Terms of Use
Effective July 13, 2026
These Terms of Use (the “Terms”) form a legally binding agreement between you and Aqua Health, LLC d/b/a Care Connectors (“Care Connectors”, “we”, “our”, or “us”).
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, A WAIVER OF CLASS ACTION, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. REVIEW SECTION 18 FOR MORE INFORMATION.
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old and able to form a binding contract, and (b) if you access and use the Services on behalf of an organization or another individual, you have authority to bind that organization or individual to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS, USE, OR VISIT OUR SERVICES.
- These Terms apply to any person who accesses, uses, or visits the Care Connectors websites, including mycareconnectors.com, and the information, products, content, features, functionality, and services offered or made available through the Services (collectively, the “Services”).
- Except as otherwise provided herein, Care Connectors reserves the right, at its sole discretion, to modify or replace the Terms at any time. Any changes will be incorporated into the Terms, and you should check the Terms periodically for updates. Changes will be effective immediately and will apply on a going-forward basis unless otherwise provided. Use of the Services following such modification constitutes your acceptance of the modified Terms. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services.
- Medical Disclaimers.
- The Services may provide general information about Care Connectors and its affiliates, and about products and services offered by them, including diagnostic testing and services, and information about various health conditions. Services Content may describe products, services, or uses that are not available, authorized, or approved in your jurisdiction. Such references are informational and not promotional. Clinical information is intended for the use of healthcare professionals. Healthcare professionals should exercise their own clinical judgment when using our content, tools, or databases.
- The Services may display content from your medical records (to the extent available to Care Connectors) and may provide relevant health information, such as resources on screenings and drug interactions, from third-party sources, which may be informed in part by your medical record. Given the inherent limitations of medical records, including the frequency and type of your medical visits and testing, the information available on the Services may not contain complete or up-to-date medical record information and should not be relied on as your official or complete medical record.
- If you are a patient, you should not use information found on the Services to replace a relationship with your physician or other healthcare professional and should not rely on that information as professional medical advice. Always seek the advice of your physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping, or modifying any treatment or medication. In case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on the Services. THE SERVICES AND SERVICES CONTENT ARE NOT MEDICAL OR PROFESSIONAL ADVICE. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION, AND ARE NOT A SUBSTITUTE FOR THE ADVICE, DIAGNOSIS, OR TREATMENT PROVIDED BY A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY SEEKING MEDICAL OR HEALTH-RELATED ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF ANYTHING YOU READ ON OR OBTAIN THROUGH THE SERVICES. YOUR RELIANCE ON THE SERVICES AND SERVICES CONTENT IS SOLELY AT YOUR OWN RISK. USE OF THE SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT, TREATMENT, OR OTHER PROFESSIONAL RELATIONSHIP BETWEEN YOU AND CARE CONNECTORS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY.
- While Care Connectors attempts to keep all information on the Services up-to-date, medical treatment and knowledge change quickly, and the Services should not be considered error-free or a comprehensive source of all information on a particular topic. Care Connectors makes no warranties or representations as to the accuracy of the Services Content and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon information on the Services.
- Patient Portal.
- As part of the Services, Care Connectors offers a Patient Portal so you can access and manage laboratory test results generated, issued, or reported by Care Connectors, and use additional features within the account you create (your “Patient Account”). You may authorize others to access information stored in your Patient Account. Information stored in your Patient Account is not intended for diagnosis or treatment purposes and may not always be accurate or up-to-date.
- You may authorize another person (such as a family member) to access your laboratory test results and other health-related information stored in your Patient Account through the Services. When you grant access, those people may use, disclose, reproduce, distribute, share, display, or transmit that information. If you do not want others to have this ability, do not grant them access to your Patient Account. You may designate others as co-custodians of your Patient Account. Co-custodians will have access to all information stored in your Patient Account, including your laboratory test results, and may have administrative rights, which may include adding or deleting information, sharing your information with others, and restricting or preventing your access. You should designate a co-custodian only if you want to share all information stored in your Patient Account with that person and trust them to exercise administrative control. You are responsible for maintaining the confidentiality of your login credentials and for all use of your Account, whether by you or another person, and you agree to notify Care Connectors promptly of any unauthorized access. You may also request access to information about a minor child or other person for whom you have a legal right of access. If you are given access to another person’s information, you agree to access it only to the extent you have permission or legal authority to do so and not to use or disclose that information in a way that infringes the privacy or other rights of another person.
- Because you control the extent to which information in your Patient Account is shared, Care Connectors assumes no liability for how that information is used or disclosed once it has been stored on the Services, to the extent permitted by law. Care Connectors is not liable for actions taken by people to whom you have granted access or whom you have designated as co-custodians, including any further use or disclosure of your information, to the extent permitted by law. You agree to hold Care Connectors harmless from actions, claims, or damages resulting from use or misuse of the Services or from use or disclosure of information stored in or accessed through your Account, to the extent permitted by law.
- You are solely responsible for backing up data stored on the Patient Account, and data stored within the Patient Account may become unavailable to you at any time. Care Connectors is not responsible for and accepts no liability resulting from the unavailability of your data within the Patient Account.
- Health Care Providers and Health Plans. If you are a health care provider or health plan, you represent and warrant that, when using the Services, you will comply with all applicable laws and regulations, including HIPAA and other federal and state privacy and data security laws, and that you will not provide any information, including protected health information (“PHI”), to Care Connectors unless you have the required legal basis, authorizations, or consents. These Terms do not by themselves create a business associate relationship. You agree not to submit PHI through features of the Services unless permitted or directed by Care Connectors. You represent and warrant that you have provided all required notices to individuals and obtained all required consents or authorizations before submitting any information to Care Connectors through the Services. You are responsible for the actions of your workforce members and agents who access the Services on your behalf, including maintaining the confidentiality of credentials and restricting access to authorized personnel. The Services are not intended for emergency or time-sensitive clinical communications. Do not use the Services to report medical emergencies.
- Privacy Policy. In addition to these Terms, we publish a Privacy Policy that explains how we collect, use, share, and protect information that you provide to us. Although not a part of these Terms, we encourage you to read the Privacy Policy, which is located here: https://mycareconnectors.com/privacy-policy/.
- Our Grant of Rights to You. Based on your agreement to comply with these Terms and subject to your compliance with these Terms, we grant you the right to access and use the Services and Services Content (as defined in Section 8 below) for your personal, non-commercial use as set forth in these Terms. If you breach the Terms, then the above license will terminate automatically, and you must immediately cease your access and use to the Services and Services Content.
- Care Connectors Ownership; Reservation of Rights. As between you and us, except for User Content (as defined in Section 9 below), all information, software, artwork, trademarks, text, video, audio, pictures, logos, screens, and other content on the Services, including all associated intellectual property rights (collectively, the “Services Content”), are the property of Care Connectors and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. For the avoidance of doubt, the term “Services Content” expressly excludes User Content. Care Connectors and its licensors retain all rights with respect to the Services and Services Content except those expressly granted to you in these Terms. For the avoidance of doubt, this includes the right to withdraw, amend, or modify the Services, Services Content, or any other materials we provided on the Services in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Services or Services Content are unavailable at any time for any period. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Services, Services Content, or any other material available through the Services unless specifically authorized by these Terms or in writing to do so by Care Connectors.
- User Content. The term “User Content” means information, text, video, audio, pictures, logos, or other content or materials that you submit to our Services or otherwise make available to us, including, but not limited to: (i) feedback, questions, comments, and suggestions you provide to us via the Services and (ii) any other information, data, other information that you provide to us via the Services. By providing User Content, you grant Care Connectors a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, exploit, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for any legitimate business purpose, in any media formats, and through any media channels as permitted by law (collectively, “Use Rights”). By providing User Content, you represent and warrant to us that you either own such User Content (including any copyright and other intellectual property rights therein) or have obtained sufficient authority, consents and rights in and to the User Content to provide the Use Rights.
- Prohibited Uses. You agree to comply with these Terms and not to (directly or indirectly): (i) sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Services or any component thereof, (ii) use or exploit the Services or any component thereof except solely as expressly permitted pursuant to these Terms, (iii) alter or remove any copyright, trademark, or other protective notices, (iv) reverse-engineer, decompile, or disassemble the Services, (v) use the Services in a manner that could, directly or indirectly, disable, overburden, impair, pose harm or other safety concerns, (vi) transmit or distribute any viruses, malware, or other harmful code, and (vii) collect or compile data from the Services through manual or automated means, or (viii) use or encourage or facilitate others’ use of any portion of the Services for any unlawful purpose or in violation of applicable law, including for any purpose that is fraudulent, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate, or is otherwise unlawful. We reserve the right to take, or refrain from taking, any and all steps available to us, once we become aware of any violation of these Terms, including terminating accounts, blocking access to the Services, or taking other corrective actions, we deem appropriate.
- Links to Third-Party Services. Our Services may contain links or references to third-party websites, services, content, or other material (“Third-Party Services”). We have no control over these Third-Party Services and do not assume responsibility or liability for any such Third-Party Services or the content, opinions, or material available on them. We do not endorse the content, opinions, or materials of any Third-Party Services, nor do we warrant that Third-Party Services will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you access any Third-Party Services through the Services, then please be aware that you are doing so at your own risk. We encourage you to review any such third-party’s terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such Third-Party Services.
- To create an account, you must provide certain information about yourself. You must be at least eighteen (18) years of age or older to register for an account. By registering, you acknowledge and agree that you are at least eighteen (18) years of age, and that the information you have provided is true, accurate, complete, and correct as of the date of registration, and that you will promptly update your registration information, should it change. During the registration process, you must select a password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your account. You agree to notify Care Connectors immediately in the event of unauthorized use of your password or account, or of any other breach of security relating to your account. Care Connectors is not liable for any loss, damage, or purchase resulting from your failure to maintain the confidentiality of your account as provided herein.
- Appointment Requests. Submission of an appointment request through the Services does not constitute a confirmed appointment. All appointment requests are subject to availability and the sole discretion of Care Connectors. Care Connectors reserves the right to accept, decline, reschedule, or cancel any appointment request at any time, for any reason. Use of the appointment scheduling feature on the Services does not, by itself, create, establish, or otherwise give rise to a provider-patient relationship. By submitting an appointment request, you represent and warrant that all information provided in connection with such request is true, accurate, complete, and current, and that you have the authority and right to provide such information. Care Connectors disclaims all liability for any consequences arising from submission of inaccurate, incomplete, misleading, or outdated information. Care Connectors reserves the right to cancel or refuse any appointment request made with false or misleading information without prior notice to you.
- Text Messages. You can opt in to receive text messages from Care Connectors, for itself or on behalf of healthcare providers and plans. Text messages are used to support patient relations, including responding to inquiries, appointment reminders, and other informational or administrative purposes. Carriers are not liable for delayed or undelivered messages. Standard message and data rates may apply. Message frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. You can opt-out of receiving text messages from us at any time by responding STOP to any text message from us. After you opt out, we will send you a final text to confirm that you have been unsubscribed. After this, you will no longer receive texts from us. If you want to receive text messages again, you will need to text RESUBSCRIBE or contact us. If you are experiencing issues with texting us, you can reply with the keyword HELP for more assistance, or you can get help directly by emailing us at contactus@myccmg.com.
- Disclaimers.
- THE SERVICES AND SERVICES CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, ERRORS, BUGS, AND DEFECTS, AND YOUR USE OF THE SERVICES AND SERVICES CONTENT IS AT YOUR SOLE RISK. CARE CONNECTORS, ITS LICENSORS, AND THEIR RESPECTIVE SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES OR SERVICES CONTENT, AND HEREBY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING: (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY WARRANTY THAT THE SERVICES OR SERVICES CONTENT WILL BE SECURE, ACCURATE, COMPLETE, ERROR-FREE, UNINTERRUPTED, TIMELY, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY DESIRED OUTCOME. THE SERVICES AND SERVICES CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, ARE GENERAL IN NATURE AND NOT TAILORED TO INDIVIDUAL CIRCUMSTANCES, AND ARE NOT TO BE RELIED ON FOR ANY PURPOSE. CARE CONNECTORS, ITS LICENSORS, AND THEIR RESPECTIVE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY OR LIABILITY FOR (A) THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES OR SERVICES CONTENT OR (B) ANY HARM RESULTING FROM YOUR DOWNLOAD OF, ACCESS TO, OR USE OF THE SERVICES OR SERVICES CONTENT, INCLUDING HARM CAUSED BY VIRUSES OR OTHER DESTRUCTIVE FEATURES.
- YOU UNDERSTAND THAT INFORMATION FOUND THROUGH THE SERVICES IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES ONLY, AND IS NOT MEDICAL OR HEALTH CARE ADVICE, NOR A SUBSTITUTE FOR ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED HEALTH CARE PROVIDER. YOU FURTHER UNDERSTAND THAT YOUR USE OF THE SERVICES IS YOUR RESPONSIBILITY. CARE CONNECTORS IS NOT RESPONSIBLE FOR DAMAGES THAT RESULT FROM YOUR MISUSE OF THE SERVICES OR YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES.
- SOME JURISDICTIONS DO NOT PERMIT THE FOREGOING DISCLAIMERS AS TO INDIVIDUALS, IN WHICH CASE THEY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL Care Connectors OR ITS LICENSORS OR THEIR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF USE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION, UNAUTHORIZED ACCESS, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE SERVICES OR SERVICES CONTENT, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT CARE CONNECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES, SERVICES CONTENT, OR THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT (IF ANY) PAID BY YOU TO CARE CONNECTORS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, OR (B) FIFTY DOLLARS ($50).
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Indemnity. You agree to defend, indemnify, and hold Care Connectors and its subsidiaries, affiliates, officers, directors, agents, representatives, employees, licensors, and service providers (“Care Connectors Indemnitees”) harmless from and against any claim, action, suit, or proceeding resulting from, arising out of, or related to (i) your breach of these Terms, (ii) your User Content, including any claim that User Content violates the rights of a third-party, and (iii) your access to or use of the Services or Services Content, and you shall indemnify and hold Care Connectors harmless for all losses, damages, liabilities, and all reasonable expenses and costs (including, but not limited to, attorneys’ fees) incurred by Care Connectors or any Care Connectors Indemnitee in any such claim, action, suit, or proceeding. Care Connectors reserves the right to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. In the event Care Connectors seeks indemnification, you agree to grant control of the defense and settlement to Care Connectors and reasonably cooperate with Care Connectors at your expense.
- Binding Arbitration; No Class Relief; Jury Waiver
- Arbitration Agreement. EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (a “Dispute”) WILL BE RESOLVED BY INDIVIDUAL (NOT CLASSWIDE, COLLECTIVE, OR REPRESENTATIVE) BINDING ARBITRATION OR IN SMALL CLAIMS COURT IN NASHVILLE, TENNESSEE. This agreement to arbitrate does not apply to disputes pertaining to Care Connector’s intellectual property rights. Any question as to whether a Dispute is subject to the mandatory arbitration provisions of this section is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”).
- Pre-Arbitration Dispute Notice and Good-Faith Negotiation Period. Before initiating arbitration, the party seeking to bring a Dispute provide the other party with written notice setting forth: (i) the claimant’s name, mailing address, and email; (ii) a detailed description of the facts and the specific relief sought; and (iii) a declaration, personally signed by the claimant (and by counsel, if represented), attesting under penalty of perjury that the foregoing is accurate and made in good faith (a “Notice”). This Notice must be sent to Care Connectors at contactus@myccmg.com. During the 60-day Informal Resolution Period, the parties meet via telephone or videoconference, in a good-faith effort to confer with each other and try to informally resolve the Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. Arbitration may not be commenced before this period concludes. Any applicable statute of limitations shall be tolled from receipt of a complete Notice until final resolution of the arbitration, unless the noticing party withdraws or abandons the Dispute or the arbitration is withdrawn or dismissed. Failure to satisfy the requirements of this 60-day good-faith negotiation period is grounds for dismissal of any arbitration proceeding.
- Initiating Arbitration. Any Dispute not resolved through the 60-day good-faith negotiation period must be brought on an individual basis and resolved exclusively by final and binding arbitration (“Arbitration”) before a single arbitrator mutually selected by the parties (the “Arbitrator”). A party may initiate Arbitration by delivering a demand containing all information required in the Notice. Care Connectors should be notified at contactus@myccmg.com. The parties will meet and confer in good faith to select an Arbitrator and applicable fee schedule subject to the provisions in this Section 18. For purposes of this section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators with experience in the subject matter of the Dispute. If the parties fail to agree on an Arbitrator within 60 days, either party may petition the state or federal courts in the county and state where they reside to appoint an Arbitrator, meeting the requirements herein, from those proposed by the parties.
- Arbitration Fees and Costs. You shall not be required to pay a filing fee exceeding the then-current fee to file a civil complaint in federal court. Except as otherwise provided by law or this section, each party shall bear its own attorneys’ fees and costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate would be prohibitive relative to litigation in court, Care Connectors will pay as much of your filing, Arbitrator, and hearing fees as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of outcome; provided that, if the Arbitrator finds your Dispute frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b)), you shall reimburse Care Connectors for any fees and costs it advanced on your behalf. You may retain counsel to represent you in Arbitration, but may recover your attorneys’ fees and costs only if (i) the Arbitration is decided in your favor and to the extent recoverable in court under the applicable law or statute(s), or (ii) the Arbitrator finds that any Dispute we bring against you was frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b)). Notwithstanding anything to the contrary in this Arbitration provision, Care Connectors will pay all fees and costs it is required by law to pay.
- Arbitration Procedure. Any Arbitration under this arbitration provision shall be governed by the FAA and administered under the most recent version of the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (the “AAA Rules”), excluding any associated fee schedules and as modified by the version of this arbitration provision in effect when you notify us of your Dispute, unless the parties mutually agree to use a provider other than the AAA. The AAA Rules govern procedural issues only and do not mean that the AAA will administer the Arbitration or appoint the Arbitrator, which Rules are available at www.adr.org. In the event of any conflict, this arbitration provision shall govern over the remainder of these Terms and over the AAA Rules. A single Arbitrator will resolve the Dispute. The Arbitration shall take place in Nashville, Tennessee, unless the parties mutually agree otherwise or the Arbitrator determines that such location would impose an undue hardship, in which case the Arbitration may be conducted by telephone, videoconference, or other remote means. The Arbitrator will honor claims of privilege recognized by law and take reasonable steps to protect confidential or proprietary information, and shall issue a reasoned written decision explaining the Arbitrator’s essential findings and conclusions. The Arbitrator’s award may be entered in any court having jurisdiction only if necessary to enforce the award; an award that has been fully satisfied shall not be entered in any court.
- The parties shall maintain the confidentiality of the Arbitration proceeding and the Award, including the hearing, except as necessary to prepare for or conduct the hearing on the merits, in connection with a court application for a preliminary remedy or a judicial challenge to or enforcement of an award, or as otherwise required by law or judicial decision.
- No Class Actions. IN ADDITION TO, AND NOTWITHSTANDING THE ARBITRATION PROVISION ABOVE, AND TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS, WHETHER BROUGHT IN COURT OR ARBITRATION, UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND CARE CONNECTORS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
- No Jury Trial. WHETHER ANY CLAIM OR DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN RELATION TO ANY SUCH CLAIM OR DISPUTE.
- Monitoring Services Use. You agree that we have the right and discretion, but not obligation, to monitor any activity and content associated with our Services and Services Content. We may investigate any reported violation of these Terms or complaints relating to the Services and Services Content, and may take any action that we believe, in our sole discretion, is appropriate including, but not limited to, removing materials from the Services and terminating/suspending your access to the Services. We also may report to law enforcement authorities or other appropriate parties, behaviors that we suspect may be harmful to yourself or others, as necessary, and within our sole discretion.
- Assignment. These Terms shall not be assignable, either in whole or in part, by you. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
- Governing Law. These Terms shall be governed in all respects by the laws of the State of Tennessee, without giving effect to its conflicts of law provisions.
- Injunctive Relief. You acknowledge and agree that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the dispute resolution provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms.
- Termination; Survival. Care Connectors may terminate or suspend the Services and/or your account immediately, without prior notice or liability if Care Connectors believes you have violated the Terms or for any other reason in Care Connectors’ sole discretion. You agree that Care Connectors shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 8 (Care Connectors Ownership; Reservation of Rights); (ii) Section 9 (User Content); (iii) Section 10 (Prohibited Uses); (iv) Section 11 (Links to Third-Party Services); (v) Section 15 (Disclaimers); (vi) Section 16 (Limitation of Liability); (vii) Section 17 (Indemnity); (viii) Section 18 (Binding Arbitration; No Class Relief; Jury Waiver); (ix) Section 21 (Governing Law); (x) Section 22 (Injunctive Relief); (xi) Section 23 (Termination; Survival); and (xii) Section 27 (Complete Agreement).
- Copyright Infringement. If you believe that any Services Content constitutes copyright infringement, or violates intellectual property rights, please provide Care Connectors notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed; (ii) identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single Services are covered by a single notification, a representative list of such works at that Services; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Failure to include all of this above information may result in a delay. You may send your claims of copyright or other intellectual property infringement to contactus@myccmg.com.
- Federal and State Laws. The Services is operated from the United States of America (the “U.S.”) and is intended for U.S. residents only. The Services is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Services, Services Content, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
- Export Compliance. The Services and Services Content may be subject to U.S. export control laws and regulations. You agree not to export, re-export, or transfer any Services Content or any direct product thereof to any country, entity, or person prohibited by U.S. law, including any country subject to U.S. trade sanctions. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country or on any prohibited party list.
- Complete Agreement. These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
- General. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
- Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations, other than payment obligations, due to any cause which is beyond its reasonable control and not avoidable through the exercise of reasonable diligence, including, by way of example, but only to the extent beyond the reasonable control of a party and not avoidable through the exercise of reasonable diligence: strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, terrorism, war, governmental action, earthquakes, pandemics and other public health emergencies.
- Contact Us. We welcome your feedback or suggestions. If you have suggestions, concerns, or questions about these Terms, then please contact us at contactus@myccmg.com.