Last updated October 1, 2018
Introduction
The Terms of Use and/or Agreement to Terms contained herein on this website, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein.
This Website is not for use by any minors, defined as those who are not at least 18 years of age.
These Terms of Use govern your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to you on the Website (“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services for you and your medical provider and/or vendor.
The information provided on this Website is not intended for distribution to or use by any person or entity in any jurisdiction where such usage distribution or use would be contrary to law or regulation.
IF YOU DO NOT AGREE WITH THE TERMS OF USE SET FORTH HEREIN, PLEASE IMMEDIATELY CEASE USE OF THE WEBSITE.
User Representations
By using this Website, you represent and warrant that: 1) you have the legal capacity and you agree to comply with these Terms of Use; 2) you are not a minor in the jurisdiction in which you reside 3) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; 4) you will not use this Website for any illegal or unauthorized purpose and 5) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, misleading, nor current or incomplete, we have the right to suspend and/or refuse any and all current or future usage of the Website.
Modifications
CARE CAP PLUS, LLC (CARE CAP PLUS) may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean you accept and acknowledge those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of CARE CAP PLUS. CARE CAP PLUS may establish or change, at any time, general practices and limits concerning other CARE CAP PLUS products and services in its sole discretion.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, CARE CAP PLUS and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. Unless otherwise indicated, the Website is CARE CAP PLUS’s proprietary property and all codes, databases, functionality, software, Website designs, audio, video, graphics, trademarks and/or services are owned by CARE CAP PLUS.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of CARE CAP PLUS, its affiliates or third-parties. The Content is protected by copyright and other laws in both the United States. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of CARE CAP PLUS, its affiliates or other entities that have granted CARE CAP PLUS the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of CARE CAP PLUS. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without CARE CAP PLUS’s or the appropriate third-party’s prior written permission. Except as expressly provided herein, CARE CAP PLUS does not grant to you any express or implied rights to CARE CAP PLUS or any third-party’s Intellectual Property. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by CARE CAP PLUS in writing.
Restrictions
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
- using this Website to harass, annoy, intimidate or threaten any CARE CAP PLUS employees
In addition to other restrictions set forth in these Terms of Use, You, as user, agree that:
- You shall not disguise the origin of information transmitted through the Website.
- You will not place false or misleading information on the Website.
- You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by CARE CAP PLUS.
- You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another, defined herein.
- Certain areas of the Website are restricted to customers of CARE CAP PLUS. You may not use or access the Website or the CARE CAP PLUS Systems or Services in any way that, in CARE CAP PLUS’s judgment, adversely affects the performance or function of the CARE CAP PLUS Systems, Services or the Website or interferes with the ability of authorized parties to access the CARE CAP PLUS Systems, Services or the Website.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of CARE CAP PLUS.
Third-Party Websites and Content
This Website may contain or you may be sent links to other websites (“Third-Party Websites”), as well as text, information, applications, software or other content or items belonging to or originating from third-parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, validity, appropriateness or completeness by us, and we are no responsible for any Third-Party Websites accessed through this Website or an Third-Party Content posted on, available through, or installed from this Website including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third-Party Websites or Third-Party Content. Any purchases you make through Third-Party Websites will be through other websites and from other companies. CARE CAP PLUS takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the Third-Parties.
Site Management
CARE CAP PLUS reserves the right, but not the obligation to:
- monitor the Website for violations of Terms of Use
- take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or portion thereof
- in our sole discretion and without limitation, notice, or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and
- otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
No Warranties
This Website is provided “as is,” and CARE CAP PLUS makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you, legal or medical.
Limitation of Liability
In no event shall CARE CAP PLUS, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and CARE CAP PLUS, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
CARE CAP PLUS is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Assignment
CARE CAP PLUS shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms. You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between CARE CAP PLUS and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Term + Termination
These Terms of Use shall remain in full force and effect while you use the Website. Without limiting any other provision of these Terms of Use, we reserve the right to, in CARE CAP PLUS’s sole discretion, and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the Website or delete any content or information you posted, at any time, without warning, in our sole discretion. You agree that CARE CAP PLUS, in its sole discretion, may terminate or suspend your use of the Website, the CARE CAP PLUS Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Content. Accessing the Website, the CARE CAP PLUS Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that CARE CAP PLUS shall not be liable to you or any third-party for any termination or suspension of your access to the Website, the CARE CAP PLUS Systems, Information and/or the Services.
Disclaimer of Warranties
CARE CAP PLUS makes no representations about the results to be obtained from using the website, the CARE CAP PLUS systems, the services, the information or the content. The use of same is at your own risk. The website, the CARE CAP PLUS systems, the information, the services and the content are provided on an “as is” basis. CARE CAP PLUS, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. CARE CAP PLUS and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website or the CARE CAP PLUS systems. No information obtained by you from the website shall create any warranty not expressly stated by CARE CAP PLUS in these terms of use.
General Disclaimer
CARE CAP PLUS provides the carecapplus.com Website as a service to the public.
CARE CAP PLUS is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Website is correct, complete, and up-to-date.
Although the CARE CAP PLUS Web site may include links providing direct access to other Internet resources, CARE CAP PLUS is not responsible for the accuracy or content of information contained in these sites.
Links from CARE CAP PLUS to third-party sites do not constitute an endorsement by CARE CAP PLUS of the parties or their products and services. The appearance on the Website of advertisements and product or service information does not constitute an endorsement by CARE CAP PLUS, and CARE CAP PLUS has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
Professional Disclaimer
This Website cannot and does not contain legal and/or medical advice. The legal information is provided for general informational and educational purposes only and is not a substitute for any form of professional, legal and/or medical advice. Accordingly, we encourage you to consult with relevant, appropriate professionals. The use or reliance of any information contained on this site is solely at your own discretion and risk.
Limitation of Liability
To the extent permitted by applicable law and to the extent that CARE CAP PLUS is otherwise found responsible for any damages, CARE CAP PLUS is responsible for actual damages only. To the extent permitted by law, in no event shall CARE CAP PLUS, its affiliates, its licensors, its suppliers or any third parties mentioned at the website.
Be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, the CARE CAP PLUS systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not CARE CAP PLUS is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use
Governing Law & Jurisdiction
To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the website, the CARE CAP PLUS systems, information, services and content shall be instituted in a state or federal court sitting in the county of Fulton, state of Georgia, united states of America and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the website, the CARE CAP PLUS systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New Jersey for the resolution of any disputes.
Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or CARE CAP PLUS (individually a “Party” or collectively, the “Parties”), the Parties agree to first attempt to negotiate and resolve any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from both Party and resolve solely upon a signed, written agreement amongst the Parties.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Parties agree to resolve the Dispute via binding arbitration. You understand and acknowledge that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If for any reason, a Dispute proceeds to court rather than arbitration, the Dispute shall be commenced and prosecuted in the state of New Jersey, Bergen County. The Parties hereby consent to, and waive all defenses related to lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state. In no event shall any Dispute brought by either Party related in any way to the Website be commenced more than one (1) year after the cause of action arose.
Indemnification
You hereby indemnify to the fullest extent CARE CAP PLUS from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach, if any, of any of the provisions of these Terms.
User Data
CARE CAP PLUS will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using this Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.