CarePathways Terms of Use

Last updated: July 15, 2016

1. INTRODUCTION

2. DEFINITIONS

3. PRIVACY

CarePathways' privacy policy explains how we treat your personal data and protect your privacy when you use the Site. By using the Site, you agree that CarePathways can use such data in accordance with our privacy policy.

Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Use and Privacy Policy; (iii) comply with a legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, partners, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

4. ADDITIONAL TERMS

This Terms of Use hereby incorporates by this reference any additional terms and conditions posted by CarePathways through the Site, or otherwise made available to you by CarePathways. In particular:

If you access or use the Site to purchase health care products or supplies, you are agreeing to be bound by the CarePathways Online Store Terms.

If you access or use the Site to submit a senior care referral, you are agreeing to be bound by the CarePathways Agreement to be Contacted By Telephone.

5. USING THE SITE

6. TRADEMARKS

All other trademarks not owned by CarePathways that appear in the Site are the property of their respective owners, who may or may not be affiliated with or connected to CarePathways.

7. LINKS TO OTHER SITES

The Site may contain links to third-party websites or resources. You acknowledge and agree that CarePathways is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CarePathways of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

8. NO PROFESSIONAL ADVICE

All information, materials, Content and/or advice on the Site is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. CarePathways expressly disclaims, and you expressly release CarePathways from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. You should consult with an appropriately trained specialist for all concerns that require medical, legal, financial or other professional advice.

9. CONTENT

10. USING THE PROVIDER DIRECTORIES

You can use the Provider Directories to (i) locate Providers near your zip code, (ii) view Provider Profiles, and (iii) obtain Provider phone numbers or website links. This is a free service.

11. PROVISIONS SPECIFIC TO USERS THAT ARE CANDIDATES OR EMPLOYERS

12. SECURITY

CarePathways seeks to use reasonable security measures to help protect against the loss, misuse and alteration of User Content under CarePathways' control. By using the Site, you acknowledge and agree that Internet transmissions are never 100% private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

13. CLASS ACTION WAIVER

By using the Site and in return for the services offered by CarePathways, you acknowledge that CarePathways can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue CarePathways as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against CarePathways regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.

14. INDEMNITY

You agree to indemnify, defend, and hold CarePathways, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "CarePathways Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms of Use, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. CarePathways reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of CarePathways. CarePathways will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CAREPATHWAYS ENTITIES TO YOU. EACH OF THE DISCLAIMERS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CAREPATHWAYS ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE CAREPATHWAYS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE CAREPATHWAYS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE PROVIDER PROFILES, EMPLOYER PROFILES, CANDIDATE PROFILES, NURSING HOME RATINGS, PROVIDER REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

THE CAREPATHWAYS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE CAREPATHWAYS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

THE CAREPATHWAYS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE PROFILE CONTENT THAT HAS BEEN PROVIDED TO CAREPATHWAYS IS VALID, THAT THE COMMUNICATION SENT BY A USER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST.

THE CAREPATHWAYS ENTITIES EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CAREPATHWAYS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

THE CAREPATHWAYS ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

THE CAREPATHWAYS ENTITIES DISCLAIM LIABILITY FOR ANY (ii) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

16. APPLICABLE LAW

By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

17. SEVERABILITY

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provisions.



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