Last Updated: April 5, 2020
YOU ACKNOWELDGE AND AGREE THAT THE CAREPOINT PLATFORM AND THE CAREPOINT SERVICES PROVIDED BY US OR THROUGH THE CAREPOINT PLATFORM ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT.
The Carepoint Platform is provided solely (the “Permitted Use”) to assist you by providing you with tools and resources that may be helpful in your road to recovery (the “Carepoint Services”).
3. License Grant to the Carepoint Mobile Application
4. Data You Upload To Us
You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Carepoint Platform (including through a mobile device); or (b) we collect from your local computer system or mobile device or from third parties with your permission, and (in each case) including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing the Carepoint Services and making available the Carepoint Platform; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.
5. User Account for Carepoint Mobile Application
You may be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Carepoint Platform and be issued with a username and password login credentials (the “User ID”) in order to use the Carepoint Mobile Application. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User Account issued to you at any time in Carepoint’s sole discretion. If we disable access to a User Account issued to you, you may be prevented from accessing the Carepoint Mobile Application, or your account details.
6. Term and Termination
The Carepoint Platform and the Content, including (without limitation) all designs, graphics, pictures, illustrations, software, artwork, videos, music, sounds, names, words, titles, phrases, logos and marks displayed on the Carepoint Platform, are owned or licensed by us and are protected by copyright, trade-mark and other intellectual property laws.
All contents of the Carepoint Platform are: © 2020 Carepoint Health Inc.
9. No Unlawful or Prohibited Use
You will not, without our prior written permission, use the Carepoint Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not (and will not attempt to): (a) “frame”, “mirror”, “deep-link” or otherwise incorporate the Carepoint Platform or the Content or any part thereof on any website; (b) access, monitor or copy any part of the Carepoint Platform or the Content using any robot, spider, scraper or other automated means; (c) violate the restrictions in any robot exclusion headers on the Content or the Carepoint Platform or bypass or circumvent other measures employed to prevent or limit access to the Carepoint Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Carepoint Platform; (e) use the Carepoint Platform or Content as part of any service for sharing, lending or multi-person use, or for the benefit of any third party; (f) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption functionality, that protect the Carepoint Platform; (g) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Carepoint Platform or the Content; (h) create derivative works based on the Carepoint Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the Carepoint Platform or the Content; (i) use or access the Carepoint Platform or the Content in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party; or (j) upload to or transmit through the Carepoint Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by us in our sole discretion.
The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the Carepoint Platform or the Content are compatible with your computer system or that the Carepoint Platform or the Content, or any links from the Carepoint Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Carepoint Platform.
11. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Carepoint Platform. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Carepoint Platform.
12. Health and Medical Disclaimer
YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:
(a) YOU SHOULD ONLY RELY ON YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL FOR ADVICE ON ALL MEDICAL DECISIONS. THE CAREPOINT PLATFORM AND THE CAREPOINT SERVICES PROVIDED BY US THROUGH THE CAREPOINT PLATFORM ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT; AND
(b) THE CAREPOINT PLATFORM IS NOT INTENDED FOR USE IN EMERGENCY, CRITICAL CARE, OR OTHER HIGH RISK SITUATIONS.
13. Disclaimer of Information Regarding Third Party Service Providers
WHILE THE CAREPOINT PLATFORM MAY PROVIDE INFORMATION (INCLUDING LINKS TO WEBSITES AND OTHER CONTACT INFORMATION) RELATED TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES SUCH AS PHARMACIES, THERAPISTS, SUPPLIERS OF MEDICAL OR HEALTH PRODUCTS, AND OTHER THIRD PARTY SERVICE PROVIDERS, NEITHER WE NOR OUR care provider PARTNERS ENDORSE ANY INFORMATION, PRODUCT OR SERVICES PROVIDED BY SUCH THIRD PARTIES NOR DO WE GUARANTEE THE QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSES OF SUCH INFORMATION, PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES ARE NOT UNDER OUR NOR OUR care provider PARTNERS’ CONTROL AND THAT YOU USE SUCH INFORMATION, SERVICES AND PRODUCTS ENTIRELY AT YOUR OWN RISK.
14. Disclaimer and Limitation of Liability
THE CAREPOINT PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE CAREPOINT PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE CAREPOINT PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:
(b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or
(c) your use of the Carepoint Platform or the Content (including, without limitation, your use of the Carepoint Platform in connection with any medical or health activities).
16. Governing Law and Jurisdiction
17. Entire Agreement, Waiver and Severability