Terms of Service

Please read these Terms of Service, also referred to as "Terms", carefully as they form a legally binding agreement between you, the user, and CarePage, Inc., along with our corporate affiliates, collectively known as "CarePage", "We", "Our" or "Us" Be aware that Section 14 of these Terms includes a mandatory arbitration provision that mandates arbitration as the sole method of resolving certain disputes and limits the remedies available to you.

These Terms govern all access to and use of the services we offer, referred to collectively as the "Services"; these include but are not limited to: the CarePage website; the CarePage Platform API, which encompasses application programming interfaces, access or security tokens, scripts, code snippets, tools, instructions, documentation, and other related materials; the CarePage Dashboard at care.page/dashboard; and any other services operated by CarePage that are linked to these Terms.

By using any of our Services, clicking "Agree & Continue" or simply by accessing or using the Services, you confirm that you have read, understood, and consent to be bound by these Terms. If you disagree with any part of the Terms, including the mandatory arbitration provision found in Section 14, you must not use the Services.

1. Introduction to Services

The Terms outline your rights and obligations regarding the use of the Services (described above) for any purpose. Your use of the Services is conditioned upon your acceptance of these Terms and adherence to all applicable laws and regulations. It is important to understand that even if you accessed our Services through a third-party website or application, your agreement is directly with CarePage. We continuously develop our Services and reserve the right to modify these Terms at any point at our sole discretion. When changes are made, we will notify you by email, through the Services, or by updating the "Last Updated" date at the start of these Terms. Regularly reviewing these Terms is advised to ensure you remain informed of any changes, which will take effect once posted. If you do not agree with the Terms at any time, your exclusive remedy is to discontinue using the Services. Continued use after changes have been posted means you accept those changes. If you do not agree to the revised Terms, you should not access or use the Services. All Services are provided "as is" and "as available" without any warranties of any kind. CarePage disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CarePage does not guarantee that the Services will be error-free or uninterrupted, or that defects will be corrected.

2. System Requirements and Costs

To use the Services, you need compatible computers or mobile devices, internet access, and specific required software. Be aware that using the mobile services and the internet may incur fees and data charges.

3. Privacy Policy

CarePage recognizes the critical importance of maintaining the confidentiality and privacy of your personal information. For a comprehensive explanation of our practices concerning the collection, use, and sharing of your personal information, please refer to the Privacy Policy.

4. Your Relationship with CarePage; Healthcare Platform and Communications Consent

CarePage, Inc. serves as a platform to connect you with healthcare providers who may offer medical services online. While CarePage facilitates these connections, the actual healthcare services are provided by independent healthcare providers, not by CarePage, Inc. It is important to understand that the health and wellness resources available on our platform are for informational purposes and are not a substitute for professional medical advice or in-person healthcare services. Any decisions regarding your health and treatment options should be made in consultation with a healthcare provider. Using the Services does not create a direct provider-patient relationship with CarePage, Inc. By accepting our Terms of Service, you also consent to receive various forms of communication from CarePage, such as disclosures, notices, messages, and reports. You are responsible for monitoring these communications. Please be aware that these electronic communications will fulfill any legal requirements akin to written communication. For your records, you should print or save copies of these communications. CarePage will not be liable for any loss, injury, or claim that may arise from your failure to review these communications or from not adhering to the advice or recommendations contained within them.

5. Your Account and Security

For certain features of the Services, you may be required to register for an account by setting up a password and providing your name, email address, phone number, and other personal information. Upon registering, it is crucial to provide accurate details and to promptly update such information should any changes occur. Securing your account is your responsibility, and you must alert us immediately if you detect or suspect any unauthorized access to your account. Should you allow others to use your account credentials, you will be held accountable for any actions taken by those users with your account.

6. User Access and Usage Restrictions

Upon your agreement to these Terms of Service, we grant you a personal, limited, revocable, non-exclusive, and nontransferable right to access and use the Services within the United States for your personal and non-commercial use, strictly in accordance with these Terms. No additional rights are provided, and CarePage or its licensors reserve all rights not explicitly granted. We may, at our discretion, restrict or terminate your access to the Services for any reason. You are prohibited from engaging in the following: impersonating or falsely representing your affiliation with any person or entity; violating any laws through the use of the Services; reverse engineering or altering any software or components of the Services; distributing harmful computer code; infringing on any rights of third parties; unauthorized selling or commercializing of the Services; damaging or impairing the Services; unauthorized access to our network; circumventing our security measures; improperly using or copying any content from the Services; or any other use that exceeds the granted access. You are also prohibited from assisting others in these actions.

7. Intellectual Property and Content Ownership.

CarePage retains sole and exclusive ownership of all rights, titles, and interests in the Services, including but not limited to all content, features, functionalities, software, text, displays, images, video, audio, design, arrangement, and the overall "look and feel", as well as all intellectual property rights contained therein. This also extends to any suggestions, ideas, or feedback you provide. Except for normal service use as allowed by these Terms of Service, you may not reproduce, publish, distribute, modify, create derivative works from, publicly display, perform, republish, download, store, transmit, sell, or in any way exploit any of the materials from our Services. Any form of duplication or derivative work shall remain the exclusive property of CarePage or its licensors, along with all associated intellectual property rights. Commercial use of any part of the Services without permission is strictly prohibited.

8. Trademark Information

Certain names, logos, and other materials that appear within the Services may be trademarks, trade names, service marks, or logos (collectively referred to as "Marks") belonging to CarePage or its affiliates. The use of any of these Marks is strictly prohibited without the express written consent of CarePage. All rights to these Marks, as well as any associated goodwill, remain with CarePage or its affiliates.

9. External Links and Third-Party Websites

Our Services may include hyperlinks or references to other websites and mobile applications, known as "Linked Sites", which are operated by third parties. Since these Linked Sites are not under our control, we are not responsible for their content, nor for the information, products, or services they provide. These links are offered solely for your convenience and do not imply our endorsement, sponsorship, or recommendation. When you use these Linked Sites, you do so at your own risk, and we accept no liability for any harm or loss that may arise from your use of or reliance on them. If you accessed our Services via a Linked Site, even one associated with CarePage, understand that our Terms of Service govern your use of our Services and not the content of those third-party sites.

10. Termination of Services

The Terms of Service are effective for as long as you access or use the Services. You can terminate your agreement to these Terms at any time by ceasing to use the Services. If you breach any of these Terms, your right to use the Services is automatically revoked.

CarePage has the authority to terminate or suspend your rights under these Terms and your access to the Services at any time and for any reason, with or without notice. Certain provisions, such as Disclaimer of Warranties/Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions, No Waiver, and Assignment, will survive the termination of these Terms for any reason.

In compliance with applicable law, CarePage may retain, delete, or destroy any communications and materials you post or upload to the Services in line with our internal policies. Upon termination, CarePage is under no obligation to maintain or provide the Services.

11. Disclaimer of Warranties/Limitation of Liability

By utilizing the Services, you accept that their use is at your own risk and that they are provided on an "AS IS" and "AS AVAILABLE" basis. CarePage, along with its affiliates and their respective personnel, explicitly disclaim all warranties, either express or implied, in connection with the Services. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and the absence of harmful components such as viruses or malware. CarePage is not liable for any losses or damages resulting from your reliance on the Services. You are responsible for evaluating the quality and reliability of the Services. CarePage does not warrant that the Services will be uninterrupted, error-free, or immune from cyber attacks, and we will not be liable for any such incidents. The maximum liability of CarePage and its personnel for any issues arising from your use of the Services will not exceed the greater of $50 USD or the amount you have paid for the Services in the one month preceding the event giving rise to the claim. This limitation applies even if previous remedies do not fully compensate for any losses or fail in their essential purpose, and it establishes our maximum obligation to you, whether the claim is based in contract, tort, or any other legal theory.

12. Indemnification Agreement

You agree to indemnify, defend, and hold harmless CarePage and its affiliates, officers, directors, employees, and agents from any third-party claims, actions, demands, damages, or costs, including reasonable legal fees, arising from or related to your improper use of the Services, any fraudulent activities, violations of law, willful misconduct, or breaches of these Terms of Service.

13. Service Modifications Clause

CarePage reserves the right to alter, pause, or cease the Services or any part of them at any time and for any reason, with or without prior notice. You acknowledge that CarePage is not liable to you or any third party for any changes, suspensions, or interruptions to the Services.

14. Governing Law; Legal Disputes and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY AS IT IMPACTS YOUR RIGHTS. BY USING THE SERVICES, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY. EXCEPT FOR DISPUTES THAT MAY BE BROUGHT IN SMALL CLAIMS COURT OR DISPUTES SEEKING INJUNCTIVE RELIEF FOR INTELLECTUAL PROPERTY INFRINGEMENT, YOU AND CAREPAGE WAIVE YOUR RIGHTS TO LITIGATE IN COURT AND TO A JURY TRIAL. All disputes will be arbitrated on an individual basis before the American Arbitration Association (AAA) under its rules, and not on a class-action or collective basis. The arbitration shall occur in Orange County, California, with related costs shared in accordance with AAA rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. THE USE OF THE SERVICES AND THESE TERMS ARE GOVERNED BY THE FEDERAL ARBITRATION ACT. Disputes must be filed within ONE (1) YEAR after the cause of action accrues; otherwise, they are permanently barred. These Terms and the use of the Services are governed by the laws of the State of California. If any part of these Terms is found to be unenforceable, that part will be amended to achieve as closely as possible the same effect as originally drafted, and the remaining provisions will remain in full force. Section headings are provided for convenience only.

15. Waiver Clause

CAREPAGE'S FAILURE TO ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS OF SERVICE WILL NOT CONSTITUTE A WAIVER OF FUTURE ENFORCEMENT OF THAT RIGHT OR PROVISION. THE WAIVER OF ANY SUCH RIGHT OR PROVISION WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF CAREPAGE. EXCEPT AS EXPRESSLY SET FORTH IN SUCH A WRITTEN WAIVER, NO WAIVER BY CAREPAGE OF ANY TERM OR CONDITION SET FORTH IN THESE TERMS OF SERVICE SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR CONDITION OR A WAIVER OF ANY OTHER TERM OR CONDITION.

16. Agency Relationship Disclaimer

The Terms of Service, along with any content, materials, or features of the Services, do not establish any form of partnership, joint venture, employment, or agency relationship between you and CarePage. You are not authorized to make any commitments or enter into contracts on behalf of CarePage, nor can you bind CarePage in any way.

17. Remedies for Violations

You acknowledge that any breach or threatened breach of these Terms of Service may cause irreparable harm to CarePage, for which monetary damages would be inadequate, and you agree to injunctive or other equitable relief as a remedy for such violations. This is in addition to any other remedies that may be available to CarePage under law or in equity.

18. Assignment of Rights

You are not permitted to transfer any of your rights under these Terms of Service to anyone else. Any attempt to do so is considered invalid and without effect. CarePage, or any entities affiliated with CarePage, retain the right to transfer all contractual rights and obligations under these Terms of Service at their discretion, without requiring further consent or notice to you, especially in the event that CarePage undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets.

19. Changes to the Terms of Service

CarePage reserves the right to update or modify these Terms of Service at any time. Changes to the Terms will become effective immediately upon posting to our Services, and continued use of the Services after such changes will constitute your consent to the new Terms. We will endeavor to notify you of these changes through our Services or via email but it remains your responsibility to review the Terms periodically for any updates.

20. Legal Contact Information

If you have any questions about these Terms of Service or the Services, please contact CarePage by email at legal@care.page.