Care Access Website Terms of Use
Last Updated: 28 March 2023
These Website Terms and Conditions of Use (the “Terms of Use”) apply to the Care Access website located at https://www.careaccess.com, and all associated sites linked to https://www.careaccess.com, including mobile websites and study websites (collectively, the “Sites”).The Sites and Content (as defined below) are owned and operated by Care Access. These Terms of Use do not govern the use of the StudyTeam platform, services, and related technologies (the “Services”). If you are accessing or using the Services, then you are subject to the Care Access Terms of Service or such written agreement as may be separately executed.
By accessing any portion of the Sites, you agree to be legally bound by these Terms of Use. If you do not accept these Terms of Use, you are not permitted to access the Sites. If you are accepting these Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms of Use, in which case the words “you” and “your” as used herein shall refer to such entity.
Care Access reserves the right, at its sole discretion and at any time, to change, modify, add or remove portions of these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes.
License
Care Access hereby grants you a limited personal, revocable, limited, non-exclusive, non-transferable license to access and use the Sites conditioned on your continued acceptance and compliance with these Terms of Use. You may use the Sites and the Content for your noncommercial personal use and for no other purpose. Care Access reserves the right to bar, restrict or suspend any user's access to the Sites, and/or to terminate this license at any time for any reason. Care Access reserves any rights not explicitly granted in these Terms of Use.
By posting, displaying, publishing or making available for download or use any content on the Sites (other than personal information that is subject to the Care Access Privacy Policy), you hereby grant Care Access a perpetual, worldwide, nonexclusive, irrevocable, royalty-free, sublicensable license to perform, display, reproduce, prepare derivative works from, distribute, sell, sublicense, transfer and otherwise use without restriction all or any part of such content.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sites, is owned, controlled, or licensed by or to Care Access, and is protected by trade dress, copyright, trademark, and other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including, mirroring) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Care Access advance express consent.
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, monitor or copy the Sites or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. Care Access reserves the right to bar any such activity.
Use of the Sites
You agree to not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any person’s use of the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or the Care Access systems or networks, or any systems or networks connected to the Sites or to Care Access.
You may not probe, scan, or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any Care Access server, or to any of the services offered on or through the Sites, by hacking, password "mining" or any other illegitimate means.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of Care Access, including any Care Access account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Care Access on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You are responsible for violations of these Terms of Use by anyone using the Sites with your permission or using your account on an unauthorized basis. Your use of the Sites to assist another person in an activity that would violate these Terms of Use if performed by you is a violation of these Terms of Use. These Terms of Use applies to anyone accessing or using the Sites; however, each provision in these Terms of Use shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Sites, even if such person did not themselves violate the provision.
You represent that, in agreeing to, and performing under, these Terms of Use, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Sites and Content.
Account
Certain features or services offered on or through the Sites may require the creation of an account. You acknowledge that you are responsible for maintaining the confidentiality of your login credentials and all your account activity, including account activity that occurs under your account as a result of an unauthorized login caused by a lack of safeguards in your maintenance of confidentiality of your login credentials. You agree to notify Care Access immediately of any unauthorized use of your account or any other breach of security. You may be held liable for losses incurred by Care Access or any other user of or visitor to the Site for activity that occurred under your account.
Privacy Policy
For information about the Care Access data protection practices and Care Access use and protection of your personal information, please read the Care Access Privacy Policy, which applies to the use of the Sites, and is incorporated herein by reference.
Third-Party Services
The Sites may contain links to other independent third-party websites ("Linked Sites"). Such Linked Sites are not under the Care Access control, and Care Access is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Care Access makes no warranties, express or implied, as to the Linked Sites or the providers of such Linked Sites. By accessing or using a Linked Site, you are interacting with the applicable third party, and you must do so at your own risk.
Disclaimer
THE SITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER CARE ACCESS, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "REPRESENTATIVES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (A) THE SITES OR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (B) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (IV) THE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITES OR CONTENT IS TO CEASE USING THE SITES AND CONTENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARE ACCESS AND ITS REPRESENTATIVES BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, ARISING OUT OF, OR RELATING TO THE SITES OR CONTENT.
IN THE EVENT YOU ARE DISSATISFIED WITH OR DISPUTE THESE TERMS OF USE, THE SITES, OR CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES OR CONTENT, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT CARE ACCESS HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.
Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those limitations under this section which are lawful in your jurisdiction will apply to you and the Care Access liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify and hold Care Access and its Representatives harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Care Access by any third party due to or arising out of or in connection with your use of the Sites or Content.
Violation of Terms of Use
Care Access may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Care Access rights or property, or the rights or property of visitors to or users of the Sites, including Care Access customers. Care Access reserves the right at all times to disclose any information that Care Access deems necessary to comply with any applicable law, regulation, legal process or governmental request. Care Access also may disclose your information when Care Access determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Care Access may preserve any transmittal or communication by you with Care Access through the Sites or any service offered on or through the Sites, and may also disclose such data if required to do so by law or Care Access determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of Care Access, its employees, users of or visitors to the Sites, and the public.
You agree that Care Access may, in its sole discretion and without prior notice, terminate your access to the Sites if it is determined that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Sites. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Care Access, for which monetary damages would be inadequate, and you consent to Care Access obtaining any injunctive or equitable relief that Care Access deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Care Access may have at law or in equity.
You agree that Care Access may, in its sole discretion and without prior notice, terminate your access to the Sites, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a self-initiated account deletion request; (3) discontinuance or material modification of the Sites or any service offered on or through the Sites; or (4) unexpected technical issues or problems.
If Care Access does take any legal action against you as a result of your violation of these Terms of Use, Care Access will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Care Access. You agree that Care Access will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms of Use.
Digital Millennium Copyright Act
Care Access respects the rights of copyright holders and abides by the federal Digital Millennium Copyright Act and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by copyright holders. To provide a notification of alleged copyright infringement, please email privacyofficer@careaccess.com.
Governing Law
These Terms of Use and all matters relating to your access to or use of the Sites and Content, including all disputes, shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions.
Void Where Prohibited
Care Access controls the Sites from its Boston, Massachusetts, USA offices. Although the Sites are accessible globally, not all features, products or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.
Care Access reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites is void where prohibited. If you choose to access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous Terms
These Terms of Use constitute the complete and exclusive statement of the agreement between you and Care Access and supersede all proposals, oral or written, and all other communications between you and Care Access relating to the subject matter of these Terms of Use. In the event any information posted on the Site from time-to-time conflicts with any provision of these Terms of Use, the applicable provision of these Terms of Use shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms of Use which are in addition to, inconsistent with or different from these Terms of Use shall be of no force or effect. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Care Access. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms of Use without Care Access's express prior written consent. Care Access may assign, transfer or sublicense all or any of the Care Access rights or obligations under these Terms of Use without restriction. The failure of Care Access to exercise or enforce any condition, term or provision of these Terms of Use will not operate as a waiver of such condition, term or provision. Any waiver by Care Access of any condition, term or provision of these Terms of Use shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use shall continue in full force and effect. You agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Care Access will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms of Use are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
Contact Us
Please contact Care Access with any questions regarding these Terms of Use.