Terms and Conditions
Last Updated: November 21, 2022
Thank you for your interest in CareSift. In this Terms and Conditions Agreement, the terms “CareSift,” “we,” “us,” and “our” refer to CareSift, LLC and the terms “you” and “your” refer to you as a user of our websites, mobile and other online applications and products and services (collectively, the “CareSift Sites”).
- General Provisions
- By using the CareSift Sites, you accept the terms of this Terms and Conditions Agreement. This is a legally binding agreement between you and CareSift; please read it carefully. When using the CareSift Sites, you may be subject to other posted terms and guidelines applicable to certain services available on or through the CareSift Sites. All terms and guidelines on the CareSift Sites are part of this Terms and Conditions Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the CareSift Sites are subject to this Terms and Conditions Agreement. Accessing the CareSift Sites in any manner, even through automated means, constitutes your use of the CareSift Sites and your agreement to be bound by this Terms and Conditions Agreement. CareSift may change the terms of this Terms and Conditions Agreement from time to time and will revise the effective date when it does so. Your continued use of the CareSift Sites after the posted effective date constitutes your agreement to be bound by this Terms and Conditions Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. CareSift may change, restrict access to, suspend, or discontinue the CareSift Sites, or any portion thereof.
- The material that appears on the CareSift Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the CareSift Sites may, from time to time, contain errors. The CareSift Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the CareSift Sites, and you should not rely on it without independent verification.
- We invite you to bring to our attention any materials or information on the CareSift Sites that you believe to be inaccurate. Please notify us using our Contact Us Page explaining any inaccuracies.
- Ownership and Permissions
- The CareSift Sites are provided to our end users for their personal, non-commercial use only. The materials on the CareSift Sites are the property of CareSift or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Terms and Conditions Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the CareSift Sites. You may not reproduce any material appearing on the CareSift Sites without the prior written consent of the owner of such materials. You may not store any portion of, nor distribute copies of, materials found on the CareSift Sites, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the CareSift Sites should be sent to our Customer Service Manager at info@caresift.com.
- You are free to establish a hypertext link to the CareSift Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by CareSift or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the CareSift Sites, nor incorporate into another website or service any intellectual property of CareSift or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Terms and Conditions Agreement should be sent to our Customer Service Manager, by using the email address above.
- CareSift and the CareSift logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the CareSift Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the CareSift Sites without the prior written consent of the owner of the mark.
- You acknowledge that by transmitting or posting any material on or through the CareSift Sites or CareSift emails, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright,
trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the CareSift Sites.
- User Content
- You assume total responsibility and risk for your use of any interactive areas of the CareSift Sites. You acknowledge that any of the user-generated content posted or transmitted through the CareSift Sites represents the views of the author, and not of CareSift. You also acknowledge that your use of or reliance on such content is at your own risk.
- When publishing anything to the CareSift Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
- You further agree that you will not attempt or do any of the following:
- interfere with or disrupt the CareSift Sites or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of the CareSift Sites, to accounts that belong to other users, or to computer systems or networks connected to the CareSift Sites;
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
- collect information about others without their consent;
- interfere with the use of the CareSift Sites by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on the CareSift Sites with any other persons.
- Without limiting any of CareSift’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the CareSift Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
- Although CareSift cannot monitor all of the listings and content posted to the CareSift Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Terms and Conditions Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Terms and Conditions Agreement, or to protect the rights, property or safety of visitors to the CareSift Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, CareSift takes no responsibility and assumes no liability for any content posted to the CareSift Sites by you or by third parties.
- DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- ARBITRATION AGREEMENT. YOU AND CARESIFT AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE TERMS AND CONDITIONS AGREEMENT, THE CARESIFT SITES, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
- CLASS ACTION WAIVER: YOU AND CARESIFT AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor CareSift may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or CareSift. To be clear, you and CareSift both waive any right to participate in any class action involving disputes between us.This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found
unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in the Terms and Conditions Agreement will remain in full force and effect. - ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and CareSift agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Terms and Conditions Agreement (including the limitations of liability set forth in this Agreement), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with CareSift. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
- ARBITRATION PROCEDURES: You and CareSift agree that your agreement may affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall be the overriding procedure.
- SURVIVAL: This arbitration agreement survives the termination of this Terms and Conditions Agreement between you and CareSift.
- Disclaimer of Warranties, Limitation of Liability, and Indemnification
- IF YOU RELY ON THE CARESIFT SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE CARESIFT SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE CARESIFT SITES. THE CARESIFT SITES ARE PROVIDED TO YOU “AS IS.” CARESIFT AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE CARESIFT SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE CARESIFT SITES). NOR DO WE OR THEY GUARANTEE THAT THE CARESIFT SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE CARESIFT SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARESIFT AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE CARESIFT SITES BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL CARESIFT OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE CARESIFT SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE CARESIFT SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CARESIFT AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE CARESIFT SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE CARESIFT SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE CARESIFT SITES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
- YOU AGREE TO INDEMNIFY CARESIFT AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE CARESIFT SITES OR ANY BREACH OF THIS TERMS AND CONDITIONS AGREEMENT.
- Notice of Copyright Infringement: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the CareSift Sites, please notify us by sending an email to info@caresift.com. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the CareSift Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
- Miscellaneous
- This Terms and Conditions Agreement has been made in, and will be construed in, accordance with the laws of the State of Virginia, without regard to its choice of laws/rules.
- Please report any violations of this Terms and Conditions Agreement to our Contact Page.
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