User Terms Of Use

CAREUVATION AUTHORIZED USER TERMS OF USE

Effective Date: August 9, 2019

Careuvation is a consumer-facing portal that enables users to access and aggregate their medical records using interoperability standards and Open API (collectively the “Careuvation Services”).  These Careuvation Terms of Use (“Terms of Use”) contains the terms and conditions that apply to your use of the Careuvation Services.

When you use Careuvation, you agree to these Terms of Use.  The Careuvation Services are available to users who choose to review and accept these Terms of Use.

We may change or update these Terms of Use at any time and for any reason.  If we update or change these Terms of Use, we will post the updated Terms of Use here on our website. You should check our Terms of Use often to make certain you have the most recent version for your records.  We will always list the last date we reviewed or made changes to these Terms of Use at the top of this document.

Please read this Terms of Use carefully.  It is a legally binding contract.  You agree to be bound by the Terms of Use when you click “I Agree” and/or continue to use our site.  If you do not agree with this Terms of Use, you are not authorized to use the Careuvation site or any of the Careuvation Services.

Definitions

Patient – The individual to whom Careuvation Services are being provided and for whom a Careuvation portal is created.

Personal Representative – Any party to whom decision-making authority has been granted, whether via power of attorney from patient, by court order, or otherwise by operation of law.

Service Provider – A physician, medical group, practice or other healthcare provider with whom a Patient has an existing medical relationship and who uses Careuvation Services.

Third Party – Any party other than a Service Provider who is responsible for Patient’s medical care or coordination thereof, or to whom Patient has granted access to Patient’s Careuvation portal.

Authorized User – Any Patient, Personal Representative, Service Provider or Third Party who has been granted access to the Careuvation platform via their own unique login access information.

Medical Disclaimers.

Do not use Careuvation Services for medical emergencies or urgent situations.  IF PATIENT IS HAVING A MEDICAL EMERGENCY, DIAL 911 OR CALL PATIENT’S DOCTOR IMMEDIATELY.

Careuvation does not screen, perform background checks on, confirm the qualifications of, evaluate, or endorse any Authorized User.  Patients are solely responsible for establishing and maintaining the relationships with their Service Providers (and evaluating or confirming their qualifications).

Information on Careuvation is not a substitute for professional medical advice, diagnosis, or treatment.  Patients should always ask their doctor or other qualified healthcare provider any questions about a medical condition.  Resources provided by and communications via the Careuvation Services are not comprehensive medical text and do not include all the potential information regarding the subject matter.  These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or healthcare consultation or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Careuvation.  Careuvation does not practice medicine and nothing in the Careuvation Services or Terms of Use should be construed, directly or indirectly, as the practice of medicine or dispensing of medical advice by Careuvation.  Careuvation and its affiliates, directors, officers, managers, employees or other representatives (collectively “Affiliates”) make no warranty as to the content of any treatment response. Never ignore professional medical advice or delay seeking treatment because of something you have read on the Careuvation website.

Patient agrees to contact their Service Provider immediately if Patient’s condition changes or Patient’s symptoms worsen.  Even if Patient has granted their Service Provider access to their Careuvation Record, unless Patient and their Service Provider have agreed otherwise, Patient should not assume that their Service Provider is actively reviewing it for changes and Patient should actively communicate any changes that concern Patient to their Healthcare Provider.

Patient Account.

Patient represents and warrants that Patient is 18 years old or older and that Patient possesses the legal right and ability to:

  • Enter into this Terms of Use;
  • Register on the Careuvation Services under Patient’s own name;
  • Use the Careuvation Services as described in this Terms of Use; and
  • Accept the responsibilities described in this Terms of Use.

Patient is solely responsible for maintaining the confidentiality of Patient’s password and for all activities that occur using Patient’s user name and password.  Patient agrees to prohibit anyone else from using Patient’s password and agrees to notify Careuvation immediately if Patient believes there has been any unauthorized use of Patient’s password or other security concerns.

Accounts of All Other Authorized Users.

Each Personal Representative, Service Provider or Third Party using Careuvation as an Authorized User represents and warrants that that they are 18 years old or older and that each possesses the legal right and responsibility to:

  • Enter into this Terms of Use;
  • Register on the Careuvation Services under their own name;
  • Use the Careuvation Services as described in this Terms of Use; and
  • Accept the responsibilities described in this Terms of Use.

Each Personal Representative, Service Provider or Third Party using Careuvation as an Authorized User is solely responsible for maintaining the confidentiality of their password and for all activities that occur using their user name and password.  Each also agrees to prohibit anyone else from using their password and agrees to notify Careuvation immediately if they believe there has been any unauthorized use of their password or other security concerns.

Each Personal Representative, Service Provider or Third Party using Careuvation as an Authorized User agrees to be bound by Careuvation’s Privacy Policy and Terms of Service and shall only access Patient’s records in accordance with the Minimum Necessary standard as outlined in the HIPAA Privacy Rule, if applicable. Additionally, Careuvation will provide each such Personal Representative, Service Provider or Third Party with unique credentials and access permissions. Such unique credentials and access permissions shall permit the audit of access by such Authorized Users to Patient’s medical records.

Privacy:  Careuvation respects Patient privacy and takes privacy very seriously.  By accepting these Terms of Use and our Privacy Policy, Patient consents to the use and disclosure of personally identifiable information provided to us as outlined in both this Terms of Use and the Privacy Policy.

Use of Careuvation Services.

Careuvation Record: Patient’s Careuvation Record with the Careuvation Services is intended to store Patient’s personal health information online and allow the aggregation of Patient health information from other sources, including Service Providers and other Authorized Users.  Health information includes such information as health conditions, allergies and medications.  Authorized Users agree to provide accurate information for Patient’s Careuvation Record, to review that information regularly, and to update that information as needed.  For additional information about the use of the Careuvation Record, please see our complete Privacy Policy.  By sharing Patient’s Careuvation Record with Service Provider(s) and other Authorized Users, Patient understands that Service Providers may include Patient’s information as part of Patient’s medical chart and may share this information in the same ways that the Service Provider shares other information in Patient’s medical chart, including with other healthcare providers.  Some of the data held in Patient’s medical chart by the Service Providers with whom Patient shares Patient’s Careuvation Record also may be added to Patient’s Careuvation Record.  Patient should not assume that a Service Provider has added all the information they have about Patient to Patient’s Careuvation Record.  It is Patient’s responsibility to review and confirm any information in Patient’s Careuvation Record.

Patient may authorize another person (such as a family member) to access Patient’s Careuvation Record in accordance with Careuvation’s Authorized HIPAA Personal Representative policy and form. Patient can also remove a Personal Representatives following those same outlined processes.  Patient must follow the instructions set forth in the Careuvation Services if Patient wishes to authorize or remove a Personal Representative.  Patient has the option of expressing preferences about whether Patient’s Service Provider provides access to Patient’s Careuvation Record to other healthcare providers outside of his or her practice or group; however, Patient’s Service Provider may still exercise his or her independent medical judgment to provide this access to Patient’s Careuvation Record, including in an emergency situation.  It is important to note that even if Patient’s Service Provider does not provide access to Patient’s Careuvation Record to other healthcare providers, Patient’s Service Provider may still disclose the information that is in Patient’s medical chart to other healthcare providers.

Patient acknowledges and agrees that, unless Patient has a written agreement with his or her Service Provider to the contrary, Patient’s Service Provider will not (a) review Patient’s Careuvation Record for accuracy or completeness; or (b) rely on Patient’s Careuvation Record in connection with making treatment decisions.  Patient acknowledges and agrees that all Authorized Users may access Patient’s Careuvation Record and respond to Patient’s inquiries or provide services to Patient via the Careuvation Services as requested by Patient.

Educational Resources:  Patient’s Service Provider and Authorized Users may send Patient information about medical and health related topics.  This information may include medical and health related information, links to other related websites and specific questions about Patient’s Careuvation Record.  Additionally, Careuvation may provide Patient with access to self-care information and general medical and health information. Communications and resources from Careuvation are not comprehensive medical information and may not include relevant or updated information specific to Patient or Patient’s healthcare visits.

Referrals and Communications:  Patient’s Service Provider and Authorized Users may send communications and/or refer Patient as a patient to another healthcare provider.  Communications and referrals may contain personally identifiable and health information about Patient.  Patient’s Service Provider is solely responsible for obtaining authorization or any required consents before disclosing this information.  Careuvation will not change any information contained in referral messages and/or attachments.  We cannot verify them for accuracy or completeness.  Patient’s Service Provider may send messages to healthcare providers who are not registered with Careuvation.  Patient agrees that Careuvation is not responsible for such communications and referrals.

Prescriptions:  Patient agrees that any prescriptions that Patient acquires or requests from Patient’s Service Provider through Careuvation will be solely for Patient’s personal use.  Patient agrees to read all provided product information and labels.  Patient also agrees to contact Patient’s Service Provider if Patient has any questions about Patient’s prescriptions.

Intellectual Property:  Careuvation gives Authorized Users a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading the Careuvation material from the Careuvation website and to use the Careuvation Services and related software or services solely for Authorized Users’ personal, noncommercial use.  With the exception of Patient’s Careuvation Record, Careuvation retains all right, title and interest in and to any Careuvation intellectual property, the Careuvation Services and any content, products, documentation, software or other materials on the Careuvation website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right therein.  Except as explicitly stated in this section, Authorized Users agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Careuvation or its licensors received through the Careuvation Services.  Any copy made of information obtained through the Careuvation site must include the copyright notice. Careuvation does not authorize Authorized Users to use, reproduce, copy, or redistribute Careuvation’s logo(s) without express written permission from Careuvation

Operation and Record Retention:  Careuvation reserves complete and sole discretion related to the operation of the Careuvation Services.  Careuvation may, among other things, withdraw, suspend or discontinue any functionality or feature of the Careuvation Services.  Careuvation is not responsible for transmission errors, corruption, or compromise of data carried over local or interchange telecommunication carriers.  Careuvation is not responsible for maintaining all data created by use of the Careuvation Services.  Careuvation reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Careuvation Services pursuant to its internal record retention and/or destruction policies.  Read more about retention of your information in our complete Privacy Policy.

Limitations on Use:  Authorized Users agree not to access or use the Careuvation Services in an unlawful way or for any unlawful purpose. Authorized Users agree to send e-mails to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. Authorized Users agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains or links to any virus, worm, Trojan horse, malware, spyware, exploit, potentially or actually malicious or destructive code, or any webpage, site, computer, or server containing the same.   Authorized Users also agree not to share password or login credentials with anyone else. Careuvation reserves the right to delete any information that Authorized Users provide or that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

Disclaimers, Limitation of Liability, and Indemnity.

Disclaimer:  AUTHORIZED USERS ACKNOWLEDGE THAT THEIR USE OF THE CAREUVATION SERVICES IS AT THEIR OWN RISK AND THEY ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH THEIR USE OF THE CAREUVATION SERVICES.  ALL INFORMATION OR SERVICES CONTAINED ON OR PROVIDED BY CAREUVATION ARE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, CAREUVATION AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE CAREUVATION SERVICES OR THE USE OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, CAREUVATION AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE CAREUVATION SERVICES WE PROVIDE.

CAREUVATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT:

  • THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR
  • ANY TREATMENT, ACTION, APPLICATION, OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED BY OUR SERVICES.

LIMITATION OF LIABILITY: IN NO EVENT SHALL CAREUVATION BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF $1,000.00. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT WILL CAREUVATION BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE WE OFFER, OR ANY MATERIAL OR INFORMATION CONTAINED IN OR ACCESSED THROUGH OUR WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CAREUVATION IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. IF CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY, THESE LIMITATIONS WILL NOT APPLY IN ANY JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS.

Indemnity:  Each Authorized User agrees to indemnify, defend and hold harmless Careuvation from and against all losses, liability, expenses, damages and costs, including reasonable attorney’s fees, arising out of or related to any breach of this Terms of Use, their relationship with any other Authorized Users, any negligent or wrongful action or omission by such Authorized User related to their use of our Careuvation Services or any negligent or wrongful use of our Careuvation Services (including, without limitation, infringement of third party intellectual property rights or negligent or wrongful conduct) by such Authorized User or any other person accessing their Careuvation account or having access to their Careuvation portal.

Notice, Takedown Procedures, and Copyright Agent:  If Authorized Users believe any materials accessible on or from the Careuvation website infringe their copyright, they may request removal of those materials (or access thereto) from our website by contacting Careuvation’s copyright agent and providing the following information:

  • Identification of the copyrighted work that you believe is used without permission or is copyrighted. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the noted use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Contact Careuvation’s agent for copyright issues as provided for in the Notice section of this Terms of Use.

Term and Termination.

These Terms of Use are effective on the date Authorized Users first access or use the Careuvation Services and/or complete our registration process.  Authorized Users or Careuvation can terminate their right to use the Careuvation Services and these Terms of Use at any time.  If Careuvation ends Patient’s use of our Careuvation Services, with or without cause, we may, but are not obligated to, communicate that termination status to Patient’s Service Provider.  If Careuvation terminates the relationship with Patient’s Service Provider, Careuvation may, but is not obligated to, communicate that to Patient. These Terms of Use and the licenses granted by it will terminate without notice if Authorized Users (or any authorized person using such Authorized User’s account) do not comply with these Terms of Use or the rules for use of the Careuvation Services promulgated by Careuvation from time to time.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Careuvation may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH CAREUVATION, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

Payments and Cancellations

Billing

You may purchase a Paid Subscription directly from Careuvation or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Careuvation Service for a specific time period (“Pre-Paid Period”).

Careuvation may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Careuvation Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

Renewal; Cancellation

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Careuvation or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by clicking here if you purchased the Paid Subscription through Careuvation, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

Patient understands that any information available to Patient’s Authorized Users prior to termination may be retained by them.

General Legal Provisions.

Third Party Sites:  From time to time, Careuvation may include links to third party Internet sites as a convenience for Patient.  The inclusion of a link does not imply endorsement of the linked site by Careuvation and we are not responsible for the content or information contained on any other site.  Any time you visit a third party site, you should review their privacy policy so that you understand how they collect, use, and disclose your personal information.

Third Party Rights:  The indemnification and limitation of liability provisions in these Terms of Use are for the benefit of Careuvation.  Any authorized individuals or entities affiliated with Careuvation have the right to enforce those provisions directly against Authorized Users on their own behalf.

Notice:  Careuvation may provide Authorized Users notice by email to the email address in Patient’s Careuvation Record or as provided on the respective Authorization Form, by a general notice on the Careuvation website, by written communication delivered by first class U. S. mail or express courier to the address on record in the Careuvation Services account information, or by other communication means including SMS or telephone.  In the event that we must notify Patient regarding a potential unauthorized disclosure of Patient’s personal information, we may do so via email.  You may give notice to Careuvation at any time via email to: support@Careuvation.com.

Severability:  The provisions of these Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Entire Agreement:  These Terms of Use, together with the Careuvation Privacy Policy represent the complete agreement between Authorized Users and Careuvation concerning the subject matter thereof.   Together, they replace all prior oral or written communications with you about the Terms of Use and/or Privacy Policy.  Careuvation may modify the Terms of Use from time to time as described above.

Assignment:  Authorized Users may not assign, transfer or delegate this Terms of Use or any part of it without Careuvation’s prior written consent. Careuvation may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

Waiver:  Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing.  No single waiver shall be considered a continuing or permanent waiver.

Governing Law:  These Terms of Use shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any choice of law rules or principles. Any cause of action or claim Authorized Users may have with respect to Careuvation must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.  To the fullest extent permitted by law, each party to these Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from your use of or access to the Careuvation Services or the Careuvation website.