DO NOT USE CARE MATCH™ FOR EMERGENCY MEDICAL
OR MENTAL HEALTH NEEDS. IF YOU ARE EXPERIENCING A
MEDICAL OR MENTAL HEALTH EMERGENCY, OR ARE THINKING ABOUT SUICIDE OR HARMING YOURSELF OR OTHERS, CALL 911
IMMEDIATELY OR ANOTHER EMERGENCY OR CRISIS NUMBER.
Resources are available to you if you are experiencing a medical or mental health crisis or emergency,
the Suicide Prevention Resource Center (https://www.sprc.org/), the
Suicide Prevention Lifeline at 988, and the Crisis Text Line from any cellular phone at 741741.
Additional resources may also be available in your state.
https://caresolace.com/hesperiafamilies (“CARE MATCH™”) AND THE
INFORMATION, FUNCTIONS, FEATURES, AND RESOURCES AVAILABLE
THROUGH CAREMATCH™ ARE CONTROLLED BY CARE SOLACE, INC. "CARE SOLACE®", A DELAWARE LIMITED
THE INDIVIDUAL OR SUCH LEGAL ENTITY, AS APPLICABLE, ACCESSING OR USING CARE MATCH™ (YOU AND
CARE SOLACE® ARE REFERRED TO COLLECTIVELY AS “THE PARTIES”). THE TERM “AUTHORIZED
BY ACCESSING OR USING CARE MATCH™, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND
AGREE TO BE BOUND BY
NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION AND ARBITRATION PROVISIONS THAT AFFECT
YOUR RIGHTS WITH
RESPECT TO ANY DISPUTES YOU MAY HAVE WITH CARE SOLACE®.
USE OF CARE MATCH™
Care Match™ is protected by applicable intellectual property laws. Unless subject to a separate license
Limitation on Use. Care Match™ is provided only for your own informational/care
coordination purposes, subject to the restrictions herein. Any future update or other addition
Conduct Standards. As a condition of use, you agree not to use Care Match™ for
action that: (i) infringes, misappropriates, or otherwise violates any intellectual property
right, right of publicity, right of privacy, or other right of any person or entity; or (ii)
interferes with or attempts to interfere with the proper functioning of Care Match™ or uses
Investigation and Enforcement. If Care Solace® becomes aware of any possible
violations and to to disclose any information or materials in Care Solace®’s possession in
connection with your use of Care Match™, to: (i) comply with applicable laws, legal process or
service; or (iv) protect the rights, property or personal safety of Care Solace®, its Authorized
Users, and all enforcement or other government officials, as Care Solace® in its sole discretion
believes to be necessary or appropriate.
CARE MATCH™. You agree that Care Solace® owns all rights, title
and interest in Care Match™ (including but not limited to, any computer code, themes, objects,
images, graphics, animation, methods of operation, moral rights, documentation, and Care Solace®’s
software). You agree not to remove, alter or obscure any copyright, trademark, service mark or other
proprietary rights notices incorporated in or accompanying Care Match™.
Intellectual Property Rights. Care Solace®’s name and all related stylizations,
graphics, logos, service marks and trade names used on or in connection with Care Match™, and all
associated content, graphics, design, digital conversion, code, and other matters related to Care
Match™ (hereinafter, “Intellectual Property”) are protected under applicable copyrights and other
intellectual property rights. The copying, redistribution, use, reuse, or publication by you of any
of Care Solace’s Intellectual Property or any part of Care Match™ is strictly prohibited. Providing
Care Match™ for your informational/educational use does not in any way constitute a waiver of any of
Care Solace®’s ownership rights or interest in Intellectual Property or Care Match™ and you do not
acquire any ownership rights to any Intellectual Property viewed through Care Match™. Third party
trademarks, service marks and trade names that may appear on or in Care Match™ are the property of
their respective owners.
You agree to indemnify, defend, and hold Care Solace®, its parents, subsidiaries, affiliates,
officers, employees, agents, contractors, partners, suppliers, and licensors harmless from any
losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or
arising out of any and all of the following: (a) your use of Care Match™ in violation of the
or (c) your violation of any applicable laws or regulations. Care Solace® reserves the right, at
its election and its own cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you agree to fully cooperate with Care Solace® in
asserting any available defenses. You agree that the provisions in this section will survive any
DISCLAIMER OF WARRANTIES AND CONDITIONS
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF CARE MATCH™ IS AT
YOUR SOLE RISK, AND CARE MATCH™ IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL
FAULTS. CARE SOLACE® EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARISING
FROM YOUR USE OF CARE MATCH™.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM
CARE SOLACE® OR THROUGH CARE MATCH™ WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE
NO PERSONALLY IDENTIFYING INFORMATION. Care Solace® does not collect or maintain
any personally identifying information, as that term is relevant to school district users and is
defined in the Family Educational Rights and Privacy Act (“FERPA”), 34 C.F.R. § 99.3, through Care
NO PROTECTED HEALTH INFORMATION. Care Solace is not a health care provider. The
information that you disclose through Care Match™ is anonymous and does not qualify as “Protected
Health Information” (as defined under the Health Insurance Portability and Accountability Act of
1996 (“HIPAA”) or any state law that defines such term. When providing services through Care Match™,
including to anonymous school district, city, or town users, Care Solace® is not and shall not be
construed as a “Business Associate” (as defined under HIPAA, the Health Information Technology for
Economics and Clinical Health Act (the “HITECH ACT”), or the implementing regulations of these laws
found at 45 C.F.R. Parts 170, 172, and 164.
LIMITATION OF LIABILITY
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT
PROVIDED BY LAW, IN NO EVENT SHALL CARE SOLACE® BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE,
BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN
OF WHETHER CARE SOLACE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARE SOLACE® AND YOU.
MEDICAL, HEALTH AND SAFETY DISCLAIMER
CARE MATCH™ IS FOR INFORMATIONAL/CARE COORDINATION PURPOSES ONLY, IS NOT MEDICAL OR PSYCHOLOGICAL
ADVICE, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS, OR
TREATMENT. IF YOU HAVE QUESTIONS ABOUT ANY MEDICAL OR MENTAL HEALTH CONDITIONS, CONTACT A LICENSED
MEDICAL OR MENTAL HEALTH PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY,
CALL 911 IMMEDIATELY.
NO PATIENT-PROVIDER RELATIONSHIP
YOUR USE OF CARE MATCH™ DOES NOT CREATE OR OTHERWISE CONSTITUTE A PATIENT-PROVIDER RELATIONSHIP BETWEEN
YOU AND CARE SOLACE® OR ANY OF ITS OFFICERS, AGENTS, OR EMPLOYEES.
NO COMPENSATION FROM TREATMENT PROVIDERS
IN ORDER TO FOCUS ON SERVICE TO STUDENTS AND THEIR FAMILIES, CARE SOLACE® DOES NOT COMPENSATE OR
RECEIVE ANY FORM OF COMPENSATION FROM TREATMENT PROVIDERS LISTED IN CARE MATCH™.
TERM AND TERMINATION
in the preamble above) and remain in full force and effect while you use Care Match™, unless
Termination of Care Match™ by Care Solace®. Care Solace® has
the right to, immediately and without notice, suspend or terminate your access to Care Match™
and any other services provided to you. You agree that all terminations shall be made in Care
Solace®’s sole and absolute discretion and that Care Solace® shall not be liable to you or any
third party for any termination of your access, regardless of the reasons for such termination.
termination of Care Match™, including without limitation, ownership provisions, warranty
disclaimers, indemnification provisions, and limitations of liability.
Governing Law. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF CARE
MATCH™ WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA
WITHOUT GIVING EFFECT TO ANY PRINCIPLES PROVIDING FOR THE APPLICATION OF THE LAW OF ANY OTHER
Dispute Resolution. THE PARTIES EXPRESSLY AGREE THAT THEY WILL ATTEMPT TO
RESOLVE ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF CARE MATCH™ OR TO THESE TERMS
OF USE THROUGH MEDIATION. MEDIATION SHALL BE INITIATED BY PROVIDING NOTICE OF A DISPUTE AS SET
FORTH IN PARAGRAPH 10.2.1. IF THE PARTIES CANNOT COME TO A RESOLUTION WITHIN THIRTY (30) DAYS
OF CARE SOLACE®’S RECEIPT OF WRITTEN NOTICE OF A DISPUTE, ANY DISPUTE, CONTROVERSY, OR CLAIM
SHALL BE RESOLVED BY BINDING ARBITRATION IN SAN DIEGO COUNTY, CALIFORNIA, CONDUCTED IN
ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) COMMERCIAL ARBITRATION RULES.
THE PARTIES EACH WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR
THE PARTIES AGREE THAT THE ARBITRATOR SHALL AWARD COSTS TO THE PREVAILING
PARTY AND THAT ANY ARBITRATION DECISION SHALL BE BINDING ON THE PARTIES AND SHALL NOT BE SUBJECT TO
Written Notice of a Dispute. Mediation may be initiated by you by
sending written notice of a dispute to Care Solace, Inc., 1624 Market St., Ste 226,
PMB 94660, Denver, CO 80202-1559 Attn: Peter Biberstein, firstname.lastname@example.org.
Force Majeure. Care Solace® shall not be liable for any delay or failure to
provide Care Match™ resulting from causes beyond its reasonable control, including, but not
limited to, acts of God, pandemics, war, terrorism, riots, embargos, acts of civil or military
authorities, fire, floods, accidents, strikes, internet disruptions, hacker attacks,
telecommunications failures, or shortages of transportation facilities, fuel, energy, labor, or
one occasion will not be deemed a waiver of any other provision or of such provision on any
competent jurisdiction to be invalid or unenforceable for any reason, such invalidity or
fully severable and given full force and effect.
agreement of the Parties with respect to the subject matter hereof and supersedes and merges
all prior discussions between the Parties with respect to such subject matter.