Terms of Use

Effective Date: July 20, 2015

Last Updated: September 15, 2016

Introduction

BY USING AND/OR REGISTERING WITH CAREDASH, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY REGISTERING WITH CAREDASH, YOU CERTIFY THAT YOU ARE A RESIDENT OF THE UNITED STATES. NON-US RESIDENTS MAY NOT REGISTER WITH CAREDASH.

Welcome to the CareDash website, www.CareDash.com and any other site operated under the name ("CareDash", “the Site”, “We”, “Our”, or “Us”) and any mobile app or other service made available to You (“You”, “Your”, or “Yours”) by CareDash (collectively referred to as the “Services”). These Terms of Use (this "Agreement") and apply to Your use of CareDash and the Services. The CareDash Privacy Policy found at https://www.caredash.com/privacy-policy is incorporated by reference into this Agreement and made a part of it. Carefully read the terms of this Agreement.

By accessing CareDash or otherwise using the Services, You acknowledge that You have read and agree to be bound by this Agreement, and You expressly consent to the use and disclosure of Your personally identifiable and other information as described in the Privacy Policy. If You do not agree with any of the terms of this Agreement, You do not have permission to access CareDash or use the Services.

In addition, You may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern Your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.

CareDash reserves the right, in its sole discretion, to modify this Agreement at any time and to give notice of such modification by posting a modified version of this Agreement to CareDash and the Services. If, in the reasonable exercise of its sole discretion, CareDash determines that modification of the Privacy Policy will materially change the treatment of information previously collected from You, CareDash shall additionally notify You of such change posting notice of such change on the home page of CareDash.com and/or by emailing You at an email address provided by You to Caredash. Upon receiving notice of any such notice of modification, You agree to be bound by the modified Agreement through Your continued access to CareDash or otherwise use of the Services.

CAREDASH DOES NOT PROVIDE MEDICAL, HEALTH, SAFETY OR FINANCIAL ADVICE. CareDash and the Services are provided for informational purposes only, and are not intended as a substitute for (i) professional medical advice, diagnosis, or treatment; (ii) professional health and safety services; or (iii) professional financial advice.

Always seek the advice of Your physician or other qualified healthcare provider for answers to any questions You may have regarding a medical or health related condition. CareDash and the Services are not intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on Our Platform. Reliance on CareDash and the Services are solely at Your own risk.

We do not recommend or endorse any particular healthcare provider whose information, reviews, or ratings appear on Our Platform. Rather, CareDash is only a “conduit” or intermediary that provides the aforementioned content regarding healthcare providers. No content or other information contained on CareDash or the Services should be construed as a recommendation or endorsement of a particular healthcare provider. The Content and other information on CareDash and the Services include statements of opinion, which are not statements of fact or Our recommendations to utilize the services of any specific healthcare provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Healthcare Provider. The opinions expressed on CareDash and the Services are those of Our users and not of CareDash.

Additionally, CareDash is not an investment advisor and cannot provide personalized advice. CareDash cannot know all the relevant facts about You and Your individual needs, and cannot claim or represent that any particular product or Services are suitable for You. If You want personal advice, then You should seek a registered investment advisor.

You acknowledge that all information available through CareDash and the Services is obtained from third-party sources and CareDash does not independently verify this information. You agree to assume all responsibility in connection with choosing any use of information obtained through CareDash or the Services.

Your Membership. As between You and others, Your account belongs to You. You agree to: (1) try to choose a strong and secure password; (2) keep Your password secure and confidential; (3) not transfer any part of Your account (e.g., connections, groups); and (4) follow the law and the Do’s and Don'ts below. You are responsible for anything that happens through Your account unless You close it or report misuse.

Minimum Age. To use the Services, You agree that You must be the “Minimum Age,” which is 18 years or older. However, if law requires that You must be older in order for CareDash to lawfully provide the Services to You (including the collection, storage and use of Your information) then the Minimum Age is such older age. The Services are not intended for use by anyone under the age of 18.

Your License to CareDash. As between You and CareDash, You own the content and information that You submit or post to the Services and You are only granting CareDash the following non-exclusive license. By posting User Content to any part of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. These rights are limited in the following ways:

  • You can end this license for specific content by deleting such content from the Services, or generally by closing Your account, except (a) to the extent You shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems. You may delete such content by emailing info@caredash.com with the subject line, "Deletion Request".
  • While We may edit and make formatting changes to Your content (such as translating it, modifying the size, layout or file type or removing metadata), We will not modify the meaning of Your expression.
  • Because You own Your content and information and We only have non-exclusive rights to it, You may choose to make it available to others, including under the terms of a Creative Commons license.

You agree that We may access, store and use any information that You provide in accordance with the terms of the Privacy Policy and Your privacy settings.

By submitting suggestions or other feedback regarding Our Services to CareDash, You agree that CareDash can use and share (but does not have to) such feedback for any purpose without compensation to You.

You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that Your profile information will be truthful. CareDash may be required by law to remove certain information or content in certain countries.

Registration. In order to access any of the Services, You will be asked to submit certain information about Yourself ("Registration Information"). You represent and warrant that all Registration Information You have provided is true, accurate, current and complete.

Email Communication. You must provide Your electronic mail ("email") address when registering to access any of the Services. We may use Your email address, when necessary, to communicate with You regarding the administration of CareDash. Occasionally, You may receive newsletters and updates with information that We deem to be of interest to the members of CareDash. If You do not want to receive newsletters and updates, You may opt out of those Services (i) through the email subscription management page on Your profile; (iii) by clicking on the "unsubscribe" link on newsletters and updates, (iv) by visiting the Unsubscribe page on the Site; or (v) by emailing info@caredash.com with the subject line “unsubscribe”. When You register with the Site, You will receive an email asking You to confirm Your email address. By confirming Your email address, you are confirming that you are willing to receive commercial messages from CareDash.

Ownership of Intellectual Property. CareDash and its licensors own all rights, title and interest in and to the CareDash and the Services, and any Intellectual Property Rights therein and/or related thereto. "Intellectual Property Rights" means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The CareDash name and logo are trademarks of CareDash, LLC., and no right or license is granted to You herein to use such trademarks.

Linked Sites. CareDash may contain links to third party sites that are not under the control of CareDash, and CareDash is not responsible for any content on any linked site. If You access a third party site from the CareDash, then You do so at Your own risk. CareDash provides links only as a convenience and the inclusion of the link does not imply that CareDash endorses or accepts any responsibility for the content on those third party sites. CareDash welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by CareDash or any group or individual affiliated with CareDash. You may not use on Your site any content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.

Use of CareDash and the Services – Permissions and Restrictions. You may access and use CareDash and the Services only for lawful purposes and solely in accordance with the terms of this Agreement. CareDash reserves the right to discontinue any aspect of CareDash or the Services at any time and without notice. All rights not expressly granted to You under this Agreement are reserved by CareDash and its licensors.

You will not:

  • license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party CareDash or Services; or
  • modify or make derivative works based upon CareDash or the Services; or
  • reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of CareDash or the Services, or authorize any third party to do any of the foregoing; or
  • access or make use of the Services and CareDash by scripts or automated services; or
  • impersonate any person or use a name that You are not authorized to use; or
  • compromise violate or impair system or network security or operation.

Dos and Don’ts

Dos. You agree that You will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to Us and keep it updated;
  • Use the Services in a professional manner.

Don'ts. You agree that You will not:

  • Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
  • Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by CareDash);
  • Use or attempt to use another's account;
  • Harass, abuse or harm another person;
  • Send spam or other unwelcomed communications to others;
  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • Disclose information that You do not have the right to disclose (such as confidential information of others);
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of CareDash, including, without limitation, using the word “CareDash” or Our logos in any business name, email, or URL;
  • Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by CareDash;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
  • Create profiles or provide content that promotes escort services or prostitution;
  • Create or operate a pyramid scheme, fraud or other similar practice;
  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • Copy or use the information, content or data on CareDash in connection with a competitive service (as determined by CareDash);
  • Copy, modify or create derivative works of CareDash, the Services or any related technology (except as expressly authorized by CareDash);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • Imply or state that You are affiliated with or endorsed by CareDash without Our express consent;
  • Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
  • Sell, sponsor, or otherwise monetize a feature of CareDash’s Services, without CareDash’s consent;
  • Deep-link to Our Services for any purpose without CareDash’s consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on Our Service;
  • Remove, cover or obscure any advertisement included on the Services;
  • Collect, use, copy, or transfer any information obtained from CareDash without the consent of CareDash;
  • Share or disclose information of others without their express consent;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services' availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Access the Services except through the interfaces expressly provided by CareDash, such as its mobile applications and CareDash.com;
  • Override any security feature of the Services; and/or
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

Complaints regarding content posted on the CareDash Website or App

CareDash respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, CareDash provides a process for submission of complaints concerning content posted by Our Members. Our policy and procedures relating to complaints of copyright infringement are described below. Any complaints about content posted on the site by Users that do not relate to alleged copyright infringement should be directed to info@caredash.com.

Please note that whether or not We disable access to or remove content, CareDash may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that CareDash has received notice of an alleged violation of intellectual property rights or other content violation. It is also Our policy, in appropriate circumstances and in Our discretion, to disable and/or terminate the accounts of Members who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Please note that any notice or counter-notice You submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

Claims regarding copyright infringement

Notice of Copyright Infringement:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), CareDash has implemented procedures for receiving written notification of claimed infringements. CareDash has also designated an agent to receive notices of claimed copyright infringement. If You believe in good faith that Your copyright has been infringed, You may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed;
  • A description specifying the location on Our website of the material that You claim is infringing;
  • Your telephone number and email address;
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit Your notice to CareDash’s Copyright Agent by email to: info@caredash.com.

Or contact Us by mail at:

161 First St, Suite 4B
Cambridge, MA 02142

Counter-Notice:

If You believe that a notice of copyright infringement has been improperly submitted against You, You may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:

  • Your physical or electronic signature;
  • Identification of the material removed or to which access has been disabled;
  • A statement under penalty of perjury that You have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  • Your name and telephone number, and a statement that You consent to the jurisdiction of the Federal District court (i) in the judicial district where Your address is located if the address is in the United States, or (ii) located in the District of Massachusetts, if Your address is located outside the United States, and that You will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please submit Your Counter-Notice to CareDash’s Copyright Agent by mail to the address specified above. It is CareDash’s policy to remove repeat infringers from the CareDash site.

Representations and Warranties. You represent, warrant and covenant for the benefit of CareDash that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; (3) all information You provide to CareDash in connection with this Agreement and Your access to CareDash and use of the Services is correct and current.

Indemnification. You will indemnify, defend, and hold harmless CareDash and each of its respective employees , officer, directors, and affiliates ("Indemnified Parties"), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) Your accessing CareDash or use of the Services, including any materials disseminated or transmitted by You and/or Your Registrants; (b) Your breach of any term of this Agreement; or (c) Your negligence or intentional misconduct hereunder. CareDash will provide You with notice of any such claim or allegation, and CareDash will have the right to participate in the defense of any such claim at its expense.

Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. CareDash DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. CareDash DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY CareDash WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.

Limitation of Liability. IN NO EVENT WILL CareDash BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE SITE, THE INFORMATION THEREON, OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, EVEN IF CareDash HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY CareDash IN CONNECTION WITH YOUR FREE MEMBERSHIP SHALL BE TO DISCONTINUE YOUR FREE MEMBERSHIP.

YOUR RECOVERY FOR ANY DAMAGES THAT OCCUR AS A RESULT OF YOUR USE OF SERVICES PROVIDED BY CareDash IN CONNECTION WITH YOUR PREMIUM MEMBERSHIP SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR YOUR PREMIUM MEMBERSHIP.

Notices. Except as otherwise expressly set forth herein, all notices by You to CareDash under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to CareDash’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. CareDash may deliver a notice to You by posting of a general notice on the Site, which will be effective 48 hours after posting to CareDash.

Term, Termination

This Agreement shall be effective for as long as You use access CareDash or the Services and the above sections on the Ownership of IP, Data Collection, Reps and Warranties, Indemnification, Disclaimer and General Provisions shall survive termination or expiration of this Agreement.

CareDash may terminate Your Membership without cause, at any time and without notice to You.

The termination of Your Membership shall terminate Your access to any Services for which registration is required. Neither CareDash nor any affiliate of CareDash shall be liable to You or to any third party for termination of Your Membership for any reason. No third party is an intended beneficiary of this agreement.

General Provisions. This Agreement is the complete and exclusive statement of the Agreement between CareDash and You regarding the Services and supersedes any other agreement or proposal, oral or written (including information on CareDash), and any other communications between CareDash and You. This Agreement will be governed by the laws of the State of Massachusetts without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state or federal courts located in Massachusetts. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no other third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of Your rights or obligations under this Agreement without the prior written consent of CareDash. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.