CareTree Terms and Conditions of Use

CareTree, Inc., a Delaware corporation (herein referred to as the "Company," "we" or "us"), provides a software platform service for physicians, caregivers and family to coordinate and keep each party informed of the care being provided to a patient (the "Services"). The Services are provided through the Company's website at www.caretree.me and web.caretree.me (the "Site"). To use the Site you must register and agree to these terms and conditions of use (the "Terms") by clicking "Accept" to acknowledge your acceptance of these Terms.

The Company reserves the right to amend, modify or revise these Terms at any time (an "Amendment"). Any Amendment will become effective upon the earlier of (i) the Company sending you a notice to the email address you provided to the Company upon registration and providing a link to or a copy of the Amendment or (ii) your first use of the Site or Services after Company has posted such Amendment to the Site. You are encouraged to review these Terms from time to time. By your continued use of the Site or the Services you accept and agree to be bound by the Terms as posted on the Site at the time of your use. If you do not agree with any Amendment you should discontinue your use of the Site and the Services and cancel your Site User (defined below) account. It is your responsibility to update your account promptly with any change to the email address you would like the Company to use when communicating with you by email.

CareTree Registration and Patient Profile

CareTree allows for the creation of a secure online patient profile where information about a patient's health care needs and services, medical history, life planning, medical appointments and other information about managed care can be stored (the "Patient Profile"). A person who creates a Patient Profile is referred to in these Terms as a "Profile Creator."

A Profile Creator can create a Patient Profile for himself or herself, or for another person. If you wish to be a Profile Creator, you must register with the Site, provide all information that is required in registration, pay the applicable fee (if any), and abide by these Terms.

If you are a Profile Creator you will have administrative privileges for the Patient Profile ("Administrative Rights&quoquot;). Administrative Rights mean you have authority to: (i) add information to the Patient Profile or delete information from the Patient Profile; (ii) authorize other people to access the Patient Profile you created (a "Designated User"); (iii) determine what permissions will be granted to each Designated User, including whether any Designated User will have Administrative Rights and whether any Designated User has authority to add Designated Users to the Patient Profile; (iv) revoke any permissions that have been granted to a Designated User; and (v) terminate a Designated User's authorization with respect to all or any part of the Patient Profile.

The phrase "Site User" will be used in these Terms to mean both the Profile Creator and any Designated User.

If you are a Profile Creator for a patient other than yourself, you must at all times abide by the limits of the authorization given to you by the patient. This means that you will be liable to the patient if you allow information to be added to or remain on the Patient Profile without authority from the patient, or if you add a Designated User or grant permission to a Designated user without authority from the patient.

If you have been authorized as a Designated User for a particular Patient Profile, you must register with the Site, provide all information that is required in registration, and abide by these Terms. The scope of your access to and use of a Patient Profile will be determined by the Profile Creator and anyone with Administrative Rights. As a Designated User, you must at all times abide by the limits of the authorization given to you by the patient or any Site User. This means that you will be liable to the patient or Site User if you allow information to be added to or remain on the Patient Profile without authority from the patient, or if you otherwise exceed or attempt to exceed the scope of your permissions with respect to a Patient Profile.

If you register as a Profile Creator, then after registration you may create a Patient Profile. Patient information provided by the Profile Creator may include personal information of the patient; the patient's health and medication records; legal documents like a power of attorney, do-not resuscitate order and will; and other information relating to the patient's health care needs.

If you have rights to add Designated Users to a Patient Profile, you may do so by submitting to the Company the email address of the proposed Designated User. The Company will send the proposed Designated User an email with instructions on how to register as a Designated User for the Patient Profile; provided, that that Company reserves the right to refuse to give access to any individual or entity as the Company may determine in its sole and absolute discretion. You must carefully determine what user permissions you will grant to any Designated User.

A Site User is responsible for maintaining the confidentiality of the Site User's account name and password. Site Users shall not allow anyone to access the Patient Profile under the Site User's credentials. As a Site User, you accept full responsibility for all activities that occur under your account credentials.

The Company reserves the right, in its sole and exclusive discretion, at any time and from time to time to modify, suspend or terminate any or all of the Services without liability of any kind. Such right includes the right to terminate any Site User's rights to use the Site or the Services and to terminate a Site User's account access in the event of misconduct or threats or allegations thereof, excessive Site or Services traffic which prevents the normal use of and access to the Site or the Services by others, failure to pay any fees owed to the Company, or any violations of these Terms, as determined by the Company in its sole and exclusive discretion.

If you believe that another person or entity has wrongfully, falsely or fraudulently created a patient profile for you or has obtained unauthorized access to a Patient Profile, please contact us immediately at info@caretree.me.

Representations, Covenants and Content License

If you are a Profile Creator and are creating a Patient Profile for someone else, you represent and warrant to the Company that the patient has given written authorization allowing you to: (i) be a Profile Creator; (ii) provide patient information to the Service; and (iii) have all Administrative Rights.

Each Site User represents and warrants that all information provided to the Services, including but not limited to patient identification and medical information, care information, personal identification information and relationship to the patient, and any and all documents and records are true, accurate, and complete.

Without limiting any other obligation described in these Terms, each Site User hereby agrees to abide by the authorization granted to you by a patient and to refrain from using any information from a Patient Profile except for the benefit of the patient. You agree to maintain information confidentially and to disclose such information solely to the extent authorized by a patient and solely in accordance with applicable law.

Each Site User agrees to abide by HIPAA if applicable. It is the Site User’s sole responsibility to engage with CareTree in entering a Business Associates Agreement (“BAA”) if it is applicable for the intended use of CareTree by the Site User.

Each Site User hereby grants to the Company a nonexclusive, worldwide, royalty-free, perpetual license to copy, reproduce, distribute, display, modify, and make derivative works of any and all content you create or post through use of the Services. Each Site User represents that he or she possesses all necessary legal rights to grant the foregoing license.

User License and Site Access

Company grants Site Users a limited, nonexclusive, non-transferable, non-sublicenseable, revocable license to access and make use of the Site and Services solely for the benefit of the patient and for no other commercial purpose. The licenses granted herein do not include the right to download (other than page caching) or modify the Site or Services, or any portion of it, except with express written consent of the Company. This license specifically does not include any rights to sell or make commercial use of the Site, Services, any portion thereof or any content on the Site or Services. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks or purchase the Company's name or trademarks as key words without the express written consent of the Company. Any unauthorized use of the Site or Services terminates the permission or license granted by the Company to you.

User Conduct and Obligations

You agree to use the Site and Services only for lawful purposes and agree to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using this Site and the Services. While using the Services, you will not:

post or share content or items that you do not have the right to post;
violate any laws, third party rights or our policies;
use our Site or Services if you are temporarily or indefinitely suspended from using our Site or Services;
use our Site or Services if you are under the age of 18, unless you have the consent of your parent or guardian;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
transfer your CareTree account to another party without Company's and patient's consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm the Services, or the interests or property of other Site Users;
copy, modify, frame, screen scrape, or distribute rights or content from the Site or Services or Company's copyrights or trademarks; or
harvest, data mine, or use similar data gathering and extraction tools on the Site or Services or otherwise collect information about Site Users or patients without their consent.

You may report violations of these Terms by contacting the Company at info@caretree.me.

Relationships with Third Parties

You acknowledge and agree that your dealings with any third parties, including other Site Users, caregivers, physicians, patients or family members found on, or accessed through the Services, and any of their products or services, are solely between you and such third parties. The Company shall not be liable for any loss or damage resulting from such dealings. You acknowledge that Company makes no representation, endorsement or recommendation regarding any health care service, health care provider or medical information of any kind.

Electronic Communications

When you visit the Site, use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Except as otherwise specified, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and licensors and is protected by United States and international copyright laws. The compilation of all content on the Site and through the Services is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of the Company or its software suppliers and licensors and is protected by United States and international copyright laws.

Trademarks

The CareTree name and logo and the domain name caretree.me are trademarks of the Company and the overall visual appearance of the Site and Services are trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used without the Company's prior written consent. All other trademarks not owned by the Company that appear on this site are the property of their respective owners.

ALL SALES ARE FINAL

Purchases of all Services from the Company are final, non-refundable and non-transferable.

It is the policy of the Company to terminate the account of any Site User who repeatedly infringes the copyrights of others and to expeditiously remove or disable access to the alleged infringing material if the Company is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials on the Site or Services (e.g., content, images, text, documents, etc.) infringe your copyright, you may request removal of those materials from our Site and Services by contacting our designated copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND THE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN SOLE AND EXCLUSIVE RISK. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INCORRECT INFORMATION POSTED TO THIS SITE, THE SERVICES, TRANSMITTED BY ELECTRONIC MEANS TO YOU THROUGH THE SERVICES, OR IN ANY ADVERTISEMENTS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTEIS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR LINKS TO THIRD PARTY SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THE USER HEREBY EXPRESSLY WAIVES ANY CLAIMS RELATED TO THE SAME.

THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OF THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification by User

You agree to indemnify and hold the Company and its affiliates, business partners, officers, managers, directors, members, shareholders, employees, representatives and agents harmless from any loss, liability, claim, demand, damage, or expense (including actual legal fees) asserted by any third party relating in any way to: (i) your use of this Site or the Services; (ii) your breach of any of these Terms; (iii) any act or omission by you that violates any patient authorization or applicable law; or (iv) your disclosure or use of any information provided or made available to you at the Site or by the patient, any Site User or any health care provider. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. This indemnity obligation survives the term of any Services or the termination or amendment of these Terms.

Additional Provisions

By visiting the Site or using the Services, you agree that applicable federal law, and the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company. Venue of any action arising out of or related to these Terms or any dispute of any sort that might arise between you and the Company shall be proper in the state courts located in Cook County, Illinois or the United States District Court for the Northern District of Illinois.

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF ILLINOIS IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

The Company makes no claims that information on the Site or provided through the Services is appropriate or may be downloaded outside of the United States. If Site Users access the Site or use the Services from outside of the United States, the Site User does so at the Site User's own risk and shall be responsible for compliance with the laws of the Site User's jurisdiction regarding online conduct and acceptable content. Personal information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with our Privacy Policy. If a Site User is a non-U.S. Site User, such Site User acknowledges and agrees that the Company may collect and use his/her personal information and disclose it to other entities outside the Site User's resident jurisdiction. In addition, such personal information may be stored on servers located outside the Site User's resident jurisdiction. U.S. law may not provide the degree of protection for personal information that is available in other countries. By providing us with the Site User's personal information, such Site User acknowledges and consents to the transfer of such personal information outside of the Site User's resident jurisdiction as detailed in our Privacy Policy. If the Site User does not consent to such transfer, he/she shall not use this Site or the Services.

If any provision of these Terms is found to be invalid by a court the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If any provision herein is or should become inconsistent with any present or future law, rule or regulation of any sovereign government or regulatory body having jurisdiction over the subject matter of these Terms, such provision shall be deemed to be rescinded or modified in accordance with such law, rule or regulation. In all other respects, these Terms shall continue to remain in full force and effect. These Terms will commence upon use of the Site or the Services and will continue in full force until terminated in accordance with these Terms. The Site User may terminate these Terms at any time by ceasing all use of the Services and the Site and cancelling the Site User's account; provided however that the following provisions shall survive termination: Disclaimer of Warranties and Limitation of Liability, Indemnification by User, and these Additional Provisions. The Company may immediately terminate these Terms and any Services and may block Site User's access to his/her account without notice in the event a Site User violates these Terms as determined by the Company. The Company may terminate these Terms and the Services for its convenience with 30 days' prior notice to any active Site User.

Contacts

Questions about these Terms should be directed to info@caretree.me.

For general inquiries by mail, the Company's address is:

CareTree
2501 W. Haddon Street
Suite 102
Chicago, IL 60622

Effective as of September 1, 2013.
Last updated November 11, 2015.