The Terms and Conditions agreement (From now on referred to as the “Document”) regulates between You and us the terms of service/use We provide. On accepting the Document, You are bound by the stipulations stated in the Document.
YOU MAY ENTER INTO THE DOCUMENT IN BEHALF OF ANOTHER ENTITY ONLY IF YOU ARE AUTHORIZED TO BIND THEM TO SUCH AGREEMENTS. ONCE YOU ACCEPT THE DOCUMENT ON BEHALF OF ANOTHER ENTITY, THEY ARE OBLIGED TO FOLLOW THE TERMS OF THE DOCUMENT. ONCE YOU ACCEPT THE DOCUMENT ON BEHALF OF ANOTHER ENTITY, THEY ARE OBLIGED TO FOLLOW THE TERMS OF THE DOCUMENT. The Document shouldn’t be accepted if You don’t have the requisite authority to represent the Company or legal body. Besides, if You don’t agree to any stipulations mentioned herein, please don’t accept the Document; consequently, you shall not be able to access Our Services. You shall use real identities or correct contact details while accepting the stipulations stated in the Document and shall not impersonate or use a fake identity for the same.
The Document comes into force from the date you accept the Document.
DEFINITIONS
“We,” “us” or “Our” means Care Monitoring System LLC.
“You” or “Your” means the individual person or company on behalf of whom the person accepts this Document. It also includes the Affiliates of the person or company.
“HOST” means a person who uses CCMSACTIVITIES.COM to entertain the residents at home or in the facilities. Care givers (CG) can be a HOST
“Provider” means the long-term care facilities, individual or resident’s family member, who is responsible providing shelter food and medication assistance to the resident and the person accepts this Document.
“Resident” means the individual to whom the providers provide shelter food and medication assistance.
“Services” means the Web-based Services that will be provided by CCMSACTIVITIES.COM
“CCMSACTIVITIIES.COM” stands for “Computerized Care Monitoring System Activities.com” a web-based application owned by Care Monitoring System.
Our Services
Subscriptions. Each subscription is assigned exclusively to Provider and LTC Pharmacy cannot be utilized by more than one Provider and LTC Pharmacy
Provision of services. Once You have agreed to the terms of the Document, you will be able to avail Our services for the term of Your subscription. You accept that Your purchase is not dependent on Our supply of features that may be released in the future or Our comments regarding such future featuresUse of Services. On availing Our services, you will be responsible –
For complying with the terms of this Document
For ensuring You use Our services exclusively for Your business and in accordance with the user guide and the applicable laws in force.
For ensuring that Our serviced are not used by unauthorized persons. You shall immediately inform us regarding such unauthorized use.
To make certain that You do not allow any other person, except the user, to avail Our services.
To not sell, resell, rent, or lease the Services provided by us.
To ensure that You do not use Our services for unlawful purposes or to violate a third party’s rights.
CCMSACTIVITIES.COM can be accessed 24x7 and through it the Services. CCMSACTIVITIES.COM is refreshed at Midnight Pacific Time as a measure to prepare it for the following day.
In the circumstances beyond our control, CCMSACTIVITIES.COM might not be accessible. Such events include but not limited acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
On occasions wherein the internet service is disrupted because of the Internet Service provider issues, or other reasons, You understand and agree that in the situation mentioned above You shall use manual or prior methods.
The Provider shall always have a manual backup method to be used in times of emergency of catastrophic events. We recommend that you shall print the hard copy of the service forms or instructions to be used during such catastrophic events.
CHARGES AND PAYMENT FOR SERVICES
Subscription charge: We do not seek from You any specific charge on the Website. However, the payment concerning the charge is facilitated through a separate billing process.
Charges are computed based on the Services acquired and not on the usage
The Basic Services charge paid comprises a 12 months “subscription duration” (duration for 12 months), and the term commences from the date of purchase of the Service. Thereafter each subscription Service, if you renew Your subscription before the expiration of subscription duration, will commence from the anniversary of the date of purchase of the Service until the subscription duration. You understand that charges paid will not be refunded neither will it be creditable.
We offer through CCMSACTIVITIES.COM application a range of Services to select from. Consequently, the Service charge will vary corresponding to the Service opted for. Only Provider can select from the range of Service. Although We may at our sole discretion, alter Service charges, and You understand and agree that We shall not be liable in any manner to the extent law permits for any such alterations. On subscribing to our Services, You are required to pay a one-time installation and set-up fee, and this fee is non-refundable. Each subscription class has a subscription duration of 12 months
A particular link will be provided through which You can access The website. The Provider will register on CCMSACTIVITIES.COM and after acceptance of Terms and conditions stated therein, the registration is considered successful. The Provider will receive subsequent to successful registration, a second notification via email or call.
The second notification is for understanding the requirements of The Provider as the understanding will lead to us creating a customized website and database for them and where they can store their data. We also provide Training wherein We explain the working of The website to Providers so that they can use The private website without impediments.
We may reduce or remove the amount of fee due at certain times for promotional purposes. We have the sole discretion in such instances regarding the reduction or removal of the fee and the duration of such a promotional offer.
Payment and Invoicing: For modes of payment, You will submit to us valid and recent credit card credentials or provide us with a working purchase order or another document that is reasonably acceptable to us. You are also responsible for providing us with latest and correct contact information.
Overdue Charges. You are responsible to pay the amount of fee by the due date. If You fail to make such payment on time, We will have the right to demand an extra charge at the rate of 1.5% of the outstanding balance per month, till the amount is paid in totality or the maximum amount permissible by law, whichever is lower.
Suspension of Service. If You default in paying Your dues for Our services or if You violate any terms of this Document, we have the discretion –
To demand You to immediately pay Your dues
To suspend Your services till the time You pay Your dues
In the event that Your subscription is suspended, you will be required to pay the reinstatement fee in addition to Your other dues under this Document. If there’s a delay on your part on paying the reinstatement fees along with unpaid balance and the delay extends more than seven days, Your information in the database will be lost. You are solely liable to create a backup of Your information before any information concerning You is lost.
You can use the Services once the restoration fees are paid; however, the decision to restore shall be at our exclusive discretion
Payment Disputes. If You are able to justify bona fide delay in payment within five (5) working days after receiving a notice for payment by us and show cooperation to resolve the issue, We may waive off Our rights under this section (c)Overdue Charges or (d)Suspension of Service and Acceleration. If You do not raise any dispute within the given time period, it will be deemed that You have accepted the charges on Our services without any dispute.
Taxes. The fee demanded by us does not include any taxes, levies, duties, or similar governmental sanctions, unless otherwise stated by us. It is Your responsibility to pay all taxes applicable on Your purchase of Our services. If We are obligated to collect and pay taxes for Our services on Your behalf, you will be responsible to pay us the applicable amount. We shall send You an invoice for the same. You may be exempted if You provide us with a valid tax exemption certificate authorized by the appropriate authority
Deploying THIRD PARTY SERVICE PROVIDERS
If You deploy or purchase any Third-party articles or services, for instance, third-party improvisations and applications, Third-party bespoke services or advisory services, that entails transmission of data between such third-party provider and you. The transmission mentioned above is exclusively between You and the relevant third-party provider. You understand that we do not endorse or vouch for any third-party products or services, although we may offer them. Although we may nominate them as Certified or similar approval, we do not guarantee or support the functionality of third-party products or services. There are no requirements, such as buying third-party products or services for the deployment of Services.
CONFIDENTIAL INFORMATION
Definition. Under this Document “Confidential Information” means all the information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), which is confidential in nature or should be deemed to be confidential depending on its circumstances. The Disclosing Party and Receiving Party can be either You or Us contingent on who is sharing the Confidential Information. This information could be shared orally or in writing. Such information may include Your Data or Information regarding Our services. However, confidential information shall not include-
Information, which is or becomes known publicly, without any intentional breach of obligation caused by any party to any other party.
Is known information to the Receiving Party prior to its disclosure by the Disclosing Party without any breach of obligation towards the Disclosing Party.
Is revealed by a third party without any breach of obligation by the Disclosing Party.
Was independently found by any party
>Protection of Confidential Information. The Receiving party is responsible for the following, unless the opposite is permitted in writing by the Disclosing Part-
The Receiving Party has to use the same degree of care to protect any confidential information disclosed by the disclosing party as it would, to its own confidential information of like kind. Receiving Party must make sure not to disclose any confidential information for any purpose outside the scope of this Document.
The confidential information given by disclosing party should only be revealed to a limited number of employees, contractors and agents who need such access for purposes consistent with this Document and who have agreed to protect such information by singing a confidentiality Document.
Securing the data collected: We deploy adequate safeguards that cover different data protection aspects like administrative, physical and technical. We shall (a) Alter your Data only when You submit such a request (b) Share the data that we have regarding you only under situations as specified under (Forced Sharing) or when You have allowed us in writing for such sharing, or (c) make use of Your Data only when We require it to render You with the Services or resolve a technical or complaint registered by You, or in circumstances that entail customer support, and you have submitted such a request.
Forced Sharing: Law in particular limited circumstances forces data collector or data possessor to share the information with legal authorities or bodies. In such circumstances, the Recipient Party may share Confidential Information. However, the Receiving Party must inform the Disclosing Party about the forced sharing, to the extent permitted by law and also proffer help, if the Disclosing Party desires to challenge the order of Forced Sharing legally. When a Receiving Party is forced to share the confidential information under a law or regulation, and such sharing is a result of a legal proceeding (Civil) of which the Disclosing Party is a party to and the Disclosing party doesn’t challenge the Forced Sharing order. In the circumstance mentioned above, the Disclosing Party shall bear the cost that the Receiving Party had to undertake as a part of adhering to the order vis-à-vis furnishing the authorities with Confidential Information.
PROPRIETARY RIGHTS
Reservation of Rights. We reserve all rights, title and interest in the Services provided by us including all intellectual property rights, unless such rights are expressly granted to You by virtue of this Document.
Limitations. You are restricted from the following activities-
You shall not allow any third party to access Our services
You shall not copy or derive work based on Our services
Duplicate, frame or mirror any part of Our Services
Attempt to reverse engineer the services provided by us
Duplicate any features, functions, or visuals of Our Services
Ownership of Data. You are the sole owner of all rights, title, and interest in and to all of Your Data, in the Document between You and us.
Suggestions and Feedback. We shall retain all right, title, and interest in and to all Feedbacks, suggestions, recommendations etc. given by You or Your users. We shall not be required to pay any additional cost. If You are not able to assign such rights to us, you hereby grant us all the rights to create sublicenses or incorporate Feedback into the Services in any manner of Our choice
Warranties and Disclaimers
Disclaimer.
Your purposes will be met by the Services is not guaranteed by us. Besides, Services will function without chokepoints, disruption or Services will function with the integration of third-party software or services [excluding the software that We allow in this Document] is not vouched by us. We do not claim that all bugs, errors in the context of the Services can be fixed [excluding the errors bugs explicitly stated herein the Document]. NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
We warrant the following:
The Services will function significantly in consonance with the Training Manual
The Services functions will not degenerate after You subscribe to the Services
If We are found wanting of the standard as mentioned above in the context of the Services, please inform us about the Services not meeting the warranties (Contravention). You must inform us of any such instance within 36 hours from the moment the contravention of warranties occurs. Upon informing us, We shall act according to the Industrial standards to resolve the cause of contravention. The resolution entails rectifying chokepoints, bugs or deficiencies that bring about the contravention of warranties vis-à-vis Services.
In an unlikely scenario wherein, We are not able to fix the source of the contravention, You will have recourse to the following
Repudiation of the Document (Services) as stated under Term and Termination section [J] (b).
We shall transmit a Service credit proportionate to the duration of contravention of the Services set off against Your upcoming payment to us, and such credit will not be more than the 100% of the fees/service charge that you are bound to pay us.
Warranties pertaining to You and us
You and we warrant the following:
Malicious code will not be transferred by either party
Have attained majority age as recognized by the applicable law or don’t have any infirmities that prevent them from executing this Document.
INDEMNIFICATION
Indemnification by You. You shall indemnify us against all claims brought against us by a third party in relation to the following –
The allegation that Your use of Our services is in breach of this Document or violates any Intellectual Property rights of a third party or violates any other law in force.
Any claim arising on the Modifications or changes made by You in Our services. You shall indemnify us for any damages and attorneys’ fees incurred by us in connection with any such Claim, as long as We-
Give Your prompt an immediate notice of such a claim in writing
Give You the exclusive control of the defense and settlement of the Claim
Provide You with all reasonable assistance required.
LIMITATION OF LIABILITY
Limitation of Liability. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS Document, UNDER ANY LAW, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU. WITH RESPECT TO A SINGLE INCIDENT THE LESSER OF $10,000 OR THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT.
TERM AND TERMINATION
Term of subscription. Your term of subscription begins from the date of Your acceptance to this Document. Each subscription will automatically renew on the end of one term, for a period of Your existing subscription or one year, whichever is shorter, unless either of the parties sends a written notice for no renewal of term at least 30 days prior to the end of Your existing subscription term. The fee for each renewed term will remain the same as the previous term, unless We send a written notice informing You about the increase in price, 30 days before the beginning of such term. In this case, your term will renew with the increased fee and continue thereafter.
Termination. A party may terminate this Document in the following occasions-
If a party commits material breach and such breach remains uncorrected even after a 30-day written notice is given to the party.
If a party gives a prior notice of 60 days in writing.
If We give You a notice of amendment to this Document or provide a new version of this Document, you have five (5) days to refuse to such Document. However, if You continue to use Our services during such period, you will not be entitled to terminate under this Section.
Unless, expressly mentioned, you shall not be entitled to receive any refund in case of termination under this clause.
SUPPORT
Technical Support. We shall give technical consultation and support via telephone and Video chat for any reasonable issues relating to Our Services. You will be responsible for appointing individuals within Your organization who will be considered at the principal point of contact between You and us. All of Your support queries must come though the principal point of contact, and We shall provide support through Our support centers to such person. Technical Support is provided through phone, chat, or video conferencing and We use Zoom or Skype for providing Training or when video conferencing is required.
New Releases, Enhancements. Over time We shall releases new versions of Our services in order to correct glitches, bugs etc. and introduce updates and enhancements. We will assess the progress of Our enhancements, features or modifications requested by and for Your use. All new versions containing patches, updates etc. are and will be Our sole property.
MISCELLANEOUS
Jurisdiction and Governing Law. This Document shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A. without regard to the conflict of laws principles thereof. The parties irrevocably agree that the courts of the State of Everett, Washington and/or the Federal Courts located in the State of Washington shall exercise exclusive jurisdiction to settle any action or dispute seeking legal or equitable relief with respect to any matter arising under this Document. The venue of any such action will be in, Washington and/or the U.S. Everett District Court of Washington. Additionally, all the costs and expenses of any such proceeding borne by the successful party shall be borne by the unsuccessful party, including all attorneys' and other professional fees and expenses.
Assignment. You are hereby restricted from assigning any rights obligations and other interests in this Document, wholly or partially, to any third party, without Our written consent. Any assignment made without Our prior written consent will be considered as null and void.
Waiver. Waiver of any terms of the Document, shall only be effective once the waiving party does so in writing and duly executes it. No such waiver shall permit for breach or waiver of any terms of the Document. Failure of a party in exercising or delay in exercising any rights under this Document, shall not function as a waiver, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. A course of dealing between the parties will not be considered effective to modify, amend or discharge any part of this Document or the rights or obligations of any party given in the Document.
Entire Document. The present Document states the entire understanding between parties and surpasses any older Document or understanding between the parties in relation to this subject. We hold the right to make amendments to the existing Document after providing You a notice of amendment or new version of the Document. If You continue to avail Our service after receiving such a notice, we shall consider this as Your acceptance of the amendment or new version of the Document. Thus, if You do not agree with any terms of amendment or the new version of the Document, you must discontinue the use of Our services. We shall not provide representations, warranties, or obligations of any party which is not expressly contained herein. If there is conflict between the terms of this Document, the terms of this Document will control. No other document or terms shall be considered as part of this Document and any such documents will be invalid.
Survival. All provisions contained in this Document that by their nature would survive its termination will survive indefinitely.
Messages and Promotions. By subscribing to Our services, you allow us to send messages, newsletters, offers and other promotional materials related to Our company, the Services and other products and services We offer, unles
