Terms of Use

Legal Terms of Use for the CareMetx Website, May 2023
Welcome to the CareMetx website located at  demo site  (the “Website”). Please read these Terms of Use (the “Terms”) and our Privacy Policy  (click here to view) carefully before using the Website. They govern your use of the Website and the online portal that we provide. The Website and our services available on the Website, including, without limitation, via a portal, are collectively called the “Services.”

These Terms constitute a binding legal agreement between you, as a user of the Services, and CareMetx, LLC, its affiliates, and its subsidiaries (referred to collectively as “CareMetx,” “we” or “us”), and by using the Services you agree to be bound by them.

Your access to, and use of, the Services is conditioned upon your acceptance and compliance with these Terms in full. If you do not accept the Terms, please leave the Website immediately and cease any further use of the Services or any materials you have obtained from the Services.

You are advised to review these Terms periodically as they may be revised from time to time, and CareMetx reserves the right to do so at any time at its sole discretion. By continuing to use the Services after we have made a change to our Terms and made those Terms available on the Website, you agree to those changes.

You are solely responsible for making all arrangements necessary for you to have access to the Website and any Services you access and for ensuring that all persons who access the Website or any Services through your internet connection are aware of these Terms and comply with them.
 
  1. Permitted Uses
    You are authorized to view, download and reproduce the materials made available by the Services solely for your informational purposes provided that you 1) retain all notices contained in the original materials 2) only use images with surrounding text relating to the images, and 3) include, and do not remove any copyright, trademark, trade name, or similar markings on such materials and ensure they are affixed as they appear in the Services to any copies of such materials.Any other use of any kind of the Services not expressly permitted herein is strictly prohibited, including, without limitation, any direct or indirect circulation, re-disclosure, re-sale or commercialization of any kind. You may not make any part of the Services available as part of another web site whether by hyperlink framing on the internet or otherwise. This Services and any material or content therein may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Services or any content.
  2. Eligibility
    By using the Services, you represent that you are not a person barred from receiving the Services under any United States federal, state, or local law. You also represent that you are 18 years of age or older. Neither the Website nor any of the Services are intended for use by any person under the age of 18, and if you are under age 18, please do not use, create an account with, or provide any personal information to the Website or use the Services.
  3. Accuracy of Information
    CareMetx cannot and does not guarantee that any information made available through the Services will be accurate, timely or complete. Further, you acknowledge and agree that CareMetx is not responsible for any consequences from your reliance, directly or indirectly, in whole or in part, on the accuracy of any materials and information available through the Services.
  4. Other Terms and Notices May Apply
    Additional terms and conditions may apply to use of the Services as set forth in those Services or interfaces used to access them. Further, although these Terms are intended to apply generally to all content located or accessible within the Services (including under this Website), some Services may contain additional proprietary notices and conditions of use, the terms of which must also be observed and followed as they apply to the particular Services or portions thereof for which they are intended. CareMetx may revoke or modify any such additional terms and conditions by updating the applicable Services page. Any such terms will be deemed in addition to these Terms and fully binding upon you when using such Services.
  5. Accessing the Website and Account Security
    We reserve the right to withdraw or amend the Services, including, without limitation, this Website, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any of the Services or any part thereof is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services (including without limitation, this Website), or the Services in their entirety, to users, including registered users, at any time and at the sole discretion of CareMetx.

     

    You may browse the Website without registering. However, in order to access some portions and features of the Website and/or Services you will be required to register with and/or sign into the Website. If you do so, you are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username. In addition, it is a condition of your use of the Website or any Services that all the information you provide is correct, accurate, current, and complete. You agree that all information you provide, including but not limited to through the use of any interactive features, is governed by our Privacy Policy linked to above and you consent to all actions we take with respect to information you provide to us, in accordance with our Privacy Policy. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at:

    Email: privacy@caremetx.com

    Phone: 1-877-690-0220 (Toll Free)

  6. Prohibited Uses
    You may use the Services and the Website only as expressly set forth in these Terms. For clarity, and without limitation, the following uses are prohibited:

     

    • Any use that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
    • Any purpose or use that actually or attempts to exploit or harm minors in any way, including, without limitation, by exposing them to inappropriate content, or asking for personally identifiable information.
    • Sending, receiving, uploading, downloading, using, or re-using any materials which do not comply with these Terms.
    • Impersonating or attempting to impersonate CareMetx, a CareMetx employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or other names or contact information associated with any of the foregoing).
    • Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm CareMetx or users of the Website, or expose them to liability.

    Additionally, you agree not to:

    • Use the Services (including, without limitation, the Website) in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities.
    • Use any robot, spider or other automatic device, process or means to access the Services (including, without limitation, the Website) for any purpose, including monitoring or copying any of the materials made available.
    • Use any manual process to monitor or copy any of the materials made available or for any other purpose without our prior written consent of CareMetx.
    • Use any device, software or routine that interferes with the proper working of the Services (including, without limitation, the Website).
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Actually or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services (including, without limitation, the Website), the server on which the Services are stored, or any server, computer or database connected to the Services.
    • Decompile, disassemble, reverse engineer, copy, misappropriate, or otherwise attempt to obtain or perceive the source code of any Services (including, without limitation, the Website).
    • Attack the Services (including, without limitation, the Website) via a denial-of-service attack or a distributed denial-of-service attack.
    • In any manner, directly or indirectly, attempt to interfere with the proper working of the Services (including, without limitation, the Website).
    • Assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey any access to or use of any of the Services.
  7. Links from the Website
    If the Website contains links to other sites and resources provided by third parties, these links are provided “as-is” and for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, to the extent provided. We have no control over the contents of those sites or resources and CareMetx accepts no responsibility or liability related to them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to in the Services (including, without limitation, the Website), you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  8. Geographic Restrictions
    CareMetx is based in the state of Maryland in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States or that such Services comply with the laws of any other country, territory, or jurisdiction. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, rules, and regulations.
  9. Intellectual Property Rights..
    The Services (including, without limitation, the Website) and all contents, features, functionality, and any copies or derivatives thereof are owned solely by CareMetx, or, where applicable, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

     

    CareMetx and its associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Services (including, without limitation, the Website) are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to, or any title or interest of any kind, in any of the forgoing and all ownership and interest is reserved by CareMetx or, where applicable, its owner.

    We hereby grant you a limited, non-exclusive, non-assignable, fully revocable license to access and make personal use of the Services (including, without limitation, the Website). This license does not include any resale or commercial use of the Services (including, without limitation, this Website) or any contents or any derivative use of the same and is at all times subject to all restrictions and limitations set forth in these Terms. This license is conditioned on your compliance with these Terms. If you breach any provision of these Terms, any license you have obtained will be automatically rescinded, revoked, and terminated.

  10. Disclaimers
    You understand that we cannot and do not guarantee or warrant that any files or information available through the Services (including, without limitation, the Website) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining an independent means for any reconstruction of any lost data.

     

    CAREMETX IS NOT LIABLE AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT, AND THE SERVICES OR ITEMS OBTAINED THROUGH THE FOREGOING IS AT YOUR OWN RISK. THE SERVICES AND THE WEBSITE OR ITEMS OBTAINED THROUGH EITHER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAREMETX NOR ANY PERSON ASSOCIATED WITH CAEMETX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CAREMETX NOR ANYONE ASSOCIATED WITH CAREMETX REPRESENTS OR WARRANTS THAT THE SERVICES OR THE WEBSITE OR ANY ITEMS OBTAINED THROUGH EITHER WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR THE WEBSITE OR ITEMS OBTAINED THROUGH EITHER WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    CAREMETX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

  11. Limitation on Liability
    IN NO EVENT WILL CAREMETX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR WEBSITE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA EVEN IF FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CAREMETX’S MAXIMUM LIABILITY TO YOU EXCEED $100.00.
  12. Indemnification
    You agree to defend, indemnify and hold harmless CareMetx, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services (including, but not limited to the Website).
  13. Governing Law and Jurisdiction
    All matters relating to the Services (including with out limitation, the Website) and these Terms and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

     

    Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services (including, without limitation, the Website) shall be instituted exclusively in the federal and state courts of the United States located in the State of Maryland, provided, however, that CareMetx retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant state, country or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.