Terms of Use (“Terms”)

CarePaths, Inc. (“CarePaths”, “We”, “Us”, “Our”) offers services to Qualified Healthcare Providers, patients and prospective patients (“Users”, “User”,”You”, “Your”) through various sites and apps including but not limited to carepaths.com, makingtherapybetter.com, vip-patient.carepaths.app, vip.carepaths.app, CarePaths Connect app and Making Therapy Better app. These services will be collectively referred to as the “Platform”.

Please read these Terms carefully before accessing or using the Platform. Also review the CarePaths Privacy Policy which is available on the Platform and is incorporated into these Terms by reference. By accessing or using the Platform, You affirm You meet the User qualifications described below and agree to be bound by all of the terms and conditions below. CarePaths may modify these Terms and the CarePaths Privacy Policy at any time. Such modifications shall be effective immediately upon being posting on the Platform. You agree to review the Terms periodically to be aware of such modifications and your accessing or using the Platform constitutes your acceptance of these Terms as they appear at the time of your access or use.

THE INFORMATION CONTAINED IN THIS PLATFORM  IS NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.  IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

User Qualifications

You affirm You are at least 18 years old or have been legally emancipated; accept these Terms are legally binding and the equivalent of a signed, written contract; are  legally authorized to view and share with Us Protected Health Information as that term is defined in the CarePaths Privacy Policy; You accept the CarePaths Privacy Policy;  and agree Your use of the Platform will be at your own risk.

Use of Platform  

You may use the Platform only for lawful purposes and in accordance with these Terms.  In addition, We impose certain restrictions on Your use of the Platform. You shall not: 1)  Provide false, misleading, or inaccurate information to Us or any other User; 2) Impersonate or attempt to impersonate Us, one of Our employees, another User, or any other person or entity; 3) Harvest, monitor, or otherwise collect information from the Platform  for any use on third-party websites, without Our consent; 4) Use the Platform in any manner that could disable, overburden, damage, or impair the Platform  or interfere with any other party's use of the Platform; 5) Access content or data not intended for You, or log onto a server or account that You are not authorized to access; 6) Violate 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 U.S. or other countries); 7) Attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach security or authentication measures without proper authorization; 8) Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Platform; 9) Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 10) Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; 11) Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; 12) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third party (including another User) to protect the Platform; 13) Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Platform. Any violation of this section may subject You to civil and/or criminal liability; 14) Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by Us, may harm Us or Users of the Platform  or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Platform; 15) Use the Platform for any other purpose than what is allowed under these Terms without CarePaths’s express written permission; or 16) Encourage or enable any other individual to do any of the above.

CarePaths may monitor Your use of the Platform  to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when We are required to. CarePaths reserves the right to suspend or terminate Your use of the Platform without notice to You if You partake in any of the prohibited uses described above.

Protection of User Credentials

The Platform requires Users to have a User ID and password (“Credentials”) to access some features of the Platform. You are solely responsible for 1) maintaining the strict confidentiality of Your  Credentials, 2) not allowing another person to use Your Credentials to access the Platform, and 3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your Credentials, regardless of whether You were aware of those activities. You agree to immediately notify CarePaths in writing by email of any unauthorized use of Your Credentials or any other compromise of the security of Your account.

WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR CREDENTIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

You may be held liable for any losses incurred by CarePaths and/or its affiliates, officers, directors, and representatives due to someone else’s use of Your account or Credentials, regardless of whether You were aware of such use.

Privacy Policy

Please see CarePaths Privacy Policy for an explanation of our privacy practices, the data We collect from You, how We use that data, and Your rights regarding Your data. By accessing or using the Platform, You acknowledge and agree to the provisions of the CarePaths Privacy Policy and agree this  CarePaths Privacy Policy is part of these Terms.

No Warranties

The Platform is provided “as is” without warranty of any kind, either expressed or implied.  Without limiting the foregoing, CarePaths explicitly disclaims any warranties of mechantability, fitness for any particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of dealing or usage of trade .  CarePaths makes no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure or error-free basis.  CarePaths makes no warrant regarding the quality of any products, services or materials accessed or purchased through the Platform or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Platform.  No information, whether oral or written, obtained from CarePaths or through the Platform will create any warranty not expressly made in these Terms.

CarePaths cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalized settings, or other service interruptions.  CarePaths cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalized settings.  It is Your responsibility to backup information you enter into the Platform as needed, implement sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output. The CarePaths does not assume any responsibility or risk for Your use of the Platform.

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively “Systems”) necessary for You to access and use the Platform. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and using the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Platform and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

Severability

If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitutes the entire Terms between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in these Terms. Anything in the Platform inconsistent with or conflicting with the terms of this Terms is superseded by these Terms.

We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.

Third-Party Services

To the extent any features, aspects, products, or services offered through the Platform are provided, in whole or in part, by third parties ("Third-Party Services”), You may be subject to additional terms and conditions, To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions.  If you do not understand or agree to be bound by these terms and conditions, do not use the related Third-Party Services. We will not be responsible or laible for any of Your information collected or used by these Third-aparty Services under any circumstances. In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services.

App Stores

Apple App Store and Google Play (“App Stores”) are Third Party Services providers to CarePaths.  CarePaths uses the App Stores to distribute CarePaths mobile apps to Users.  These apps include but are not limited to CarePaths Connect and Making Therapy Better.  You will need to agree to App Store terms to download these apps.  CarePaths is responsible for the apps themselves which are part of the Platform.  

Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM REMAINS WITH YOU. NEITHER CAREPATHS NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREPATHS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PLATFORM.

YOU ACKNOWLEDGE THAT IF YOU USE THE PLATFORM DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. CAREPATHS IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE PLATFORM.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CAREPATHS’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PLATFORM MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE  OF THE EVENT FROM WHICH THE CLAIM AROSE.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CAREPATHS AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PLATFORM, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE PLATFORM THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 User Feedback

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by e-mailing Us at info@carepaths,com. You acknowledge and agree that if You submit any Feedback to Us, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Account Termination

If You wish to terminate Your User account, please contact CarePaths at info@carepaths.com, immediately discontinue Your use of the Platform, and delete all files associated with the Platform from Your computer or mobile device.

If You breach any of these Terms, We may suspend or disable Your User account or terminate Your access to the Platform without prior notice to You. There may be other instances where We may need to terminate Your access to the Platform that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Platform and materials at any time, with or without cause.

Governing Law and Jurisdiction.

These Terms shall be governed by the State of Delaware without regard to its conflicts of laws provisions. Each Party submits to the exclusive jurisdiction and venue of the Chancery Court of the State of Delaware and any state appellate court therefrom within the State of Delaware (or if the Chancery Court of the State of Delaware declines to accept jurisdiction over a particular matter, any federal court sitting in the State of Delaware and any federal appellate court therefrom). Each Party agrees not to commence any legal proceedings related hereto except in such courts except as set forth in the immediately preceding sentence.

Entire Terms.

These Terms, the CarePaths Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and Terms between CarePaths and You regarding the Platform. These Terms supersede and replace any and all prior oral or written understandings or Terms between CarePaths and You regarding the Platform.

Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without CarePaths’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. CarePaths may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

No Inadvertent Waiver

The failure of CarePaths to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CarePaths.

Intellectual Property Rights

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including 1) patent rights and utility models, 2) copyrights and database rights, 3) trademarks, trade names, domain names and the goodwill associated therewith, 4) trade secrets, and 5) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between You and Us, all right, title, and interest, including all intellectual property rights, in the Platform, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by CarePaths or its licensors, vendors, and affiliates, as applicable.  All rights not expressly granted are reserved by Us.  Any use of the Platorm not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Notices

Any notices or other communications permitted or required under these Terms will be in writing and given by CarePaths via email (in each case to the address that You provide).  For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from CarePaths electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH CAREPATHS IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to CarePaths by email to: info@carepaths.com. Notice to CarePaths shall be effective upon receipt of notice by CarePaths.

CarePaths Contacts

Mailing Address:

CarePaths, Inc.

505 Beachland Blvd. #254

Vero Beach, FL  

Phone: 800-357-1200

email:info@carepaths.com

Updated: November 6, 2023