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Terms and Conditions

IMPORTANT: AGREEMENT BETWEEN USER AND WWW.CAREVAULT.COM

Welcome to www.carevault.com. The www.carevault.com website (the "Site") is comprised of various web pages operated by CareVault Corporation ("CareVault"). The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, restrictions and notices set forth below (the "Terms"). Your use of www.carevault.com constitutes your acknowledgement of and agreement to comply with and be bound by all such Terms. If you use this Site on behalf of an organization, references in this Agreement to “you” and “your” are intended to be references to you individually and to your organization, both of which are bound. Please read these terms carefully, and keep a copy of them for your reference. If you do not agree with the Terms, do not use the Site.

CareVault reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms, at any time, without notice. It is your responsibility to check the Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. Conditioned on your agreement to be bound by and compliance with the Terms, CareVault grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Privacy

Your use of www.carevault.com is subject to CareVault's Privacy Policy. Please review our Privacy Policy, a copy of which can be found here, which also governs the Site and informs users of our data collection practices.

Authorized Use

As a condition of your use of the Site, you warrant to CareVault that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable laws, regulations, statutes, and ordinances in connection with the use of the Site.

Examples of prohibited uses include, without limitation: (a) violation of any person’s or entity's proprietary, publicity, privacy, or other right; (b) use of the information obtained through or from the Site to commit fraud; (c) misuse or disclosure of a person’s or entity's confidential or proprietary information; (d) downloading or otherwise exporting programs or content from the Site in violation of United States export laws; or (e) disruption of the Site or attempts to purposefully disrupt the Site,through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. In addition, to the extent applicable, you agree not to use, access, combine, or disclose the information available on the Site in such a way that would violate the Health Insurance Portability and Accountability Act (“HIPAA”), its regulations or any other applicable law. You may only use the Site if you are located within the continental United States, Alaska or Hawaii, and are at least 18 years of age. Use by any other party is prohibited.

Electronic Communications

Visiting www.carevault.com or sending emails to CareVault constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that CareVault is not responsible for third party access to your account that results from theft or misappropriation of your account. CareVault reserves the right to access, read, copy, delete and disclose information on CareVault's systems and equipment, without notice. CareVault further reserves the right to inspect any and all files and information stored on or transmitted through CareVault equipment, without notice. Suspension, denial or termination of your use of the Site does not affect or terminate your obligations to CareVault.

Links to Third Party Sites and Services

www.carevault.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CareVault and CareVault is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CareVault is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CareVault of the site or any association with its operators.

Certain services made available via www.carevault.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.carevault.com domain, you hereby acknowledge and consent that CareVault may share such information and data with any such third party as necessary to provide the services.

Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CareVault or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CareVault content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CareVault and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CareVault or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You may be able to connect your CareVault account to third party accounts. By connecting your CareVault account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

No Third Party Beneficiary

Nothing in this Agreement shall be construed to establish a basis for claims against CareVault (its officers, directors, or employees) by third parties asserting status as third party beneficiaries.

Indemnification

You agree to indemnify and hold CareVault, its officers, directors, licensors, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against CareVault by any third party due to or arising out of or in connection with your use of the Site. CareVault reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree you will fully cooperate with CareVault in asserting any available defenses.

"Cookies" - Information Stored Automatically on Your Computer

You should also be aware that non-personal information and data may be automatically collected through the use of "cookies." Cookies are pieces of information that a web site can use to recognize repeated usage, facilitate the users in getting access to and use of the web site, and allow a web site to track usage behavior and compile aggregate data that will allow content improvement and targeted advertising. The use of cookies is standard, and you will find that most web sites use them. Most Internet browsers are preset to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used.

Hyperlinks

The CareVault web site may contain hyperlinks to the web pages of third parties. CareVault accepts no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as CareVault does not control the information on such web pages and is not responsible for the contents and information given therein. The use of such web pages shall be at the sole risk of the user. You further acknowledge and agree that CareVault shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

Virus Warning

CareVault has scanned all files as a base pre-cautionary measure; however; we do not represent or warrant that any files obtained from or through this web site are free from computer viruses or other defects. Any such files are provided and may be used on the basis that the user accepts all responsibility for any loss, damage, or other consequence resulting directly or indirectly from the use of those files.

Disclaimer

The content contained on this web site is provided for general information only. It should not be relied upon without obtaining specific advice from appropriate experts. While CareVault has used reasonable efforts to ensure that the content contained on this web site is correct and current at the time it is published, CareVault makes no representation and gives no warranty that the content contained on this web site is complete or accurate and takes no responsibility for any error, omission, or defect in such content. This web site may contain forward-looking statements. Such statements are subject to many factors that may cause CareVault's plans or results to differ from those expected. CareVault undertakes no obligation to publicly release or update the results of any forward looking statements, which may be made to reflect events or circumstances including the occurrence of unanticipated events after the date at which those statements are made.

Disclaimer of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR FUNCTIONALITY ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.

CAREVAULT CORPORATION AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CAREVAULT CORPORATION AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAREVAULT CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAREVAULT CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Additional Terms and Conditions

CareVault reserves the right to refuse or cancel part or all of any service or access, terminate accounts, and remove or edit content at any time, without notice and at its sole and exclusive discretion. CareVault Corporation may make improvements or changes in the Site or to the Terms at any time without notice. CareVault does not provide medical advice and nothing in the Site is intended to be construed as the provision by CareVault of or constitute medical advice.

Any dispute arising from your use of the Site or these terms will be governed by the laws of the State of California without regard to such state's choice of law provisions and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CareVault as a result of this agreement or use of the Site. CareVault's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CareVault's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CareVault with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CareVault with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CareVault with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Contact Us

CareVault welcomes your questions or comments regarding the Terms:

CareVault Corporation
info@carevault.com
877.246.6888

© 2005-2014 CareVault Corporation. All rights reserved.