Last Updated: March 31, 2017
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.
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 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 profile, 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. Healthcare providers may have the right to advertise on the Site and any paid-for advertising will be identified as “advertising”, “sponsored”, or by a similar phrase.
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:
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. For healthcare providers, Your email address must be from the verified domain of your practice or employer (e.g., email@example.com). 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 and offers 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 firstname.lastname@example.org 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 Site 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:
Dos. You agree that You will:
Don'ts. You agree that You will not:
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 email@example.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.
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:
Please submit Your notice to CareDash’s Copyright Agent by email to: firstname.lastname@example.org.
Or contact Us by mail at:161 First St, Suite 4B
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:
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"), to the extent permitted by applicable law, 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.
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.
THE FOREGOING “INDEMNITY”, “DISCLAIMER”, AND “LIMITATION OF LIABILITY” PROVISION MAYS NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
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.
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.