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Last updated: July 12, 2023
Please read this End-User License Agreement("Agreement") carefully before clicking the "I Agree" button, downloading or using SurgerEase ("Application") or using theSurgerEase.com website (“Site”).
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement, and You hereby certify that you are at least 18 years of age and, if you are agreeing to these Terms of Service on behalf of a corporation or entity, that you are duly authorized to bind such corporation or entity and provide the Client Data contemplated herein.
This Agreement is a legal agreement between you (either an individual, corporation or entity) and CareTeam.io, Inc. and it governs your use of the SurgerEase Application made available to you by CareTeam.io, Inc.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you byCareTeam.io, Inc. for use strictly in accordance with the terms of this Agreement.
CareTeam.io, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of CareTeam.io, Inc. You acknowledge and agree that all content and information is protected by proprietary rights and laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Application or Site.
Any feedback, comments, ideas, improvements or suggestions(collectively, "Suggestions") provided by you to CareTeam.io, Inc.with respect to the Application shall remain the sole and exclusive property ofCareTeam.io, Inc..
CareTeam.io, Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
CareTeam.io, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
CareTeam.io, Inc. may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You agree that CareTeam.io, Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that CareTeam.io, Inc. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. CareTeam.io, Inc. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
You grant CareTeam.io, Inc. a non-exclusive, world-wide, perpetual, royalty-free, irrevocable, sub licensable and transferable license to use the Client Data for purposes of performing the services set forth in this Agreement.
CareTeam.io, Inc. collects, stores, maintains, and shares information/data about you in accordance with its Privacy Policy, which is available at www.surgerease.com/privacy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.
Please be advised that CareTeam.io, Inc. may monitor your use of and access to theApplication to ensure compliance with this Agreement and any other applicable rules, policies, deadlines and instructions. By using the Application, you expressly consent to such monitoring. If such monitoring reveals possible unauthorized use of the Software, we may, among other things, suspend or terminate your access to the Software.
This Agreement shall remain in effect until terminated by you or CareTeam.io, Inc..
CareTeam.io, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from CareTeam.io, Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any ofCareTeam.io, Inc.'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold CareTeam.io, Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b)violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you "AS IS" and"AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, CareTeam.io,Inc., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to theApplication, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.Without limitation to the foregoing, CareTeam.io, Inc. provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither CareTeam.io, Inc.nor any CareTeam.io, Inc.'s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of theApplication, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii)as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of CareTeam.io, Inc. are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of CareTeam.io, Inc. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall CareTeam.io, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even ifCareTeam.io, Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
The Application and related documentation are"Commercial Items", as that term is defined under 48 C.F.R. §2.101,consisting of "Commercial Computer Software" and "CommercialComputer Software Documentation", as such terms are used under 48 C.F.R.§12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R.§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, theCommercial Computer Software and Commercial Computer Software Documentation arebeing licensed to U.S. Government end users (a) only as Commercial Items and(b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which theApplication was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of anyU.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of CommerceDenied Person's List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Please be advised that we may contact you by short message service (“SMS”) text message from time to time regarding surgery changes, appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“SMS Communications”). These SMS Communications are considered part of the Services and your account.
By agreeing to these Terms and providing your telephone number to us or our affiliates, you: (i) consent to receive SMS Communications from or on behalf of us or any of its affiliates at the telephone number you provide; and (ii) acknowledge and agree that your information may be processed in accordance with, and you are to be bound by, our Privacy Policy; and (iii) acknowledge and agree you are providing us the right to send communications to your clients or patients on your behalf.
You can stop receiving SMS Communications from us at anytime by texting “STOP” to the number from which you receive the SMSCommunications. Alternatively, if you are registered, you may email us at: support@surgerease.com to request to stop receiving SMS Communications from us. If you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed from SMS Communications. After this, you will no longer receive SMSCommunications from us. You agree that if you request to opt out from futureSMS Communications, we may send you a one-time opt-out confirmation SMS text message. After this, you will no longer receive SMS Communications from us.
You agree that we may send to you additional communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration, (2) push notifications on your tablet or mobile device, or (3) by posting communications on the Sites(collectively, “Communications”). In some cases we may contact you by telephone. If you do not wish to be contacted by phone you may send an email request or submit a request via the application.
The delivery of any SMS or other Communications from us is effective when sent by us, regardless of whether you read the SMS or otherCommunication. You can withdraw your consent to receive Communications by deactivating your Account, or as otherwise specified and provided.
You acknowledge that text messages and emails are not always secure and there is a risk that such messages and emails will be intercepted because they travel over networks that we do not control. As such, we cannot guarantee the security or confidentiality of messages sent by text messages or email. By providing us with your cell phone number and email address, you agree that we may communicate with you by text message and email, despite these risks.
You acknowledge that by using our service to contact your clients, patients or members that you are providing us the right to send communications and you have obtained the right to contact them through email, text messages and orSMS.
CareTeam.io, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use theApplication.
The laws of Delaware, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us at support@surgerease.com
The Agreement constitutes the entire agreement between you and CareTeam.io, Inc. regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you andCareTeam.io, Inc..
You may be subject to additional terms and conditions that apply when you use or purchase other CareTeam.io, Inc.'s services, whichCareTeam.io, Inc. will provide to you at the time of such use or purchase.
See Business Associate Agreement (HIPAA Professional) for full HIPAA BAA details.
