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Terms Of Use

 

IMPORTANT

These Terms of use (the “Agreement”) are a legal agreement between You (either an individual or an entity) and CareSimple Inc. and CareSimple Canada Inc. (“CareSimple”) regarding the access and use of CareSimple’s website and related Services which may include user or other documentation that is available “on-line” or in other modes of electronic form (the “Content”). In addition, parts of CareSimple’s Services may be subject to additional terms and conditions of use from those contained herein and such terms shall be incorporated herein.

The use of CareSimple’s “Software as a service” (SaaS) products, namely the CareSimple™ services, shall be governed by their additional respective End User License Agreements.

By accessing and using the CareSimple Website, you consent to the Terms of this Agreement. If you do not agree with the Terms of use contained herein, you must stop accessing and using all CareSimple’s Website and Services.

Definitions

“Account” means a user’s subscription and/or means to access the System.

“Applicable Law(s)” means all applicable laws, regulations, rules, and guidance to which you are subject, whether by jurisdiction or organizational affiliation, including, but not limited to, any ethics or institutional review board (IRB) requirements, or institution or office/practice policies, or procedures.

“Content” means data and electronic information of any kind, including but not limited to text, digital images and metadata, uploaded or otherwise provided to/by the Services and/or the Website.

“Personal Data” means information that identifies you personally as a User of the System and all pertinent information concerning you and your use of the System.

“Services” means the CareSimple website and all apps and software operated by CareSimple;

“CareSimple SaaS” means CareSimple’s Software as a Service products, namely CareSimple™

“User” means you and any other User of the Services.

“User ID” means a unique User identification used by a User to access the Services.

“Website” means the websites and social medial platforms of CareSimple.

1. Appropriate use of the Website:

You hereby agree to use CareSimple’s website only for lawful purposes and in respect with these Terms of use, CareSimple’s Privacy Policy and the applicable End User License Agreement.

This Website and the Services are not meant to be used by Users under 18 years of age. If you are under 18 years of age, you shall not use the Website nor the Services and we reserve the right to refuse access to a user under said age.

2. License:

Subject to the terms of the CareSimple’s End User License Agreements, as which may be applicable, You hereby provide an irrevocable, non-exclusive, worldwide license to CareSimple of any intellectual property rights, whether copyrights, trademarks, trade dress, patents, trade secrets, rights of publicity or right of privacy, which you may have in any Content or other materials (the “Licensed Materials”) which you may provide to CareSimple so as to, among other things, allow CareSimple (a) to operate and maintain the Website and the System for its intended uses as specified in this Agreement, (b) to maintain and reproduce such Licensed Materials within the System as permitted by applicable law, (c) to provide access to such Licensed Materials to Approved Users, and (d) to incorporate such anonymized Licensed Materials into derivative works as permitted by law, including, but not limited to, publications concerning statistical research, statistical compilations and reports on or about the Website and the Services.

3. Termination and survival of terms:

This Agreement shall be effective for an unlimited duration unless otherwise terminated in accordance with this section. Upon termination of this Agreement by either you or CareSimple, you must cease immediately all use and destroy all copies and reproductions of the Website and all its components.

CareSimple shall not be liable for the termination of your access to the Website and/or the Services or the deletion of your Personal data.

In the event of termination, the rights and obligations provided in sections 9 to 13 shall survive the termination of this Agreement.

4. Electronic communications (emails):

Your email address may be used to send you Electronic Communications from time to time. At any time, you may ask us to stop sending you Electronic Communications by contacting [email protected] or using the unsubscribe clickable mechanisms provided at the bottom of such communication.

5. Ownership and intellectual property rights:

The Software is owned by CareSimple and is protected by the intellectual property and copyright laws of Canada, the United States, the European Union and certain international treaty provisions. CareSimple owns and retains all rights, title and interest including, patents, trade-marks, copyrights, trade secrets and other intellectual property rights in and to the Website and the Services, including but not limited to, source codes, images, photographs, animation, themes, titles, characters, video, audio, music, and text embodied or contained, therein. You may make one copy of the Website solely for backup or archival purposes provided that the copy you make contains all of the Website’s proprietary notices unaltered and unobstructed and whether they refer to the CareSimple. If this Website contains user documentation which is provided only in “on-line” or electronic form, you may print one (1) copy of such documentation for backup or archival purposes. You may not copy or reproduce the printed materials accompanying the Website for purposes other than mentioned herein. Nothing in this Agreement shall be construed as granting you any title and intellectual property rights in and to the Website or the Services, except for the limited license mentioned herein.

You acknowledge that all right, title and interest in any and all technology, including the hardware and software provided by CareSimple in connection with the Services and any trademarks or service marks of CareSimple or third parties whose products or services are utilized in connection with CareSimple’s provision of the Services other than information you provide (collectively, the “CareSimple Intellectual Property”) is vested in CareSimple and/or in CareSimple’s licensors. Unless otherwise expressly stated in this Agreement, you shall have no right, title, claims or interest in or to the CareSimple Intellectual Property, and you may not use, copy, modify or translate the CareSimple Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the CareSimple Intellectual Property, or grant any other person or entity the right to do so. Unless otherwise expressly stated in this Agreement, you are not authorized to distribute or to authorize others to distribute the CareSimple Intellectual Property in any manner without the prior written consent of CareSimple.

6. DMCA Compliance:

You acknowledge and agree that, pursuant to the United States Digital Millennium Copyright Act (“DMCA”), CareSimple may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion in the Services of information that you provide violates their copyrights. In such case, CareSimple may decide, at its sole discretion, to remove or ask you to remove the alleged infringing information from any of CareSimple’s platforms, namely but not limited to the Website. CareSimple may decide to remove such alleged infringing information for the duration of litigation pursuant to the DMCA. CareSimple may, at its sole discretion, decide to restore said information depending on the outcome of said litigation. You agree to cooperate fully with CareSimple in order to assure compliance with the DMCA upon receipt by CareSimple of any “take-down” notice issued by any third party. CareSimple shall reserve its right to remove allegedly infringing information notwithstanding your intention to challenge such allegations.

If You believe that your work has been reproduced contrary to your intellectual property rights by CareSimple, you shall address to CareSimple’s copyright agent a written notice with the following information:

  • A description of the copyrighted work or works that you claim have been infringed upon;
  • A precise description where the allegedly infringing material is located on CareSimple’s Website;
  • Your address, telephone number and e-mail address;
  • A statement by You representing why you think CareSimple’s material is illegally infringing your copyright material;
  • A sworn declaration representing all facts mentioned in the written notice is true and that you are the owner of said copyright material or a duly appointed representative said owner.

Said notice shall be sent to CareSimple’s copyright agent as follows:

CareSimple Inc.
ATTN: PRIVACY OFFICER
3801 PGA Blvd, Suite 600
North Palm Beach, FL 33410

CareSimple Canada Inc.
ATTN: PRIVACY OFFICER
740 Notre-Dame Street West, suite 1505,
Montreal, QC, Canada, H3C 3X6

Please note that this procedure is exclusively for notifying CareSimple and its subsidiaries that your copyrighted material has been infringed.

7. Limitation of liability:

You assume the entire cost of any damage resulting from your use of the Website and the information contained therein or compiled by the Website to the extent permitted by applicable law.

IN NO EVENT WILL CARESIMPLE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES FOR LOSS OF DATA, DAMAGE TO EQUIPMENT, HARDWARE OR SOFTWARE FAILURE, OR ANY OTHER PECUNARY LOSS ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE NOTWITHSTANDING ANY THEORY OF LIABILITY, WETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY OF LIABILITY, UNLESS THE INABILITY TO USE THE SOFTWARE RESULTS FROM THE INTENTIONAL CONDUCT OR GROSS NEGLIGENCE OF CARESIMPLE. CARESIMPLE MAKES NO WARRANTY OR REPRESENTATION THAT THE INFORMATION OR FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. FURTHERMORE, CARESIMPLE DOES NOT WARRANT THAT ALL SOFTWARE ERRORS, DEFECTS OR INEFFICIENCY WILL BE CORRECTED NOR DOES CARESIMPLE ASSUME ANY LIABILITY FOR FAILURE TO PROVIDE SUPPORT SERVICES AND TO CORRECT ANY SUCH ERROR DEFECT OR INEFFICIENCY. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL CARESIMPLE BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. IN NO EVENT WILL CARESIMPLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETER IN CONTRACT, EXTRACONTRACTUAL OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.

8. Unauthorized access, loss or corruption of data:

CareSimple is not responsible for any unauthorized access to your data, facilities or equipment by individuals or entities using the Website or for unauthorized access to, alteration, theft, corruption, loss or destruction of your data files, programs, procedures or information through the system, whether by accident, fraudulent means or devices, or any other means. You are solely responsible for validating the accuracy of all output.

YOU HEREBY HOLD HARMLESS AND WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS OR THE USE OF THIRD-PARTY SOFTWARE. CARESIMPLE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.

9. Disclaimer regarding health and medical information:

THE WEBSITE AND SERVICES ARE NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE. THE WEBSITE AND APPLICATIONS ARE PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL, CONVENIENCE AND ENTERTAINMENT PURPOSES ONLY AND ARE NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLY SPECIFIED. THE WEBSITE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAM OR PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, HEALTH COUNSELING OR MEDICAL OPINION FOR END USERS. THE CONTENT IS LIMITED TO PROVIDING END USERS WITH ACCESS ONLY TO HEALTH INFORMATION AND OTHER INFORMATION STORED BY SUCH END USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED IN THE CONTENT. RELIANCE ON ANY INFORMATION PROVIDED IN THE CONTENT IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION

10. Disclaimer regarding the information provided:

The information provided on CareSimple’s Website, Services or communications, such as but not limited to the statistics, financial estimates, reimbursement projections, are provided for informational purposes and CareSimple does not warrant or guaranty the exactitude of same.

YOU AGREE THAT CARESIMPLE TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE TOPICALITY, ACCURACY, COMPLETENESS, QUALITY OR DEFECTS IN THE INFORMATION, CONTENT OR WEBSITE DATA, COMMUNICATION LINES OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.

11. Indemnification:

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CARESIMPLE AND OTHER USERS, AND OUR AND THEIR AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS, FROM AND AGAINST ANY CLAIM, COST OR LIABILITY, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF: (A) THE USE OF THE SYSTEM BY YOU; (B) ANY BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THIS AGREEMENT; (C) THE ACTIONS OF ANY PERSON GAINING ACCESS TO THE SYSTEM UNDER A USER ID ASSIGNED TO YOU; (D) THE ACTIONS OF ANYONE USING A USER ID, PASSWORD OR OTHER UNIQUE IDENTIFIER ASSIGNED TO YOU THAT ADVERSELY AFFECTS THE SYSTEM OR ANY INFORMATION ACCESSED THROUGH THE SYSTEM, INCLUDING BUT NOT LIMITED TO A SECURITY BREACH; AND (E) YOUR NEGLIGENT OR WILLFUL MISCONDUCT.

12. Privacy:

When using the Services, you consent to the collection, use and disclosure of your Personal data by CareSimple according to the terms of its Privacy Policy (https://caresimple.com/privacy-policy/) as it then reads. You understand that third parties, including cloud providers and the manufacturers of the devices on which you access the Services, may collect, use or disclose Personal data uploaded to their systems or cloud services providers while you are using your mobile device or other software and that such collection, use or disclosure is subject to such third party’s privacy policy.

13. Generally not suitable for children under the age of [13]:

CareSimple Services are not intended for children under the age of 13. We do not knowingly collect Personal data via the Services from users in this age group. We do, however, collect information about children and babies provided by the parents or legal guardians of such children or babies. We ask our Services’ users not to provide information about any baby or child without first getting their parents’ or legal guardians’ consent. By providing Personal data regarding any baby or child, you are affirming that you are legally authorized to do so. We encourage parents and legal guardians to talk to their children about their use of the Internet and the information they disclose pursuant to the Services.

In the event that the Services have been used by a child under the age of 13 to store information of that child without parental consent, CareSimple shall be and is authorized to delete, in its entirety, any of the information stored. CareSimple also reserves the right to revoke any license to use the Services which is being used by a child under the age of 13

As we also do not intentionally collect or maintain information in the Services from those visitors and Users of the Services who are under 18 years old.

14. Third-Party Programs:

CareSimple is not responsible for the behavior, features or content of linked Third-Party Programs, or Third-Party Programs framed within the services, or provided as search results and does not make any representations regarding their content or accuracy. Your use of these Third-Party Programs is at your own risk and is subject to their terms of use and Privacy policy. CareSimple does not endorse any product, service, or treatment advertised in the Services. CareSimple will have no liability with respect to any loss or damage of any kind incurred as a result of any in the Services.

15. Security

CareSimple uses commercially reasonable and appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal data we collect. However, CareSimple can’t fully eliminate security and/or privacy risks associated with Personal data created, stored or transferred using the internet and internet technologies.

16. Changes and Updates to these Terms of use:

We reserve the right to amend these Terms of use from time to time without any prior notice or warning.

The access and use of this Website shall be governed by the latest version of these Terms of use. New versions of these Terms of use will be posted at https://caresimple.com/terms-of-use.

17. Severability:

If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. CareSimple’s failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between CareSimple and you or any other party be deemed to modify any provision of this Agreement.

18. End User License Agreements:

If you are using CareSimple SaaS, their respective End User License Agreements shall be applicable in addition to these Terms of Use. The End User License Agreements governing your use of the CareSimple SaaS contains important provisions disclaiming and excluding the liability of CareSimple and others in relation to your use of the Services, and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Services.

19. Compliance with applicable laws:

It is your responsibility to comply with, and ensure that your use of the Software complies with all applicable local, state, provincial, national, and foreign laws and regulations, including without limitation all laws relating to data privacy, international communications and the exportation and transmission of technical data and other regulated materials. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties as stipulated by the Office of Foreign Assets Control (“OFAC”).

20. Governing Law:

This Agreement is governed by the laws of Quebec and the federal laws of Canada and the United States applicable therein, without reference to conflict of laws principles. Each of the parties hereto irrevocably consents to the exclusive jurisdiction to the Courts of Quebec and further agrees to commence any litigation which may arise hereunder in the Courts located in the judicial district of Quebec.

21. Contact information:

Should you have any questions, complaints or claims with respect to this Agreement, the Website, or if you desire to contact CareSimple, please contact:

 

CareSimple Inc.
ATTN: PRIVACY OFFICER
3801 PGA Blvd, Suite 600
North Palm Beach, FL 33410

CareSimple Canada Inc.
ATTN: PRIVACY OFFICER
740 Notre-Dame Street West, suite 1505,
Montreal, QC, Canada, H3C 3X6

Email: [email protected]
Website: www.caresimple.com