Last Updated Date: 10/1/2021
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 1-800-273-8255, and the Crisis Text Line from any cellular phone at 741741.Additional resources may also be available in your state.
NOTE: THESE TERMS CONTAIN DISPUTE RESOLUTION AND ARBITRATION PROVISIONS THAT AFFECT YOUR RIGHTS WITH RESPECT TO ANY DISPUTES YOU MAY HAVE WITH CARE SOLACE®.
- 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.
- 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 HEREIN.
- PERSONAL IDENTIFYING INFORMATION. Care Solace® does not collect or maintain any personal identifying information, as that term is defined in the Family Educational Rights and Privacy Act (“FERPA”), 34 C.F.R. § 99.3, through Care Match™.None of the information that you disclose through Care Match™ qualifies 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), and 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.
- 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.
- GENERAL PROVISIONS.
- 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.
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.
10.2.1 Written Notice of a Dispute. Mediation may be initiated by you by sending written notice of a dispute to Addiction Treatment Technologies, LLC DBA Care Solace®, 669 2nd Street, Encinitas, CA 92024 Attn: Mike Dodge, 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 materials.