Acceptance of Terms
This Web Site is owned and maintained by CareWorks. CareWorks is licensed or otherwise approved to transact business located in various jurisdictions within the United States. This web site (“Web Site”) provides users with access to an online collection of information and materials and certain online services (“Services”). These materials may include information on the Company’s services; links to password-protected utilities for clients and other defined audiences; information resources provided as a convenience for clients, claimants, other service providers, and other claims and risk services professionals including but not limited to Company-produced materials and links to non-CareWorks-controlled sites; information on employment opportunities including access to an on-line job application utility provided a third-party human resource management organization; Company news and publications; and other downloadable information and features offered by CareWorks. The Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Services, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site (“Software”). This Web Site is intended for use only by users who are at least 18 years of age and who reside in the United States.
Limited License and Site Access
CareWorks hereby grants you a limited license to access and make personal use of this Web Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CareWorks. This license does not include any resale or commercial use of this Web Site or its Contents or Software; any collection and use of any listings, descriptions, or prices; any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CareWorks You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CareWorks or its affiliates without their express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the CareWorks name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by CareWorks.
This Web Site may provide certain summary descriptions or other helpful information regarding Services. CareWorks attempts to be as accurate as possible; however, any such materials are intended to generally describe the Services and are subject in all respects to the specific terms and conditions of the actual policy or service agreement to which they refer.
Except as otherwise expressly stated, all Content and Software appearing on this Web Site are the copyrighted work of CareWorks, their affiliates or third-party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of CareWorks, their affiliates and is protected by U.S. and international copyright laws.
You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of CareWorks or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by CareWorks. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither CareWorks nor its affiliates warrant or represent that your use of Content, Services, Software or any other materials displayed on this Web Site will not infringe rights of third parties.
Trademarks and Service Marks
Certain trademarks, including “CareWorks”, service marks of CareWorks or one of its subsidiaries. The domain name for this Web Site, logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of CareWorks or their affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Site without the prior written authorization of CareWorks.
Ownership of information submitted via this Web Site
With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement), any information you transmit to CareWorks via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of CareWorks. Such information may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. CareWorks shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to CareWorks via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Any Software accessible through this Web Site is the property of CareWorks or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by CareWorks through this Web Site for your use in accessing the Services and Content.
The Software provided on this Web Site is owned by or licensed to CareWorks and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such Software in violation of such applicable export laws and regulations. CareWorks does not authorize the downloading or exportation of any software or technical data from this Web Site to any jurisdiction prohibited by such export controls laws and regulations.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Web Site, and CareWorks reserves the right to change the access configuration of this Web Site at any time without prior notice.
Any use or attempted use of this Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by CareWorks to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by CareWorks, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Web Site, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any CareWorks representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Web Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any material posted by any other person or entity;
- Manipulate or otherwise display the Web Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Web Site other than the main homepage in accordance with the Limited License and Site Access outlined above;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product or Service if you are not expressly authorized by such party to do so; or
- Harvest or otherwise collect information about others, including e-mail addresses.
CareWorks reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access and/or account. CareWorks may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, CareWorks reserves the right at all times to disclose any information as CareWorks deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CareWorks’ sole discretion.
Right to Monitor
No Owner Editorial Control of Third-Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Web Site is provided by third-party content providers, CareWorks has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third-party suppliers on this Web Site are those of such third-party suppliers. CareWorks does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third-party, or represent or warrant that your use of the Content displayed on this Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with CareWorks.
Hyperlinks to Third-Party Web sites
Modification to Services
CareWorks may, at its discretion, modify or discontinue any of the Services, Content or Software, or any portion thereof, with or without notice. Neither CareWorks nor its affiliates will be liable to you or any third-party for any modification or discontinuance of any of the Services, Content or Software.
Information contained on this Web Site has been prepared by CareWorks as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. CareWorks has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Site or any other Web Site maintained by CareWorks. Users relying on information from this Web Site do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant services agreement for complete terms, exclusions and conditions. Should you purchase a CareWorks service from CareWorks or a third-party, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Site does not affect that purchase in any manner.
This Web Site may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND CAREWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAREWORKS MAKES NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT CAREWORKS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CAREWORKS HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD-PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE CAREWORKS AND ITS AFFILIATES OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Age and Location of User – All information and content available on this Web Site are solely directed to individuals 18 years of age or older residing in the United States. CareWorks makes no representation that the Content, information, products, Services or Software are available for use outside of the United States. Any use of the Services, Content and Software is prohibited where they are not allowed by law.
This Web Site Contains A Binding Arbitration Provision Which May Be Enforced By The Parties
Governing Law; Jurisdiction; Venue; Severability of Provisions
Password Accounts, Passwords, and Security
If you have been given the option to open an account on this Web Site which will provide you with access to password-protected portions of the Web Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify CareWorks of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. CareWorks will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CareWorks or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.