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.
here, which also governs the Site and informs users of our data collection
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.
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.
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
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.
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
Internet browsers are preset to accept cookies. If you prefer not to receive cookies,
are being used.
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.
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.
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
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.
CareVault welcomes your questions or comments regarding the Terms:
© 2005-2014 CareVault Corporation. All rights reserved.