Terms
of Use and Disclaimer
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.
By
using or accessing CareCoach, you agree to the following terms of
use. Do not use CareCoach
and its services if you do not agree to all of these terms and
conditions. CareCoach
reserves the
right to update the Terms of Use and Disclaimer at any time without
notice to you. The most current version of the Terms of Use and
Disclaimer can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of the CareCoach web
page. Users
of CareCoach understand and agree that the following conditions
apply:
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
By
agreeing to sign this Terms of Use and Disclaimer you specifically
agree that CareCoach is intended as a means to improve
communication with your physicians, health care providers and
caregivers. You
specifically agree that CareCoach and the Content are intended to
improve the quality of the healthcare provider-patient interaction
and of the health care services provided. Therefore, CareCoach is intended
to be considered a tool designed for your use. CareCoach is not part of a
medical record, claims record or legal medical record and is not
being created or maintained for, or to be used in, any professional
liability action against a physician, provider or caregiver.
Any
use of CareCoach not expressly permitted by this Terms of Use and
Disclaimer is a breach of these Terms of Use and may violate
copyright, trademark, and other laws. All rights not expressly
granted herein are reserved to CareCoach, Verilogue,
Inc., its partners, employees, officers, directors, successors,
agents, heirs or licensors.
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 support@carecoach.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.
CareCoach
reserves the right to immediately terminate the account of a user
and deny access to the website of any user that violates these Terms
of Use and Conditions. CareCoach
reserves the right to seek civil redress or press criminal charges
against any user that violates these Terms of Use and Conditions.
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:
CareCoach
220
Gibraltar Rd. Suite #300
Horsham,
PA 19044
CareCoach Privacy Policy and Notice of Privacy Practices are found at www.carecoach.com.
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.
8. Assignment
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.