CareSpeak Communications Inc. Terms and Conditions
This website is owned and operated by CareSpeak Communications Inc. (“CareSpeak”). CareSpeak also does business as DiabeText, KorTxt, MediM AS, MediM, WellTexts, and MediMWeb, and all of these names are used to refer to CareSpeak. The words “we” and “our” refer to CareSpeak. We operate websites under the following names: CareSpeak.com, DiabeText.com, KorTxt.com, WellTexts.com, and MediMWeb.com (each a “Website” and, collectively, the “Websites”). “You” refers to you or, if the patient is a minor or under the care of a duly authorized caregiver, to the parent, guardian, or such caregiver that has contracted with CareSpeak for the patient’s access to the services offered through our Websites. 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. You also agree to inform the patient about your intent to sign them up for one or multiple CareSpeak services and to gain their prior consent before doing so.
The following terms and conditions (“Terms and Conditions”) govern your use of the Websites and services offered through the Websites. By accessing, viewing, or using the content, material, or services available on or through the Websites (“Content”), you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them.
If you do not agree to these Terms and Conditions, you are not granted permission to use the Websites and must exit immediately. These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Websites for at least 60 days after the change. It is the obligation of users visiting the Websites to learn of any changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions will be effective upon posting and apply to any visitor who has visited the Website before the change was made.
LIMITED LICENSE
Subject to these Terms and Conditions, CareSpeak grants you a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content. CareSpeak may revoke this license at any time, for any reason. Your use of this Website and Content is further subject to the terms of our Privacy Policy, which is posted on this Website.
NOT MEDICAL ADVICE
CareSpeak offers text message, e-mail, and voice-based communications (“Communications”) for the management of medication therapies. Information on the Websites is not intended to constitute an offer to sell or a solicitation of any particular CareSpeak product or service. Our Content and Communications are not intended to be a replacement or substitute for professional medical advice. The Content and Communications do not constitute medical advice, diagnosis, or treatment. You acknowledge and understand that you will seek the advice of a physician or other qualified health-care provider with any questions that arise regarding any medical condition. You acknowledge that all information and guidance provided by CareSpeak is solely at your own risk. You understand that CareSpeak does not endorse any particular physician or health-care provider for the treatment of any specific medical condition.
You assume sole responsibility for the proper use and scheduling of any medications, treatments, and procedures related to the patient’s health-care and disease management. CareSpeak assumes no responsibility for the accuracy or appropriateness of any information entered and stored by you either on the Websites or any device you use to receive communications from CareSpeak.
INFORMATION YOU PROVIDE
We have a Privacy Policy setting out CareSpeak’s online information gathering and dissemination practices with respect to the Websites. Click here to view the Privacy Policy, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Neither CareSpeak nor its employees, agents, suppliers, third party information providers, merchants, licensors, or the like warrant that the Websites or their operation will be accurate, reliable, uninterrupted, or error-free. CareSpeak will not be liable in any way to you or to any other person for: (1) any inaccuracy, error, or delay in, or omission of, any information or the transmission or delivery of any such information, or (2) any loss or damage arising from, or occasioned by, (a) any such inaccuracy, error, delay, or omission, (b) nonperformance, or (c) 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 CareSpeak.
OUR WEBSITES, THE CONTENT, COMMUNICATIONS, AND ALL SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION WITH OUR WEBSITES ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF OUR WEBSITES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO OUR WEBSITES, CONTENT, COMMUNICATIONS, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION WITH OUR WEBSITES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NONINTERFERENCE, QUALITY, TITLE, AND NONINFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT WITH REGARD TO ANY AND ALL CONTENT AND COMMUNICATIONS IS ASSUMED BY YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRACONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY OR DEATH, OR LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITES — INCLUDING BUT NOT LIMITED TO THAT RESULTING FROM FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS — THE WEBSITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITES, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF CARESPEAK TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITES, THE CONTENT AND COMMUNICATIONS, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION WITH THE WEBSITES EXCEED THE PRICE PAID BY YOU, OR FOR YOU, FOR USE OF THE WEBSITES.
COMMUNITY FORUMS
CareSpeak may provide blogs, message boards, and other community forums (“Community Forums”) on the Websites. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. CareSpeak does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Websites. CareSpeak does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users.
ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
LINKS/ADVERTISEMENTS
The Websites may link to websites operated by third parties (each a “Third Party Website” and, collectively, “Third-Party Websites”). The inclusion of any link to a Third Party Website does not imply endorsement by CareSpeak of that Third Party Website, but is for your reference and convenience only. CareSpeak has not reviewed all of the Third Party Websites linked to our Websites and is not responsible for the content or accuracy of any Third Party Websites’ pages or any other Third Party Website linked to CareSpeak. Nor does CareSpeak recommend or endorse any specific tests, products, or procedures that may be mentioned on or represented in advertisements on the Websites. Linking to any other Third Party Websites’ pages or Third Party Website is at your own risk and subject to the terms and conditions of any hyperlinked Third Party Website. The Websites may also contain advertisements by third parties. Unless otherwise specifically stated on the Websites, CareSpeak does not endorse or make any representation regarding the liability, quality, or accuracy of any products or services featured in, or linked to, any advertisement that appears on the Websites.
COPYRIGHTS
CareSpeak retains full copyright ownership, rights, and protection in all material contained on the Websites (including all proprietary software developed with HTML code, Java applets, ActiveX controls and other code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Websites without the prior consent of the copyright owner. You agree not to modify any documents, graphics, images, or other material found on the Websites. You may, however, make single copies of materials displayed on the Websites for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Websites. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from CareSpeak or the copyright owner of the copied material. None of the material contained on the Websites may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation, or otherwise), resold, or redistributed without the prior written consent of CareSpeak. All content of CareSpeak is Copyright © 2006 – 2010 CareSpeak Communications Inc. All rights reserved.
TRADEMARKS
The names CareSpeak, DiabeText, KorTxt, MediM AS, MediM, WellTexts, and MediMWeb and all other trademarks, service marks, trade names, logos, domain names, URLs, and icons (“Marks”) appearing on the Websites, registered or not, are the property of CareSpeak or their respective owners. Nothing on the Websites grants you any right or license to use any of the Marks without the express written permission of CareSpeak or the third-party owners of the Marks. Unauthorized use may violate trademark and other laws.
INDEMNIFICATION
You agree to defend, indemnify, and hold CareSpeak, its officers, directors, employees and agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Websites in a manner that violates or is alleged to violate these Terms and Conditions. CareSpeak will provide you with prompt notice of any such claim, suit, or proceeding and will reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.
TERMINATION
You agree that CareSpeak may terminate your use of the Websites at any time for no reason or any reason. You agree that CareSpeak may modify or discontinue the Websites, with or without notice to you. You agree that CareSpeak will not be liable to you or any third party as a result of such modification or discontinuation.
GENERAL PROVISIONS
You expressly agree that exclusive jurisdiction for any dispute with CareSpeak, or in any way relating to your use of the Websites (“Legal Action”), will be the courts of Middlesex County, State of New Jersey. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts will be instituted in a federal court in the District of New Jersey. These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of these Terms and Conditions will be deemed a further or continuing waiver of such term or condition or any other term or condition.
SURVIVAL
The provisions entitled “Limited License,” Not Medical Advice,” “Disclaimer of Warranties and Limitation of Liability,” “Community Forums,” “Links/Advertisements,” “Copyrights,” “Trademarks,” “Indemnification,” and “General Provisions” will survive termination of this agreement.
FEEDBACK AND COMMENTS
We are pleased to receive feedback, comments, and ideas from users of the Websites, but we do not want to receive confidential or proprietary information from you. Please note that any information you submit through the Websites will be considered nonpersonal, nonconfidential, and nonproprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how, techniques, or materials to us through the Websites, you hereby agree that CareSpeak is free to use them for any purpose without attribution, and that you grant CareSpeak a royalty-free, unrestricted, and irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium.
NOTICE
You may give notice to CareSpeak at any time via e-mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
CareSpeak Communications Inc. 25 Buffalo Run East Brunswick, NJ 08816 Phone: +1 (646) 504-2273 Fax: +1 (732) 432-9513 E-mail: terms@carespeak.com