Last Updated Date: 6/20/2022
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, including
the Suicide Prevention Resource Center (https://www.sprc.org/), the National
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/ogsdfamilies (“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 between you and Care Solace®, your right to use or view Care Match™ is
- 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 to
- Conduct Standards. As a condition of use, you agree not to use Care Match™ for any
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 Care Match™ in any way not
- 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:
including any Authorized Users; 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 termination of
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
(a) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
FROM CARE SOLACE® OR THROUGH CARE MATCH™ WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- 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
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.
the preamble above) and remain in full force and effect while you use Care Match™, unless terminated
- 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. All provisions of the
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 JURISDICTION.
- Dispute Resolution. THE PARTIES EXPRESSLY AGREE THAT THEY WILL ATTEMPT TO RESOLVE
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 RELATED TO YOUR USE OF CARE MATCH™ OR THESE TERMS OF
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 APPEAL.
Written Notice of a Dispute. Mediation may be initiated by you by
sending written notice of a dispute to Care Solace, Inc., 669 2nd Street,
Encinitas, CA 92024 Attn: Peter Biberstein, email@example.com.
- 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 materials.
occasion will not be deemed a waiver of any other provision or of such provision on any other
competent jurisdiction to be invalid or unenforceable for any reason, such invalidity or
severable and given full force and effect.
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.