Terms & Conditions
CarePlanners™ Terms & Conditions (Last Updated 6/2/12)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE (the “Site”). All users of this Site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site.
CarePlanners™ is not your doctor or insurance company. CarePlanners does not provide medical, legal or nursing services or offer medical advice. We do not diagnose or treat actual or potential health problems. The services we provide are solely consultative in nature, helping you to navigate the healthcare system, are not intended in any way to replace medical care, and are not a substitute for the consultation and care of licensed healthcare providers including, but not limited to, physicians, nurse practitioners, physician assistants, nurses, or therapists.
CarePlanners™ Careplanners do not practice medicine or conduct utilization review. Any and all information relayed from Careplanners, CarePlanners™ marketing materials, or the Site (collectively, “CarePlanners™ Materials”) is meant to be for general information purposes only and should not be considered recommendations, diagnosis, advise, directives, treatment, prescription, casefinding, health teaching, health counseling, provision of care supportive to or restorative of life and well-being, execution of medical regimens prescribed by a healthcare provider, or a determination of the medical necessity of any healthcare services. CarePlanners™ Materials do not in any way eliminate, substitute, or replace the advice and treatments prescribed by a qualified healthcare provider of medical or psychiatric care; for specific medical advice, diagnosis and treatment, contact your personal physician. The Site may provide specific health information, none of which is intended to be specific to your medical condition.
CarePlanners™ does not provide legal advice. The contents of the Site, including any forms, are provided for general informational purposes, do not constitute legal advice, and are not intended to replace legal advice from your lawyer.
Nothing contained, expressly or implied, at the Site is intended or shall be construed as medical or other professional advice by CarePlanners™.
The mention of specific products, services, medical institutions, healthcare professionals, etc. in the CarePlanners™ Materials does not constitute or imply a recommendation or endorsement by CarePlanners™, unless it is explicitly stated. The views and opinions of Careplanners do not necessarily state or reflect those of CarePlanners™.
If you are enrolled as a CarePlanners™ member and require immediate response to non-medical questions or problems, please call CarePlanners™ Toll Free at 1-800-989-3588 or e-mail info@CarePlanners.com.
The entire content included in this Site, including but not limited to text, graphics, video or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of CarePlanners™. The collective work includes works that are licensed to CarePlanners™. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by CarePlanners™. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of CarePlanners™ used on the Site are trademarks or registered trademarks of CarePlanners™. All other trademarks, service marks and trade names are the trademarks, service marks and trade names of their respective owners.
The Site and products and services available through the Site are available only to, and may only be purchased or used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. CarePlanners™ may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
This Site and the materials and products offered on this Site are provided "as is" and without warranties of any kind, whether express or implied. All warranties with respect to merchandise purchased through the Site are from the supplier of the merchandise and not from CarePlanners™; such supplier is solely responsible for any warranty claims or returns. To the fullest extent permissible pursuant to applicable law, CarePlanners™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. CarePlanners™ does not represent or warrant that the functions contained in this Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes this Site available are free of viruses or other harmful components. CarePlanners™ does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
IN NO EVENT SHALL CAREPLANNERS™, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SELLERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST OPPORTUNITIES, BODILY INJURY OR EMOTIONAL DISTRESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration. You may terminate your account by removing your information from the “My Account” portion of the Site and by ceasing access to and use of the Site. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Privacy; Personal Information Related to Children
CarePlanners™ may deliver other notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to CarePlanners™. You may provide notices to CarePlanners™ via email at info@CarePlanners.com or via mail addressed to: CarePlanners™, ATTN: Customer Service, 304 Park Avenue South, Suite 1002, New York, NY 10010.
When you visit the Site or send e-mails to CarePlanners™, you are communicating with CarePlanners™ electronically. You consent to receive communications from CarePlanners™ electronically. CarePlanners™ will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that CarePlanners™ provides to you electronically satisfy any legal requirement that such communications be in writing.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, comments, posts, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CarePlanners™ employee, contractor, supplier, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing of intellectual property rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. Be thoughtful, considerate, and respectful of others in your posts.
You must keep your account information up-to-date and accurate at all times, including a valid email address. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify CarePlanners™ of any unauthorized use of your password or any breach of security. You also agree that CarePlanners™ cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than CarePlanners™ without CarePlanners™’s express written permission.
CarePlanners™ does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, CarePlanners™ is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities of others on the Site. However, CarePlanners™ reserves the right, but not the obligation, to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to CarePlanners™ in its sole discretion. If you believe that any of the content on the Site violates your rights, please contact CarePlanners™ at the address specified above, and follow CarePlanners™’s Copyright Policy.
You agree to indemnify, defend, and hold harmless CarePlanners™, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
In an attempt to provide increased value to Site visitors, CarePlanners™ may link to sites operated by third parties. However, even if the third party is affiliated with CarePlanners™, CarePlanners™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CarePlanners™. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CarePlanners™ seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback not only for the Site, but for sites it links to as well (including if a specific link does not work).
Your use of this Site and these terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, applicable to Agreements performed entirely in the State of New York without regard to principles of conflicts of laws. Neither the U.N. Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to these terms and conditions. If a dispute arises out of or relates to this Agreement, or its breach, and if the dispute cannot be settled through negotiation, both parties agree that any such dispute, controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The fees of arbitration shall be borne equally by CarePlanners™ and you and each party shall pay its own attorneys’ costs and fees. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of products available on the Site) must be commenced within one (1) year after the claim or cause of action arises. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. CarePlanners™’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. CarePlanners™ may assign its rights and duties under this Agreement to any party at any time without notice to you.