The Company provides searchable listings of various home healthcare providers, and offers additional informational tools related to the home healthcare industry. The Company also engages in the verification or certain professional information submitted by home healthcare providers that choose to participated in the Company’s credentialing program.
A “user” is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The Terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, and the “Company” refer to CredentialedCARE Corp., a Delaware corporation. “Providers” are individuals or entities listed on the site as providing home health care services. Some Providers may also be users of the site.
“Content” means text, images, photos, audio, video, and all other forms of data or communication.
“User Content” means Content that a user submits, posts, or transmits to the Site, such as the reviews, compliments, complaints and other information that you display as part of your User profile, reviews, or other commentary that you may submit, post, or transmit to the Site. User Content does not include the information that users may submit in order to create an account on the Site.
“Provider Content” means Content that Providers submit, post, or transmit to the Site. Unless otherwise made clear in the registrations process, Provider Content does not include the information that Providers may submit in order to create an account on the Site.
“Company Content” means Content that is created by the Company and made available on the Site.
“Third Party Content” means Content that is made available on the Site by parties other than the Company, Providers, or the users, for use on the Site.
“Site Content” means all of the Content that is made available on the Site, including Your Content, Provider Content, User Content, Third Party Content, and Company Content.
The Company reserves the right, at its sole discretion, to modify this Agreement at any time by posting a notice on the Site. You shall be responsible for reviewing and becoming familiar with any such modification. The Company may also choose to send notice via email or other form of written notice, but it has no obligation to do so. Your use of the Services following the posting of any such modifications will constitute Your acceptance of the terms and conditions of the revised Agreement.
You must be at least 18 years old and a resident of the United States. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).
5. Medical Disclaimer
All information contained in the Site is general in nature and is intended for informational purposes only. The information and Services offered on the Site are to be used for assessing the quality and credibility of home healthcare providers.
[The Services are not a substitute for the advice of healthcare professionals. If patients, clients and customers have any healthcare needs, or require healthcare information, they are to consult with their doctor or other healthcare provider at once]
[Although we make an effort to provide quality information to you, the Company disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Company Content.]
[Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mention on the site]
7. Site Content
The Site and its Contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site or through the Services (including, but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, also known as “Content”) are protected by copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Provider Content, User Content and Third Party Content is the property and responsibility of the respective Provider, User or Third-Party, except as for such rights as may be reserved or transferred to the Company by this Agreement or other Agreements with such Provider, User or Third-Party. You shall abide by all copyright notices and trademark, information, and other restrictions contained in any Content accessed through the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may not utilize the Content in any way other than as expressly provided in this Agreement. You shall not store any significant portion of any Content in any form.
8. Restricted Use of Site Content
You agree not to use the Site to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site to send or post any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by the Company in its sole discretion.
Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
9. Provider Credentialing Program
Providers may participate in the Company’s credentialing program for a certain fee, as described on the site. Providers who participate in the credentialing program are given the Company’s Seal of Distinction.
a. General Providers
General Providers are Providers listed on the Site that have not elected to participate in the Company’s fee-based credentialing program. The Company makes no representations or warranties with respect to the information concerning General Providers, and the Company has not verified or engaged in any investigation as to the accuracy of such information.
b. Premium/Accredited/Credentialed Providers
Credentialed Providers are providers listed on the Site that have purchased to participate in the Company’s Provider Credentialing Program. Providers that have completed the Company’s comprehensive credentialing program are awarded the Company’s Seal of Distinction and distinguished on the Site as Credentialed Providers.
10. User Registration
Providers, both general and credentialed, as a condition to using the Services, will be required to register with the Company and select a password and User name (“Provider ID”). Users who with to post comments on the site, as a condition to using such aspects of the Services, will be required to register with the Company and select a password and User name (“User ID”).
As a Provider or User, You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your account. You may not (i) select or use as a Provider ID or User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID or Provider ID a name subject to any rights of a person other than You without the appropriate authorization. The Company may use Provider registration information to verify credentials or eligibility to practice medicine or otherwise provide services to patients, clients and customers.
The Company reserves the right to refuse registration of, or cancel a Provider ID or User ID in its sole discretion.
11. Provider Content
Providers are solely responsible for Your Provider Content. You assume all risks associated with use of Your Provider Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Provider Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Provider Content as described herein. General Providers may not imply that Your Provider Content is in any way sponsored or endorsed by the Company.
Because you alone are responsible for Your Content (and not the Company), you may expose yourself to liability if, for example, Your Provider Content violates a third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
12. User Content
Users are solely responsible for Your User Content. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your User Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your User Content as described herein.
Because you alone are responsible for Your Content (and not the Company), you may expose yourself to liability if, for example, Your User Content violates a third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
13. Permission to Use Provider Content and User Content
You grant the Company the irrevocable right to use Your Provider Content and/or User Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms (“Other Media”).
You grant the Site’s users and the users of any Other Media the irrevocable right to access Your Provider Content and/or User Content in connection with their use of the Site and any Other Media.
You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Provider Content and/or User Content.
14. Company Use of Provider Content and User Content
The Company may or may not use Your Provider Content and/or User Content, in its sole discretion. For example, the Company may choose not to publish Your Content if we believe it violates the Terms of Service or content guidelines. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
The Company and its licenses may display advertisements and other information adjacent to or included with any Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
15. Registration Data and Privacy
In order to access some of the services on this Site, you will require a separate account and password that can be obtained through a registered Provider or by completing our online registration form, which require certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
16. Filing a Complaint or Review
The Site offers a complaint and review service. In order to use the service a User must agree to additional, separate terms and agreements on the Complaint and Review webpage located on the Site. For more information, please see our Complaint and Review Policy, which is incorporated into these terms.
17. Copyright Infringement
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Site has designated an agent to receive notices of claims of copyright infringement:
Gerald W. Flanagan
4445 Eastgate Mall
San Diego, CA 92121
We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.
18. Payment of Fees
If you subscribe to a service on this Site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this Site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within seven (7) days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse use for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
19. Security and Passwords
Providers with multiple registered accounts are responsible for maintaining the confidentiality of each password associated with their account and for any and all statements made and acts or omissions that occur through the use of such passwords, including any email sent and any charges incurred.
All other Users and Providers are responsible for maintaining the confidentiality of the password(s) associated with their account and for any and all statements and acts or omissions that occur through the use of their account information or passwords with anyone, except that users who access the Site through passwords provided to them by a registered Provider may transfer or share their account information with that Provider.
We reserve the right to immediately terminate an account or password in the event of any unauthorized transfer or sharing of account information or passwords. We may also immediately terminate an account or password if that account is associated with any act or statement that violates any provision of this Agreement. We also may suspend and/or terminate an account or password for failure to pay for services.
20. Linking to Third Party Sites
The Site may link to other websites, not owned or controlled by the Company. The Company makes no representations regarding the privacy practices or the accuracy of the Third Party Content published in connection with any such websites. The Company is not responsible for the content of off-site pages or any other websites linked or linking to our Site. If you have any questions or concerns relating to a linked site, please direct them to that site’s administrator or webmaster.
21. Warranty Disclaimer & Limitation of Liability
This Agreement does not create any special relationship or fiduciary duties between You and the Company. The Company has no special relationship with or fiduciary duty to You. With respect to content and information on the Site, the Site disclaims any warranty regarding the accuracy or usefulness of the information.
You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content a user accesses or receives via the Site or Services; what effects the Content may have on You; how a user may interpret or use the Content; or what actions a user may take as a result of having been exposed to the Content. You release the Company from all liability for You or any other user having acquired or not acquired Content through the Site or Services. The Company makes no representations concerning any Content contained in or accessed through the Site or any Services provided, and Company will not be responsible or liable for the accuracy, transmission, copyright compliance, or legality of material contained in or accessed through the Site or Services.
ALL USE OF THE SERVICES, CONTENT, SITE, AND ANY OTHER INFORMATION CONTAINED THEREIN SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT SHALL COMPANY BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF ANY CONTENT, OR (B) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Your access to the Site, your use of the Services (including the sending of Submissions), the violation of this Agreement by You, or the infringement by You of any intellectual property or other right of any person or entity.
23. Service Modifications and Restrictions
The Company may change, suspend or discontinue the Services at any time without notice or liability. The Company also may restrict or impose limits on the use of certain features and services at any time without notice or liability.
The Company may terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Upon termination, Your right to use the Services, send Submissions, access the Site and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The Company owns the Company Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content, Provider Content and Third Party Content. The Company also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Company Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Company Content in whole or in part except as expressly authorized by Company. Except as expressly and unambiguously provided herein, Company does not grant you any express or implied rights, and all rights in and to the Site and the Company Content are retained by Company.
26. Governing Law
The Terms and the relationship between you and the Company shall be governed by the laws of the State of Delaware, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.
27. Dispute Resolution
Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the Company Content (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in [ ], Nevada. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney’s fees, costs, and disbursements arising out of the arbitration. Either you or Company may seek interim or preliminary injunctive relief from a court of competent jurisdiction in delaware, as necessary to protect the rights or property of you or the Company pending the completion of any arbitration proceeding.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by You except with Company’s prior written consent.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement. You do not have any authority of any kind to bind Company in any respect whatsoever.