Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

Care Cooperative, Inc. (“Care Cooperative”, “our” or “we”) requires that all visitors ("user” or “users”) of its software platform and websites (individually, a “Site” or collectively, the "Sites") agree to all of the terms and conditions in this user agreement (the "Agreement"). By accessing and using the Sites, the user indicates the user’s acknowledgment and acceptance of this Agreement.

Description of Care Cooperative

Care Cooperative is a Delaware 501(c)(3) non-profit organization formed to support medical facilities, their patients and the communities that they serve.

The information, materials and services related to Care Cooperative and its work, including, but not limited to, text, pictures, photographs, audio, video, graphics, logos, marks and images (collectively, the "Content"), as well as software used in accessing the Sites, displaying the Content, and utilizing the functionality offered through the Sites (the "Software"), are subject to this Agreement. Unless stated otherwise, any new Content and Software added to the Sites and all revisions, modifications, and enhancements to the Sites, the Content or the Software will be covered by this Agreement effective upon the date of each such addition.

Eligibility

Use of the Sites is void where prohibited. By using the Sites, the user represents and warrants that: (i) all information that the user submits is truthful and accurate; (ii) the user is 18 years of age or older, or in the event that the user is younger than 18 years of age, that such user has received parental consent or the consent of a legal guardian, and supervision when using the Sites; and (iii) the user’s use of the Sites does not violate any applicable law or regulation.

A user’s use of the Sites may be terminated without warning if Care Cooperative believes that the user is in violation of any of these conditions.

Binding Agreement

By using any Site, the user agrees to be bound by this Agreement. The use of the Sites (including, but not limited to, photographs or images), by the user or anyone else authorized by the user, is prohibited except as allowed by this Agreement.

Care Cooperative’s Privacy Policy is a part of this Agreement. Care Cooperative is committed to protecting the privacy of any personal information that a user provides to Care Cooperative while using the Sites. This Agreement includes and incorporates by reference Care Cooperative’s Privacy Policy, and by accepting the terms of this Agreement, the user agrees to abide by the terms of Care Cooperative’s Privacy Policy.

Proprietary Materials of Care Cooperative

Care Cooperative requires that users use the Sites within the following rules:

Users may use the Sites, Content and Software solely for the purposes stated on the Sites and as described in this Agreement;
Users may not copy any Content. No text, logo, graphic, sound, image, photograph, or Software published on or underlying the Sites may be copied, modified, published or otherwise distributed or used without the prior express written permission of Care Cooperative;
Except as otherwise expressly stated herein, users may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Sites, in any manner, without the user’s receipt of the prior written authorization of Care Cooperative;
Users may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software underlying the Sites; and
The information on the Sites, the design and layout of the Sites, the Content and Software contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Sites or in this Agreement.

All Content, Software and materials on and underlying the Sites are copyright (c) Care Cooperative, Inc. or are licensed or otherwise used by Care Cooperative with permission. Except where noted otherwise, all rights to these materials are reserved by Care Cooperative or their respective owners.

“Care Cooperative, Inc.”, “Care Cooperative”, “carecooperative.org”, “Better Care Begins with You” and the Care Cooperative logo are trademarks and service marks of Care Cooperative, Inc., which reserves all rights to its marks and logos.

Individuals appearing on the Sites do so with permission. Moreover, names and photographs of individuals may not be copied, downloaded or otherwise used.

All Site Content and functionality, and all Software underlying the Sites, may be changed or updated by Care Cooperative from time to time and without notice. Although Care Cooperative cannot monitor the conduct of users of the Sites, it is a violation of this Agreement to use the Sites or any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any person featured on the Sites.

Any unauthorized use of the Sites, the Content or Software may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.

Disclaimers

Care Cooperative makes reasonable efforts to provide a Site that is safe and accurate, but can make no warranties. Care Cooperative retains the right to restrict use of the Sites in any manner that it deems appropriate.

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USER’S USE OF THE SITES, THE CONTENT AND SOFTWARE IS AT THE USER’S SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARE COOPERATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARE COOPERATIVE MAKES NO WARRANTY THAT: (I) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL CARE COOPERATIVE, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITES (COLLECTIVELY "CARE COOPERATIVE AND ITS AFFILIATES") BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITES OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITES, CONTENT OR SOFTWARE.

THE USER UNDERSTANDS AND AGREES THAT THE USER’S USE OF THE SITES IS PREDICATED UPON THE USER’S WAIVER OF ANY RIGHT TO SUE CARE COOPERATIVE AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM THE USER’S USE OF THE SITES.

THE USER UNDERSTANDS AND AGREES THAT CARE COOPERATIVE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT CARE COOPERATIVE AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITES, EVEN IF THERE IS NEGLIGENCE BY CARE COOPERATIVE OR AN AUTHORIZED CARE COOPERATIVE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

Care Cooperative neither warrants nor represents that the user’s use of Content, Software or any other materials displayed on the Sites will not infringe rights of third parties.

Third Party Websites

The Sites may provide links to other websites ("Linked Sites") as a convenience to the user. Such Linked Sites are not maintained by Care Cooperative, thus Care Cooperative is not responsible for the content, products, services, policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement by Care Cooperative of the Linked Sites.

Third Party Websites Seeking to Hyperlink to the Sites

Care Cooperative welcomes appropriate hyperlinks to our Sites. By publishing a hyperlink to our Sites on third party websites, the user and/or third party warrants that the content of the user’s and/or third party’s website is appropriate and consistent with the stated purposes of the Sites and Care Cooperative. If this is not the case, do not link to any Site. Care Cooperative reserves the right to rescind the right to link to its Sites at its sole discretion.

Use of any Care Cooperative trademark, service mark or other intellectual property or content provided by Care Cooperative for a hyperlink to a Site is permitted and licensed by Care Cooperative solely for the purposes described on the Sites, and the user and/or third party shall not otherwise copy, modify, publish, use or distribute such trademarks, service marks or other intellectual property or content. Upon request by Care Cooperative, the user and/or third party shall immediately remove any hyperlink to the Sites, and discontinue use of any trademarks, service marks or other intellectual property or content provided by Care Cooperative.

Making Donations through Care Cooperative

Through Care Cooperative, 100% of donor users’ contributions to medical facility users’ requests are allocated to those requests.

Included in the material cost (the price of the request exclusive of an additional, optional contribution to support Care Cooperative’s operating expenses) are: (i) shipping charges; (ii) sales tax; (iii) credit card processing fees; and (iv) the cost of postage and processing for donor user thank you messages. All donor users are subject to the specific donor terms described below.

All donations are tax deductible to the extent permitted by law.

State Fundraising Notices

Although Care Cooperative’s financial report is provided free of charge to individuals who request a copy, certain States require us to advise users that a copy of Care Cooperative’s financial report is available from the given State.

Registration with the Secretary of State or Attorney General of any State does not imply endorsement by such body.

Special Provisions for Donors

The following additional terms of the Agreement apply to users who create an account on the Sites for the purpose of donating to a request and to users who donate to a request ("Donor" or “Donors”):

Donor Representations: By applying to become a Donor, the user attests and guarantees that:

The user is a United States citizen at least 18 years of age, or if less than 18 years of age, is acting with parental consent or the consent of a legal guardian, and under supervision;
All information that the user provides to Care Cooperative is accurate, and the user will update the information to maintain its accuracy;
The user has full rights to any information (including, but not limited to, ideas, descriptions, materials and photographs) that the user submits to Care Cooperative, and that the user (and not Care Cooperative) is solely responsible for such submission, including its legality and appropriateness, and that all such materials are the user’s original creations and use by Care Cooperative will not infringe on any rights of any third party; and
Any donation made by the user is legal in the user’s jurisdiction.

Donor Responsibilities: The user will be responsible for the use and maintenance of the confidentiality of the user’s user identification and password for access to portions of the Sites that are specifically for Donors, and shall not share the user’s identification or password with anyone.

The user agrees not to use the account, user name or password of another Donor at any time or to disclose the password to anyone. The user agrees to exit from the user’s account at the end of each session and to immediately notify Care Cooperative of any unauthorized use of the user’s password or account. The user is solely responsible for any and all use of the user’s account and for any actions that take place using such account.

All suggestions and comments provided by users become the intellectual property of Care Cooperative. In addition to the rights of Care Cooperative described elsewhere in this Agreement, users agree that any materials in any form that Care Cooperative may send to users regarding any activity, function, description or purpose are solely for the user’s personal, non-commercial use and may not be distributed, displayed or copied in any way.

Recognizing the critical importance of these restrictions in protecting the rights and privacy of Care Cooperative and its users, partners and affiliates, the user agrees that any breach by the user of any of these restrictions may cause Care Cooperative and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and therefore agrees that Care Cooperative may immediately seek an injunction against the user to stop the user’s distribution, display, or copying of any such materials and the user waives any objection to the scope or venue of such an action.

Services Provided by Care Cooperative: Care Cooperative reviews, verifies and calculates the cost of each medical facility request before we authorize it on the Sites for Donors to view. Care Cooperative uses multiple layers of authentication to verify that: (i) the medical facility and its designated staff members are authentic; (ii) the goods or services requested are authorized for use at the medical facility; (iii) the goods or services are used by the medical facility as described in the request; and (iv) the Donor receives confirmation and evidence that the goods or services funded are used as intended.

To ensure transparency and proper delivery of goods and services, Care Cooperative purchases and sends the requested goods or services directly to the medical facility once the medical facility’s request is fully funded by Donors. This quality control process enables Care Cooperative to ensure that: (i) Donors are fully informed about the use of their contribution; (ii) medical facilities receive the goods and services requested; and (iii) the goods and services are used as intended.

Care Cooperative takes reasonable steps to protect the privacy of any personal and financial information that users may provide to Care Cooperative when using the Sites as described in Care Cooperative’s Privacy Policy. Care Cooperative reserves the right to exclude any Donor from use of the Sites, in Care Cooperative's sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by any Donor.

Disclaimers: If a request cannot move forward, any donations made to the request will be returned to the respective Donor.

Care Cooperative cannot be held responsible for the success of any proposed or funded request or for the activities (or lack thereof) of medical facilities or any users participating in any proposed or funded requests.

Special Provisions for Medical Facilities

The following additional terms of the Agreement apply to users who create an account on the Sites for the purpose of making a request for a donation and to users who make a request for a donation ("Medical Facility" or “Medical Facilities”):

Medical Facility Representations: By applying to become a Medical Facility, the user attests and guarantees that:

The user is an employee of an accredited, licensed medical facility directly serving patients;
The user is authorized by the medical facility to submit the request;
The request submitted by the user is legal and falls within the standards of the applicable codes of conduct and policies of the medical facility;
All information that the user provides to Care Cooperative is accurate, and the user will update the information to maintain its accuracy;
Any requests that the user submits are solely for use by the medical facility with which the user is employed; and
The user has full rights to any information (including, but not limited to, ideas, descriptions, materials and photographs) that the user submits to Care Cooperative, and that the user (and not Care Cooperative) is solely responsible for such submission, including its legality and appropriateness, and that all such materials are the user’s original creations and use by Care Cooperative will not infringe on any rights of any third party

Medical Facility Responsibilities: The user will be responsible for the use and maintenance of the confidentiality of the user’s user identification and password for access to portions of the Sites that are specifically for Medical Facilities, and shall not share the user’s identification or password with anyone.

The user agrees not to use the account, user name or password of another Medical Facility at any time or to disclose the password to anyone. The user agrees to exit from the user’s account at the end of each session and to immediately notify Care Cooperative of any unauthorized use of the user’s password or account. The user is solely responsible for any and all use of the user’s account and for any actions that take place using such account.

Rights Granted to Care Cooperative by the Medical Facility: The user retains ownership in the works that the user creates such as the request submission (except for the photographs taken by the user, as discussed below). Notwithstanding the foregoing, as to all information or materials created by the user and communicated or submitted to Care Cooperative through the Sites and all materials (except for the photographs taken by the user) which the user sends to Care Cooperative after the completion of a request, the user hereby grants to Care Cooperative a perpetual, irrevocable, worldwide, non-exclusive, fully paid and fully sub-licensable license to use the submission and request materials, and portions thereof, in furtherance of Care Cooperative's purposes and activities and to promote Care Cooperative and its programs or services, in any medium, and Care Cooperative may copy, publish, display, create derivative works and make other uses of the submission and request materials (in whole or in part) and license others to do the same, for Care Cooperative's purposes, whether or not the request is funded.

Care Cooperative reserves the right to exclude any Medical Facilities from use of the Sites, in Care Cooperative's sole discretion.

Medical Facilities’ Responsibilities Should a Request be Funded: If a user’s request is approved by Care Cooperative, and in Care Cooperative's sole discretion, submitted on a Site and funded, the user agrees to use the goods or services received solely as stated in the request and in a manner directed by Care Cooperative. The user agrees that requested goods and services will be used as intended in the request.

The user agrees to: (i) obtain permission for Care Cooperative to use images of users, partners, affiliates and/or patients (“Images”) on the Sites or in other documents or publications; and (ii) to supply Care Cooperative with Images within a reasonable time after Care Cooperative has supplied goods and/or services in accordance with a funding request. In the event that permission cannot or will not be granted for use of Images, the user agrees to notify Care Cooperative promptly so that the inadvertent use of Images will not occur.

The user agrees to use Care Cooperative’s goods and services only for the given approved request, and to abide by all other instructions as provided or directed by Care Cooperative regarding the funded request.

Disclaimers: Care Cooperative cannot be held responsible for the success of any proposed or funded request or for the activities (or lack thereof) of Donors or any users participating in any proposed or funded requests.

Care Cooperative will not be required to treat any request submission or related materials as confidential.

Termination

The user may terminate this Agreement by destroying all materials obtained from the Sites, cancelling the user’s Donor or Medical Facility account, as applicable, and stopping all use of the Sites.

Care Cooperative may terminate this Agreement immediately at will for any reason, in its sole judgment, without warning or prior notice. Upon termination, the user must destroy all materials obtained from the Sites and stop all use of the Sites.

Miscellaneous

This Agreement is governed by the laws of the State of New York in the United States of America and controlling United States federal law without regard to its choice of law or conflicts of law provisions.

If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Resolution of Disputes

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Any controversy or claim arising out of or relating to use of any Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by the user and Care Cooperative or, if necessary, by the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York and the user waives any jurisdictional, venue, or inconvenient forum objections to such courts. Either the user or Care Cooperative may seek any interim or preliminary relief from a State or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of the user or Care Cooperative pending the completion of arbitration.

Indemnification

The user agrees to indemnify and hold Care Cooperative, its affiliates, partners and sponsors harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) the user’s use of any Site in breach or violation of any term of this Agreement; (ii) the user’s violation of any law or regulation; (iii) breach of the user’s representations, warranties and agreements as set forth herein (including, but not limited to, the use of Images without permission); or (iv) any content that the user provides to Care Cooperative.

Contact Care Cooperative

In the event of questions about the Sites or this Agreement, users may contact Care Cooperative online by accessing the appropriately labeled links.

Entire Agreement

This Agreement, including the terms specifically applicable to Donors and Medical Facilities, and other policies and notices that Care Cooperative may place on the Sites necessary for access to Donor and Medical Facility portions of the Sites, constitute the entire agreement between Care Cooperative and users in connection with users’ use of the Sites, hyperlinks to the Sites and the Content and Software displayed on the Sites, and supersedes any prior agreements between Care Cooperative and users regarding such matters, including prior versions of this Agreement.

This Agreement may be changed or updated by Care Cooperative at any time, and in such situations, will be reflected on the Sites.

The terms of this Agreement are effective until terminated by Care Cooperative, at any time and without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in this Agreement will survive.