JERSEY, U.S.A. YOU AND CARECENTRA IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
EXCEPT WHERE PROHIBITED BY LAW, THE PARTIES EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
We make no representation that information on the Software is appropriate or available for use outside the United States. Those who choose to download and access the Software from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
Statute of limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Software or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
US Government Users
Pursuant to the policy stated at 48 CFR 227.7202-1, U.S. Government users acknowledge that (i) the Software is commercial computer software, (ii) this Agreement embodies the licenses customarily used by CareCentra for licenses in Software granted to the public, and (iii) the licenses set forth herein shall apply to all possession, use and duplication of the Software by the U.S. Government, except to the extent which such licenses are inconsistent with Federal procurement law. The Contractor/manufacturer is CareCentra, LLC.
You may not export or re-export any Software except in full compliance with all United States laws and regulations, executive orders and the like, including in particular the Export Administration Regulations of the U.S. Department of Commerce. Without limitation of the foregoing, no Software may be exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List.