CareCoach is a patient-focused initiative that provides patients, healthcare providers and other caregivers with information, support and tools to improve their communications with one another.
1. Description and Use of CareCoach
CareCoach and CareCoach.com are an integrated web and mobile platform that creates and securely archives a personal audio health record which can be used to: enable patients and their caregivers to easily track medical appointments; improve communication among patients and their caregivers; review past visits and prepare for future medical exams; research similar (but deidentified) healthcare provider-patient interactions; share visit information with physicians, health care providers and caregivers; and review and print medical exam discussion guides to use at future caregiver visits. CareCoach functionalities are described more fully at www.carecoach.com .
CareCoach is a tool intended to assist patients (including the parents of minor patients and the caregivers of elderly or incompetent patients), physicians (including all care team members), and other health care providers, but is not intended as a substitute for actual communication between patients, physicians or other health care providers. Physicians and health care providers may not use CareCoach or any of the recordings or other information created or contained therein (hereinafter, the "Content") as the sole means to diagnose a health problem or disease, or as the sole means of determining diagnosis or treatment. Rather, CareCoach must be used as a tool in the context of a preexisting healthcare provider-patient relationship and interaction.
CareCoach does not recommend or endorse any specific tests, products, procedures, opinions, or other information or Content that may be communicated, transmitted or linked using CareCoach. This site does not provide medical or any other healthcare advice, diagnosis or treatment. Always seek the advice of your healthcare provider with questions regarding a medical condition, diet, fitness or wellness program.
CareCoach is a division of Verilogue, Inc. and references to CareCoach, herein, include Verilogue, Inc.
2. Use of CareCoach and Contents
CareCoach, as well as any other names used by CareCoach, are trade names, trademarks and service marks that are the sole property of CareCoach or Verilogue, Inc. All other trademarks and service marks are the registered or unregistered trademarks and service marks of their respective owners. Use of any CareCoach, Verilogue, Inc., or third party trademark, trade name, service mark, or other logo or mark is prohibited, unless expressly authorized in writing in advance by its owner.
CareCoach is subject to change or termination without notice in the sole discretion of CareCoach.
Users may terminate the use of CareCoach for any reason at any time by providing a written notification to CareCoach at email@example.com. Termination will be effective no more than thirty (30) days following the date of receipt of the user's notice of termination. CareCoach will destroy the information and will not be liable for any lost records. It is the user's responsibility to create any back-up or duplicates of all health information.
3. Patient Responsibilities
You expressly assume responsibility for the use of CareCoach for the purpose of enhancing communication with your healthcare provider. You are responsible for obtaining and maintaining the equipment and services necessary to access and use CareCoach, including but not limited to any computer hardware, software, telephone landline, smart phone, mobile access, wireless provider, Internet connection, Internet Service Provider, SMS capability, data access and transmission capability, network access and coverage, etc. You are solely responsible for all costs related to the equipment and services necessary or desirable for the access to and use of CareCoach and Content. CARECOACH IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY COSTS RELATED TO THE EQUIPMENT AND SERVICES NECESSARY OR DESIRABLE FOR THE ACCESS TO AND USE OF CARECOACH.
You are responsible for maintaining the confidentiality of your user identification and password. As part of this Agreement, you also must contact CareCoach immediately in the event that you may have reason to believe there has been any unauthorized access or use of your account.
You are solely responsible for maintaining the privacy and security of any individually identifiable health information accessed, stored, used, or transmitted using a Website, and for compliance with any and all federal and state laws applicable to the privacy, security and confidentiality of health information.
All users of CareCoach must be at least 18 years of age or older (the ?Age of User?). Notwithstanding the forgoing, the health information of a person below the Age of User may be entered into the website or mobile application by a parent or legal guardian. Only the parent or legal guardian of such minor individual has the right to choose the Care Team members who may have the right to access such minor's health information. By using CareCoach, you acknowledge that you are over the age of legal majority and in no event less than 18 years.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL CARECOACH BE RESPONSIBLE FOR OR LIABLE FOR THE USE OR MISUSE OF CARECOACH, INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ACCESSED, STORED, USED OR TRANSMITTED USING CARECOACH, OR FOR COMPLIANCE WITH APPLICABLE LAWS AND ETHICS BY USERS OF CARECOACH.
Moreover, consistent with any and all applicable laws, the files, data, text or other information supplied by you shall not contain any material or information that is obscene, pornographic, defamatory, libelous, or slanderous, or which violates any laws of the United States or any State, the rights of any person or entity, including without limitation, rights of publicity, privacy or personality, or which infringes on any third party rights, including intellectual property rights.
4. Disclaimer of Warranties and Limitations of Liability
THE SOLE RISK OF USING CARECOACH WEBSITE IS ASSUMED BY YOU AND SHALL NOT BE ASSUMED CARECOACH, VERILOGUE, INC., THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS.
CARECOACH IS NOT A LICENSED HEALTH CARE PROVIDER AND CANNOT AND DOES NOT PROVIDE MEDICAL ADVICE OF ANY KIND. LICENSED PROVIDERS WHO USE CARECOACH MUST DO SO IN THE CONTEXT OF THEIR MEDICAL EDUCATION AND TRAINING.
CARECOACH AND ANY RECORDING OR OTHER CONTENT ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, CARECOACH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
· THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF INFORMATION CONTAINED ON CARECOACH OR CONTENT REFERENCED ON OR THROUGH THE CARECOACH WEBSITE.
· COMPLIANCE WITH ANY GOVERNMENT LAWS OR REGULATIONS REQUIRING DISCLOSURE OF INFORMATION WITH RESPECT TO ANY PATIENT OR CONDITION.
· ANY MEDICAL OR OTHER TREATMENT, ACTION OR PROTOCOL.
· ANY MEDICINE OR MEDICAL DEVICE.
· REFERENCE TO ANY PHARMACEUTICALS, SUPPLEMENTS OR OTHER SUBSTANCES, WHETHER INGESTED OR OTHERWISE USED OR APPLIED.
· THAT ANY CONTENT OR OTHER INFORMATION TRANSMITTED OR RECEIVED USING CARECOACH WILL BE TRANSMITTED OR RECEIVED IN A TIMELY OR COMPLETE MANNER, OR THAT SUCH WEBSITES OR CONTENT OR OTHER INFORMATION WILL REMAIN UNALTERED, UNCORRUPTED AND USABLE AS INTENDED.
· THAT CARECOACH, CONTENT OR OTHER INFORMATION IS SECURE FROM ANY ATTACK OR ANY INTENTIONAL OR UNINTENTIONAL DAMAGE OR DELETION.
IN NO EVENT SHALL CARECOACH, VERILOGUE, INC. RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE CARECOACH OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARECOACH, VERILOGUE, INC., RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CARECOACH, VERILOGUE, INC. RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CARECOACH OR CONTENT. IN NO EVENT SHALL CARECOACH'S TOTAL LIABILITY TO ANY PARTY UNDER THIS AGREEMENT EXCEED $1.00. THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN CARECOACH AND THE USER OF CARECOACH AND ITS CONTENT.
ANY CLAIMS ARISING IN CONNECTION WITH USE OF CARECOACH, THE CONTENT OR ANY RELATED INFORMATION MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF WHEN THE EVENT GIVING RISE TO SUCH ACTION OCCURRED, IN THE COURTS OF MONTGOMERY COUNTY PENNSYLVANIA UNDER THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT RESPECT TO ITS CHOICE OF LAW PROVISIONS
REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
5. CareCoach Contact Information, Privacy and Security Responsibilities
If the user has questions concerning these terms and conditions or any use of CareCoach, please contact:
220 Gibraltar Rd. Suite #300
Horsham, PA 19044
6. Retention of Content
CareCoach shall retain each recorded event for seven (7) years following the date of such recording and shall engage in planned destruction of such recordings thereafter unless other arrangement are agreed to by CareCoach, the patient and/or physician, provider or caregiver. Death of a patient shall not alter this timeline, unless destruction is directly requested by the estate of the deceased supported with a legal opinion acceptable to CareCoach that such destruction is lawful.
Access to CareCoach shall be coterminous with the subscription for the use of CareCoach and shall not, in any case, exceed twelve calendar months without renewal.
7. Complete Agreement
This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. If you have confidentiality obligations related to the service --for example, you may have been a beta tester-- those obligations remain. The contract's section titles do not limit its terms.
We may assign transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.