We are CarePredict, Inc. (“CarePredict,” “us” or “us”). Our service includes our website www.carepredict.com and related websites, mobile applications and other services we provide (collectively, the “One Service”). These terms of use constitute a legally binding contract between you and CarePredict regarding your use of the service.

OUR SERVICE IS NOT INTENDED FOR EMERGENCIES. IF YOU HAVE A SERIOUS MEDICAL CONDITION OR DIAGNOSIS, OR IF YOU THINK YOU ARE IN ANY DANGER, PLEASE CALL 911 OR THE APPROPRIATE EMERGENCY RESPONDERS.

BY CLICKING “I ACCEPT” OR BY DOWNLOADING, INSTALLING OR ACCESSING OR USING THE SERVICE, YOU ACCEPT THAT YOU HAVE READ AND UNDERSTOOD AND, AS A CONDITION FOR YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, ACCORDING TO THE TERMS AND CONDITIONS, INCLUDING CAREPREDICT’S PRIVACY POLICY (TOGETHER, THESE “CONDITIONS”). IF YOU ARE NOT ELIGIBLE OR DO NOT ACCEPT THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE AND THE PROVISION OF THE SERVICE BY CAREPREDICT CONSTITUTES AN AGREEMENT OF CAREPREDICT AND YOU ARE BOUND BY THESE CONDITIONS.

AS DESCRIBED BELOW, THESE CONDITIONS PROVIDE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. overview. The service is an associated device and software platform that helps our users and/or their families identify patterns of activity and behaviour that can predict health problems, including (i) providing users with access to information about their activity and behaviour or their family members. possible health models and problems, suggest changes in activity levels, provide links to wellness information, reminders, assessments, surveys and related information (collectively, “Wellness Information”) and (ii) enable users to communicate with third parties, family members, friends, neighbours, health care providers, emergency response systems, first responders, home care agencies, care markets, care matching agencies, care registries, geriatric counsellors, wellness counsellors, health coaches, self-help communities, assisted living communities, dementia care communities , PACE centres and associated professionals (collectively, “Care Circle”). As described in more detail below, information about well-being and the service itself does not constitute medical advice or other professional health advice. If you use the service for health care advice, your informed consent will be required.
2. admissibility. You must be at least 18 years old to use the Service. By agreeing to these conditions, you declare and guarantee that: (a) you are at least 18 years old; (b) you have not been previously suspended or removed from service; and (c) your registration and use of the service comply with all applicable laws and regulations. If you use the services on behalf of an individual, company, entity or organization (each, an “organization”), you declare and guarantee that (i) you are an authorized representative of this organization with the power to link that organization to these conditions, (ii) agree to be bound by these conditions on behalf of this organization, and (iii) your organization meets the eligibility requirements for the services, as defined in these conditions. In addition, you will be solely responsible for your organization’s compliance with these conditions.
3. Accounts and registration. If you sign up directly for the service with CarePredict, you must sign up for an account (or allow CarePredict to register an account in your name). As part of the registration process, you will be asked to select a username and password (your “identification information”). You are fully responsible for maintaining the security and confidentiality of your account and password. You agree to notify CarePredict immediately of any unauthorized use of your account or any other security breach. To let us know, please contact us at [email protected]. You are responsible for any use of the services under your username and for all content published in your profile or with your account elsewhere on the Services. You are responsible for keeping your password confidential and informing us if your password has been hacked or stolen. CarePredict will not be responsible for any loss you may suffer from someone else using your password or account, whether you know it or not. You may be liable for any losses incurred by CarePredict or another party as a result of someone else using your account or password. You agree to compensate, defend and clear CarePredict and its customers, suppliers, affiliates, employees, directors and agents of any claim, loss, damage and other harm resulting from the unauthorized use (including, without limitation, the use by a person or entity other than you, and any use not expressly authorized by these conditions) of your credentials.
4. No medical advice.
5. THE SERVICE DOES NOT PROVIDE ANY MEDICAL ADVICE OR OTHER HEALTH CARE PROFESSIONALS; NOR IS IT INTENDED TO BE USED TO ASSESS HEALTH CONDITIONS OR REPLACE PROFESSIONAL MEDICAL ADVICE, OR TO RELY ON DIAGNOSIS OR TREATMENT. Any information about the well-being you receive via the service is not medical advice and is not reviewed or authorized by a doctor or health professional. The use of the Service does not create or is intended to create or establish a physician-patient relationship with CarePredict, its officers, directors, employees, independent contractors, agents or anyone acting on behalf of CarePredict. The use of the service may offer some potential benefits (for example, automated reminders to engage in certain activities), but also presents some potential risks (for example, Wellness Information does not take into account all the specifics of each user’s medical history, the service is not able to exercise medical judgment, safety protocols could fail , resulting in a breach of the privacy of personal information, delays could be caused by equipment malfunctions or connections).
6. BY ACCEPTING THESE CONDITIONS, YOU DECLARE AND GUARANTEE THAT YOU HAVE THE OPPORTUNITY TO CONSIDER THE RISKS AND BENEFITS OF USING THE SERVICE, INCLUDING WELFARE INFORMATION, AND THAT YOU HAVE PROVIDED VOLUNTARY INFORMED CONSENT TO THE USE OF THE SERVICE AND THE PROVISION OF THE SERVICE TO YOU.
7. Your information will be used in accordance with the provisions of these conditions, the privacy policy and the applicable law. If a third party has registered you for the service, the information collected from you may be passed on to the third party for the purposes of the service or its affiliates, subsidiaries or related parties providing services. By agreeing to these conditions, you consent and authorize the use and disclosure of your information collected as part of the service. Your permission for the use and/or disclosure of this information will be in effect until you withdraw your permission. You can withdraw your permission at any time by writing to us [email protected]. If you withdraw your permission for the use and disclosure of your information, you will no longer be able to use the service and the collection, use and disclosure of new information will cease. However, the information already collected can still be used and disclosed in accordance with applicable law
8. Licenses
9. License limited. Subject to your complete and continuous compliance with these conditions, CarePredict grants you, only for your personal and non-commercial use, a limited license, not exclusive, non-transferable, non-licenciable and revocable for: (a) install and use a copy of object code from any mobile application associated with the Service obtained from a legitimate market (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device you own or control; and (b) access and use the Service.
10. License restrictions. Except and only to the extent that such a restriction is inadmissible under the applicable law, you cannot: (a) reproduce, distribute, publicly display or publicly execute the Service; (b) make changes to the Service; Yes (c) interfere with or bypass any functionality of the Service, including any security or access control mechanism. If you are prohibited from using the Service under applicable law, you cannot use it.
11. feedback. If you choose to provide comments and suggestions regarding problems or proposals for changes or improvements to the Service (“comments”), you hereafter grant CarePredict an unlimited, perpetual, irrevocable, non-exclusive, fully paid and royalty-free right to use the Comments in any way and for any purpose without compensation to you, including to improve the Service and create other products and services.
12. Property; Property rights. The Service is owned and operated by CarePredict. Visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Service (“material”) provided by CarePredict are protected by property and other laws. All materials included in the service are owned by CarePredict or its third-party licensee. Unless expressly authorized by CarePredict, you cannot use the equipment. CarePredict reserves all rights to material not expressly granted under these conditions.
13. Third-party conditions
14. Third-party services and related websites. CarePredict can provide tools and facilities via the service that allow you to export user-derived content (defined below) to third parties. If you use these tools or facilities, you agree that CarePredict may transfer this information to the applicable third-party service you provide. Third-party services are not under the control of CarePredict and CarePredict is not responsible for the use of your information exported by a third-party service. The Service may also contain links to third-party websites. Related websites are not under the control of CarePredict and CarePredict is not responsible for their content.
15. Third-party software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients extended rights to copy, modify and distribute these components (“Third Components”). Although the Service is provided to you subject to these conditions, there is nothing in these conditions that prevents, restricts or intends to prevent or restrict the acquisition of third-party components under applicable third-party licenses or to limit your use of third-party components under these third-party licenses.
16. Consent to electronic communications and text messaging
17. Consent to electronic communications. By using the services or providing us with Personal Information (as defined in the Privacy Policy), you agree that we may communicate with you electronically regarding security, confidentiality and administrative issues related to your use of the services. If we learn of a breach of the security system, we may try to notify you electronically by posting a notice about the service or by sending you an email, if we have your email address. You may have the legal right to receive this notice in writing. To receive a free written notification of a security breach (or to withdraw your consent to receive an e-notice), please email us at [email protected].
18. SMS text messages and push notifications. When you sign up for CarePredict, CarePredict can send you an SMS with a code to verify your phone number or identity and can send SMS and push notifications (“messages and notifications”) to keep you informed of the services. By using the services, you agree to receive messages and notifications about your use of the services. SMS text messages are for informational purposes only. While messages and notifications are intended to improve your use of services, you can (i) turn off push notifications on your device and/or (ii) send an email to [email protected] to remove you from our text message database. Depending on your current carrier plan, you may incur a fee for these messages and notifications and agree that you will not maintain or participate in any action to hold CarePredict liable for the costs incurred. You acknowledge that the terms between you and any third-party provider (such as, for example, Apple®, Android ™, T-Mobile or Google) do not create any obligation or liability on the part of CarePredict, and that CarePredict is not liable for any warranty failure by such a third party. CarePredict cannot control certain factors related to the delivery of messages. You acknowledge that depending on your mobile operator’s service and/or the availability of local Wi-Fi and the availability of the Internet, it may not be possible to send you messages and notifications successfully. We have no responsibility for delays in transmission or failure to deliver messages and notifications.
19. User-derived content
20. User-derived content certain features of the service allow CarePredict users to download or publish content on the service, either manually or via automated data collection from a portable device, including activity, location, behavior pattern, temperature, humidity, arm position, body posture, sleep data, step count, body function , heart rate, blood pressure, blood oxygen levels, audio, data, comments, photos, video, images, text, likeness, messages, chats and other types of works (“user Content derived”). You retain all rights you may hold on user-derived content that you download from the service. You heresy consent to the access, use and processing of CarePredict of your user-derived content for the purpose of providing the service.
21. Limited license to CarePredict. By downloading user-derived content, you grant CarePredict a global, perpetual, non-exclusive, transferable, rights-free and fully paid right (with sublicensing right) to host, store, transfer, display, perform, reproduce, create derived works, edit for formatting purposes and use your user-derived content in an anonymous form, in whole or in part. , in all uses now known or developed later in accordance with all applicable laws and regulations and in accordance with your account settings and the functionality of the service you choose to use.
22. Limited licensing to other users. By downloading user-derived content that is shared with other users of the service, as a function of the service, you grant those users a non-exclusive license to access and use this user-derived content as permitted by these terms and functionality of the service. . You also acknowledge and accept that CarePredict will not generally perform any editorial function on user-derived content and will not be responsible for the actions of other users or third parties who download user-derived content or use user-derived content on which you download the service.
23. Use data. You agree that CarePredict may collect and use technical data and related information, including, but not limited to, UDID, and other technical information about your device, system, location, IP address and application software, and devices, which are collected periodically to facilitate the provision of software updates, product support and other services (if any) related to the service. , and to track and report your activity within the service, including for analysis purposes. Please see the privacy policy for more details about the information carePredict collects and how it uses and discloses this information.
24. Restrictions; Data retention. You agree that CarePredict assumes no responsibility for any user-derived content that is processed, transmitted, disclosed or stored in connection with the service. CarePredict is not responsible for the execution, and is not responsible for any failure to perform, any backup of any user-derived content provided, processed or stored in or via the service.
25. Statements and guarantees of user-derived content. You are solely responsible for your user-derived content and the consequences of downloading user-derived content. By downloading user-derived content, you affirm, declare and guarantee that: (A) you are the creator and owner of user-derived content, or have the licenses, rights, consents and permissions necessary to authorize CarePredict and other CarePredict users of the service to use and distribute your user-derived content if necessary to license the licenses you have granted in this section, in the manner envisaged by CarePredict, the service and these conditions; and (B) your user-derived content, and the use of your user-derived content as provided by these conditions, will not and will not: (i) infringe, violate or misappree any rights of third parties, including any copyright, trademark, patent, trade secret, moral right, right to privacy, right of publicity or any other intellectual property or property rights; (ii) slander, defame, defame or infringe on the right to privacy, publicity or other property rights of any person or organization; Yes (iii) cause CarePredict to violate a law or regulation.
26. Disclaimer for user-derived content. We have no obligation to modify or control user-derived content that you or other CarePredict users download and will not be responsible for user-derived content. CarePredict may, however, at any time and without notice, remove or block any user-derived content that we have reason to believe, in our judgment alone, violates these conditions, violates applicable law or is otherwise objectionable. You understand that when you use the service, you will be exposed to user-derived content from various sources and recognize that user-derived content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and waive, any legal or fair rights or remedies that you have or may have against CarePredict with respect to user-derived content. We expressly disclaim any responsibility for user-derived content. If a user or content owner is informed that the user-derived content does not comply with these conditions, we may investigate the claim and determine at our sole discretion whether to remove user-derived content, which we reserve the right to do at any time and without notice. For clarity, CarePredict does not authorize copyright-infringing activities on the Service.
27. Sending messages. The Service can allow CarePredict users to exchange messages (“messages”) with each other. Harmful, obscene, abusive or offensive communications are not welcome in any message. If a user sends you a reprehensible message, please let us know by sending an email to [email protected]. You must exercise discretion, common sense and judgment when sending a message. You are solely responsible for the content of any message you send. You agree that CarePredict can monitor the compliance of messages with these conditions. You hereafter grant us a transferable, sub-licentable and irrevocable license to reproduce and transmit your messages as part of the facilitation of the transfer to the intended recipient through the service and for any other purpose that CarePredict may deem appropriate at its sole discretion.
28. Prohibited driving. BY USING THE SERVICE, YOU AGREE NOT TO:
29. Use the Service for illegal purposes or in violation of any local, state, national or international law;
30. violating, or encouraging others to violate, any right of a third party, including by infringing or diverting any intellectual property rights from a third party;
31. interfere with service security features, including: (i) disabling or bypassing features that prevent or limit the use or copying of any content; Yes (ii) reverse engineering or an attempt to discover the source code of any part of the service, except to the extent that the activity is expressly authorized by applicable law;
32. interfere with the operation of the service or the enjoyment of any user of the service, including: (i) downloading or spreading any virus, adware, spyware, worm or other malicious code; (ii) make an unsolicited offer or advertisement to another user of the Service; (iii) collect personal information about another user or a third party without consent; Yes (iv) interfere with or disrupt any network, equipment or server connected or used to provide the service;
33. perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other service account without authorization, or falsifying your age or date of birth;
34. otherwise sell or transfer access under these conditions or any material (as defined in Section 6) or any rights or ability to view, access or use any Material; Yes
35. attempt to perform any of the acts described in this section or assist or allow anyone to engage in any of the acts described in this section.
36. Changing these conditions. We reserve the right to change these conditions at any time at any time with 7 days’ notice. Please check these conditions periodically for changes. If a change in these conditions materially changes your rights or obligations, you will have to accept the amended terms in order to continue using the service. The hardware changes are effective as soon as you accept the amended conditions. Intangible changes are effective as soon as they are published. Except in cases expressly authorized in this section, these conditions can only be changed by a written agreement signed by the authorized representatives of the parties to these conditions. Disputes arising from these conditions will be resolved in accordance with the version of these Terms that was in effect at the time of the litigation.
37. Duration, termination and service change
38. These conditions apply from the time you agree to the terms or when you download, install, access or use the service for the first time, and end when they are terminated as described in this section.
39. If you violate a provision of these conditions, your authorization to access the service and these conditions automatically ends. In addition, CarePredict may, at its sole discretion, terminate these conditions or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or without reason, with or without notice. You can terminate your account and these terms at any time by clicking the Delete Account button on your account or by contacting customer service at
    [email protected].
    
40. Effect of termination. Upon termination of these conditions: (a) your licence fee will end and you must immediately cease all use of the Service; (b) you will no longer be allowed access to your account or service; (c) you must pay CarePredict any unpaid amount that was due prior to termination; and (d) sections 1, 2, 4, 5.3, 6, 9, 12.3, 13 to 26.
41. Changing the Service. CarePredict reserves the right to change or discontinue the Service at any time (including limiting or interrupting certain features of the service), temporarily or permanently, without notice. CarePredict will have no responsibility for any service changes or suspension or termination of your access or use of the Service.
42. indemnity. You are responsible for your use of the service, and you will defend and compensate CarePredict and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “CarePredict Entities”) of and against any claim brought by a third party, and any liability, damage, loss and related expenses, including reasonable legal fees and expenses, arising from or related to: (a) your use or misuse of the Service; (b) your violation of any part of these Terms, any representation, guarantee or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party rights, including any intellectual property or advertising rights, confidentiality, other property or privacy rights; Yes (d) any dispute or problem between you and a third party. We reserve the right, at our own expense, to assume exclusive defence and control of any matter otherwise subject to compensation on your part (without limiting your compensation obligations in this regard), and in this case, you agree to cooperate with our defence of these allegations.
43. Notice of non-responsibility; No CAREPREDICT guarantee IS NOT A HEALTH CARE AND CAN’T AND CAN’T DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. CAREPREDICT DOES NOT PROVIDE ANY ENDORSEMENT, REPRESENTATION OR ASSURANCE THAT ANY PARTICULAR RECOMMENDATION OR TREATMENT IS OR WILL BE SAFE, EFFECTIVE OR APPROPRIATE FOR YOU. DO NOT USE THE MEDICAL EMERGENCY DEPARTMENT. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY (OR THE EQUIVALENT CONTACT NUMBER FOR EMERGENCY SERVICES IN YOUR AREA). CAREPREDICT IS NOT RESPONSIBLE FOR DELAYED RESPONSE TIMES OR TECHNICAL DIFFICULTIES ENCOUNTERED THROUGH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR KEEPING YOUR INFORMATION, USER-DERIVED CONTENT AND WELLNESS INFORMATION UP TO DATE.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE BY THE SERVICE ARE PROVIDED “AS IS” AND ON A “AS AVAILABLE” BASIS. CAREPREDICT DISCLAIMS ANY GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE BY THE SERVICE, INCLUDING: (A) ANY IMPLICIT GUARANTEE OF MARKET QUALITY, OF ADAPTING TO A PARTICULAR TITLE, OF ADEQUACY TO A PARTICULAR NON-INFRINGING TITLE; and (B) ANY GUARANTEES ARISING FROM NEGOTIATION, USE OR TRADE. CAREPREDICT DOES NOT GUARANTEE THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIAL OR CONTENT OFFERED BY THE SERVICE, WILL BE UNINTERRUPTED, ACCURATE, SECURE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL ELEMENTS, AND CAREPREDICT DOES NOT GUARANTEE THAT ANY OF THESE PROBLEMS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ENTITIES OF CAREPREDICT OR ANY MATERIAL OR CONTENT AVAILABLE BY THE SERVICE WILL CREATE ANY GUARANTEE REGARDING ANY OF THE CARE ENTITIES OR SERVICE THAT IS NOT EXPRESSLY STATED IN THESE CONDITIONS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR TREATMENT WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND ACCEPT THAT YOU USE ANY PART OF THE SERVICE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY PHYSICAL DAMAGE, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER-DERIVED CONTENT. HOWEVER, CAREPREDICT DOES NOT REJECT ANY GUARANTEE OR OTHER RIGHT TO PROHIBIT CAREPREDICT UNDER APPLICABLE LAW.

15. Responsibility in any ADSED TO be A for the United States , WHETHER IT IS BASED ON WARRANTY, CONTRACT, HARM (INCLUDING NEGLIGENCE), STATUTES OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A CAREPREDICT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 16.4 (III) AND TO THE FULL EXTENT AUTHORIZED BY LAW, THE OVERALL LIABILITY OF THE CAREPREDICT ENTITIES TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE ANY PART OF THE SERVICE OR OTHERWISE UNDER THESE CONDITIONS, WHETHER IN THE CONTRACT, THE WRONG OR OTHERWISE. , IS LIMITED TO THE LARGEST OF: (A) THE AMOUNT YOU PAID CAREPREDICT FOR ACCESS AND USE OF THE SERVICE WITHIN 2 MONTHS OF THE EVENT OR THE GIVEN CIRCUMSTANCE INCREASE TO CLAIM; Yes (B) $100.

EACH PROVISION OF THESE CONDITIONS PROVIDES A LIMITATION OF LIABILITY, AN EXCLUSION OF GUARANTEES OR AN EXCLUSION OF DAMAGES IS INTENDED TO AND DISTRIBUTES THE RISKS BETWEEN THE PARTIES UNDER THESE CONDITIONS. THIS DISTRIBUTION IS AN ESSENTIAL PART OF THE BASIS FOR NEGOTIATION BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEPARABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE CONDITIONS. THE LIMITATIONS OF THIS SECTION 15 WILL APPLY EVEN IF A LIMITED REMEDY ESCAPES ITS ESSENTIAL OBJECTIVE.

16. Dispute resolution and arbitration
17. generally. In the interest of resolving disputes between you and CarePredict in the fastest and most cost-effective manner, and except as described in section 16. 2, you and CarePredict agree that any disputes adjudicating in connection with these Terms will be resolved through binding arbitration. Arbitration is less formal than legal action. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for a more limited discovery than in a court of law, and may be subject to very limited judicial scrutiny. Arbitrators may award the same damages that a court can award. This dispute arbitration agreement includes all claims arising from or related to any aspect of these conditions, whether based on a contract, misdemeanour, law, fraud, misrepresentation or other legal theory, and regardless of whether a claim occurs during or after the termination of those conditions. YOU UNDERSTAND AND ACCEPT THAT, BY PARTICIPATING IN THESE CONDITIONS, YOU AND CAREPREDICT EACH WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
18. Exceptions. Despite the provisions of Section 16.1, nothing in these conditions will be deemed to waive, exclude or otherwise limit the right of either party to: (a) bring an individual action in the Small Claims Court; (b) initiate coercive action through the relevant federal, state or local agency if such action is available; (c) seek an injunction in court to assist with arbitration; Yes (d) sue in court to deal with a claim for intellectual property infringement.
19. referee. Any arbitration between you and CarePredict will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules (collectively, the “AAA rules”) as amended hereafter. AAA rules and filing forms are available online at http://www.adr.org/. The arbitrator has the exclusive power to resolve any dispute over the interpretation, applicability or enforceability of this binding arbitration agreement.
20. Notice of arbitration; process. A party intending to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. mail or Federal Express (signature required) or, only if that other party has not provided a current physical address, electronically. (“Notice of Arbitration”). CarePredict’s notification address is: CarePredict, Inc., 324 S. University Drive, Plantation, Florida USA 33324. The notice of arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) state the specific remedy requested (“Request”). The parties will make good faith efforts to resolve the claim directly, but if the parties fail to reach an agreement to do so within 30 days of receiving the notice of arbitration, you or CarePredict may initiate arbitration proceedings. During arbitration, the amount of any settlement offer made by you or CarePredict should not be disclosed to the arbitrator until the arbitrator has made a final decision and an award, if any. If the dispute is ultimately resolved by arbitration in your favour, CarePredict will pay you the highest of the following amounts: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount proposed by CarePredict to resolve the dispute prior to the arbitrator’s decision; or (iii) $1,000.
21. fresh. If you commence arbitration in accordance with these Terms, CarePredict will reimburse you for the payment of the deposit fee, unless your claim exceeds $1000, in which case the payment of the fees will be decided by the AAA Rules. Any arbitration hearing will be held at a suitable location in Broward County, Florida, but if the claim is $1,000 or less, you can choose whether the arbitration will be conducted: (a) only on the basis of the documents submitted to the arbitrator; (b) through a telephone hearing without appearance; Yes (c) by a face-to-face hearing as established by AAA rules in the county of your billing address. If the arbitrator finds that the merits of your claim or the remedy sought in the application are frivolous or for an inappropriate purpose (as measured by the standards set out in the Federal Civil Procedure Rule 11 (b)), then the payment of all fees will be governed by the AAA rules. In this case, you agree to reimburse CarePredict for any money already paid by CarePredict that is otherwise your obligation to pay under the AAA rules. Regardless of how the arbitration is conducted, the arbitrator must make a given reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make decisions and resolve disputes relating to the payment and reimbursement of expenses or expenses at any time during the proceedings and at the request of one of the parties within 14 days of the arbitrator’s decision on the merits.
22. No class actions. YOU AND CAREPREDICT AGREE THAT EACH CAN MAKE CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY OR ABILITIES AND NOT AS A COMPLAINANT OR GROUP MEMBER IN ANY INTENDED CATEGORY OR REPRESENTATIVE PROCEDURE. Furthermore, unless you and CarePredict agree otherwise, the arbitrator cannot consolidate the claims of more than one person and cannot preside over any form of representation or class action.
23. Changes to this arbitration provision. If CarePredict makes a future change to this arbitration provision, other than a change of address from CarePredict for the notice of arbitration, you can refuse the change by sending us a written notice within 30 days of CarePredict’s change of address for the arbitration notice, in which case your account with CarePredict will be immediately terminated and this arbitration provision, as it was in effect immediately before the changes you refused Survive.
24. Enforceability. If Section 16.6 is found to be unenforceable or if the entirety of Section 16 is found to be unenforceable, then the entirety of Section 16 will be null and void and, in this case, the parties agree that the exclusive jurisdiction and place described in Section 18 will govern any action arising from or related to those conditions.
25. Unsubscribe. Arbitration is not a mandatory condition of these conditions. If you do not wish to be subject to this dispute resolution provision, you may opt out of this dispute resolution provision by notifying CarePredict in writing of your decision by sending an e-mail message to [email protected] within 30 days of the date you receive these conditions, clearly stating your full name and intention to opt out of the dispute settlement provision. If you choose not to opt out of this dispute resolution provision within 30 days, you and CarePredict will be bound by the terms of this dispute resolution provision. You have the right to consult the lawyer of your choice regarding this dispute resolution provision. You understand that you will not be retaliated against if you exercise your right to opt out of coverage under this dispute settlement provision.
26. Terms and conditions. These terms, along with the privacy policy and any other agreement expressly incorporated by reference under these conditions, constitute the full and exclusive agreement and agreement between you and CarePredict regarding your use of the service. You cannot surrender or transfer these conditions or your rights under these conditions, in whole or in part, by law enforcement or otherwise, without our prior written consent. We may assign these conditions at any time without notice or consent. Not requiring the enforcement of a provision will not affect our right to demand enforcement at any other time after that, and a waiver on our part of any violation or failure of these conditions, or any provision of these Terms, will not be a waiver of any subsequent violation or default or waiver of the provision itself. The use of section headers in these conditions is only for convenience and will have no impact on the interpretation of any provision. Throughout these conditions, the use of the word “including” means “including but not limited to it.” If a portion of these Terms is found to be invalid or unenforceable, the unenforceable part will be applied to the greatest extent possible, and the remaining parts will remain fully in force.
27. Applicable law. These conditions are governed by the laws of the State of Florida, United States, regardless of the principles of conflict of laws. You and CarePredict submit to the personal and exclusive jurisdiction of state and federal courts located in Broward County, Florida, for the resolution of any lawsuit or legal proceeding authorized under these Terms. We operate the service from our offices in Florida, and we make no statement that the materials included in the service are appropriate or available for use in other locations.
28. Privacy policy. Please read CarePredict’s privacy policy carefully for information about our collection, use, storage and disclosure of your personal information. CarePredict’s privacy policy is incorporated by this reference and is an integral part of these conditions.
29. Additional conditions. Your use of the service is subject to all additional conditions, policies, rules or guidelines applicable to the Service or certain features of the Service that we may publish on the service or to which we can make a link (the “additional conditions”). All the additional conditions are incorporated by this reference and are an integral part of it.
30. Protected activity not prohibited. You must understand that, to the extent permitted by applicable law, nothing in these conditions will limit or prohibit you in any way from filing a complaint or complaint with, or communicating or cooperating with or participating in any investigation or procedure (“Protected Activity”) that may be conducted by any federal government agency or commission. state or local agencies. You understand that as part of this protected activity, you are authorized to disclose documents or other information as authorized by law, and without notifying or receiving permission from CarePredict. However, in making such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute confidential CarePredict information to parties other than government agencies.
31. coordinates. The service is offered by CarePredict, Inc., located at 324 S. University Drive, Plantation, Florida USA 33324. You can contact us by sending a correspondence to this address or by emailing us at [email protected]. You can access a copy of these Terms by clicking here: https://www.carepredict.com/Terms-of-Service.
32. Notice to California residents. If you reside in California, under Section 1789.3 of the California Civil Code, you can contact the Consumer Services Division of the Consumer Services Division of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at (800) 952-5210 to resolve a complaint about the Service or receive further information regarding the use of the Service.
33. No support. We have no obligation to provide assistance for the service. In cases where we can offer assistance, it will be subject to published policies.
34. International use. The Service is intended for visitors located in the United States. We make no statement that the Service is appropriate or available for use outside the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
35. Notice about Apple. This section 26 only applies to the extent that you use our mobile app on an iOS device. You acknowledge that these conditions are only between you and CarePredict, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or its content. Apple is under no obligation to provide maintenance and support services regarding the Service. If the service does not comply with an applicable warranty, you can notify Apple and Apple will refund any applicable purchase price for the mobile app, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the service. Apple is not responsible for processing claims from you or any third party regarding the service or your possession and/or use of the service, including: (a) product liability claims; (b) any claim that the Service does not comply with any applicable legal or regulatory requirement; Yes (c) claims arising from consumer protection or similar legislation. Apple is not responsible for investigating, defending, settling and discharging any third-party claim that the service and/or your possession and use of the service infringes the intellectual property rights of a third party. You agree to comply with all third-party conditions applicable when using the Service. Apple and Apple’s subsidiaries are third parties beneficiaries of these terms, and upon your acceptance of these conditions, Apple will have the right (and will be deemed to have accepted the right) to apply these conditions against you as a third party beneficiary of these conditions. You hereafter declare and guarantee that: (i) you are not in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a country “supporting terrorism”; and (ii) you are not on any U.S. government list of prohibited or restricted parties.

CarePredict Privacy Policy

We are CarePredict, Inc. (“CarePredict,” “us” or “us”). Our service includes our website www.carepredict.com, and our related websites, mobile applications and other services provided by us (collectively, the “service”). We provide service to our users and their circle of care (as defined in terms of use) By accessing and using the service, which includes any mobile application that we may provide to you, you accept the practices outlined in this privacy policy. and also agree to comply with our terms of use. The capitalized terms used in this privacy policy but not defined here have the meaning assigned to them under the terms of use.

Before submitting any information that may identify you (“personally identifiable information”) to our services, please read this privacy policy carefully. This privacy policy is designed to help you understand how we collect, use and disclose both personally identifiable and non-personal information, welfare information (as defined in the terms of use) where appropriate (collectively the “information”) that we obtain through your use of our service.

Our service provides you with information about our products and services. When you use our service, the information will be automatically collected using cookies and similar technologies. We can ask for your consent if necessary.

What you need to know before using the CarePredict service

Before you use and share information through our service, you need to understand the following.

• You must read and accept our terms of use.
• If you are in the European Economic Area, the UK or Switzerland, please note that our services are not available to users in these regions. All information we collect will be transferred to CarePredict in the United States.
• If you have any questions, you can always contact us at [email protected].

Sources and types of personal data we collect from you

We receive and store any information that you enter our service or that you give us in any other way. We also collect certain information automatically when you use our service. If you choose not to provide us with this information, you will not be able to enjoy the benefits of the services as a user of our service.

The information we collect from users of our service includes information that will be collected automatically using cookies and similar technologies. Cookies collect different aspects of information, including personally identifiable information. This type of information may include IP addresses, session information, product usage data, tracking data and other information about your use of our service.

When you are a registered user of our service, we need to collect more information to allow you to use the features and functions of our service. We will need your email address, information about your gender and age in general, and we will ask for your name, address, phone, use of assisted devices, flexibility, wellness information and possibly an image of you. You will also be asked several questions during the registration process so that we can provide you with information and resources. Providing some of this information is voluntary on your part.

We can also get information about you periodically from the Care Circle, which has given you access to our service. We may also receive third-party evaluation data.

How we use your information

CarePredict uses the information we collect about you to register and manage your account, communicate with you and connect to resources. We will also use your information to enable those who provide you to have the information they need to answer your questions and answer your requests. We can use your information as defined under the terms of use and to provide and/or improve the service.

We may use your information anonymously to develop additional products and services or to measure and improve our products and services and to develop or improve third-party products and services.

We use your information when you allow us to use it and when necessary to enforce this privacy policy and our terms of use. These purposes may be for:

• for registration and to manage your account, including to facilitate your access and use of our Service;
• Communicate with you and answer your questions and comments
• To enable us to provide you with services;
• To resolve disputes or solve problems
• to prevent prohibited or illegal activities;
• To enforce our terms of use and confidentiality policy;
• Share your information with product or service providers when you request additional information about a certain listed product or service
• to comply with a legal obligation such as court orders or other court proceedings; to establish or exercise our legal rights; to defend against legal claims; or as required by law;
• respond to a business transaction, such as divestment, investment, merger, consolidation or sale of assets, or any other important issue.

How we share your information

Your information is only shared with one Care Circle member and to the extent that you have set up our service to share it. This person can only see the information you have submitted to our service to help the Care Circle member help you and your condition or problem.

We can share aggregated data and high-level information in a way that does not identify individuals.

We share your information for processing and storage purposes with third parties who have agreements with us to protect the privacy and security of the information we transfer to them.

Your European privacy rights

Although we do not provide services or market the Service to those residing in the European Economic Area (the ‘European Union’ or ‘EU’), we will provide accommodations for the exercise of your rights under EU data protection laws. , including the General Data Protection Regulation (the “RGPD”).

If you are entitled to privacy rights under the RGPD, you have the right to:

Transparency and the right to information. Through this policy, we explain how we use and share your information. However, if you have any questions or concerns, you can contact us at any time.

Right of access, opposition, treatment limitation, erasure and portability. You also have the right to withdraw your consent at any time when we process your personal data on the basis of your consent. To exercise these rights, please email
[email protected].

Right to refuse direct marketing. Although we do not currently do such marketing, you have the right to refuse at any time to receive marketing material from us by following the opt-out instructions in our commercial emails, contacting us or adjusting your preferences on the service. Please note that we reserve the right to send you other communications, including service announcements and administrative messages related to your CarePredict account, without offering you the option to refuse to receive them.

Right not to be the subject of an automated decision, including profiling. We do not make automated decisions using your personal data that could have a negative impact on you. We use cookies and similar technologies in our service to personalize your service experience.

The right to file a complaint with a supervisory authority. If you consider that the processing of your personal data violates your privacy rights in accordance with the European Data Protection Act, you have the right to file a complaint with a supervisory authority, in the Member State of your usual residence, place of work or place of the alleged infringement.

Your privacy rights in California

Section 1798.83 of the California Civil Code allows California residents to request certain information about our disclosure of personal information to third parties for direct marketing purposes. To make such a request, please email
[email protected].

Don’t follow technology

Some browsers may have settings to ask websites to “not track” your activity or usage. At this time, we do not use services that will adapt to these technologies and your requests may not be honored on our service. We use cookies and other technologies to track your usage and other information about your visit to our service.

Periods of conservation and suppression

CarePredict retains your information to the extent necessary to reasonably provide the services and requirements of the service, to meet our compliance and legal obligations, to improve security and fraud prevention, and for audit purposes. We will keep your information until you no longer participate as a user of the service and in accordance with our terms of use.

How we protect your personal and medical information

We want you to feel confident about using our service and we are committed to protecting the personally identifiable information we collect. While no website can guarantee security, we have appropriate administrative, technical and physical security procedures in place to help protect the personally identifiable information you provide. For example, only authorized employees are allowed to access users’ personally identifiable information and can only do so for authorized business functions. Our security and privacy policies are periodically reviewed and improved if necessary, and only authorized personnel have access to the personally identifiable information you have provided to us. In addition, we use encryption when transmitting your personally identifiable information between your system and ours, and we, along with our partners, use firewalls and intrusion detection systems to help prevent unauthorized people from accessing your personally identifiable information. You should keep in mind that submitting information on the Internet is never completely secure. We cannot guarantee the security of the information you submit via our service while it is in transit over the Internet, and such a submission is at your own risk.

Children’s privacy

The service is not a general public service and does not offer services for people under the age of 18. No person under the age of 18 can provide information to our service. We do not knowingly collect personally identifiable information from individuals under the age of 18. If you are under the age of 18, do not use or provide any information about our service or on or via any of its features, do not sign up for our service, do not use any of the Service’s features, or provide us with information about you, including your name, address, phone number, email address or any pseudonym or username you may use. If someone we know is under the age of 18 sends us personally identifiable information, we will delete or destroy it as soon as reasonably possible. If you think we may have personally identifiable information, please contact us.

International transfer information

If you use our service outside the U.S., please be aware that your information will be transferred, stored and processed in the United States where our servers are located and our central database is operated. You can also be redirected to a service that we maintain in another country. Data protection and other laws in the United States and other countries may not be as comprehensive as those of your country, but rest assured that CarePredict takes steps in accordance with U.S. laws to ensure the protection of your privacy. By using our service or using our services, you understand that your information will be transferred to our facilities and to the third parties with whom we share it as described in this privacy policy.

Changes to this privacy policy

CarePredict may update this privacy policy in the future. We will notify you of important changes to this privacy policy by sending a notice to the email address you have provided to us and/or by placing a visible notice on the service.

How you can contact us

If you have any questions about this privacy policy, please contact us at [email protected].

Or by mail to CarePredict, Inc., 324 S. University Dr, Plantation, Florida USA 33324

If you would like to contact us about this policy, please email [email protected]. Please provide your identification and contact information, including your email address used to sign up for our service, as well as a full explanation of your concern.