Service Agreement & Terms

Service Agreement & Terms

Last Updated: 9/2/2022


Users of CareComplete are provided access through an Organization (the “Organization”) licensed to use our products and services. 

1. OVERVIEW. The Site is available only to users who have a registered username and password and are participants (a “participant”, a “user”) with the Organization.  The Organization can control and administer a Participant account including enabling and disabling access to some or all of the services of CareComplete.

Only authorized users are permitted to use or access the Site, and such use or access is prohibited by unauthorized third parties. An "Unauthorized Third Party" refers to any third party or business that seeks to access or accesses the Site using the account credentials (e.g., user name or ID and password) of a participant of the Organization (each a "user"), regardless of the user's purported consent, in order to access, copy or obtain information within the Site, whether such information is accessed, copied or obtained by an automated data gathering program or by other means, including data scrapers, data aggregators and any third parties seeking to monetize data obtained from CareComplete without CareComplete’s express consent.

If you do not have a valid registered username and password issued to you or are no longer a participant of the Organization, you are not authorized to use or access the Site. The Organization, through its service agreement(s) with CareComplete LLC ("CareComplete"), is providing you with access to the information and services on the Site under these terms and conditions ("Terms"). Please note that not all terms and conditions set out below may be applicable to you. Only the terms applicable to the products and services purchased by your Organization under its service agreement(s) with CareComplete apply. The "Site" shall refer to the site which makes available certain CareComplete Services (the "Services") to participant users as authorized by the Organization.

A. PARTICIPANT USERS. On the Site, you will be able to access certain information and documents made available by your Organization and to participate in the ”Services”.  These Services may permit you to update certain personal information and to make certain elections through the Site, in each case through the use of certain software proprietary to CareComplete and its licensors (the "Software"). As a participant, your use is limited to your own individual use. You acknowledge and agree that it is your responsibility to submit information relating to the Services and to verify the accuracy and completeness of all such information. CareComplete does not review the accuracy or completeness of the information you submit.

Calculations, estimates or modeling of events or circumstances, including projected or expected annual expenses, provided on this Site are estimates only and are being provided by CareComplete for informational purposes only. Your actual costs and expenses may vary.

You acknowledge and understand that CareComplete is merely making the Site available on behalf of the Organization and is not acting as an investment advisor, broker-dealer, insurance agent or intermediary or a financial or benefit planner or tax advisor.

You acknowledge that CareComplete is not rendering legal advice or other professional services. While every effort is made to provide current information, the law changes regularly and laws may vary depending upon the country, state, province or municipality. Any materials in the Site are made available for informational purposes only and are not a substitute for legal advice or your professional judgment. You should review applicable law in your jurisdiction and consult counsel for legal advice. You assume all responsibility for and risk arising from your use of and reliance upon the contents of the Site.

You may from time to time provide suggestions, comments or other feedback ("Feedback") to CareComplete with respect to the Software, Services and/or related documentation. All Feedback shall be provided voluntarily and shall not, absent a separate written agreement, create any confidentiality obligation for CareComplete. CareComplete may use, disclose, reproduce, license or otherwise distribute any Feedback it receives at its discretion.

B. ADMINISTRATOR USERS. On behalf of the Organization, you will be able to access and input certain information relating to the Organization and the Organization’s Participants. The information that you input may be used and relied upon by CareComplete and by the Organization’s Participants who participate in the Services. The Services may permit Participants of the Organization to make certain elections through the Site and to update certain personal information, in each case through the use of the Software. As an authorized administrator for the Organization, you acknowledge and agree, on behalf of the Organization, that it is the Organization’s responsibility to submit instructions and information relating to the Services and to verify the accuracy and completeness of all such instructions and information submitted by the Organization and the Organization's Participants.

As an authorized administrator for the Organization, you acknowledge and understand, on behalf of the Organization, that CareComplete is merely making the Site available and is not acting as an investment advisor, broker-dealer, insurance agent or intermediary or a financial or benefit planner. 

Note on Binding Effect: As an authorized administrator for the Organization, your acceptance of these Terms will serve to bind BOTH you and the Organization and in accepting such terms, you represent that you are authorized to so bind the Organization. The portion of the Terms specifically applicable to "Administrator Users" will be binding upon you in your capacity as an authorized administrator and on the Organization, and the terms specifically applicable to "Participant Users" or "Participants" will be binding upon you as a participant, and not upon your Organization. All other terms will be binding upon both you and the Organization.

2. USERNAME, PASSWORD, AND ID. In order to access and use the Site, you must provide your current username and password. Some services rely on an additional identifier (“ID”) to identify you within the Site, such as the Portal and Telephony Services.  This ID will be provided to you by your Organization.  You agree to take any and all actions necessary to maintain the privacy, confidentiality and security of your username and password and ID, including, without limitation, safeguarding your username and password and any related credentials or user authentication information for account access in a private and secure place to ensure only authorized access to your account, adopting special precautions when accessing the Site from a computer that is available for use by other users and logging out of the Site at the end of each session. If you believe that an Unauthorized Third Party has access to your account, you should immediately change your password and notify your Organization’s administrator or other representative. You agree not to adopt any obscene, vulgar or profane username or password.

3. LAWS AND REGULATIONS. Access to and use of the Site, Software, and Services are subject to all applicable international, federal, state, provincial, and local laws and regulations, including export and import laws and regulations. You agree to abide by these laws and regulations, including those that apply to Sites, Software, and Services of U.S. origin (as applicable) and those that restrict or prohibit export for certain end-uses or to certain end-users, and not use the Site, Software, or Services in any way that violates such laws or regulations.

4. PRIVACY. Any personal information provided to CareComplete through the Site is subject to the CareComplete privacy statement located at: https://carecomplete.net/privacy-policy.

5. SECURITY. Data transmitted to and from the Site is encrypted for your protection. We have organizational and technical processes and procedures in place to protect information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.  CareComplete is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

You are responsible for maintaining the security and confidentiality of any password, username or other form of user authentication required by CareComplete ("Authentication") involved in obtaining access to password protected or secure areas of CareComplete sites, and you shall not disclose any confidential account access credentials or information to Unauthorized Third Parties. In order to protect you and your data, CareComplete may suspend your use of the Site, without notice, pending an investigation, if any such unauthorized disclosure or breach of security is suspected.

6. COPYRIGHTS AND TRADEMARKS. The Software available on or through the Site is the sole and exclusive property of CareComplete LLC or its licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not use the trademarks, logos and service marks ("Marks") found on the Site for any purpose, including, but not limited to, use as "hot links" or meta tags in other pages or sites on the World Wide Web, without the written permission of CareComplete or such third party that may own the Mark.

7. RIGHTS TO USE SOFTWARE; NO TAMPERING. The Software includes certain computer software that is subject to copyright protection by CareComplete and/or CareComplete's licensors. You agree and acknowledge that CareComplete and/or its licensors retain title to the Software and any copies thereof. You are not purchasing title to the Software or copies thereof. CareComplete reserves all rights not expressly granted to you. You may not modify, copy, distribute, transmit, display, publish, sell, rent, license, create derivative works or otherwise use any contents, information or Software available on or through the Site for commercial or public purposes. You are granted access to use the Software on a limited, revocable, non-exclusive, and non-transferable basis, subject to these Terms. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Software). You agree not to modify, move, add to, delete, tamper with, manipulate or otherwise disrupt the Site, the Software contained in the Site, or the information contained in the Site, and further agree not to circumvent any CareComplete technical controls and security measures. Any attempt to do so is a violation of the rights of CareComplete and its licensors.

8. USE OF SITE NOT TRANSFERABLE/ASSIGNABLE. The right to use the Site (including the Software and Services) is personal to each user that is authorized to use the Site and is not transferable by such user by assignment, sublicense, or any other method to any other person or entity. Any attempt by a user to transfer such user's rights shall be void and shall constitute a breach of these Terms.

9. OFFENSIVE, DESTRUCTIVE OR INAPPROPRIATE USE. You shall not exploit the Site or the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You acknowledge and agree you are not permitted to use any personally identifiable information for personal use and you agree not to copy, reproduce, transfer or distribute any personally identifiable or confidential information other than in compliance with all laws and as permitted in connection with the Services. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that CareComplete is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

10. YOUR REPRESENTATIONS. You represent, warrant and covenant that: (a) you are authorized to access and use the Site; (b) all instructions and information you enter into the Site related to the Services will be accurate and complete; (c) you will verify and remain solely responsible for all instructions and information entered into the Site related to the Services; (d) you will not upload, transmit, distribute or otherwise publish through the Site any materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; (e) you will not decompile, reverse engineer, disassemble or unlawfully use, copy or reproduce any of the Software or other copyrighted or trademarked material, trade secrets or other proprietary or confidential information contained in the Site.

11. LINKS FROM THIRD-PARTY SITES. CareComplete prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. CareComplete reserves the right to disable any unauthorized links or frames. CareComplete has no responsibility or liability for any material on other Web sites that may contain links to the Site.

12. LINKS TO THIRD-PARTY SITES; OTHER CONTENT; THIRD-PARTY SERVICES. The Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites. Third-party materials and links to other web sites are provided solely as a convenience to you. You acknowledge and agree that CareComplete is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party materials or web sites. CareComplete does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, third-party materials or web sites, or for any other materials, products, or services of third parties. You also agree that any third-party charges that are necessary to use the Site, such as internet charges and service provider charges, are your responsibility and not that of CareComplete. You understand that by using any of the third-party services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use such services at your sole risk and CareComplete shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. CARECOMPLETE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, INFORMATION OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER OF THE SITE AND ANY SUCH THIRD-PARTY PROVIDER.

13. NO WARRANTIES. CARECOMPLETE AND ITS LICENSORS MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SITE AND THE LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES). YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND THE LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES) IS AT YOUR OWN RISK. THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES) IS PROVIDED SOLELY ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. CARECOMPLETE AND ITS LICENSORS MAKE, AND YOU RECEIVE, NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE. CARECOMPLETE AND ITS LICENSORS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. NEITHER CARECOMPLETE NOR ITS LICENSORS WARRANTS THAT THE OPERATION OF THE SITE AND THE LICENSED APPLICATION (INCLUDING THE SOFTWARE AND SERVICES) SHALL BE UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER MALICIOUS CODE, ERROR FREE OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT. CARECOMPLETE AND ITS LICENSORS FURTHER DISCLAIM ANY WARRANTY THAT THE RESULTS OBTAINED THROUGH THE USE OF THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE OR SERVICES) WILL MEET YOUR NEEDS.

14. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL CARECOMPLETE OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLERY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, (I) LOSSES ARISING FROM THE USE OR THE INABILITY TO USE THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR THE SERVICES), (II) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (III) DAMAGES OR LOSSES RESULTING FROM YOU SHARING OR ALLOWING ACCESS TO YOUR AUTHENTICATION INFORMATION, OR (IV) LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR SERVICES) OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF CARECOMPLETE OR ITS LICENSORS HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. ACCESS TO PASSWORD-PROTECTED/SECURE AREAS. Access to and use of password-protected and/or secure areas of the Site is restricted to authorized individual users only for personal use or for official business purposes on behalf of your Organziation. Unauthorized access, including any access by Unauthorized Third Parties, to such areas is prohibited and may lead to criminal prosecution.

16. TERMINATION. The Site and/or access to the Software and Services may be discontinued, temporarily or permanently, by CareComplete at any time without notice to users. CareComplete shall not be liable to any Participant of the Organization or to any third party for any suspension or discontinuance of the Site, the Software or the Services. Your rights to access the Site and the Software shall terminate if you cease to be a Participant of the Organization. Upon termination of your access to the Site or Software, you shall cease use of the Site or Software.

17. CHANGES TO SERVICE AND TERMS. CareComplete is not responsible for any technical inaccuracies or typographical errors that may be contained in these Terms. CareComplete reserves the right to change these Terms in its sole discretion at any time. Any such changes to the Terms will become effective immediately upon being posted on the Site. You will be able to view the changed Terms by clicking or tapping on the link for Terms and Conditions and your continued use of the Site shall constitute acceptance of such changed terms. The Site and/or the Software and any Services may be modified, temporarily or permanently, by CareComplete at any time without notice to you. You agree that CareComplete shall not be liable to you or to any third party for any modification of the Site and/or the Software or the Services.

18. TRANSMISSIONS OF DATA. You acknowledge that transmissions to and from the Site could be read or intercepted by others. You acknowledge that by submitting communications through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and CareComplete other than pursuant to these Terms. The Site is hosted in the U.S. Data that you transmit through the Site may be accessed and/or processed by CareComplete, its affiliates or its trusted third-party vendors within the U.S. or outside the U.S. in connection with the provision of Services by CareComplete to the Organization. As a result, your data may be subject to the laws of such jurisdictions and may be accessible to the courts and law enforcement authorities in the U.S. or such other jurisdictions. By your use of the Site and your transmitting your personal information and other data, you consent to the use of your personal information and other data as required by CareComplete to provide these Services in accordance with the terms of CareComplete’s applicable service agreement with the Organization.

19. CONSENT TO USE OF DATA. You agree that CareComplete may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. CareComplete may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you or the Organization. In some circumstances, CareComplete may share information you voluntarily provide us, such as your email address, with trustworthy service providers.

20. GOVERNING LAW. THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF WASHINGTON, EXCLUDING ITS CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF WASHINGTON.

21. THIRD-PARTY BENEFICIARIES. CareComplete’s licensors and vendors shall be considered third-party beneficiaries of these terms for purposes of Sections 13 and 14.