“Authorized User” refers to any individual or entity (including without limitation, any Care Recipient, Provider or Wisdom Caregiver) whom you authorize to receive a User ID (as defined below) in order to access, use and/or upload information to your Care Circle Account. Any references to “you” and “your” in these Terms of Service shall be construed as including Authorized Users, based on the context and nature of the provision contained herein. Each Subscriber will be responsible and liable for all acts and omissions of his or her Authorized Users in connection with their use of the Services and compliance with the underlying Subscription.
Read these Terms of Service carefully in their entirety as they limit our potential liability to you and restrict your ability to bring actions against us in connection with your use of these services. It is your responsibility to review these Terms of Service periodically.
CCA reserves the right, in our sole discretion, to modify or replace these Terms of Service by posting a subsequent version on the Website or your Care Circle Account. If at any time you find these Terms of Service unacceptable or if you do not agree to these Terms of Service, please do not use the Website or any of the Services.
“Care Circle Account” is the personal account created by you in connection with your paid Subscription to the CCA Platform.
“CCA Platform” is the care management platform for which you may obtain a paid Subscription to use in connection with your Care Circle Account.
“Care Recipient” is a minor child or other individual over whom a Subscriber has legal authority or who has consented to the Subscriber’s caregiving and opening of a Care Circle Account on his or her behalf.
“Content” includes without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available on or through the Services, with the exception of your User Generated Content.
“PHR” means Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share health information. As a Subscriber, your Care Circle Account features a PHR, referred to herein as your “CCA PHR.”
“PHR Data” means information you provide and/or authorize all or some of your Authorized Users (in accordance with your elections) to upload to your CCA PHR. Any information in your CCA PHR is considered PHR Data. PHR Data might include, but is not limited to, the following:
- Your name and contact information, such as your address, phone number, or email address
- Your medical history, conditions, treatments, and medications
- Your healthcare claims, health plan account numbers, bills, and insurance information
- Demographic information, such as your age, gender, ethnicity, and occupation
- Computer information, such as your IP address and “cookie” preferences
- Personal Information
“Personal Information” means information about you that reasonably can be linked to you such as your name, health information, and other identifiers. Personal Information may also include, but is not limited to, PHR Data, financial information or social security number.
“Provider” means a provider of Third Party Services, such as products, services or resources
“Security Measures” may include computer safeguards, secured files, and employee security training. In addition, we may be required by law to notify you about particular data breaches.
“Third Party Services” are websites, services and Providers available on the Internet that are operated and controlled by organizations other than CCA, but may be linked to the CCA website. Your Wisdom Caregiver may assist you with navigating the Website to access the third party services.
“User Generated Content” is content that a Subscriber or Authorized User generates, and may include visual images, messages, posts, PHR Data, and Personal Information.
“Wisdom Caregiver” is a person that supports and assists one or more Subscribers in using the Services and with whom CCA has contracted to facilitate in the provision of Services to Subscribers.
By using the Website or any of the Services offered thereon in any manner, and subject to payment of any applicable Subscription fee(s), you receive a limited, non-exclusive and non- transferable, personal, non-commercial license to use from within the United States the features and functionality that then are made available to you through the Services, in accordance with these Terms of Service (as may be amended from time to time).
1. Privacy and Security
2. Use of the Services and Subscriptions
2.1 Only persons in the United States who are 18 years of age or older are authorized to use the Service.
2.2 To create a Care Circle Account, you must be a Subscriber. If you are a Subscriber, you will be required to provide certain Personal Information and agree to provide only current and accurate information when creating and using your Care Circle Account. You will also designate a Secondary Caregiver who would succeed to the status of Subscriber in the event of your death or incapacity to act as the caregiver of the Care Recipient. You will be required to establish a user ID (“User ID”) and password for your Care Circle Account. You should not share your User ID or password information with anyone, and you should take precautions to protect that information from discovery by others. As between you and CCA, you agree that you are responsible for all activity that occurs through use of your Care Circle Account, and you agree to notify CCA immediately of any unauthorized use of your Care Circle Account password or your Care Circle Account that you discover. To notify us of such unauthorized use, contact us at firstname.lastname@example.org, to report the incident.
3. Third Party Services
The CCA Platform may permit you to link to other websites, services or resources or Providers of Third Party Services, and you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, refund policies or warranties or any other aspect of such Third Party Services. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You are responsible for viewing and abiding by the terms and conditions of use and the privacy, refund, and warranty policies of any such Third Party Service. It also is your responsibility to review and assess the secure nature of your connection to any such Third Party Service. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such Third Party Service.
4.1 Subject to these Terms of Service, we grant you a worldwide, non-exclusive non- sub-licensable and non-transferable limited right to access and use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any of our Content, as identified in the Website or Services, for any purpose other than the use of the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
4.2 The Services may contain Content specifically provided by Providers, or us and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all legal notices, information, and restrictions contained in any Content accessed through the Services.
4.3 We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right, but do not have any obligation, (i) to remove, edit or modify the Services and/or any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services and/or Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (ii) to remove or block any Content or User Generated Content from the Services.
5. Restrictions; No Unlawful Activities or Unauthorized Uses
5.1 CCA grants you a limited license to access and use the Services subject to and in accordance with these Terms of Service. Any commercial use of the Services is expressly prohibited.
5.2 You agree not to use the Services for any illegal or harassing activities, and you agree to comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, when using the Services.
5.3 You agree not to use or attempt to use the Services to access any Third-Party Web Site or Care Circle Account for which you are not the properly registered Subscriber or an Authorized User.
5.4 You agree not to engage in any activity intended to disable or interfere with the operation of the Services or CCA Servers.
5.5 You agree not to disassemble, decompile or reverse engineer any software that is a part of the Services except to the extent such activity is expressly permitted by applicable law. Direct or indirect reproduction of the Services, its functions and Content, in whole or in part, by any means, is prohibited without our express written consent, except as expressly permitted herein or as accomplished through use of the Services themselves.
5.6 You also agree that you will not remove, obscure or alter any proprietary rights notices, including trademark, service mark and copyright notices, that appear on the Website or when using the Services.
5.7 You are responsible for your own activities and User Generated Content on the Website or via the Services, and you are responsible for the consequences of such activities and User Generated Content. You must not, and by using or accessing the Website or the Services, you agree not to do any of the following things:
- Post or submit any incomplete, false or inaccurate personal information or information which is in any other manner untrue or incorrect or which you are not authorized to disclose.
- Post or submit content that is subject to copyright protection, unless you are the copyright owner or have the permission of the copyright owner to post it.
- Post or submit content that reveals trade secrets or proprietary or confidential information, unless you are the owner or have the owner’s agreement to comply with these terms and conditions.
- Post or submit content that infringes any intellectual property rights of others or the privacy or publicity rights of others.
- Post or submit content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Subscriber, Authorized User, Provider, CCA, or any other person or entity.
- Post or submit any type of inappropriate and/or sexually-explicit language or content.
- Post or submit any content that is inappropriate for a minor child or that seeks to establish any meeting with such minor child, unless the Care Recipient of your Care Circle is a minor and you are the Subscriber or an authorized User permitted to do so.
- Post or submit solicitations of business, advertising, chain letters or pyramid or unlawful schemes or impersonate another person or entity.
5.8 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) protect the rights, property or safety of us, our users and the public; (vi) improve our Services or (vii) remove any User Generated Content that violates the Terms of Service.
6. Sharing of Data and Information through Your Care Circle Account
6.1 When registering for and when using your Care Circle Account, you will provide Personal Information about yourself and/or your Care Recipient who is receiving care, including PHR Data, which then will be stored on CCA Servers. You will designate an Authorized User in your Care Circle to be a successor Subscriber in the event of your death or incapacity who may become a successor administrator of your Care Circle Account. You must have legal authority or have obtained authorization from the Care Recipient in order to share his or her data and information with CCA and other Authorized Users.
6.2 To take full advantage of your Care Circle Account, you are able to invite Authorized Users (collectively, your “Care Circle”) to share access to certain aspects of your Care Circle Account. If you provide information needed to add an Authorized User, you represent and warrant that the information is correct and you are authorized to provide the information to CCA. You will indemnify us for any breach of this warranty and representation. Each Authorized User will be assigned a User ID. You acknowledge and agree that each User ID may only be used by the Authorized User to whom we assign it and may not be shared with or used by any other person, including another Authorized User.
6.3 You are able to control each Authorized User’s access to your Care Circle Account, as well as the information and data available to each Authorized User, through your Account settings. You also may authorize or restrict each Authorized User’s use of your Care Circle Account, including the right to upload information and/or communicate with other Authorized Users. You understand and acknowledge that you are solely responsible for all aspects of your Care Circle Account, including the information you elect to make available to each designated Authorized User. The use of such features, whether by you or by any other person as long as your Care Circle Account username and password were used, constitutes your authorization for the person or entity sending data and information to CCA Servers to make that transfer and disclosure of information.
6.4 When using the Services, you also will have the ability to distribute and disseminate User Generated Content. Such disclosures and transfers of User Generated Content, as well as the access to your Care Circle Account, are under your control, and you assume all responsibility for and all risk that might be associated with such disclosures and transfers. While you may elect to set alerts for Authorized Users in your Care Circle, any modifications to your CCA PHR are not automatically communicated to Providers or any third party source. If you want a Provider or Authorized User to know of changes to your User Generate Content, including CCA PHR, you must set the appropriate alerts for your Authorized Users or otherwise inform the Authorized User of such changes. The utilization of any feature of the Services that involves the disclosure or transfer of data and information from CCA Servers, whether by you or by any other person as long as your Care Circle Account username and password were used, constitutes your authorization for CCA to make that transfer and disclosure of information.
6.5 Your use of the Services is voluntary and the ability to transfer data and information as just described is offered for your convenience to make the Services a more useful and effective mechanism to access, manage, organize, store and distribute the Care Recipient’s PHR Data and other information as you deem appropriate.
6.6 WITH REGARD TO ANY ELECTRONIC TRANSFER OF DATA OR INFORMATION BETWEEN CCA SERVERS AND ANY AUTHORIZED USER THAT IS INITIATED OR AUTHORIZED THROUGH YOUR CARE CIRCLE ACCOUNT, YOU AGREE THAT YOU FOREVER WAIVE ALL CLAIMS AND ACTIONS OF ANY KIND AGAINST CCA AND THE AUTHORIZED USER FROM WHICH SUCH TRANSFER IS MADE IF SUCH CLAIM OR ACTION RELIES OR DEPENDS ON AN ASSERTION THAT THE TRANSFER WAS NOT AUTHORIZED BY YOU OR THAT THE TRANSFER VIOLATED ANY LAW OR REGULATION PERTAINING TO THE PROTECTION AND PRIVACY OF THE DATA OR INFORMATION THAT WAS TRANSFERRED. You further agree that Authorized Users from which such transfers are made are intended third-party beneficiaries of this agreement and are entitled to enforce this waiver of claims.
6.7 With regard to any transfer of data or information to or from CCA Servers over the Internet, you acknowledge that although CCA uses data integrity and secure Internet connection technology that are generally regarded to be reliable, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the features of the Services that involve the transfer of data and information over the Internet, such data and information will be transmitted over a medium that is beyond the control of CCA, its contractors and agents. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR CCA SERVERS. 6.8. Upon termination of your Care Circle Account in the event of a Subscriber’s death or incapacity, we will make your Subscription available without charge for a period of 90 days from the date we receive notice of the death or incapacity to permit a successor Authorized User who is in the Care Circle to assume the account and become a Subscriber, or to retrieve such PHR Data and Personal Information. It is your responsibility to designate an Authorized User as a successor caregiver when you open the account. After the 90 day period we may destroy and delete the User Generated Content in the Care Circle Account.
7. Warranty Disclaimers
7.1 CCA provides the Services to you for your convenience and without warranty of any kind. Accordingly, you acknowledge and agree that CCA is not responsible in any way for the completeness or accuracy of any data or information made available to you through the Services, or for any medical advice or medical implications that may be contained in or result from such Content. CCA does not warrant any Product or Service of a Provider. CCA is not a health care provider and provides no healthcare services or advice.
8. Limitation of CCA’s Liability
8.1 EXCEPT AS EXPRESSLY PROVIDED BELOW, IN NO EVENT SHALL CCA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PROVIDERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO CCA’S OPERATION OF THE SERVICES, YOUR USE OF THE SERVICES OR THIS AGREEMENT. IN NO EVENT SHALL CCA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY) IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE WEBSITE, THE SERVICES, THE CONTENT, AND/OR YOUR USE THEREOF (INCLUDING, WITHOUT LIMITATION, ANY BUG, VIRUS, TROJAN HORSE, OR THE LIKE, REGARDLESS OF ORIGINATION). THE LIMITATIONS ON CCA’S LIABILITY EXPLICITLY APPLY TO CLAIMS BASED UPON ALLEGED NEGLIGENCE BY CCA. THE LIMITATIONS ON LIABILITY ALSO APPLY REGARDLESS OF WHETHER CCA HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.
8.2 The only damages recoverable by you are direct damages up to the lesser of (i) the amount of money you have paid CCA for your Subscription in the twelve (12) months preceding the event giving rise to direct damages, or (ii) Five Hundred Dollars ($500). The limitations on CCA’s liability to you contained in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.
8.3 Some applicable laws might impose restrictions regarding the extent to which certain warranties may be disclaimed or to which certain damages may be limited in some circumstances. Accordingly, some of the warranty disclaimers and liability limits set forth above may not apply to you. You agree nonetheless that all such disclaimers as are permitted by applicable law shall apply to you, and that CCA’s liability to you shall be limited to the maximum extent permitted by applicable law.
9. Indemnification of CCA by You
You agree to indemnify, defend and hold harmless us, our affiliates and subsidiaries, and each of their officers, directors, employees, agents, suppliers, licensors, Providers, successors and assigns from and against all claims, losses, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating to: (a) your access, use or misuse of the Services; (b) any breach of the terms of this Agreement including, but not limited to, failure to obtain the appropriate authorizations from the Care Recipient or authorized Users to provide any information about them to CCA; (c) your failure to comply with any and all applicable laws, orders, codes and regulations, including, without limitation all privacy laws, in connection with your use of the Services; (d) any infringement of third party rights caused by any data, information or content you provide or transmit or that is provided or transmitted using your Care Circle Account; (e) and misrepresentation to CCA, including, but not limited to, those related to your representation that you have appropriate authorization or legal authority from the Care Recipient or authorized Users to provide any information about them to CCA; and (f) any access to or use of your Care Circle Account using your account information or the account information of any Authorized User in your Circle of Care.
10. CCA’s Right to Change or Discontinue the Services, or Your Use Thereof
You agree that at any time CCA, in its sole discretion and without limitation or prior notice to you, may cease providing the Services or make any changes CCA chooses to the features and functionality available through the Services. You also agree that CCA may terminate your access to the Services and your Care Circle Account without prior notice to you for any reason that we deem warrants such action, including your breach of any provision of this agreement.
11. Your Right to Discontinue Use of the Services.
12. Refund Policy
12.2 CCA has no authority or control over the refund or warranty polices of Providers. The refund and warranty policies of the Provider will apply to any products and services of a Provider.
13. Governing Law and Jurisdiction
13.1 This agreement shall be governed and construed under the laws of the State of South Carolina in the United States, without regard to that State’s conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement in any circumstance.
13.2 You agree that the state and federal courts located in Charleston County, South Carolina shall have exclusive jurisdiction over any claim or action under this agreement and over any action related in any way to our operation or your use of the Services, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that CCA may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this agreement.
13.3 A failure by CCA to enforce any provision of this agreement, or a waiver by CCA of any breach of this agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.
14. Entire Agreement
14.1 CCA reserves the right, in our sole discretion, to modify or replace these Terms of Service by posting a subsequent version on the Website or your Care Circle Account. You are responsible for periodically reviewing the Terms of Service as they appear on the Website and to discontinue your Care Circle Account and your use of the Services in the event you do not agree to any changes that have been made to the Terms of Service. You agree that your continued use of the Services following any such changes constitutes your acceptance of the new Terms of Service, regardless of whether we’ve provided any notification to you that those terms have changed. We will make reasonable efforts to notify you of any significant changes we might make.
15. More information
If you have additional questions, please contact CCA any time. Or email us at:
Date last modified: February 15th, 2018.