Terms Of Services
The following document outlines the terms and conditions for using any of the CareStratus websites or mobile applications. Before using any of the CareStratus products and services, you must read, understand, and agree to these terms.
Description of Products and Services
The Products are a service provided to the healthcare community to provide real-time communication and other services among connected providers to assist in improving the health care experience for providers and patients. Our services enable medical professionals to send texts, messages and multi-media communications between selected users in a secure messaging environment and manage their workflow (the “Services”). Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Products or Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Products or Services, or any other reason within or outside our control. CareStratus reserves the right to suspend or discontinue the availability of the Products and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the Products and the Services without notice or liability. The Products or Services should not be used or relied upon for storage of confidential information, photographs and images, or personal health information. You are directed to retain your own copies of any Content posted on the Site for which risk of loss would be detrimental to you or your work.
As a condition to using the Products or Services, you are required to open an account with us, select a username and password, and provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your CareStratus or doctoc account.
Your username must be unique to you and may not be the name of another person or entity, one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.
Products or Services are available only to individuals who are (i) at least 18 years old and (ii) a citizen or legal resident of the United States.
The Products or Services are for use by individuals who are (i) licensed medical professionals or (ii) administrative staff affiliated with a licensed medical professional or facility. If you do not qualify for registration you are not permitted to open an account or use the Products or Services.
All Content posted or otherwise submitted to the Products or Services is the sole responsibility of the accountholder from which such Content originates and you acknowledge and agree that you, and not CareStratus are entirely responsible for all Content that you post, or otherwise submit to the Products or Services. CareStratus does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products or Services you may be exposed to Content that is offensive, indecent, or objectionable.
As a condition of use, you promise not to use the Products or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by CareStratus. By way of example, and not as a limitation, you agree not to use the Products or Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
- Impersonate or attempt to impersonate CareStratus, a CareStratus employee, another user, or any other person or entity, including by utilizing another user’s identification, password, account name, or persona without authorization from that user;
- In any manner that could disrupt, disable, overburden, damage, or impair the Products or Services for you or others (including the ability to send timely notifications through the Products or Services), via various means including overloading, “flooding,” “mailbombing,” “denial of service” attacks, or “crashing”;
- To send or launch any robot, spider or other automatic device, process or means to access the Products or Services for any purpose, including monitoring or copying any of the material;
- To send or launch any manual process to monitor or copy any of the material made available through the Products or Services or for any other unauthorized purpose without our prior written consent;
- To deploy any device, software or routine, including but not limited to, any viruses, trojan horses, worms, or logic bombs, that interfere with the proper working of the Products or Services or could be technologically harmful;
- To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Products or Services, the server on which the Products or Services are stored, or any server, computer or database connected to the Products or Services;
- To probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- To take any action to obtain services to which you are not entitled;
- To engage in any action designed to circumvent or alter any method of measuring or billing for utilization of the Products or Services; or
- To otherwise attempt to interfere with the proper working of the Products or Services.
Privacy & Security
As between you and CareStratus, you shall own all data, text, information, screen names, graphics, photos, profiles, audio and video clips, links, and other content and materials that you submit, post, display, and transmit using the Products or Services, (collectively, “Client Data”), and CareStratus acknowledges that it will not acquire any rights in the Client Data. We shall only use Client Data to fulfill its contractual obligations and as provided in this Agreement. You shall be fully liable and responsible to ensure that your Client Data does not violate any law, regulation, or the Terms and policies of the Products or Services.
You agree that Client Data received by CareStratus in connection with the download, installation, configuration, maintenance, support, and use of the Products or Services may be transferred, stored and processed in the United States of America or any other country where CareStratus or its Service Providers maintain facilities. By downloading, installing or using the Products or Services or by receiving customer support assistance, you authorize CareStratus and its Service Providers to collect, store, and process your data, including personal data, subject to the terms of this Agreement. “Service Providers” shall mean communications carriers, data centers, co-location and hosting services providers, short messaging services (“SMS”) providers, and content and data management providers that CareStratus uses in providing the Products or Services. You agree that CareStratus and its Service Providers may process your personal contact data and usage data to send service related notifications, enforce compliance with these Terms, facilitate the provision of software updates, improve the Products or Services, better understand client needs, and to comply with our contractual obligations and applicable law.
Users of the Products or Services may provide links to other Internet sites or resources. Because CareStratus has no control over such sites and resources, you acknowledge and agree that CareStratus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CareStratus 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge CareStratus, its affiliated and associated companies, and their respective members, directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assignees of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Products or Services.
You agree to defend, indemnify, and hold harmless CareStratus, its officers, members, predecessors, successors in interest, directors, employees, agents, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, due to, arising out of, or relating in any way to your use of, or access to, the Products or Services.
Limitation of Liability
In no event shall CareStratus be liable under contract, tort, strict liability, negligence, or other legal theory with respect to the Products, the Service or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) $100.
CareStratus, doctoc, carestratus.com, doctoc.net, and other CareStratus or doctoc graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trade dress, or intellectual property of CareStratus. Our intellectual property may not be used in connection with any product or service without our prior written consent.
CareStratus may terminate or suspend any and all Products or Services and/or your CareStratus or doctoc account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or other conditions of use. Upon termination of your account, your right to use the Products or Services will immediately cease. If you wish to terminate your CareStratus or doctoc account, you may simply discontinue using the Products or Services. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account CareStratus will no longer permit access to Content posted to your account.
Changes and Modifications
CareStratus reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, CareStratus will notify you by posting an announcement on the site, sending an email, or providing notification in a manner consistent with user communication best practices. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such changes and/or modifications. Using any product or service or viewing any content following notification of a material change to the Terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind CareStratus in any manner whatsoever. The failure of either party to exercise any right provided for in these Terms shall not be deemed a waiver of any further rights hereunder. CareStratus shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. CareStratus may transfer, assign, or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of Arizona, without regard to conflict of laws rules, as if made within Arizona between two residents thereof, and the parties submit to the exclusive jurisdiction of Phoenix, Arizona courts. Each party hereby waives any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
To report a suspected abuse of the Products or Service, or a breach of the Terms please send written notice to CareStratus at email: support@CareStratus.com.
You are solely responsible for your interactions with other users of the Products or Services. CareStratus reserves the right, but has no obligation, to monitor disputes between you and other users.