MyCare Terms and Conditions of Use
Last revised: April 27, 2015
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE OR THE SOFTWARE AVAILABLE ON THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
The MyCare health care coordination software (“MyCare”) accessed through this website (together the website and MyCare are referred to herein as the “Website”) is owned and operated by GGNSC Administrative Services LLC and its subsidiaries and affiliates (collectively “GGNSC,” “we,” or “us”). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions (the “Terms of Use”). GGNSC is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Such changes shall become effective immediately upon the posting thereof. Please check these Terms of Use periodically for changes.
Authorized Users
The Website is only available to authorized users, and only pursuant to the terms set forth herein.
You hereby certify that you (1) have been authorized to access MyCare by GGNSC, or by an entity authorized by GGNSC to authorize new MyCare users (each, an “Authorized Entity”); (2) meet and agree to continue to meet all requirements, including requirements relating to employment status, training, access limitations, and confidentiality, imposed on you by GGNSC or the entity that authorized your use of MyCare; (3) have completed the MyCare end user enrollment process; and (4) have accurately and truthfully provided all information required by the MyCare end user enrollment process and all other information reasonably required or requested by GGNSC in connection with the Website. You must be employed by, or otherwise formally affiliated with, an Authorized Entity in order to be an authorized user.
MyCare user accounts may have certain restrictions, imposed by GGNSC in its reasonable discretion, on the information they are permitted to upload, view, and/or access. It shall be considered a breach of the Terms of Use for you to exceed your authorized access to MyCare or any information maintained in MyCare.
Administrative Rights
GGNSC may, at its sole discretion, provide an End User with administrative rights to the MyCare system. You shall not use any such administrative rights to: (i) enable any End User to access any information that GGNSC has not authorized that End User to access; or (ii) add or activate any patients or End Users without providing notice to GGNSC. Any administrative rights granted to you may be limited or revoked at GGNSC’s sole discretion without notice.
MyCare
Provided that you meet the requirements to be an “Authorized User” as set forth in the section above, GGNSC hereby grants you a non-exclusive, non-sublicensable, and non-transferable right to access MyCare solely for your employer’s internal purposes and not for the benefit of any third party. You shall not and shall make no attempt to: (i) remove or modify any markings or any notice of proprietary rights; (ii) download, reproduce, copy, republish, alter, adapt, modify, improve, translate, create derivative works from, reverse engineer, disassemble, decompile, or otherwise attempt to reveal the trade secrets, know-how, or other intellectual property rights underlying or incorporated in MyCare or any information maintained in MyCare, or access or use MyCare in order to build or support, and/or assist a third party in building or supporting, products or services competitive to GGNSC; (iii) interfere in any manner with the installation, maintenance, or continued operation of MyCare or the Website; (iv) license, sell, resell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing, provide access to, make available, or commercially exploit MyCare; or (v) otherwise use MyCare or the Website not in accordance with the Terms of Use. You agree that you shall not acquire under the Terms of Use any license to use MyCare or any related materials in excess of the scope set forth herein.
Third Party Websites
This Website may provide you with links to other websites on the Internet (“Linked Sites”). The Linked Sites are not under GGNSC’s control, and GGNSC is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by GGNSC or any association with the operators of the Linked Sites. Your interactions with third parties associated with the Linked Sites are between you and those third parties associated with the Linked Sites. You hereby agree that GGNSC shall not be responsible for dealings with third parties associated with the Linked Sites.
Proprietary Rights
You acknowledge and agree that the materials contained in this Website are protected by copyright, trademark, and other proprietary rights and laws. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. GGNSC prohibits any third-party website, person, or entity from downloading, scraping, exporting, copying, extracting, capturing information, capturing phone numbers or any content found on the Website for the purpose of creating a collection, compilation, database, directory, redisplay, or distribution of any data and/or content without express written permission of GGNSC. GGNSC may use fictitious information that will help identify any third-party that uses, calls, or displays GGNSC’s content on any website without express written permission of GGNSC. GGNSC will seek maximum punitive monetary damages according to law to protect the information displayed on the Website. All rights not expressly granted herein are reserved. You may not mirror or archive any part of this Website or any material contained on this Website on any server or computer without GGNSC’s written permission.
Submissions
Any content, data, search queries, or other information which you post or submit to MyCare or the Website are collectively referred to as your “Submissions.” You hereby grant to GGNSC the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions alone or as part of other works (including, without limitation, for products or advertising) in any form, media, or technology whether now known or hereafter developed, without incurring any liability for royalties or any other consideration of any kind, and to sublicense such rights through multiple tiers of sublicensees.
You agree that you are solely responsible for each Submission that you post or submit to MyCare or the Website. You are exclusively responsible for the accuracy of all of your Submissions. If you believe information in your Submission is incorrect or you have concerns with GGNSC’s services regarding your Submission, you must notify us immediately.
No Unlawful or Prohibited Use
You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover any materials or information, including passwords, through or in connection with the Website except as authorized by these Terms of Use and as intentionally made available to you through the Website. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
You agree not to use the Website for any purpose that is unlawful or prohibited by the Terms of Use. This includes, but is not limited to, any use of the Website to: (i) take any action or make any communication that is inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, false, abusive, menacing, harassing, damaging, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of GGNSC or any third party; (ii) violate the copyright, trademark, privacy, or other intellectual property rights of any person or entity; (iii) upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer; (iv) improperly assume or claim the identity, characteristics, or qualifications of another person; (v) harvest or otherwise collect information about others without their consent; (vi) violate any applicable laws or regulations, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”); (vii) submit Submissions or any other content using any manual or automatic posting tools other than those provided by GGNSC, unless you have received express written consent from GGNSC to do so; (viii) take any action or make any communications that constitutes unsolicited bulk e-mail, “junk mail,” “spam,” or chain letters; (ix) post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
GGNSC is not obligated to monitor the communications contained on the Website. However, GGNSC may, at its sole discretion, edit, decline to post or process, or remove any content on the Website, including Submissions.
HIPAA
You agree that you shall at all times comply with the Privacy and Security Rules regarding the use and disclosure of PHI and ePHI, including the “minimum necessary” standard, when and as required by HIPAA and its implementing regulations. If at any time you believe that any individual is or may be in violation of any law, ordinance, code, or regulation as a result of his or her use of the Website and/or MyCare, you shall immediately notify GGNSC of the violation or potential violation.
Legal Age
This Website is not intended for children under the age of 18. By using this Website, you affirm that you are at least 18 years of age, and are fully able and competent to enter into these Terms of Use. If you are under 18, please do not provide Submissions or otherwise use this Website.
Security
In order to enable access to the Website, you will be assigned a unique password and identification name (“End User Credentials”). You are solely responsible for ensuring the security, confidentiality, and proper use of your End User Credentials. You should not reveal your End User Credentials to anyone else or use anyone else’s account. You are entirely responsible for all loss and damages arising from activities that are taken with the use of your End User Credentials, and you agree to immediately notify your employer and GGNSC upon discovery or reasonable belief that your End User Credentials or any other security mechanism related to the Website or MyCare has or is likely to become known to someone not authorized to use it or is being or is likely to be used in an unauthorized way. GGNSC reserves the right to suspend your access to the Website and/or MyCare if at any time GGNSC reasonably considers that there is or is likely to be a breach of security or if you fail to comply with GGNSC’s instructions or requests in relation to security matters. GGNSC will recommence access to MyCare once the cause of the suspension has been remedied.
No Representations or Warranties
GGNSC makes no representations or warranties that this Website is free of defects, viruses, or other harmful components. GGNSC shall not be responsible to you for any damages or loss that may result from the hacking or infiltration of this Website or GGNSC’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD GGNSC HARMLESS FROM, AND YOU COVENANT NOT TO SUE GGNSC FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this Website may contain technical inaccuracies, outdated information and typographical errors. ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GGNSC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. GGNSC MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Liability
UNDER NO CIRCUMSTANCES SHALL GGNSC OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GGNSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; GGNSC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the Website or the associated services, your sole remedy is to cease using them.
Indemnity
You agree to defend, indemnify, and hold harmless GGNSC and its employees, agents, directors, officers, shareholders, agents, and affiliates from and against all liabilities, claims, damages, costs, obligations, debt, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use or misuse of this Website, any Submissions that you submit to this Website, your breach of any obligation, term, or warranty in these Terms of Use, and your infringement of the intellectual property or other rights of third parties.
Termination, Suspension, and Limitation
If you fail to comply with any of these Terms of Use, GGNSC may suspend your use of the Website, block, or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity. GGNSC may, at its reasonable discretion, immediately suspend or limit your access to the Website without notice and notify your employer of such action if (i) you breach these Terms of Use; or (ii) you exceed your access rights. Additionally, GGNSC may terminate your access to the Website in the event you (i) you breach these Terms of Use and fail to cure such breach within seven (7) days of written notice from GGNSC; or (ii) you exceed your access rights and fail to cure such breach within seven (7) days of written notice from GGNSC, or (iii) you quit, are fired, or are otherwise no longer formally affiliated with an Authorized Entity. GGNSC shall not be held liable to you for any limitation, suspension, or termination of your access to this Website in accordance with these Terms of Use.
Trademarks and Copyrights
Trademarks, service marks, and logos appearing in this Website are the property of GGNSC, Aegis Therapies, Inc., or the party that provided the trademarks, service marks, and logos to GGNSC. GGNSC and any party that provided trademarks, service marks, and logos to GGNSC retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Website.
Privacy
We collect personal information (i.e., information that could be used to contact you, such as full name, postal address, phone number and email address) and demographic information (e.g., zip code, hometown, gender, purchase history information, and age) from you if you choose to provide that information to us during the MyCare end user enrollment process or during your use of the Website. We also automatically collect your IP address and use cookies to track your activity on the Website in order to administer and optimize the Website, diagnose problems with the Website, conduct research regarding the use and effectiveness of the Website, and, in certain cases, to help identify you. We do not share this information except as reasonably necessary in connection with the administration of the Website or as otherwise agreed between GGNSC and your employer.
We may also disclose any information submitted to the Website, including your personal information, if: (1) the disclosure is necessary or useful to the operation of the Website or our provision of services; (2) we believe in good faith the disclosure is required by law (such as a search warrant, subpoena or court order); (3) we believe in good faith the disclosure is necessary to protect our rights, interests, or property; or (4) we are acting in good faith to protect an individual’s personal safety.
General
This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Any action to enforce or interpret the Terms of Use must be brought exclusively in the state or federal courts serving Collin County, Texas, and the Parties hereby consent to the exclusive jurisdiction of these courts in any such litigation, hereby waiving the affirmative defenses of lack of personal jurisdiction, lack of venue, and forum non-conveniens. GGNSC may assign this agreement, in whole or in part, at any time. These Terms of Use constitute the entire agreement between GGNSC and the user with respect to this Website, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between GGNSC and the user with respect to the Website. As such, these Terms of Use represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications.
Specific areas or pages of this Website may include additional or different terms relating to the use of this Website. In the event of a conflict between such terms and these Terms of Use, the terms provided on the relevant specific area or page of the Website shall control.
All rights not expressly granted herein are reserved exclusively and entirely to GGNSC.
Contact Information
Questions about these Terms of Use should be directed to the following address via certified mail:
GGNSC Administrative Services LLC
1000 Fianna Way
Fort Smith, AR 72919