Your use of TeleCare-Connect Services is subject to these Terms and Conditions (“Agreement”). By using the Services, you agree that you have read and understand this Agreement, and that your use of the TeleCare-Connect platform shall conform to this Agreement. If you register with us for additional Services, this Agreement shall include and incorporate additional terms specific to the additional Services. The additional terms will be presented to you for your acceptance at the time of your registration for those additional Services. We reserve the right to change this Agreement. See the Section titled “Changes to Agreement and Services” below for details.
Member Account, Password, and Security
In this Agreement “you” refers to the individual, company or legal entity that registers to become a user of the TeleCare-Connect platform. Each practice group shall have a group administrator (“Administrator”). The Administrator shall be the individual who initially registers the practice group or entity with TeleCare-Connect. The Administrator shall designate a group password upon completing TeleCare-Connect’s initial registration process. The Administrator shall have the authority to enable, disable and change the group password and group member user IDs and passwords. You will designate a user ID and user password upon completing TeleCare-Connect’s user registration process. You are responsible for maintaining the confidentiality of the user ID and user password and are fully responsible for all activities that occur under your user ID or user password. You agree that you are responsible for ensuring that all authorized persons maintain the confidentiality of their user IDs and passwords, as designated by you, and you are fully responsible for all activities that your authorized persons, including the Administrator, conduct. You agree to immediately notify TeleCare-Connect of any unauthorized use of your ID or passwords or any other breaches of security. You agree that you and other persons who you authorize to access your information through the Services shall keep your passwords secure, protected, and confidential, and shall not publicly display the passwords. You agree to ensure that you exit from your account at the end of each session. TeleCare-Connect cannot and will not be liable for any loss or damage arising from your failure to do so. You also agree that all information you provide in registration or otherwise is true, accurate and complete. We reserve the right to refuse service or subscription to any person or entity for any reason or for no reason whatsoever.
Through use of the TeleCare-Connect Services, you may disclose to TeleCare-Connect information that is confidential and otherwise proprietary (“Your Confidential Information”). TeleCare-Connect agrees that Your Confidential Information may be disclosed only to those TeleCare-Connect employees, third-party consultants and subcontractors with a need to know Your Confidential Information, solely for the purposes of TeleCare-Connect performing services and only to the extent necessary for such purpose. The foregoing prohibition on disclosure of Your Confidential Information shall not apply to the extent Your Confidential Information is required to be disclosed by TeleCare-Connect as a matter of law or by order of a court.
Compliance with Laws/Consents
You are responsible for compliance with all applicable federal and state laws in connection with your use, and use by those persons authorized by you, of the Services. You agree that you shall obtain all required consents and approvals that may be required by law or otherwise from your customers, clients, patients and any other third parties who may be affected by, or may need to consent to, your use of the Services.
Pricing for the Services shall be as established by TeleCare-Connect from time to time. Pricing shall be subject to change upon thirty (30) days’ email notice to you or your Administrator by TeleCare-Connect.
Proprietary Rights of TeleCare-Connect
TeleCare-Connect has expended substantial time, effort, and funds to create TeleCare-Connect and the Services. You acknowledge and agree that TeleCare-Connect or its affiliates exclusively owns or has been licensed by third parties to use all rights, title and interest in the Services and the information, data, databases, images, sound recordings, audio and visual clips and other content (collectively, “Content”) provided by TeleCare-Connect. Content does not include Your Confidential Information. You shall not remove or modify any copyright or other notice placed on TeleCare-Connect Content. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from TeleCare-Connect or any other web site owned or operated by TeleCare-Connect without the prior written permission of TeleCare-Connect. However, you may download or make one copy of TeleCare-Connect Content displayed on the site, for internal business use only, provided all copyright and other notices contained in the Content are left intact. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of TeleCare-Connect’s copyrights and other proprietary rights. Use of the Content on any other web site or other networked computer environment is prohibited without prior written permission from TeleCare-Connect.
Special Conditions for International Use and Exports
TeleCare-Connect makes no representations that the Services are appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. You access TeleCare-Connect and the Services on your own initiative and are responsible for compliance with applicable local laws and regulations. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to TeleCare-Connect any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. This assurance and commitment shall survive termination of this Agreement. Offices, residents, and operations of your organization in Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria are not permitted to access and use the Services or TeleCare-Connect, and any such access and use is a violation of this Agreement.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Certain links are provided which may lead to websites maintained by third parties over which we have no control. We take no responsibility for the accuracy, content or any aspect of that material and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against TeleCare-Connect arising from or based on your purchase or use of products or services through those other sites. Links do not imply that TeleCare-Connect sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of TeleCare-Connect or any of its affiliates.
It is up to you to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items.
Consent to Electronic Communications and Email Solicitation
You agree that we may provide you with information and other materials regarding products, services, and other offers from time to time. Such solicitations may take the form of materials mailed to you, telephone calls, email messages, or other means. Solicitations will be made to the addresses and numbers provided to us in the registration process. If you desire not to receive such solicitations, you may notify us at [email protected]
Electronic Mail Security
You acknowledge that the transmission and receipt of electronic mail transmissions over the Internet is dependent upon many factors outside the control of TeleCare-Connect. In particular, you acknowledge that electronic mail messages sent and received by you in connection with the TeleCare-Connect service are being sent via a non-secure method, and that TeleCare-Connect shall have no responsibility for the security of any information transmitted or received by you in such electronic mail messages, including any unauthorized access to or alteration of any data or other information contained in or attached to such messages.
Term of Agreement
This Agreement remains in effect until terminated by you or TeleCare-Connect. You may terminate this Agreement upon our receipt of your notice via email to TeleCare-Connect at [email protected], and our disabling of your passwords and IDs. If you are unsatisfied with the Services provided through TeleCare-Connect, your sole remedy is to terminate this Agreement. We may terminate this Agreement, in whole or with respect to a particular Service, with or without cause, at any time immediately upon notice posted at TeleCare-Connect. We may notify you of termination of the Agreement via email or other written notice to the address you provide to us in the registration process. Upon termination, TeleCare-Connect shall immediately cease provision of Services; provided, that if you are current in your payment of fees and charges to TeleCare-Connect, TeleCare-Connect shall complete transcription of all dictation provided prior to the termination date. TeleCare-Connect shall maintain your files for a period of thirty (30) days post termination. During this thirty day post termination period, you may download your files at no cost. No other Services shall be provided by TeleCare-Connect post termination. Once the thirty day post termination period expires, TeleCare-Connect shall disable your passwords and IDs, and TeleCare-Connect shall have no further obligation to retain your files. Except as expressly permitted in this Agreement, after the termination of this Agreement or a Service, you are not authorized to access or use the Service, and you shall cease all such access and use. If you nonetheless access or use the Service in spite of termination of the Agreement or Service, your use of or access to the Service will be subject to the version of the Agreement then in effect as to all current users.
Changes to Agreement and Services
We may make changes to this Agreement at any time. Your continued use of the Services indicates your continued consent to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you. If you have registered with us and provided us with an email address, we may provide you with notice informing you that this Agreement has changed, but such notice shall be for convenience only and shall not be required to effectuate the changes. You agree to check the Services, your mail and/or email on a regular basis to receive important and timely notices from us. TeleCare-Connect may also make changes to the Services and site, including discontinuing any Service or Content, or otherwise restricting access and use. We reserve the right to do so without prior notice to you. TeleCare-Connect reserves the right to change or add any fees or charges for access or use of TeleCare-Connect or any of the Services at any time effective upon ten (10) days’ prior notice.
You agree to indemnify and hold TeleCare-Connect, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content, data or information you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, or your violation of any rights of another. We reserve, and you grant us, the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you. This Section shall survive termination of this Agreement.
All Services shall be performed by TeleCare-Connect in a professional manner. Upon written notice from you describing errors in the Services provided by TeleCare-Connect, TeleCare-Connect’s sole obligation, and your sole remedy, shall be for TeleCare-Connect to re-perform the Services and to use reasonable efforts to attempt to correct the errors within a reasonable timeframe. Notice of errors must be delivered to TeleCare-Connect in writing within ten (10) days of the date that TeleCare-Connect makes the content available to view on the TeleCare-Connect site. TeleCare-Connect shall only be responsible under this limited warranty to the extent the errors are caused solely by TeleCare-Connect.
No Warranties/Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, TELECARE-CONNECT AND THE SERVICES ARE PROVIDED ON AN “AS IS ,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER TELECARE-CONNECT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER SUPPLIERS MAKES ANY WARRANTIES OR GUARANTEES WITH RESPECT TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TELECARE-CONNECT AND SUCH PERSONS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OF OR RELIANCE ON THE SERVICE OR CONTENT, (II) TELECARE-CONNECT’S PERFORMANCE OF ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (III) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH TELECARE-CONNECT. TELECARE-CONNECT DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR CONTENT WILL BE FREE FROM ERRORS OR WILL BE AVAILABLE. IN NO EVENT WILL TELECARE-CONNECT AND ITS AFFILIATED COMPANIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHER SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of TeleCare-Connect, its affiliates and their officers, directors, employees, agents, contractors or other suppliers shall be limited in accordance with this Agreement to the extent permitted by law. TeleCare-Connect, its affiliates and their officers, directors, employees, agents, contractors, or other suppliers shall not be liable for any loss, cost or damage due to causes beyond their control. You understand that TeleCare-Connect accepts no responsibility for the security of information on the Internet.
Without limiting any of the foregoing, if TeleCare-Connect, its affiliates or any of their officers, directors, employees, agents, contractors or other suppliers is found liable to you for any claims or matters arising under or in connection with this Agreement, TeleCare-Connect and such parties’ aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed $10,000.
TeleCare-Connect’s Distribution of Third-Party Content
TeleCare-Connect does not exercise editorial control over third-party content provided, uploaded, published, or distributed by users and other participants in TeleCare-Connect. In other words, TeleCare-Connect is merely a distributor, not a publisher, of such content. Such content may contain the views, opinions, statements, offers, and other material of the respective users, suppliers, participants, or authors. TeleCare-Connect does not endorse, is not responsible for, and makes no representations or warranties regarding, such content or its accuracy, supplier ability or fitness for any particular purpose, and TeleCare-Connect shall not be liable for any economic harm resulting from or in connection with reliance on any such content. In addition, TeleCare-Connect shall not be a party to, or liable in any way for any economic harm associated with, any transaction between our users and any other user or participant in TeleCare-Connect. Any products or services offered or sold on or through TeleCare-Connect by any person other than TeleCare-Connect are offered or sold subject to terms and conditions solely between our users and such other person or supplier.
This Agreement represents your entire agreement with TeleCare-Connect with respect to your access and use of TeleCare-Connect and the Services. This Agreement does not confer any rights, remedies, or benefits upon any person other than you and TeleCare-Connect. This Agreement may only be amended by a written or electronic form duly accepted and agreed to by TeleCare-Connect and you, or in the manner described in the Section “Changes to Agreement and Services” above. You may not assign this Agreement without the prior written consent of TeleCare-Connect. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of the State of Florida, without regard to conflicts of laws, and the Federal law of the United States.