2. REGISTRATION AND ACCESS
In order to access the Services, you must first register to use them as a subscriber by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your eCaring account options page.
While accounts are individual, you, as the account owner, may grant account access to additional users, such as additional healthcare providers, friends or family members. In doing so, you may choose to allow such additional users to retrieve, provide, and/or modify health and other information in your account, or otherwise share your information with a healthcare service provider.
Having said that, as the account owner, you are solely responsible for the activity that occurs through your account and the information shared. We urge you to keep your account password secure, to always log-off from the Services when leaving your computer unattended, to only grant access to people whom you trust and to constantly monitor such use. Although eCaring will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of eCaring or others due to such unauthorized use, so we strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at firstname.lastname@example.org.
3. NON-MEDICAL ADVICE
THE SITE AND RELATED SERVICES ARE OFFERED SOLELY AS AN INFORMATION MANAGEMENT TOOL AND DO NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES.
Any content accessed through eCaring is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services. Reliance on any information provided by eCaring or in connection with the Services is solely at your own risk. Please consult your doctor or other qualified healthcare providers if you have any questions about a medical condition, or before taking any drug, or commencing or discontinuing any course of treatment.
Furthermore, in cases of a medical emergency or for the diagnosis or treatment of any medical condition, the content of this Site should not be used. In such cases, we urge you to call 911, your doctor or a local hospital. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on this Site or due to your use of the Services.
4. FEES AND BILLING
By opening a subscription-based account with eCaring, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or the charge is returned for any reason, eCaring may suspend or terminate your account, thereby terminating this Agreement and all obligations of eCaring hereunder.
We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).
5. LIMITATION OF USE OUTSIDE THE U.S.
Please note that the Services are controlled and offered by eCaring from our facilities in the United States of America. The Services were created with the intent to be used by U.S. residents. You may use the Services outside of the U.S., but bear in mind that eCaring makes no representations that the Service is appropriate or available for such use.
6. OWNERSHIP OF THE SERVICE PROVIDED TO YOU
The underlying platforms of the Services are either the proprietary property of eCaring or the proprietary property of our licensors or licensees. By subscribing to our Services, eCaring grants you a personal, revocable, non-assignable, and non-exclusive license to use the eCaring system and Services for the term of the subscription in accordance with the Terms, unless terminated earlier.
“eCaring”, “CareTracker”, “CareJournal”, “CarePortrait”, “CareAlerts” “Their Needs. Your Concerns” and other trademarks, slogans, service marks, trade names, and trade dress which appear via the Service are proprietary to eCaring. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by eCaring. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
7. ACCOUNT CONTENT AND USE OF SERVICES
You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not: (i) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (ii) infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use; or (iii) be otherwise inappropriate or unlawful.
As far as your actual usage of the Services, you shall not (directly or indirectly): (i) access the Services other than by the interfaces provided by eCaring; (ii) take any action that imposes or may impose an unreasonable or disproportionately large load on eCaring’s infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass any measures eCaring may use to prevent or restrict access to the Services (or parts thereof); (v) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (vi) modify, translate, or otherwise create derivative works of any part of the Services; or (vii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
8. THIRD PARTY LINKS AND INFORMATON PROVIDED
The Services and Site may contain information in the form of, but not limited to, articles, advertisements, third-party opinions and links to third party websites – all which are not owned or controlled by eCaring. eCaring does not endorse any such third-party information and such information is solely provided as a convenience to our users and visitors. As such, eCaring also assumes no responsibility for the content, privacy policies, or practices of any third party. By accessing our Site and using the Services, you expressly relieve eCaring from any and all liability arising from your use of any third-party website, services or information.
9. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT
eCaring reserves the right to suspend or terminate the account of any user at any time and for any or no reason at all, at our sole discretion. Accordingly, eCaring reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
10. FEEDBACK FROM YOU
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of eCaring, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, eCaring may use or redistribute any such submission and its contents for any purpose and in any way it deems.
To provide such submissions or feedback, please email email@example.com.
11. NO WARRANTY
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. eCARING DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER eCARING NOR ANY OF eCARING’S LICENSORS MAKES ANY WARRANTY THAT THE CONTENT IN THE eCARING SYSTEM SATISFIES GOVERNMENT REGULATIONS. CONTENT IN THE eCARING SYSTEM IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER eCARING NOR ANY OF eCARING’S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12. LIABILITIES AND INDEMNITIES
You shall indemnify and save harmless eCaring and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by eCaring and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF eCARING FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A USER OR VISITOR FOR THE SERIVICES OR USE OF THE SITE.
eCARING WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ECARING OR ANY THIRD PARTY.
(a) If you have not signed a separate written agreement with eCaring related to the Services, then these Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and eCaring related to the eCaring system, the signed written agreement will control; (b) You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of New York, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits either party’s ability to seek equitable relief.
Version: October 2011