To assist you in using the Platform and associated Services, and to ensure a clear understanding of the relationship arising from your use of the Platform and participation in these Services, we have created (i) these Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Platform, and our Terms govern your use of our Platform and participation in our Services. Our Terms apply to any visitor to the Website and any user of our Platform (collectively, “you”), including (i) casual visitors to our Site, who do not use our Application or participate in the Services (“Site Visitors”), (ii) health plan case managers who are registered to use our Platform in connection with Careticker’s contract with the health plan provider (“Case Manager Users”), (iii) vendor agency administrators who are registered to use our Platform to coordinate care between the health plan, its contracted vendor agencies, and the assigned caregiver (“Vendor Admin Users”), (iv) caregivers who are registered with our Platform and assigned by a Vendor Admin User to provide and report regarding caregiving activities (“Caregiver Users”) (Case Manager Users, Vendor Admin Users, and Caregiver Users are collectively referred to herein as “Registered Users” or “you”). The terms “Careticker,” “we” and “us” refer to Careticker, LLC.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE OR DOWNLOAD OUR APPLICATION. BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS A PART OF THE REGISTRATION PROCESS FOR USING OUR APPLICATION OR BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE OR USE OUR APPLICATION.
1. Your Agreement.
These Terms govern (i) your use of the Platform, (ii) your receipt of and participation in Careticker’s services offered through the Platform (our “Services”), (iii) your provision of information in connection with using the Platform (“User Content “); and (iv) your use of information obtained through the Platform, including (a) information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Careticker or its licensors and made available to you through the Platform (“Careticker Content”). Please read these Terms carefully; they impose legal obligations on you and on Careticker, and establish our legal relationship. By using the Application or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
While you can visit the Website and review a range of information about Careticker, our Platform, and our Services without registering, to use the Application and participate in the Services, we ask that you become a Registered User.
In addition, if you become a Registered User, during the registration process for your user name and password (and from time to time as we may require) you will be prompted to click/check an “I Accept” button/box, which further confirms your agreement to be legally bound by these Terms.
2. Our Services: Overview.
The Platform is designed to provide a mobile software application designed to connect caregivers with health plans, coordinate and track caregiving activities, and incentivize caregivers for the care they provide. Case Manager Users at a health plan can use the Platform to coordinate, oversee and track the care being given to and the health status of health plan members (“Members”) whose accounts the Case Manager User has been assigned to administer. Case Managers can coordinate with vendor agencies to coordinate the home care required under a Member’s approved care plan. Vendor Admin Users can use the Platform to assign a caregiver to Member’s whose care has been contracted to the vendor agency by the health plan Case Manager User. Assigned Caregiver Users can use the Platform to (i) review an assigned Member’s care plan and any updates to that plan to understand the care that is needed, (ii) document and report care tasks provided to the Member, (iii) report any incidents that occur or any risks to the Member that are discovered during the course of providing care, and (iv) report any changes in the Member’s health.
3. Obtaining a Password; Use of Your Password
3.1. Registered User Acting in a Representative Capacity.
If you are agreeing to our Terms of Use and Privacy Policy on behalf of a company or other legal entity (“Your Organization”), then (i) you represent and warrant that you have authority to act on behalf of, and to bind Your Organization, and (ii) for all purposes in these Terms and the Privacy Policy, the term “you” means Your Organization on whose behalf you are acting. Notwithstanding the foregoing, these Terms of Use shall in no way limit or amend the terms of any separate agreement between Careticker and any Registered User’s employer (e.g., a health plan or vendor agency, hereinafter, “Your Employer”)) if such a separate agreement exists. In such instances, these Terms only govern the relationship between Careticker and such Registered User.
3.2. Protecting Your Password.
We make the Application and certain areas of the Website accessible only to users that have a password. If you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
4. Grant of Rights to Registered Users
4.1. Grant of Rights to Registered Users.
Subject to Your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, worldwide right to access, execute, display, perform, and otherwise use the Platform solely for the purposes of coordinating, reporting and tracking the care of one or more Members, provided that you shall not (i) license, sublicense, sell, resell, distribute or otherwise commercially exploit the Careticker Platform to any third party; (ii) modify or make derivative works based upon the Careticker Platform; or (iii) reverse engineer, reverse compile, or access the Careticker Application Platform in order to build a competitive product or service. You may not modify, copy, distribute, or otherwise use the Careticker Platform, Content or Services; provided that you shall be entitled to copy and distribute reports generated using the Platform for Your Organization’s/Your Employer’s own internal business purposes.
4.2. Duration of Rights.
You will continue to enjoy Your rights under Section 4.1 (Grant of Rights to Registered Users) for as long as you are a Registered User, unless Your password is revoked or suspended for misconduct, as set out in Section 8 (Monitoring; Revocation or Suspension of Use Privileges).
5. Ownership; Reservation of Rights.
The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Platform or the Careticker Content, are the proprietary property of Careticker and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Careticker and its licensors retain all rights with respect to the Platform, Services and the Careticker Content except those expressly granted to you in these Terms. Except as expressly provided herein, You agree not to duplicate , publish, display, distribute, modify, or create derivative works from the material presented through the Platform and/or through the Services unless specifically authorized in writing by Careticker.
6. Registered User Grant of Rights
6.1. Grant of Rights to Careticker in User Content.
By submitting User Content for participation in the Services and use of the Careticker Platform, uploading files, or otherwise (if such features are available to you), you grant Careticker the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services . No compensation will be paid with respect to Careticker’s use of your User Content under this grant. For the avoidance of doubt, Careticker will only use Member Personal Information (as defined in our Privacy Policy) to facilitate the coordination of care between health plans and vendor agencies/care givers, as provided in our Privacy Policy. Careticker will not share Member Personal Information with any health plan, vendor agency or caregiver unless it is at the Member or its existing health plan’s written request.
6.2. Registered User Comments/Feedback.
Our Platform may allow Registered Users to provide comments or feedback regarding our Platform and our Services. By providing comments/feedback, you grant us the right to use your comments and feedback for the purposes of improving the Platform and our Services.
6.3. Rights/Permissions You Must Have in Your Submitted Content.
In submitting User Content, you warrant that you have sufficient authority and rights to post such Content, and provide these use rights.
6.4. Right to Decline Submitted Content.
We expressly reserve the right to refuse to use (or to disable) any User Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of the Application or Website.
7. Code of Conduct.
AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:
- Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or are otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form — can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Platform without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Use the Platform to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Platform in a manner that could disable, overburden, or impair the Platform or Services or interfere with any other party’s use and enjoyment of the Platform and Services, such as through sending “spam” email.
- Use the Website or Careticker Application to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.
- Use the Website or Careticker Application for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
8. Monitoring; Revocation or Suspension of Use Privileges.
We reserve the right at any time to (i) monitor your use of the Platform, and (ii) terminate or suspend your use of some or all of the Careticker Platform or Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.
Although we have no – and assume no — obligation to monitor activities on the Platform, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE CARETICKER PLATFORM OR SERVICES AT ISSUE.
Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Careticker reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with its Privacy Policy.
9. Reports and Complaints.
If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns either via the links we have included on the Website or in the Careticker Application, or by contacting us in accordance with Section 22 (Contact Us). If we are notified by a user that he/she believes User Content on the Platform does not comply with our Code of Conduct, we will investigate the allegation and determine in good faith, in our sole discretion, whether to remove or block access to such Content, or to take action with respect to the person or persons responsible for posting the Content.
10. Links to Third-Party Sites.
The Platform may also contain links or produce search results that reference links to third party websites (collectively “Linked Sites”). Careticker has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. Careticker does not endorse the content of any Linked Site, nor does Careticker warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
11. User Conduct; User Disputes.
Careticker is not responsible for and is not liable for the User Content or conduct of Registered Users. You are solely responsible for your User Content, conduct, and interaction with other Registered Users, both online or offline. We have no obligation to become involved in disputes between Registered Users. If you have a dispute with one or more Registered Users, you release Careticker (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
12. Disclaimer: No Medical Advice.
The content on the Platform is provided for the purpose of assisting Registered Users in coordinating, reporting and tracking the care of health plan Members. Careticker makes no warranties with regard to a Member’s need for medical care or treatment, the appropriateness of the care prescribed in a Member’s care plan, or the sufficiency of the care provided by a Caregiver User.
13. Warranty Disclaimer.
UNLESS OTHERWISE AGREED IN A MORE SPECIFIC AGREEMENT BETWEEN YOUR EMPLOYER AND CARETICKER (as provided in Section 21), CARETICKER DOES NOT PROMISE THAT THE WEBSITE, CARETICKER APPLICATION, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE CARETICKER APPLICATION WILL PROVIDE SPECIFIC RESULTS FROM YOUR USE OF THE APPLICATION OR PARTICIPATION IN THE SERVICES OR YOUR USE OF ANY CONTENT, SEARCH, OR LINK ON IT. THE WEBSITE, CARETICKER APPLICATION, AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE AND CARETICKER APPLICATION, YOU DO SO AT YOUR OWN RISK. CARETICKER DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM CARETICKER SITE OR APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES. CARETICKER DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE AND/OR CARETICKER APPLICATION; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE OR CARETICKER APPLICATION, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE CARETICKER WEBSITE, CARETICKER APPLICATION AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.
14. Limitation of Liability.
UNLESS OTHERWISE AGREED IN A MORE SPECIFIC AGREEMENT BETWEEN YOUR EMPLOYER AND CARETICKER (as provided in Section 21), UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL CARETICKER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE CARETICKER WEBSITE, CARETICKER APPLICATION AND RELATED SERVICES AND CONTENT.
15. Indemnity.
UNLESS OTHERWISE AGREED IN A MORE SPECIFIC AGREEMENT BETWEEN YOUR EMPLOYER AND CARETICKER (as provided in Section 21), You agree to defend, indemnify, and hold Careticker and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to (i) your breach of these Terms; (ii) the actions of any person gaining access to the Platform under a user ID, password or other unique identifier assigned to you; and (iii) your negligence or willful misconduct.
16. Contact for Alleged Copyright Infringement.
Careticker respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. 512) (the “DMCA’) to respond to such concerns, as follows:
support@careticker.com
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
17. Modifications to these Terms.
We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Application or Website. Please feel free to print out a copy of these Terms for your records.
18. Assignment.
These Terms shall not be assignable by you, either in whole or in part. Careticker reserves the right to assign its rights and obligations under these Terms.
19. General.
These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Florida in the judicial district where Careticker has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Careticker’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Careticker and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
20. Survival.
The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 5 (Ownership; Reservation of Rights)
Section 12 (Warranty Disclaimer)
Section 14 (Limitation of Liability)
Section 15 (Indemnity)
Section 18 (Assignment)
Section 19 (General)
Section 20 (Survival)
21. Relationship to Privacy Policy and Other Contracts.
These Terms must be read in conjunction (i) with other agreements into which you or Your Employer may enter concerning the Careticker Platform (if any), and (ii) with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will control. SIMILARLY TO THE EXTENT THESE TERMS CONFLICT WITH THE TERMS AND CONDITIONS OF ANY SPECIFIC AGREEMENT YOU OR YOUR EMPLOYER ENTER INTO WITH US, THE TERMS AND CONDITIONS OF SUCH SPECIFIC AGREEMENT WILL CONTROL.
22. Contact Us.
If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:
You may contact us, for any reason, by e-mail as follows:
support@careticker.com
Effective Date: The effective date of these Terms and Conditions is 1st January, 2020.
COPYRIGHT AND LEGAL NOTICE. Copyright © 2024 Careticker LLC. All Rights Reserved.
