KLOSECARE Terms and Conditions of Use
This Agreement contains the complete terms and conditions that govern the use of the KLOSECARE website(s), including http://WWW.KLOSECARE.COM (“website” or “websites” or “site”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER KLOSECARE SOFTWARE, SERVICES, WEBSITES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. KLOSECARE RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT KLOSECARE‟S DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO HTTP://WWW.KLOSECARE.COM/TERMSOFUSE.HTMS.
2. ACCESS TO THIS SITE. To access this site, site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide will be correct, current, and complete. If KLOSECARE believes the information you provide is not correct, current, or complete, KLOSECARE has the right to deny access to this site, or to any of its resources, and to terminate or suspend your access at any time.
3. APPLICABLE USE OF SITE. You may use this site for purposes expressly permitted by this site. As a condition of your use of KLOSECARE‟s websites, you warrant to KLOSECARE that you will not use the websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.You understand and agree that you are solely responsible for your actions and decisions to interact with other people who you meet online by virtue of the services provided by KLOSECARE, on the website or otherwise. You understand that KLOSECARE does not perform psychological testing or background checks on the individuals who may use the website. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the website, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.
4. DO NOT RELY ON CERTAIN PORTIONS OF WEBSITE. The website is designed solely to facilitate communications between medical professionals and users. You are encouraged to exercise the same judgment regarding advice you may from medical professionals via the website as you would exercise if you were meeting such professionals in person. Opinions, advice, statements or other comments from any person other than your medical professional contained on this website should not necessarily be relied upon and are not to be construed as professional advice from KLOSECARE. KLOSECARE do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from KLOSECARE.
6. NO UNLAWFUL ACCESS. In addition, you agree that you will not use KLOSECARE‟s websites in any manner that could in any way disable, overburden, damage, or impair the websites or otherwise interfere with any other party‟s use and enjoyment of the websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the websites.
7. RIGHT TO MONITOR. KLOSECARE reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Not withstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
8. PERSONAL AND NON-COMMERCIAL USE LIMITATION. KLOSECARE‟s websites are for your personal and non-commercial use, unless otherwise specified. You may not use any KLOSECARE sit for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of KLOSECARE. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to KLOSECARE‟s websites.
9. PROPRIETARY INFORMATION. All content found on the KLOSECARE websites (the “Content”) is considered the copyrighted and trademarked intellectual property of KLOSECARE, or of the party that created and/or licensed the Content to KLOSECARE. No rights or title to any of the works contained on any KLOSECARE website shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of KLOSECARE, except that you may print out and/or save a copy of the Content for personal use.
10. SUBMISSIONS. Subject to Section 16 (HIPAA), you hereby grant to KLOSECARE a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to KLOSECARE through this site (hereinafter, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that KLOSECARE will not be bound to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future KLOSECARE operations or business.
11. HYPERLINKING. This site may be hyperlinked to and by other websites which are not maintained by, or related to, KLOSECARE. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this site or KLOSECARE. KLOSECARE has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a KLOSECARE website to another web page should be accessed at the User‟s own risk. KLOSECARE makes no representations or warranties about the content, completeness, quality or accuracy of any such website.
12. USE OF COMMUNICATION SERVICES. KLOSECARE‟s websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(i) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(viii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded (e.g., copyright, trademark or patent notices);
(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xii) solicits funds, advertisers or sponsors for any purpose;
(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
(xv) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xvi) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither KLOSECARE nor any third party that provides Content to KLOSECARE will assume or have any liability for any action made by KLOSECARE or such third party with respect to any submission.
14. DISCLOSURE UNDER LAW. KLOSECARE reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
15. PERSONALLY IDENTIFIABLE INFORMATION. KLOSECARE cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, KLOSECARE agrees to keep confidential personal information you submit through the website, with the following exceptions: (1) basic biographical information will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by the website of KLOSECARE, in which case the confidentiality clause contained in this Agreement is rendered null and void..
16. HIPAA. Notwithstanding anything to the contrary in this Agreement, including without limitation Section 13 of this Agreement, certain of the information you choose to share with KLOSECARE and its affiliates via this website may include “Protected Health Information („PHI‟)” as such term is defined in the Health Insurance Portability and Accountability Act of 1996, or any successor federal statute, and the rules and regulations thereunder, all as may be amended or supplemented from time to time (HIPAA).
KLOSECARE shall, and shall cause its representatives to keep PHI confidential and use and disclose PHI only as necessary to carry out the purpose of HIPAA and any other applicable law, rule or regulation of any jurisdiction relating to disclosure or use of personal information. KLOSECARE shall, and shall cause its representatives to, implement and maintain an appropriate security program for PHI to (i) ensure the security and confidentiality of PHI, (ii) protect against any threats or hazards to the security or integrity of PHI, and (iii) prevent unauthorized access to or use of PHI.
Without limitation of KLOSECARE obligation to comply with the requirements of all applicable Privacy Laws, KLOSECARE shall promptly notify you: (i) of any disclosure or use of any PHI by KLOSECARE or its representatives in breach of this Agreement with respect to PHI and (ii) of any disclosure of any PHI to KLOSECARE or its representatives where the purpose of such disclosure is not known to Recipient. If HIPAA or any other applicable state or federal law or regulation, now or hereafter in effect, imposes a higher standard of confidentiality or security with respect to PHI, such standard shall prevail over the provisions of this Agreement.
17. DISCLAIMER & LIMITATIONS ON LIABILITY. You understand that KLOSECARE cannot and does not guarantee or warrant that files available for downloading from the KLOSECARE websites will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this website. KLOSECARE further disclaims any responsibility to ensure that the Content located on its websites is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KLOSECARE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. KLOSECARE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY KLOSECARE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KLOSECARE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KLOSECARE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KLOSECARE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
KLOSECARE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KLOSECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KLOSECARE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO KLOSECARE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
19.TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing in this site are the property of KLOSECARE or the party that provided the intellectual property to KLOSECARE. KLOSECARE and any party that provides intellectual property to KLOSECARE retain all rights with respect to any of their respective intellectual property appearing in this site. All contents of KLOSECARE‟s websites are: Copyright © 2018 KLOSECARE Monitoring, LLC. All rights reserved.
20. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KLOSECARE‟s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying KLOSECARE and its affiliates that your copyrighted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the current website address;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner‟s behalf.
KLOSECARE‟s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attn: Copyright Agent,
21. SECURITY. Any passwords used for this site are for individual use only. You will be responsible for the security of your password(s). From time to time, KLOSECARE may require that you change your password. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD KLOSECARE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KLOSECARE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KLOSECARE OR LAW ENFORCEMENT AUTHORITIES.
“I have read the agreement and agree to its terms”