Terms of Use – My Care Central

My Care Central Terms of Use
This document was last updated on July 25, 2019.

Thank you for taking your healthcare journey with us.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE MY CARE CENTRAL APPLICATION (“APP”).

These Terms of Use (“Terms”) are a legal agreement between you and Graham Healthcare Group, Inc. (“GHG”) and its affiliates and subsidiaries, affiliates, and related entities (“Affiliates”) (collectively ”we” or “us”) and apply to your use of the App, and any of the services accessible through the App (“Services”). You must read and agree to these Terms to use the App. For purposes of these Terms, “Patient” refers to the person receiving healthcare services from an Affiliate who is a licensed healthcare provider, or their Caregiver, as such term is defined in the Privacy Policy.

IMPORTANT NOTICES:

The App is intended to help the Affiliates provide better care to Patients. The App can be used on a mobile device with an Apple iOS or Google Android operating system. In some cases, GHG may provide a mobile device to be used with the App. If GHG has provided a mobile device, the use of that mobile device is limited to the uses described in these Terms of Use and the agreement provided with the mobile device.

BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS. DO NOT ACCESS THE APP IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS. PLEASE CAREFULLY READ: (A) THE PRIVACY POLICY DEFINED IN PART 1, SECTION 4, WHICH GOVERNS THE PRIVACY OF YOUR INFORMATION, (B) THE LIABILITY EXCLUSIONS AND LIMITATIONS IN PART 7, SECTION 5, INCLUDING JURY WAIVER PROVISION, AND (C) WARRANTY DISCLAIMERS IN PART 7 SECTION 4 WHICH LIMIT YOUR REMEDIES AND OUR LIABILITY.

PART 1 – ACKNOWLEDGEMENTS

We may modify these Terms from time to time and will post the updated Terms to the App. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not apply retroactively to events that occurred prior to such changes. Your continued use of the App will constitute your agreement to any new provisions within the revised Terms
We may upgrade and update the App at our discretion, including the operating system the App uses and the features and functionality of the App, and App updates may be issued through the applicable App store. In some cases, an update may be critical, and you may not be able to use the App until you have downloaded the latest version of the App and accept any new Terms of Use.
You promise that you own, or have obtained permission from the owners of, the mobile telephone or handheld devices (such as the Apple iPhone or Samsung Galaxy) (“Device(s)”) that you are using to access the App. You understand that there may be charges related to internet access or data usage on the Devices that are imposed by the Internet Service Provider used by the Device. You accept responsibility in accordance with these Terms for the use of, and all charges, fees, or taxes related to the use of, the App or in relation to any Device, including texting and internet access fees, as well as data rates, whether or not the Device is owned by you.
Our Privacy Policy describes how we collect and use personal information about you in and through the App.
You will be solely responsible, at your own expense, for acquiring, installing, maintaining and updating all connectivity capabilities, including equipment as may be necessary for your Device to connect to, access, and use the App as permitted by these Terms.
The App may use location data sent from Devices. Where this feature applies you can turn off this functionality at any time by turning off the location services settings in the App on the Device. If you use the App without turning off location services, you consent to us and our affiliates’ and licensees’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based products and/or services. You may withdraw this consent at any time by turning off the location services settings on the Device by accessing the notification section of the App. However, even if you turn off location services, if we have provided the Device to you, we may install software on the Device that allows us to track the device and clean off (“wipe”) any data on the Device in the event it is lost or the Patient is no longer receiving healthcare services from us. By accepting the Device, you are also accepting this tracking.
We may from time to time provide automatic alerts and voluntary account-related alerts via email, SMS, or mobile device notifications. Automatic alerts may be sent to you following certain changes to your account or other information. Voluntary Account alerts may be turned on by default as part of the App. They may then be customized, deactivated or reactivated by you. We may add new alerts from time to time, or cease to provide certain alerts at any time in our sole discretion. You understand and agree that any alerts provided to you through the App may be delayed or prevented by a variety of factors. We may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. You may choose to have alerts sent to a mobile device that accepts text messages, which may be subject to additional message and data rates and you are responsible for such charges. To opt-out of receiving alerts via text message, you should follow the instructions provided within the text communication. To opt-out of receiving email notifications you should follow the unsubscribe instructions in the email you receive. Please note that certain messages we send are necessary for the proper functioning and use of the App and you may not have the ability to opt-out of those messages.
A valid email address/user name and password is required to set up an account to use the App. You are responsible for maintaining the confidentiality of your user name and/or password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You must promptly notify us by email at info@mycarecentral.com of any known or suspected unauthorized use(s) of your account. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the App on behalf of a Patient, then you represent and warrant that you have the authority to bind the Patient to these Terms. To the extent you do not have such authority you agree to accept all liability for any harm resulting from your access or use. We reserve the right to refuse service, to suspend service, and/or terminate accounts without prior notice if we decide, in our sole discretion, to do so.

The App may contain links to other independent third-party websites. Third-party websites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any third-party websites, including the purchase and use of any products or services accessible through them.

Any words following the terms “including,” “include,” “in particular,” “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

PART 2 – MEDICAL DISCLAIMER

THE APP SHOULD NOT BE USED FOR EMERGENCY COMMUNICATIONS. IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THIS APP IS NOT INTENDED TO PROVIDE MEDICAL ADVICE TO PATIENTS. YOU SHOULD CALL YOUR DOCTOR OR LOCAL EMERGENCY SERVICES IF YOU SUSPECT YOU MAY HAVE A MEDICAL Our technical support personnel are not authorized to tell you about the substance, meaning, or possible consequences of your use of any functionality, features, or data accessible on the App.

Always seek the advice of your physician or other qualified healthcare provider before starting any new treatment or stopping an existing treatment. Talk with your healthcare provider about any questions you may have regarding a medical condition. Nothing contained in this App is intended to be used for medical diagnosis.

Not a Substitute – The information provided in this App should not be used as a substitute for the care and knowledge that your doctor can provide to you.
Supplement – The information in this App is meant to supplement the information that you obtain from your doctor. If there is a disagreement between the information presented here and what your doctor has told you, confirm with your doctor your understanding of the information. Follow your physician’s advice.
Limitations – You should recognize that the information, functionality, and features in this App have the following limitations, in comparison to being examined by your own doctor:

You can talk with your doctor.
Your doctor can examine you and do any needed tests.

You may have a hidden serious medical problem that only a doctor can find and diagnose.

Each person is unique, and the resources provided on the App may be based on general descriptions of health conditions.
If you are taking medicines, they could affect how you experience various symptoms.

PART 3 – GRANT AND SCOPE OF LICENSE

In consideration of your agreement to abide by these Terms, we grant you a nontransferable, non-exclusive, non-sublicensable, limited, revocable license to use the App on the Device, subject to these Terms and our Privacy Policy. All written content prepared and posted by us, the App design, layout, appearance and graphics on the App, as well as the trademarks, service marks, and logos contained on our App (our “Content”) is owned or licensed by us and is subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. We reserve all other rights in expressly granted in, and to, the App and the Content.
You may download the App onto a Device to view, use, and/or display the App for the sole purpose of supporting the care of a Patient with whom you have a relationship (either as the Patient, or a family or friend of the Patient that is involved in the care of the Patient) being treated by an Affiliate. Any other use is prohibited.

PART 4 – LICENSE RESTRICTIONS

Except as expressly set out in these Terms, you agree:

not to copy the App;
not to rent, lease, sub-license, loan, translate, transfer, merge, adapt, vary or modify the App;
not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
not to recreate, disassemble, decompile, reverse-engineer, create derivative works or otherwise attempt to obtain the source code, based on the whole or any part of the App;
to keep the App secure;
not to modify or attempt to modify any data that is controlled or provided via the App, unless the App is specifically designed to permit You to modify such data;
not to remove, modify or obscure any copyright, trademark, service mark, tagline or other notices that appear during use of the App;
not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
not to transfer data from the App in violation of any applicable patient privacy laws and regulations attempt to circumvent or otherwise disable any security or data protection measures implemented by us;
not to access, use, or copy any portion of the App to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive to the App; and
to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App (“Technology”), together with these License Restrictions; you promise that you not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a terrorist supporting country, and are not listed on any U.S. Government list of prohibited or restricted parties.

PART 5 – ACCEPTABLE USE RESTRICTIONS

You must:

keep any activation and/or session codes or passwords confidential and not disclose them to any other person;
not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App;
not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security, another party’s systems or security, or interfere with other users;
not introduce into the App any virus, time bomb, ransomware, or other malicious or destructive code designed to permit unauthorized access to the App, or otherwise harm users, Content or any third parties.
use the App in a manner that complies with all applicable law, including in relation to harassment, data protection, privacy, and medical secrecy, and any other violation of law, criminal or civil; and
not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any service.

PART 6 – YOUR CONTENT AND SUGGESTIONS

The App includes features that involve information that you upload, submit, store, or send through the App (e.g., questionnaire content) (“Your Content”). This Section provides the terms and conditions governing your use of such features.
Unless otherwise limited by our Privacy Policy, by submitting Your Content to the App, you grant us an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Your Content and the irrevocable right to sublicense Your Content with the sublicensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and prepare derivative works of, Your Content (in whole or in part and including any such derivative works) and to incorporate Your Content into other works in any format or medium now known or later developed. You represent and warrant that you have the necessary rights to Your Content, including the right to assign or grant a license to your rights in these Terms. Please do not submit Your Content to the App if do not wish to grant us the rights set forth in this Section. This Section will survive the termination of these Terms.
We welcome your comments regarding the App, our Content, and our Services. In addition to the license you grant to us above, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the App and our Services (including any related technology), whether you send such information or materials to us through the App or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any such information or materials in any manner. Please do not send us such information or materials if you do not wish to grant us the rights set forth in this Section.
Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. We further reserve the right to monitor, delete or modify any of Your Content that we deem offensive, inappropriate, advertising, illegal, off-topic or otherwise violates these Terms. We further reserve the right to terminate a user’s access to the App, for any reason, at its sole discretion. We reserve the right to take any action we deem necessary to protect the personal safety of our guests or the public. We have no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.

PART 7 – OTHER LEGAL MATTERS

Subject to applicable law, we may terminate or suspend your license to the App at any time by giving you 30 days written notice. We may terminate or suspend your license to the App immediately: (a) if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable in our sole discretion) within 14 days after the service of written notice requiring you to do so; (b) if you breach any of the License Restrictions or the Acceptable Use Restrictions; or (c) if it is necessary to do so to protect the rights of any third party, or to comply with law. We will attempt to provide written notice, but in some cases, notice may be provided by a notice on a website, if available.
Effect of Termination. On termination for any reason: (a) all rights granted to you under these Terms shall cease; (b) you must immediately cease all activities authorized by these Terms, including your use of the App; (c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and (d) we may cease to provide you with access to the App. In certain cases, we may delete the App and any data from the Device.
Proprietary Rights. You acknowledge that all intellectual property rights in the App and the Content anywhere in the world, including any improvements or derivative works of the App and Content created by you or any third party, belong to us or our licensors and are solely for our use and benefit subject to the limited license granted to you in these Terms, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Content other than the right to use each of them in accordance with these Terms. You acknowledge that you have no right to have access to the App in source-code form.
Warranty Disclaimers. We do not warrant that your use of the App will be error-free or uninterrupted. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THE APP, OR THE DATA, INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE APP.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES AND IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE APP IS ACCURATE, COMPLETE OR CURRENT OR THAT THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR THAT THE APP WILL OPERATE IN A COMPLETELY SECURE MANNER.

While we use commercially reasonable safeguards to protect data, such as encrypting data while stored locally on our servers and in transit, we do not guarantee the privacy, security, authenticity or integrity (accuracy and non-corruption) of any information transmitted through or stored on any system or Device connected to the internet.

LIABILITY EXCLUSIONS AND LIMITATIONS. EXCEPT AS PROVIDED BELOW, WE WILL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE APP OR THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING INCLUDING NEGLIGENCE), LOSS OF USE, LOSS OF DATA OR OTHER INFORMATION, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO DIRECT DAMAGES NOT EXCEEDING $5 USD. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your Devices or other equipment, failure of mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of God.

Nothing in these Terms shall limit or exclude our liability for any liability that cannot be excluded or limited under law.

We are also not responsible for any loss arising from the transmission, use of data, or inaccurate data provided by third party service providers or third parties that have links that can be accessed through the App. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the App is free of viruses or other harmful components.

You agree to indemnify, defend, and hold harmless us from any claim, demand, damages or other losses, including reasonable attorneys’ fees, arising out of: (i) your use of the App; (ii) alleging that any information that you submit to the App infringes a copyright, patent, or trademark or misappropriates a trade secret of a third party; (iii) related to any act or omission by you which is a breach of your obligations under these Terms; and (iv) your use of information obtained through the App.

You will have the right to defend and compromise such claim at your expense for the benefit of us, provided, however, you will not have the right to obligate us in any respect in connection with any such settlement without our prior written consent. Notwithstanding the foregoing, if you fail to assume your obligation to defend, we may do so to protect our interests and you will reimburse all costs incurred by us in connection with such defense.

YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY RELATED TO ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Notices under these Terms must be in writing and delivered either: (a) to a street address by Registered, Certified, or Express Mail (with return receipt) or (b) by a national reputable overnight delivery service that provides certification of delivery. Address all such notices to the Legal Department, 5440 Corporate Dr., Suite 400, Troy, MI 48098, United States. If we have to contact you or give you notice in writing, we will do so by e-mail (where this has previously been provided to us) or by pre-paid post to the address you provide to us in your request for the App. For notices that affect all Users, we may post the notice on a pop-up screen on the App or on a website accessible through the App.
Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks, failure of power, natural disaster, strike, or other interruption in services. If an force majeure event occurs that affects the performance of our obligations under these Terms: (a) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event; and (b) we will use reasonable efforts to find a solution by which our obligations under these Terms may be performed despite the Force Majeure event.
Transfer of Rights. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect, so long as the general intent of the Terms is accomplished. If the general intent of the Terms cannot be accomplished given the unenforceability of one or more provisions of these Terms, such provision, and any other provisions of these Terms, shall be reformed so as to accomplish the intent of the Terms.
No part of these Terms or any related document will be construed against or interpreted to the disadvantage of any party by a court or other authority by reason of that party having drafted that part or imposed its inclusion. The requirements, restrictions, disclaimers, and limitations in these Terms shall be subject to, and construed to be consistent with, applicable law. The parties agree that the English language will be the official language of these Terms. If there is any conflict, apparent conflict or ambiguity between the English language and the translated language, the wording of the English language shall prevail.
Entire Agreement. These Terms constitutes the entire agreement between you and us and supersedes all prior and contemporaneous agreements or communications.
Governing Law and Jurisdiction. These Terms and any claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of Michigan, USA, without regard to its conflicts of law provisions. Exclusive venue and jurisdiction for any dispute arising out of these Terms of Use shall be the federal or state courts for Troy, Michigan, USA.
DMCA Notice and Takedown Procedures. If You believe any materials made available by or incorporated into the App infringe your copyright, you may request removal of those materials (or access thereto) by contacting the copyright agent identified below and providing the following information:
Identification of the copyrighted work that you believe to be infringed, including a description of the work, and the location of an authorized version of the work.
Identification of the alleged infringing material and its location in sufficient detail to allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of 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 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.

The agent for copyright issues relating to the App is:

_______________________

Survival. Those provisions that are intended to survive the termination of these Terms shall survive.
Contact Us. If you have any questions or need to contact us for any reason relating to these Terms, please e-mail info@mycarecentral.com.

These Terms of Use have been entered into on the date upon which the App was downloaded for your use.