CarePredict Terms of Service

 

We are CarePredict, Inc. (“CarePredict,” “we,” or “us”) Our Service includes our website  www.carepredict.com, and our related websites, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and CarePredict regarding your use of the Service.

 

OUR SERVICE IS NOT INTENDED FOR EMERGENCY SITUATIONS.  IF YOU HAVE A SERIOUS HEALTH CONDITION OR DIAGNOSIS, OR IF YOU FEEL YOU ARE IN ANY DANGER, PLEASE CALL 911 OR THE APPROPRIATE EMERGENCY RESPONDERS.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CAREPREDICT’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CAREPREDICT’ PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CAREPREDICT AND YOU TO BE BOUND BY THESE TERMS.

 

AS DESCRIBED BELOW, THESE TERMS PROVIDE FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

  1. Overview. The Service is a device and associated software platform that helps our users and/or their families identify activity and behavior patterns that possibly may predict health challenges, including by (i) providing users access to information relating to their or their family members activity and behavior patterns and possible health challenges, suggest changes in activity levels, provide links to wellness information, reminders, assessments, surveys and related information (collectively, “Well-being Information”) and (ii) enabling users to communicate with third parties, family members, friends, neighbors, health care providers, emergency response systems, first responders, home care agencies, home health care agencies, care market places, care matching agencies, care registries, geriatric counselors, wellness advisors, health coaches, Independent Living Communities, Assisted Living Communities, Alzheimer Dementia Care Communities, PACE centers, and related professionals (collectively, “Care Circle”). As further described below, the Well-being Information and the Service itself is not medical or other professional health care advice.  If you use the Service to obtain health care advice, your informed consent will be required.

 

  1. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an individual, company, entity, or organization (each, an “Organization”), you represent and warrant that (i) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (ii) agree to be bound by these Terms on behalf of such Organization, and (iii) your Organization meets the eligibility requirements for the Services, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.

 

  1. Accounts and Registration. If you are signing up for the Service with CarePredict directly, you must register for an account (or permit CarePredict to register an account on your behalf). As part of the registration process, you will be asked to select a username and password (your “Credentials”). You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify CarePredict immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at [email protected]. You are responsible for all use of the Services occurring under your user name and all content posted in your profile or with your account elsewhere on the Services. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. CarePredict will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by CarePredict or another party due to someone else using your account or password. You agree to indemnify, defend, and hold harmless CarePredict and its customers, vendors, affiliates, employees, directors, and agents from and again any claims, losses, damages, and other harm arising in connection with the unauthorized use (including without limitation any use by a person or entity other than you, and any use not expressly permitted by these Terms) of your Credentials.

 

  1. No Medical Advice.
    1. THE SERVICE DOES NOT PROVIDE ANY MEDICAL OR OTHER PROFESSIONAL HEALTH CARE ADVICE; NOR IS IT INTENDED TO BE USED TO ASSESS HEALTH CONDITIONS OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, OR RELIED UPON FOR DIAGNOSIS OR TREATMENT. Any Well-being Information you receive via the Service is not medical advice, and is not reviewed or authorized by a physician or healthcare provider.  Use of the Service does not, and is not intended to, create or constitute, a physician-patient relationship with CarePredict, its officers, directors, employees, independent contractors, agents, or anyone acting on behalf of CarePredict. Use of the Service may offer certain potential benefits (e.g., automated reminders to engage in certain activities), but also presents certain potential risks (e.g., the Well-being Information does not take into account all the specifics of each user’s medical history, the Service is not able to exercise medical judgment, security protocols could fail, causing a breach of privacy of personal information, delays could be caused by malfunctioning of equipment or connections).

 

    1. BY AGREEING TO THESE TERMS, YOU REPRESENT AND WARRANT THAT YOU HAVE HAD THE OPPORTUNITY TO CONSIDER THE RISKS AND BENEFITS OF THE USE OF THE SERVICE, INCLUDING THE WELL-BEING INFORMATION, AND THAT YOU HAVE PROVIDED VOLUNTARY INFORMED CONSENT TO USE THE SERVICE AND PROVISION OF THE SERVICE TO YOU.

 

    1. Your information will be used in accordance with the provisions of these Terms, the Privacy Policy, and applicable law. If a third party enrolled you in the Service, the information collected from you may be given to the third party for the purposes of them or their affiliates, subsidiaries or related parties providing services. By agreeing to these Terms, you are consenting to and authorizing the use and disclosure of your information collected in connection with the Service. Your permission for the use and/or disclosure of this information will be in effect until you withdraw your permission. You may withdraw your permission at any time by writing to us at [email protected]. If you withdraw your permission for the use and disclosure of your information, you can no longer use the Service, and the collection, use, and disclosure of new information will stop. However, information that has already been collected may still be used and disclosed in accordance with applicable law.

 

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, CarePredict grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

 

    1. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

 

    1. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant CarePredict an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose without compensation to you, including to improve the Service and create other products and services.

 

  1. Ownership; Proprietary Rights. The Service is owned and operated by CarePredict. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by CarePredict are protected by intellectual property and other laws. All Materials included in the Service are the property of CarePredict or its third-party licensors. Except as expressly authorized by CarePredict, you may not make use of the Materials. CarePredict reserves all rights to the Materials not granted expressly in these Terms.

 

  1. Third-Party Terms
    1. Third-Party Services and Linked Websites. CarePredict may provide tools and facilities through the Service that enable you to export User Derived Content (defined below) to third parties. If you use these tools or facilities, you agree that CarePredict may transfer that information to the applicable third-party service that you indicate. Third-party services are not under CarePredict’s control, and CarePredict is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under CarePredict’s control, and CarePredict is not responsible for their content.

 

    1. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third party licenses.

 

  1. Consent to Electronic Communications and Text Messaging
    1. Consent to Electronic Communications. By using the Services or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at [email protected].

 

    1. SMS Text Messages and Push Notifications. When you register with CarePredict, CarePredict may send you SMS text message containing code in order to verify your phone number or identity and may send SMS text messages and push notifications (“Messages and Notifications”) in order to keep you informed about the Services. By using the Services, you agree to receive Messages and Notifications regarding your use of the Services. SMS text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Services, you may (i) disable push notifications on your device, and/or (ii) send an email to [email protected] to remove yourself from our text message database. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree you will not hold, nor participate in any action which seeks to hold, CarePredict liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, T-Mobile, or Google) create no obligation or responsibility on the part of CarePredict, and that CarePredict is not responsible for any failure of warranty by any such third party. CarePredict cannot control certain factors relating to message delivery. You acknowledge that depending on your mobile carrier’s service, and/or availability of local Wi-Fi service, and availability of the Internet, it may not be possible to transmit Messages and Notifications to you successfully. We have no liability for transmission delays or failure to deliver Messages and Notifications.

 

  1. User Derived Content
    1. User Derived Content Certain features of the Service permit CarePredict users to upload or publish content to the Service, either manually or through automated data collection from a wearable device, including activity, location, behavior pattern, temperature, humidity, position of the arm, body posture, sleep data, step count, body function, heart rate, blood pressure, blood oxygen levels, audio, data, comments, photos, video, images, text, likeness, messages, chats and other types of works (“User Derived Content“). You retain all rights that you may hold in the User Derived Content that you upload to the Service. You hereby consent to CarePredict’ access, use, and processing of your User Derived Content for the purpose of providing the Service.

 

    1. Limited License Grant to CarePredict. By uploading User Derived Content, you grant CarePredict a worldwide, perpetual, non-exclusive, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, create derivative works of, modify for the purpose of formatting, and utilize your User Derived Content in an anonymized form, in whole or in part, in any and all uses now known or later developed in accordance with all applicable laws and regulations and in accordance with the settings on your account and the features of the Service you elect to utilize.

 

    1. Limited License Grant to Other Users. By uploading User Derived Content that is shared with other users of the Service, as a function of the Service, you grant those users a non-exclusive license to access and use that User Derived Content as permitted by these Terms and the functionality of the Service.  You further acknowledge and agree that CarePredict will not generally perform any editorial functions whatsoever on User Derived Content, and will not be responsible for the actions of other users or third parties that upload User Derived Content or make use of the User Derived Content you upload to the Service.

 

    1. Usage Data.  You agree that CarePredict may collect and use technical data and related information, including, but not limited to, UDID, and other technical information about your device, system, location, IP address and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to track and report your activity inside of the Service, including for analytics purposes. Please see the Privacy Policy for more details regarding the information CarePredict collects, and how it uses and discloses that information.

 

    1. Restrictions; Data Retention. You agree that CarePredict will have no responsibility or liability with respect to any User Derived Content that is processed, transmitted, disclosed, or stored in connection with the Service. CarePredict is not responsible for performing, and is not liable for any failure to perform, any back-up of any User Derived Content provided, processed, or stored in or through the Service.

 

    1. User Derived Content Representations and Warranties. You are solely responsible for your User Derived Content and the consequences of uploading User Derived Content. By uploading User Derived Content, you affirm, represent, and warrant that:  (A) you are the creator and owner of the User Derived Content, or have the necessary licenses, rights, consents, and permissions to authorize CarePredict and other CarePredict users of the Service to use and distribute your User Derived Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by CarePredict, the Service, and these Terms; and (B) Your User Derived Content, and the use of your User Derived Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person or organization; or (iii) cause CarePredict to violate any law or regulation.

 

    1. User Derived Content Disclaimer. We are under no obligation to edit or control User Derived Content that you or other CarePredict users upload and will not be in any way responsible or liable for User Derived Content. CarePredict may, however, at any time and without prior notice, remove or block any User Derived Content that we have reason to believe, in our sole judgment, violates these Terms, violates applicable law, or is otherwise objectionable. You understand that when using the Service you will be exposed to User Derived Content from a variety of sources and acknowledge that User Derived Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against CarePredict with respect to User Derived Content. We expressly disclaim any and all liability in connection with User Derived Content. If notified by a user or content owner that User Derived Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Derived Content, which we reserve the right to do at any time and without notice. For clarity, CarePredict does not permit copyright-infringing activities on the Service.

 

    1. Sending Messages. The Service may allow CarePredict users to exchange messages (“Messages”) with each other. Harmful, obscene, abusive, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to [email protected]. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that CarePredict may monitor Messages for compliance with these Terms. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as CarePredict may deem appropriate in its sole discretion.

 

  1. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

 

    1. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

 

    1. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

 

    1. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

 

    1. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

 

    1. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or

 

    1. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
  1. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

 

12. Term, Termination, and Modification of the Service

    1. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section.

 

    1. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, CarePredict may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by clicking the Delete Account button in your account or contacting customer service at [email protected].

 

    1. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay CarePredict any unpaid amount that was due prior to termination; and (d) Sections 1, 2, 4, 5.3, 6, 9, 12.3, 13 – 26.

 

    1. Modification of the Service.CarePredict reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. CarePredict will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

 

  1. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify CarePredict and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “CarePredict Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

 

  1. Disclaimers; No Warranties

CAREPREDICT IS NOT A HEALTH CARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. CAREPREDICT PROVIDES NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR RECOMMENDATION OR TREATMENT IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE SERVICE FOR MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 (OR THE EQUIVALENT CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR REGION) IMMEDIATELY. CAREPREDICT IS NOT RESPONSIBLE FOR DELAYED RESPONSE TIMES OR TECHNICAL DIFFICULTIES EXPERIENCED VIA THE SERVICE.  YOU ARE SOLELY RESPONSIBLE FOR KEEPING YOUR INFORMATION, USER DERIVED CONTENT AND WELL-BEING INFORMATION UP TO DATE.

 

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CAREPREDICT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CAREPREDICT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CAREPREDICT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CAREPREDICT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CAREPREDICT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY PHYSICAL HARM, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER DERIVED CONTENT.

HOWEVER, CAREPREDICT DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CAREPREDICT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CAREPREDICT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CAREPREDICT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 16.4(III) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CAREPREDICT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO CAREPREDICT FOR ACCESS TO AND USE OF THE SERVICE IN THE 2 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

  1. Dispute Resolution and Arbitration
    1. Generally. In the interest of resolving disputes between you and CarePredict in the most expedient and cost-effective manner, and except as described in Section 16.2, you and CarePredict agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CAREPREDICT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

    1. Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

 

    1. Arbitrator. Any arbitration between you and CarePredict will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at http://www.adr.org/. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

 

    1. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). CarePredict’ address for Notice is: CarePredict, Inc., 600 North Pine Island Road, Suite 370, Fort Lauderdale, Florida USA 33324. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or CarePredict may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CarePredict must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, CarePredict will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by CarePredict in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

 

    1. Fees. If you commence arbitration in accordance with these Terms, CarePredict will reimburse you for your payment of the filing fee, unless your claim is for more than $1,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Broward County, Florida but if the claim is for $1,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CarePredict for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

    1. No Class Actions. YOU AND CAREPREDICT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CarePredict agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

    1. Modifications to this Arbitration Provision. If CarePredict makes any future change to this arbitration provision, other than a change to CarePredict’ address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to CarePredict’ address for Notice of Arbitration, in which case your account with CarePredict will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    1. Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.
    2. Opt-Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Dispute Resolution provision, you may opt-out of this Dispute Resolution provision by notifying CarePredict in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to [email protected],  stating clearly your full name and intent to opt-out of the Dispute Resolution provision. Should you choose not to opt-out of this Dispute Resolution provision within the 30-day period, you and CarePredict will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt-out of coverage under this Dispute Resolution provision.

 

  1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and CarePredict regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

  1. Governing Law. These Terms are governed by the laws of the State of Florida, USA without regard to conflict of law principles. You and CarePredict submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Broward County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

 

  1. Privacy Policy. Please read the CarePredict Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The CarePredict Privacy Policy is incorporated by this reference into and made a part of, these Terms.

 

  1. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of, these Terms.

 

  1. Protected Activity Not Prohibited. You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state or local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, CarePredict. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute CarePredict confidential information to any parties other than the Government Agencies.

 

  1. Contact Information. The Service is offered by CarePredict, Inc., located at 600 North Pine Island Road, Suite 370, Fort Lauderdale, Florida USA 33324. You may contact us by sending correspondence to that address or by emailing us at [email protected]. You can access a copy of these Terms by clicking here: https://www.carepredict.com/Terms-of-Service.

 

  1. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

 

  1. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

 

  1. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

 

  1. Notice Regarding Apple. This Section 26 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and CarePredict only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby 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.

Last Updated: August 7th, 2024