Terms and Conditions
2. Subscriber Must Have Internet Access. In order to use the licensed Service Applications, Subscriber must have or must obtain access to the Internet, either directly or through devices that access Web-based content. Subscriber must also provide all equipment necessary to make such (and maintain such) connection to the Internet. Subscriber acknowledges that Care Directives is not responsible for notifying Subscriber of any upgrades, fixes or enhancements to any such equipment or for any compromise of data transmitted across computer networks not owned or operated by Care Directives or telecommunications facilities, including, but not limited to, the Internet.
3. Automated Monitoring and Automated Login Scripts Prohibited. Subscriber agrees that automated monitoring scripts, performance monitoring scripts and automated login scripts are strictly prohibited on the Service Applications and Care Directives production systems or networks unless approved in writing by Care Directives. Subscriber shall not attempt to circumvent data protection schemes or uncover and/or exploit security loopholes. This includes creating and/or running programs that are designed to identify and/or exploit security loopholes and/or decrypt intentionally secure data; willful or gross negligence performing an act that intentionally prevents the normal operations of networks, computers, servers or processes at Care Directives; willful or gross negligence running any program that may damage or place excessive load on a server or the network. This includes, but is not limited to, mass-invites, mass-messages, and programs known as floodbots and clonebots; forging the identity of a user or machine in an electronic communication; or intentionally repeating or transmitting material in a rapid manner with the intention of producing the effect of harassing another user by “flooding” them. Should Care Directives discover that Subscriber has implemented any of these methods, Care Directives may block network access to the Service Applications; suspend or terminate Subscriber’s access; or take legal action against the Subscriber to prevent the use of these scripts, programs or methods against the Service Applications and Care Directives Production Systems or Networks.
4. Third-Party Software Configuration. ubscriber understands that the Care Directives Service Applications may require third party software to be installed on the subscriber’s network and computers. Care Directives performs full system testing against supported third-party software and verifies that all functions within the Service Applications operate properly. Should any third-party software fail to work with the Service Applications, Care Directives will take all commercially reasonable steps to ensure that the Service Applications work properly.
a. Limited Support. Care Directives performs basic functional testing against third-party software when used with the Service Applications. The Service Applications are not verified to work properly against such third-party software but there are no known functional issues. If Care Directives is notified of an issue related to limited support third-party software, Care Directives will make reasonable business efforts to investigate the root cause of the issue and may fix the issue in a future release. b. Unsupported. Unsupported third-party software has security, performance or technical issues which may impact the functionality or operation of the Service Applications. Care Directives may block access to the Service Applications for unsupported third-party software. Customer Support will not investigate issues related to unsupported third-party software.
If Subscriber uses software configurations that do not meet the Care Directives requirements, Subscriber understands that Service Applications may not be accessible, may not operate properly or may have some features disabled. Care Directives shall modify the third-party software requirements in its sole discretion to maintain security and operational integrity for its user base. Whenever possible, Care Directives shall provide Subscribers with at least 60 days’ notice regarding changes to this configuration through updates to this Use Policy.
5. Accuracy of Subscriber’s Account Information. Subscriber agrees to provide accurate, current and complete information (Profile Data) about Subscriber to gain access to the Service Applications. Subscriber further agrees to use commercially reasonable efforts to maintain and promptly update such Profile Data to keep it accurate, current and complete. Care Directives is responsible for securely processing, storing, and maintaining Profile Data but is not responsible for the accuracy of the information. Subscriber acknowledges and agrees that if Subscriber provides information that is materially inaccurate or incomplete, or if Care Directives has reasonable grounds to believe that such information is materially inaccurate, or incomplete, which, Care Directives reasonably believes could affect the security or operational integrity of the Service Application, then Care Directives shall have the right to suspend Subscriber’s use of any licensed Service Application.
6. Email and Notices. Subscriber agrees to provide Care Directives with Subscriber’s email address, to promptly provide Care Directives with any changes to Subscriber’s email address and to accept email (or other electronic communications) from Care Directives at the email address Subscriber specifies. Subscriber further agrees that, Care Directives may provide any and all notices, advisories and other communications to Subscriber via email.
7. Care Directives Administrator. Subscriber will designate an active administrator (hereinafter referred to as “Care Directives Administrator”) who shall provide and assign user names and passwords to each User licensed by Subscriber. Subscriber will be responsible for maintaining the confidentiality and security of Subscriber’s user names and passwords stored on the Subscriber’s network or computing resources including any usernames and passwords stored within a browser. Subscriber acknowledges and agrees that Subscriber is prohibited from sharing user names and/or passwords between Users. Subscriber’s Care Directives Administrator shall be responsible for removing access to the Service Application in the event of User terminations, changes in employee status or any other applicable event. Subscriber will also be responsible for all Electronic Communications, including those containing business information, account registration, account holder information, financial information, Subscriber or patient data (collectively, “Subscriber Data”), and all other data of any kind contained within email or otherwise entered electronically through the Service Applications or under Subscriber’s User accounts. Care Directives will act as though any Electronic Communications it receives under Subscriber’s user names and passwords will have been sent by Subscriber. Subscriber agrees to immediately notify Care Directives if Subscriber becomes aware of any loss or theft or unauthorized use of any of Subscriber’s user names and/or passwords. Subscriber agrees that Care Directives may suspend Subscriber’s access to the Service Applications if Subscriber is not in material compliance with the foregoing requirements.
8. Forms. Care Directives provides Subscribers with access to an online library of forms, including federal, state, local and custom forms, to facilitate the sharing and release of information between healthcare professionals. Subscriber understands that the forms are the intellectual property of the copyright holder when copyrighted. When forms are copyrighted, Care Directives obtains permission for the use of the forms within the Service Applications or confirms that a form falls within Fair Use guidelines as defined by the Federal Government in the U.S. Copyright Office’s Section 107. Subscriber is responsible for using copyrighted forms in an appropriate and legal manner. When requested Federal, State or local forms are available on-line the form will not be added to the Care Directives library. This will ensure that the Subscriber has access to the most current required form. This includes forms that are submitted to an agency via a portal that is accessed by the subscriber on-line.
9. Subscriber’s Use of Electronic Signatures Subscriber understands that Care Directives may provide features or functions within the Service Applications to allow Users and/or Subscriber designated individuals to electronically sign forms and documents. Subscriber understands that Care Directives does not guarantee acceptance of this type of signature by the recipient or warrant that the electronic signature meets the state or local laws pertinent to the form or document. Subscriber understands that they should only use this functionality within the scope of their organization’s policies and procedures.
10. Release of Infomration to Third Parties. Subscriber agrees to follow its organization’s internal procedures regarding the release of information to all third parties through the Service Applications. Subscriber shall use the Service Applications in a manner consistent with its own policies, procedures and rules while also following the minimum necessary rule within HIPAA. Care Directives provides a mechanism through the Service Applications for Subscribers to fax and or scan any forms, documents and narrative information within the Service Applications to any US-based fax number. Subscriber agrees that it is its exclusive obligation to follow its organization’s policies when using these features of the Service Applications to transmit patient information. Furthermore, Subscriber agrees to confirm the accuracy of fax numbers prior to transmitting any PHI to health care providers.
11. Application and Usage Tracking. In addition to tracking and auditing activities required under HIPAA and other state and federal regulations, Care Directives also employs sophisticated web tracking and monitoring technology. Care Directives passively tracks information from computer and Internet connections, such as the IP address of computers and/or Internet service providers, the date and time of website access, computer technology used, user experience data and interactions on the Service Applications. Care Directives tracks this information for the purpose of administering and protecting production systems; better understanding the usage patterns of Subscribers; improving Service Applications, and enhancing user experience.
12. Suspension for Ongoing Harm or Abuse. Subscriber may suspend Subscriber’s access to the Service Applications if Subscriber’s use or abuse of the Service Application materially and adversely affects the business or operations of Care Directives. Abuse of the Service Applications. Subscriber agrees that Care Directives shall not be liable to Subscriber or to any third party for any suspension of the Service Applications under the circumstances described in this section.
13. Subscriber’s Lawful Conduct By using the Care Directives Service Applications, Subscriber agrees to abide by the terms of any agreement between Care Directives and the Subscriber. Subscriber agrees, while using the system or any information obtained through the system, to abide by any applicable federal and state laws including the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the U.S. Department of Health & Human Services (HHS) Standards for the Privacy of Individually Identifiable Health Information at 45 C.F.R. Parts 160 and 164 (Security Standards); and the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 as each may be amended over time. The Service Applications allow Subscriber to transmit Electronic Communications directly to third-party healthcare providers, payers, users and entities based on the Subscriber’s interpretation of the rules and regulations as they apply to their use or disclosure. Subscriber agrees to comply with all applicable local, state, federal and foreign laws, treaties, regulations and conventions in connection with its use of the Service Applications, including without limitation those related to privacy, cybersecurity regulations, electronic communications, digital rights management, fax communications and anti-spam legislation. Subscriber will not transmit any Electronic Communications containing protected health information (PHI), personally identifiable information (PII) or other information from the Service Applications that are unlawful, harassing, libelous, defamatory or threatening. Subscriber agrees not to access the Service Applications by any means other than through the interfaces or Web sites that are provided by Care Directives. Subscriber shall not create website links to the Service Applications that include login information, including but not limited to, usernames, passwords, secure cookies and/or “mirroring” or “framing” any part of the Service Applications. Subscriber will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (including rights of publicity and privacy) without first obtaining the permission of the owner of such rights. Neither Subscriber, nor anyone acting on Subscriber’s behalf, will use the Service Applications to target for solicitation any other Care Directives Subscribers. Subscriber will ensure that any use of the Service Applications by Subscriber is in accordance with the terms and conditions of this Use Policy.
14. Links. The Service Applications may provide links to other web sites or resources. Because Care Directives has no control over such sites and resources, Subscriber acknowledges and agrees that Care Directives is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Furthermore, Subscriber acknowledges and agrees that it will be responsible for maintaining network access and privileges for Subscriber’s users that require the content and functionality provided by these external sites.
15. Feedback or Comments. Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Care Directives in connection with the operation or content of the system or Service Applications shall be provided by the submitter and received by Care Directives on a non-confidential basis. All such comments, suggestions and other information shall become the exclusive property of Care Directives. By submitting any such Feedback Information to Care Directives, Subscriber agrees to transfer and assign, at no charge, all of Subscriber’s right, title and interest in the Feedback Information, including all copyrights and other intellectual property rights except to the extent that such Feedback Information includes Subscriber’s trademarks or service marks. Subscriber agrees that Care Directives shall be free to use such information on an unrestricted basis.
16. Proprietary Rights. Subscriber acknowledges and agrees that the Service Applications and any necessary software used in connection with the Service Applications contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subscriber further acknowledges and agrees that content or information presented to Subscriber through the Service Applications may be protected by copyrights, trademarks, Service Applications marks, patents or other proprietary rights and laws.
17. Trademark Information Care Directives®, California POLST Registry®, CA POLST Registry®, POLST Registry®, and other Care Directives service marks, logos and product and service names are trademarks of Care Directives (the “Care Directives Marks”) and may be registered in the U.S. Patent and Trademark Office. Care Directives warrants and represents that it exclusively owns the foregoing Care Directives Marks or has the exclusive right to use them. Subscriber agrees not to display or use the Care Directives Marks in any manner without Care Directives’ express prior written permission. Accordingly, Subscriber agrees not to display or use the Care Directives Marks in any manner not permitted by law. Notwithstanding the foregoing, Care Directives hereby grants a use license to the Care Directives Marks in conjunction with Subscriber’s subscription agreement and the rights thereunder.
18. Modification to or Discontinuation of the Service Applications. Care Directives reserves the right at any time, and from time to time, to modify, temporarily or permanently, the Service Applications (or any part thereof). Subscriber acknowledges that Care Directives reserves the right to discontinue offering the Service Applications at the conclusion of Subscriber’s then current Term. Subscriber agrees that Care Directives shall not be liable to Subscriber or to any third party for any modification of the Service Applications as described in this section.
19. Effective Date, Amendments; Conflicting Agreements: This Use Policy is effective as of May 1, 2016. Care Directives reserves the right to change, modify, add or remove portions of this Use Policy at any time, and from time to time, and in its sole discretion. Subscriber may review the most current version of this Use Policy by requesting it from Care Directives in writing. In the event of any conflict between the terms of this Use Policy and any other written agreement between Care Directives and Subscriber, the terms of such other written agreement shall control.
20. Contact Us. Please feel free to contact Care Directives with any comments, questions, complaints or suggestions regarding the Use Policy: email Support@Care Directives.com; write to us Care Directives, LLC 43200 Business Park Drive, Suite 105, Temecula, CA 92590; or call 888.621.4383. Version 1.1, effective 05.01.2016.