Carebox Terms of Service and Conditions of Use
LAST UPDATED: March 31, 2015
1. Accepting the Terms of Service and Conditions of Use. Welcome to Careboxhealth.com! Please read these terms and conditions carefully before using this website or any part of the related services, as they constitute a legally binding agreement between you and Carebox Healthcare Solutions Inc. (“Carebox“, “Us“, or “We“), and check them periodically for changes.
ANY USE OF THIS WEBSITE, OUR APPLICATIONS OR THE SERVICES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH OUR WEBSITE OR APPLICATIONS (COLLECTIVELY, THE “SERVICE”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THE TERMS AND CONDITIONS BELOW (THE “AGREEMENT”). BY USING THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THE AGREEMENT AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT.
We may change the terms of this Agreement from time to time by posting notice on Our website at careboxhealth.com, with a five (5) day advance notice. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use the Service.
2. DISCLAIMER. THE SERVICE IS A PERSONAL TOOL FOR SAVING AND DISPLAYING MEDICAL RECORDS, AND IS INTENDED ONLY TO ASSIST YOU IN ORGANIZING MEDICAL RECORDS. NO HEALTH CARE IS PROVIDED AS PART OF THE SERVICE AND WE ARE NOT A HEALTH CARE ORGANIZATION. THE SERVICE DOES NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES. WE EMPHASIZE THAT WE ARE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANIZATION AND CANNOT GIVE OUT MEDICAL ADVICE OR DIAGNOSIS.
We have no control over the completeness, validity, consistency, nor accuracy of any content provided (or lack of such) by you or others (such as hospitals or other health service providers).
We are not a HIPAA Covered Entity and the Service is not intended for use by a HIPAA Covered Entity in place of an EMR or similar application.
3. The Service.
- Access and use of the Service and any content made available through the Service or that you otherwise obtain in connection with the Service (“Content“), is permitted only for your own personal use, for the purpose of organizing your medical records, and only as long as you are in compliance with this Agreement.
- Portions of the Service may be subject to other agreements and policies which relate to a particular service or activity conducted through or offered on the Service (including terms of a sponsor if your use of the Service is connected with a sponsor), in addition to this Agreement (“ThirdPartyServices“). Use of Third Party Services is conditioned on you complying with their respective terms and conditions. BY USING THE THIRD PARTY SERVICES YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THEIR RESPECTIVE AGREEMENTS.
- We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and may immediately suspend or terminate your Carebox account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.
- You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service including imposing a fee for the use of certain services, upon notifying you to the email address associated with your Carebox account, with a five (5) day advance notice of such change. In addition, We may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
- At any time before the termination of your Carebox account, you may request to download a copy of your Content stored on the Service by sending a request to email@example.com. Following the termination of your Carebox account, subject to the provisions of the applicable law, We reserve the right to permanently delete your Content and have no obligation to provide you with a copy of such Content.
- Although we try to make the Service always available to you, We cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.
- Access to the Service is available only to registered users. As part of the registration process you may be requested to provide certain personal data, including among others name, address, email address and telephone number (collectively, “Registration Data”). You agree to:
– Provide true, accurate, current and complete Registration Data.
– Maintain and promptly update the Registration Data to keep it accurate, current and complete.
– Maintain the security and confidentiality of any usernames, passwords and other information used by you to access the Service.
– Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity.
– Immediately notify Us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data or any other breach of security that you become aware of involving or relating to the Service.
- Byproviding yourRegistration Data to Us, you consent to Us sending and you receiving, by means of telephone, SMS or e-mail, communications containing content of a commercial nature relating to the Service.We do not have to obtain your prior consent before sending such communications to you, but We shall cease to send such communications if you notify us in writing that do not wish to receive such Note that some communications are considered by Us to be integral to the service itself and in order to stop all communications from Us, you should terminate your Carebox account.
5. Submission of Content.
- As a condition to submit Content to the Service (either directly or via others), you warrant and represent that (i) you are at least eighteen (18) years of age; (ii) all of the submissions are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations; and (iii) you have all necessary right, power and authority to enter into and perform under this Agreement.
- You are entirely responsible for all your submissions of Content and the consequences of submitting them on the Service.
- Although we have no obligation to review or monitor any submissions of Content, we reserve the right, in our sole discretion, to monitor, edit and partially or fully remove any Content without prior notice at any time for any reason.
6. General User Conduct. In connection with the Service, you agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
- Allow or facilitate a third party, to violate or infringe any rights of Us or others or our policies or the operational or security mechanisms of the Service.
- Use the Service and any Content in any way that restricts or inhibits the use of the Service.
- Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service (“Marks“) but excluding Content provide entirely by you).
- Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service’s security and traffic management devices.
- Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrap information from the Service.
- [Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not].
We cannot and do not assure that other users of the Service are or will be complying with this Agreement, and, as between us, you assume all risk of harm or injury resulting from any such lack of compliance.
8. Proprietary Rights. The Content, including without limitation the Marks, that were not uploaded by you, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to any Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Content and Service not expressly granted herein are reserved. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
10. Copyright Protection – Digital Millennium Copyright Act
- We respect the rights of copyright owners and expect our users to the same. If you are a copyright work owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing Our Designated Copyright Agent with the following information in writing (“Notice“):
(i) sufficient details to enable identification of the copyrighted work that has been allegedly infringed, if multiple copyrighted works are claimed to be infringed, a representative list of such works;
(ii) a description of where the content that you claim is infringing is located on our Services;
(iii) your contact information at which you may be contacted (for example, your address, telephone number, and email address);
(iv) a statement that you have a good faith belief that the use of the content identified in the Notice is not authorized by the copyright owner, its agent, or the law; and
(v) a statement, under penalty of perjury, that the information in the Notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
(vi) the physical or electronic signature of the owner of the allegedly infringed copyrighted work or any person authorized to act on behalf of such owner;
- Following receipt of your Notice, We will take whatever action, in Our sole discretion, as We deem appropriate, including removal of the challenged content from the Service. We may ask you to provide further or supplemental information, prior to removing any content, as We deem necessary to comply with the provisions of the DMCA.
- It is Our policy to respond only to Notices of alleged infringement that comply with the provisions of this section.
- Our Designated Copyright Agent for notices of claims of copyright infringement may be reached as follows:
Copyright Agent, Carebox Healthcare Solutions Inc., 4023 Kennett Pike #55713, Wilmington, DE 19807, 1-888-689-0288, 1-815-366-7625; OR by electronic mail at: firstname.lastname@example.org.
11. Disclaimers of all Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUBMISSION OF CONTENT BY YOU OR OTHERS DOES NOT IMPLY ENDORSEMENT BY US OF THE CONTENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECITON WITH SUBMISSIONS OR PREVENTTION OF UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
YOUR USE OF THE SERVICE AND CONTENT, AND ANY ACTION OR INACTION BY USERS OF THE SERIVCE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE SERVICE), (II) IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and you. However, We will be liable to you for direct damages to you that arise out of any willful act on Our part in an amount up to one dollar ($1).
13. Limitation of Claims. Any claim or cause of action arising out of or related to use of the Service or to the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
14. Indemnification. YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION our actions or omissions while providing THE services (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT, PERSONAL INFORMATION AND REGISTRATION DATA; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (IV) ANY ACT OR OMISSION OF YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; (VI) YOUR CAREBOX ACCOUNT, BY YOU OR BY ANY ONE ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT.
We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
15. Governing Law and Exclusive Courts. This Agreement will be governed by laws of the State of Delaware without regard to its choice of law or conflicts of law principles. You and Us consent to the exclusive jurisdiction and venue in the courts in Delaware, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
Copyright © 2015, CAREBOX HEALTHCARE SOLUTIONS INC. All rights reserved.