Terms of Service
The SmartCare360 website, web apps, mobile apps and other information services (the “Service” or “Services”) are made available to you by SmartCare360 (“SmartCare360”) subject to these terms and conditions, including those set forth in the SmartCare360 Privacy Policy contained herein (the “Terms”). By accessing the Services, you agree to follow and be bound by the Terms. We may make changes to our Services, these Terms of Service, and our Privacy Policy at any time. We encourage you to review our site and apps regularly for any such changes. Your continued use of our Services will constitute your acceptance of such changes.
Eligibility and Registration
You may be eligible to use our Services if you, your care provider, health plan, employer (or the employer of the person through whom you receive your health care coverage) or other similar type of organization has purchased our Services and instructed us to provide you with our Services. We collectively refer to all these types of organizations as Your Health Partner.
You need to register with us before using our Services. As part of that registration process, you provide us with certain information about yourself and choose a password. You agree that all the information you provide us in registering and using our Services is accurate and complete, including your election to receive or not receive any e-mail, text or other digital notification as part of the Services, that you will maintain and promptly update your information, and that we can store and use your information in order to provide you with our Services.
You are entirely responsible for maintaining the confidentiality of your password. You agree to immediately notify us of any suspected unauthorized use of your password or account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or for any inaccuracies or omissions in your information.
Permitted Use Of Our Service
You agree to access and use our Service in accordance with these Terms of Service and only for your personal, non-commercial use, and not to transfer your access rights to anyone else. Your license to use our Service is conditioned on your agreement with these Terms of Service.
Restrictions On Use Of Our Service
You agree that all of your activities on our Service will be appropriate and related to your use of our Service. By way of example, you agree that you will not: (a) post, transmit or submit any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, false, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material or information, any spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate applicable law or the rights of others; (b) attempt to access the accounts of any other user of our Service; (c) translate, modify or create derivative works of our Service; (d) upload, download, recreate, display, perform, post, reproduce or copy our Service, except as permitted by these Terms of Service; (e) disclose, publish, distribute, sell, assign, lease, sublicense, market or transfer our Service; (f) attempt to derive the source code, source files or structure of the software contained in our Service by reverse engineering, disassembly, decompilation or any other means; (g) use our Service to create a service bureau or for any other use involving processing of data for other persons or entities; (h) use our Service except in accordance with all applicable law; (f) Introduce into our Service any “malware,” such as, but not limited to, viruses, worms and Trojan Horses; (g) Use deep-links, page scrapes, web crawlers, web robots, spiders, wanderers, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with our Services, or use other automated processes to access or use our Service; (h) Use our Service in any manner that could damage, disable, undermine, overburden, or impair our Service or the servers on which it runs or interfere with any other party’s use of our Service; (i) obtain or attempt to obtain any content through any means not intentionally made available or provided for through our Service; or (j) Use any of the logos, trademarks, service marks, or other indicators of origin appearing on our Service.
Copyrights, Trademarks And Other Proprietary Rights
We, and our licensors, retain all ownership rights in our Service. You do not receive any ownership rights or license rights by accessing or using our Service. The entire content of our Service including the text, design, software, photography, video, graphics, music, sound and information, and the selection, coordination, arrangement, and enhancement of all of them, is protected under the copyright laws of the United States, international treaties and other intellectual property laws.
Links
The Services may provide, or third parties may provide, links to other resources. Because SmartCare360 has no control over such resources, you acknowledge and agree that SmartCare360 is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such resources.
Monitoring
We may electronically monitor our Service and may disclose any information, records or electronic communication of any kind pursuant to the terms of our Privacy Policy.
Risk Assumptions
You knowingly and freely assume all risk when using the services. You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify SmartCare360 and its officers, directors, employees, agents, affiliates, representatives, sub licensees, successors, partners and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of benefits or other damages or harm, whether to you or to third parties, which may result from your use of the services.
Disclaimer of Warranties and Liability
The information, software, products, services and content available on the Service is provided to you “as is” and without warranty. SmartCare360 and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, suitability for a particular purpose, title and non-infringement. SmartCare360 and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.
You expressly agree that SmartCare360 is not providing medical advice via the Service, even though you may be connected to health and medical information professionals via the Service. The Service is not intended to be and should not be used in place of the advice of your physician or other medical professionals. Your use of the Services does not create a doctor-patient relationship between you and SmartCare360. You expressly agree that your day to day behaviors, which generate the content you may post or seek to post on the services, carry certain inherent risks, and that you voluntarily assume all known and unknown risks associated with these behaviors.
You expressly agree to release SmartCare360, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability connected with your behaviors.
Exclusive Remedy
If you are dissatisfied with our Service (including these Terms of Service), your only remedy is to discontinue using our Service.
Limitations On Liability
Notwithstanding anything else in these terms of service or otherwise, to the maximum extent permitted by applicable law, we and our licensors will not be liable to you or to any third party for any lost or corrupted data or content, special, indirect, incidental, exemplary or consequential damages of any kind arising out of use of our service or any subject matter of these terms of service, even if we have been advised of or could have foreseen the possibility of such damages.
Indemnification
You agree to indemnify and hold SmartCare360 and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services your connection to the Services, your violation of the Terms, or your violation of any rights of another person or entity.
Termination
Subject to applicable law, we reserve the right at any time, without prior notice and in our sole discretion, to suspend or terminate your account or deny you access to all or any portion of our Service or to any benefit or incentive offered as part of our Service if (i) you fail to comply with these Terms of Service, (ii) you provide information that is deceptive or misleading, (iii) you cease to be eligible for the Service as determined by Your Health Partner, or (iv) Your Health Partner ceases to purchase services from us. You agree that, on termination of your account, we may immediately deactivate or delete your account and all related information, bar your further access to such information and our Service, and disable your password. Provisions of these Terms of Service that by their terms or context impose continuing obligations will survive the expiration or termination of this Agreement for any reason.
Applicable Laws
The Services are controlled by SmartCare360 from its offices within the United States of America. SmartCare360 makes no representation that the Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. The laws of the State of California, U.S., will govern the Terms, without reference to its conflicts of law principles. You acknowledge that any breach of the Restrictions on Use of Our Service or the Permitted Use of Our Service cannot reasonably or adequately be compensated by damages in an action at law and that a breach or threatened breach of such provisions shall cause us irreparable injury and damage, and we shall be entitled, in addition to any other remedies we may have, to appropriate equitable relief.
General
If any provision of the Terms is held to be unenforceable, the remaining provisions will remain in full force. A waiver of a breach of any provision shall not be a waiver of the provision itself. These Terms are the entire and exclusive agreement between you and us with respect to your access to and use of our Services, and we may modify them at any time. Any rights not expressly granted herein are reserved.
Contact Us
If you have any questions regarding these Terms, please contact us by email at support@MRGHealth.com