MEDICAL CARE CORPORATION
AGREEMENT OF TERMS AND CONDITIONS OF USE
Welcome, and thank you for visiting MCCARE.com (the "Site"). The Site is owned and operated by Medical Care Corporation, a California corporation ("Medical Care"). The use of the Site by you is permissible only on the condition that you agree to all of the terms and conditions set forth below. THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY.
IF YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THE BOTTOM OF THIS PAGE LABELED "I ACCEPT." IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT PROCEED FURTHER AND YOU SHOULD EXIT THE SITE.
Medical Care reserves the right to revise, update, modify or otherwise change this Agreement of Terms and Conditions of Use. Any such change will be effective immediately upon the earlier of the posting of such change to the Site or notification to you of the change. You should review the Agreement of Terms and Conditions of Use each time you visit the Site to ensure you are aware of any changes. You agree by your use of the Site to be bound by the Agreement of Terms and Conditions of Use that is in effect each time you visit the Site.
PURPOSE OF THE SITE
The purpose of the Site is to provide general information to, and to educate, users of the Site regarding Alzheimer's disease, dementia, depression and other similar or related conditions. NOTHING CONTAINED IN THE SITE, AND NO INFORMATION PROVIDED THROUGH THE SITE, IS INTENDED TO BE, OR SHOULD BE CONSTRUED AS, MEDICAL ADVICE, MEDICAL DIAGNOSIS OR ADVICE AS TO TREATMENT OF ANY MEDICAL OR NEUROLOGICAL CONDITION. You should not use any information provided through the Site for self-diagnosing any medical condition or treating any health problem. WITHOUT LIMITING THE FOREGOING, ANY RESULTS OBTAINED FROM TESTS YOU MAY TAKE WHILE USING THE SITE SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE OR AS A DIAGNOSIS THAT YOU MAY OR MAY NOT HAVE OR POTENTIALLY HAVE A NEUROLOGICAL OR PSYCHOLOGICAL DISEASE OR DISORDER. You should promptly consult with your physician or other health care provider should you have any questions or concerns regarding the results from any test you may take while using the Site as well as any other questions or concerns you may have regarding any present or potential medical condition. Only your physician or other health care provider can provide you with advice or diagnosis regarding your health and medical condition.
Your access to or use of the Site does not create in any way a physician-patient relationship, any sort of confidential relationship, or any other relationship that would give rise to duties to you on the part of Medical Care or its employees or agents.
AUTHORIZED USE OF SITE
Medical Care authorizes you to view and use the Site subject to the terms of this Agreement of Terms and Conditions of Use. You may download a single copy of the materials on the Site solely for your personal, non-commercial use, provided that any copies of the materials on the Site which you make shall include all copyright and other proprietary rights notices and any disclaimers contained thereon and on this Site. Printing or electronically reproducing any materials on the Site for any other purpose is expressly prohibited, unless prior written consent to such use is obtained from Medical Care. You can contact us at Medical Care Corporation, 3900 West Coast Hwy, Suite 310, Newport Beach, California 92663, Attention: Customer Service.
Medical Care reserves the right to terminate your access to and use of the Site at any time, and for any reason, with or without notice to you, and without liability to you, in the Company's sole and absolute discretion. Medical Care also reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or any or all of the content on the Site, with or without notice.
If you choose to open up an account to use and access the Site, you will be required to complete a registration process that includes completing a registration form. Please make sure that your answers on the registration form are complete and accurate. Medical Care has several tools that allow you to record and store personal information on servers maintained by or on behalf of Medical Care. As part of the registration process, and to enable you to access your personal information, you will be asked to provide a user name and a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name or password of anyone else at any time. You agree to notify Medical Care immediately of any unauthorized use of your account, user name or password. Medical Care shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge or permission. You grant Medical Care and all other persons involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site.
COPYRIGHT AND INTELLECTUAL PROPERTY
The material on the Site is protected by copyright under both United States and foreign laws. Title to materials remains with Medical Care and its licensors. Any use by you of the materials on the Site not expressly permitted by the terms of this Agreement of Terms and Conditions of Use may violate copyright, trademark and other intellectual property laws and subject you to liability. You agree not to download, display, perform, transmit, or otherwise distribute any information or content on the Site in violation of Medical Care's or any third party's copyright, trademark, or other intellectual or proprietary rights. Nothing herein shall be construed as conferring by implication, estoppal or otherwise any license or right under any trademark of Medical Care or any third party. Except as expressly provided in this Agreement of Terms and Conditions of Use, nothing herein contained shall be construed as conferring any license or right under any copyright of Medical Care or its licensors. All rights not expressly granted to you herein are reserved to Medical Care and its licensors.
Should you communicate any questions, comments, suggestions, feedback or the like regarding any of the materials on the Site to Medical Care, such information shall be deemed to be non-confidential and non-proprietary to you, and Medical Care shall have no obligation to you of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute such information to others. You agree that you will not send or transmit to Medical Care (by e-mail or otherwise) any communication or information that infringes or violates any intellectual property, proprietary or other rights of others. If you send or transmit to Medical Care any business information, concept, idea or invention, you automatically grant (or warrant that the owner of such transmitted information or other intellectual property has granted) to Medical Care a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication in any media, or any form, format or forum now known or hereinafter developed. Without limiting the foregoing, Medical Care shall be free, without compensating you, to use any ideas, comments, suggestions, concepts, know-how or techniques contained in such information for any purpose whatsoever, including incorporating such information into Medical Care's products and services, including materials on the Site.
Medical Care makes the Site and all content thereon available to users on a strictly "AS IS" and "AS AVAILABLE" basis. Medical Care does not represent, warrant or guarantee the accuracy, timeliness, completeness, usefulness, adequacy or suitability of any information you may obtain from or through the Site. While Medical Care may from time to time update and modify information on the Site, medical information is subject to rapid change, and Medical Care cannot ensure and does not undertake to ensure that information on the Site is up to date or does not omit material information. Medical Care does not promise that the Site will be error free or uninterrupted, nor that any specific results will arise from the use of the Site by you. Medical Care cannot ensure that the files you download from the Site will be free of viruses, worms, Trojan horses or other code that manifest contaminating or other destructive properties. MEDICAL CARE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF EVERY KIND AND NATURE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY
All use of the Site by you is at your risk. YOU AGREE THAT NEITHER MEDICAL CARE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO THE SITE WILL HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OF ANY KIND FOR LOSSES OR DAMAGES YOU MAY INCUR ARISING FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER CONTENT THEREON. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL MEDICAL CARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO THE SITE S BE LIABLE OR OBLIGATED TO YOU UNDER ANY WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, OR FOR DAMAGES FROM LOST PROFITS, BUSINESS INTERRUPTION OR COMPUTER FAILURE FROM VIRUSES, TROJAN HORSES, WORMS OR SIMILAR DESTRUCTIVE CODE, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER CONTENT THEREON, WHETHER OR NOT MEDICAL CARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF IN ANY JURISDICTION THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART, YOU AGREE THAT IN NO EVENT WILL MEDICAL CARE BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF $1,000 IN TOTAL. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURRED. REMEDIES UNDER THIS AGREEMENT OF TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.
You agree to defend, indemnify and hold harmless Medical Care and its officers, directors, employees, agents, licensors, suppliers and affiliates from and against any and all claims, actions, demands, liabilities and settlements, including without limitation reasonable fees and costs of attorneys, resulting from, or alleged to result from, your violation of this Agreement of Terms and Conditions of Use.
LINKS TO OTHER SITES
The Site may from time to time contain links to and advertisements for other websites operated by third parties. Any links and advertisements are provided for your convenience only, and do not imply any endorsement of the material on such websites or any association with their operators. Medical Care does not control the management of such websites nor the information displayed thereon. We are therefore not responsible, and accept no liability, for the content or performance of these websites or for your transactions with them.
LINKING TO THE SITE
You agree that you will not place a link to the Site on any other website without the prior written consent of Medical Care.
COPYRIGHT INFRINGEMENT CLAIMS
Medical Care respects the intellectual property of others. If you believe that any information or materials provided on or through the Site infringes any copyright or is the subject of infringing activity, please use the following process to notify us.
All claims of copyright infringement should be in writing and should be directed to Medical Care's designated copyright agent, whose contact information is as follows:
Medical Care Corporation
Attention: Chief Financial Officer
3900 West Coast Hwy, Suite 310
Newport Beach, California 92663
Fax: (949) 478-7388
Each claim if copyright infringement must include all of the following information:
CALIFORNIA BASED OPERATIONS
The Site is controlled and operated by Medical Care from its offices in Newport Beach, California. Medical Care makes no representation that any of the materials on the Site are appropriate for use outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
GOVERNING LAW AND VENUE
This Agreement of Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state or federal courts located in Orange County, State of California in all disputes arising out of or related to your use of the Site. You further agree and expressly consent to the exercise of personal jurisdiction of the state and federal courts located in Orange County, State of California in all disputes arising out of or related to your use of the Site.
The provisions of this Agreement of Terms and Conditions of Use shall survive the term of your use of the Site.
If, for whatever reason, any court of competent jurisdiction finds any term or condition in this Agreement of Terms and Conditions of Use to be invalid or unenforceable, all other terms and conditions herein shall remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement of Terms and Conditions of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
HIPAA BUSINESS ASSOCIATE AGREEMENT
THE PARTIES AGREE AS FOLLOWS:
1. PERMITTED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
2. RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO PROTECTED HEALTH INFORMATION
3. TERM AND TERMINATION
5. LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER THAT LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS OR DAMAGES.
Regulatory citations in this Business Associate Agreement are to the United States Code of Federal Regulations Title 45 parts 160 through 164, as interpreted and amended from time to time by HHS, for so long as those regulations are in effect. Unless otherwise specified in this Business Associate Agreement, all capitalized terms not otherwise defined shall have the meaning established for purposes of Title 45 parts 160 through 164 of the United States Code of Federal Regulations, as amended from time to time.
CONTACTING MEDICAL CARE
Medical Care can be reached with any questions or comments regarding the Site or any information or materials on the Site by sending email to: [firstname.lastname@example.org] or via U.S. Mail addressed to Medical Care Corporation, 3900 West Coast Hwy, Suite 310, Newport Beach, California 92663.
Copyright ©2000 through 2016 Medical Care Corporation. All rights reserved. Updated October 1, 2012.