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.