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The following terms and conditions shall
apply for the use of CareSpeak Communications, Inc.’s (“CareSpeak”)
SMS based reminder and monitoring services (‘Service’).
Effective Date:
April 1, 2007
THE FOLLOWING TERMS AND CONDITIONS ARE A LEGALLY BINDING
AGREEMENT AND BY USING THIS SERVICE AND CLICKING ON “I AGREE” YOU
INDICATE THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS.
Disclaimer
All users assume sole responsibility for the proper use and
scheduling of any medications, treatments, and procedures related to
the patients healthcare and disease management.
CareSpeak Communications, Inc. assumes no responsibility for the
accuracy or appropriateness of any and all information entered and
stored by the user either in their mobile device or on CareSpeak.com
(“Website”). This system is to be used only for the stated purpose
of providing timely reminders within the capabilities of the devices
employed. No other use is intended nor implied.
CareSpeak Communications, Inc. will not be held responsible
for problems related to lack of service or signal for wireless
devices or for the reliability or accessibility of the web-service.
CareSpeak will not be held responsible for problems related to
alerts that are delayed or missed for any and all reason. Under
normal conditions, alerts can sometimes be delayed by a few minutes
or more, depending on user traffic.
This system or service should not be solely relied upon for
any reason, and particularly with regard to critical
life-threatening situations. This system or service is intended to
be used as an adjunct to accepted medication management procedures
and routines.
Use of This Service
This policy does not constitute a warranty of services provided by
CareSpeak. CareSpeak will make every reasonable effort to provide
reminders which are accurate and timely, but cannot guarantee their
accuracy and timeliness. The Service is a reminder and monitoring
service which relies on the service infrastructure running
appropriately. There may be factors beyond the control of CareSpeak
which may prevent notification messages from reaching a user's
mobile device. Such factor include but are not limited to wireless
signal transmissions that intermittently can be blocked by buildings
or other obstructions, or can be interrupted due to failure of the
Wireless Carrier Company with which the user contracts for the
wireless service. CareSpeak provides the service to the user by
sending the notification to the user's Mobile Phone Device and shall
not be liable for charges made by such providers of wireless
services.
1.
CareSpeak is a medication reminder and monitoring service provider
only and does NOT offer medical professional services. All
information entered into the user's schedule by the user and/or
their caregiver is not verified by CareSpeak. It is the
responsibility of the user, medical provider and/or caregiver to
enter all data correctly.
2.
In special circumstances only and at the user's request, information
about your prescription drug regimens of named drugs, amount and
frequency of use, and repeating medical regimens such as self-tests
may be given to CareSpeak by your doctor, pharmacist or caregiver
and CareSpeak assumes that these sources are reliable. The accuracy,
efficacy, completeness, timeliness or correct sequencing of this
Information is not guaranteed by CareSpeak, or any parties
transmitting (including the Wireless Company) or processing the
Information ("Information Processors"). (CareSpeak, Wireless
Company, Information Providers and Information Processors sometimes
are described collectively in this Agreement as the "Disseminating
Parties"). There may be delays, omissions or inaccuracies in the
Information. No Disseminating Party will be liable in any way to you
or to any other person for (a) any inaccuracy, error, or delay in,
or omission of, any Information, or the transmission or delivery of
any such Information, or (b) any loss or damage arising from, or
occasioned by, (i) any such inaccuracy, error, delay or omission,
(ii) non-performance or (iii) interruption in any such Information,
due to "force majeure" event, including, but not limited to, any
natural disasters (flood, extraordinary weather conditions,
earthquake, fire), war, insurrection, riot, labor dispute, accident,
action of government, communications, electronic or power failure,
telephone or other interconnect problems, unauthorized access,
theft, operator errors, or equipment or software malfunction, or any
other cause beyond the reasonable control of the Disseminating
Parties. CareSpeak recommends that all users keep track of battery
use and paging sound settings to their mobile phones or paging
devices to ensure alert notifications are clearly transmitted.
3.
CARESPEAK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED (BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR TITLE, AND FURTHER INCLUDING ANY REPRESENTATION OR
WARRANTY RELATING TO THE PERFORMANCE, QUALITY OR FITNESS FOR PURPOSE
OF THE SERVICE OR ANY PRODUCTS, ALL OF WHICH HEREBY ARE EXCLUDED.
4.
CARESPEAK SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR OTHER SIMILAR LOSS
OR DAMAGES FOR ANY MATTER ARISING UNDER OR RELATING TO THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, HEALTH PROBLEMS AND COSTS,
DAMAGES AND EXPENSES SUFFERED BY YOU THAT RESULT FROM CARESPEAK
BREACH OF ITS CONTRACTUAL OBLIGATIONS OR ANY DEFECT IN ANY PRODUCT
OR SERVICE, BY ANY TORTUOUS OR NEGLIGENT ACT OR OMISSION OF
CARESPEAK, OR INCONVENIENCE, DELAY OR LOSS OF THE USE OF ANY SERVICE
OR PRODUCT DUE TO ANY TECHNICAL MALFUNCTION OR LOSS OF
COMMUNICATIONS, POWER OR INFORMATION AS DESCRIBED IN PARAGRAPH 2
ABOVE, EVEN IF CARESPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF
SAME. YOU AGREE THAT THE LIABILITY OF CARESPEAK ARISING OUT OF ANY
KIND OF CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY
CONNECTED WITH THE SERVICE, THE PRODUCTS OR THE INFORMATION, WILL
NOT EXCEED THE AMOUNT CHARGED FOR RECEIVING THE SERVICE OR PRODUCT.
5.
In certain states, the foregoing disclaimers and limitations of
remedies may not be enforceable as they pertain to personal injury
or particular products or matters. In such states, to the extent the
disclaimers and limitations are unenforceable; they shall not apply
to you.
6.
You acknowledge that the Service does not supply medical advice, and
that the intention of the Service does not extend beyond delivery of
the Information provided by authorized Information Providers to the
end user.
7.
You agree to contact CareSpeak if you become aware of any of the
following: (a) any loss, theft or damage to the mobile device
assigned to you by CareSpeak (as applicable), or (b) any
unauthorized use of the mobile device assigned to you by CareSpeak
(as applicable), or of the Service, the Products or any Information.
8.
You agree to indemnify and hold harmless the Disseminating Parties
from and against any and all claims, losses, liabilities, costs and
expenses (including but not limited to attorneys' fees) arising from
your violation of this Agreement or any third party's rights.
9.
CareSpeak reserves the right to terminate your access to the Service
or any portion of it at our sole discretion, without notice and
without limitation, for any reason whatsoever, including but not
limited to the unauthorized use of your assigned wireless device or
the Information, breach of this Agreement, discontinuance of the
Service or Products, the continuation of any force majeure event, or
loss of access to any Information from any of the Information
Providers. In the event of termination, the Information Processors
and Wireless Company shall have no liability to you; provided,
however, that if the termination is without cause, CareSpeak shall
refund the pro rata portion of any fee which may not have been paid
by you for the portion of the Service not furnished to you as of the
date of such termination.
10.
You agree that you are making this Agreement in your own capacity
and not on behalf of a firm, corporation, partnership, trust or
association. The entity or person who is using the Service is
responsible for the financial responsibilities of the wireless
account through which the Services are being accessed. CareSpeak is
not responsible for entities or individuals claiming that they did
not authorize the use of their wireless cell phone for these
Services. You agree that you are over the age of 18 or have received
your parent’s or guardian’s permission to use the wireless phone for
the services offered by CareSpeak. If you have subscribed to the
Service, You agree that you are either 18 or have obtained the
proper permission. CareSpeak’s services are for Your personal use.
You may not transmit or re-transmit, broadcast or re-broadcast or
use any part of this Service for commercial use.
11.
You acknowledge that, in providing you with the Service or Products,
CareSpeak has relied upon your agreement to be bound by the terms of
this Agreement. You further acknowledge that this Agreement
constitutes the complete statement of your agreement and
understanding. This Agreement supersedes any other contemporaneous
or prior promises, representations, descriptions or communications
regarding the Service, the Products or the Information, even if it
were contained in materials provided by CareSpeak. This Agreement
may be modified only in writing, but if CareSpeak sends you written
notice of the modification, your use of the Service after receiving
such notice will indicate your acceptance of the modification. If
any provision of this Agreement is invalid or unenforceable under
applicable laws, such provision shall be reformed and construed so
as to be enforceable to the maximum extent permitted under
applicable law, and to the extent that it may not be so reformed, it
shall be deemed omitted and the remaining provisions will continue
in full force and effect. This Agreement and performance hereunder
will be governed by and construed in accordance with the laws (other
than conflict of law rules) of The Commonwealth of New Jersey, as
applied to agreements entered into in New Jersey, no matter where
you might legally reside.
12.
The terms and conditions of Sections 2, 3, 4, 5, 6 and 8 of this
Agreement shall survive any termination of this Agreement.
CAREGIVER / THIRD PARTY SIGN-UPS
By enrolling someone else to use the service, you agree to the above
Terms and Conditions including but not limited to its limitations
and disclaimers.
Problems Receiving Products
If you set-up a reminders and don’t
receive them, let us know immediately by going to the Contact Us
page and clicking on the “cs@carespeak.com” link.
Refund Policy
Refunds will be reviewed and issued on a
case by case basis.
Copyright Restrictions
To the extent that You receive any content
through this Service, CareSpeak provides you with a limited,
non-exclusive, non-transferable, revocable right to download such
content provided by CareSpeak to your compatible device solely for
your own non-commercial use. You understand and agree that you may
not download, reproduce, modify, display, perform, transfer,
distribute or otherwise use the downloaded content except as
expressly provided in this Agreement. You understand and agree that
you may not authorize, encourage or allow any downloaded content
used or obtained by you to be reproduced, modified, displayed,
performed, transferred, distributed or otherwise used by any other
party, and you agree that you will take all reasonable steps to
prevent any unauthorized reproduction and/or other use of them. If
you breach this license you will be liable for damages incurred by
CareSpeak as well as other third party partners of CareSpeak. |
