Please read the Terms of Service carefully before you (the “User”) start to use http://www.careanalytics.net. By using, accessing, or viewing the Websites of CARE Analytics Associates, Inc. and its Affiliates (“CARE Analytics”, “we” or “us”), including any content, functionality, and services offered on or through http://www.careanalytics.net including, but not limited to web based applications such as the Improvement Portal, CARE Analytics Online, or Clinical Performer(the “Website[s]” or “Site[s]”), whether as a guest or registered user, the following terms and conditions (“Terms of Service”) apply.  By using the Website you accept and agree to abide by and be bound by the conditions and terms set forth in these Terms of Service. If you do not want to agree to these Terms of Service, you must exit the Website.

SCOPE OF AGREEMENT

These Terms of Service may be changed periodically at the sole discretion of CARE Analytics. Users will be bound by the version of this agreement posted at http://www.careanalytics.net or other Sites. Users are expected to check the Terms of Service periodically to take notice of the changes to the Terms of Service to which they are bound. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. Questions may be sent to legal@CAREanalytics.net.

LICENSE & WEB SITE ACCESS

CARE Analytics hereby grants you, the User, a license to use, access, and view the Website, forums, and Internet material. This license is personal, non-exclusive, non-transferable, and revocable at the sole discretion of CARE Analytics with or without cause. You may not assign or sublicense this license to another party.

The Website contains both public and restricted domains; CARE Analytics’s authorization to view any portion of the Website provides Users no grounds for access to other portions of the Website. User access to Website content is at the complete discretion of CARE Analytics. Restricted areas of the Website require account creation and subsequent User login. Users are responsible for maintaining the confidentiality of their User account information, including user name and password. Users are solely responsible to CARE Analytics for all activities that occur under their account and agree to immediately notify CARE Analytics of any unauthorized use of your user name, password, or any other breach of security. We reserve the right to disable any user name or password, whether chosen by you or provided by us, at any time, for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service. We reserve the right to view, monitor, and record activity on this site without notice or permission from you.

We may disclose any records, electronic communications, information, materials, or other content of any kind for the following reasons:

•     If we believe in good faith that the law or legal process requires it;

•     If such disclosure is necessary or appropriate to operate this Site; or

•     To protect our rights or property or the rights or property of our Users and business partners.

Information may be stored, produced, or copied in reasonable quantities for appropriate periods of time for valid business purposes. Users who store, produce or copy information are individually and completely responsible for any misuse, misappropriation, or improper disclosure of that information.

PROHIBITED USES

YOU MAY NOT USE THIS WEBSITE FOR ANY ILLEGAL PURPOSE. You may only use this Website for lawful purposes and in accordance with these Terms of Service. You agree not to use this site for:

•     Violating any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

•     Selling, distributing, or any form of commercial exploitation of content gathered from any of the websites;

•     Data analysis beyond the scope of the contractual relationship between you and CARE Analytics, including, but not limited to: data mining, extraction tools, web bots, web crawlers, or other extraction or automated data gathering;

•     Decompiling and/or recompiling data;

•     Selling, renting, leasing, lending, or transferring any services or content provided on this site;

•     Disrupting this site by any form from its primary purpose;

•     Introducing any virus, Trojan horse, worm, logic bomb, or any other material which is malicious or technologically harmful;

•     Methodical attempts to access restricted content; or

•     Accessing the Websites for anything other their primary purposes.

LINKS TO THIRD PARTY WEBSITES

The CARE Analytics Website, and affiliate Websites, may contain links to websites and domains outside of the control of CARE Analytics (“Third Party Websites”); these links are provided for your convenience only. CARE Analytics is neither responsible for the content or resources of Third Party Websites, nor any harm arising there from. Users who access any of the Third Party Websites linked to this Website do so entirely at their own risk and are subject to the terms and conditions of use for such Third Party Websites.

CARE Analytics disclaims any duty to monitor or maintain the links. CARE Analytics inclusion of a link on its Website shall not, and must not be construed as an endorsement of that website or any affiliated product. CARE Analytics makes no representations or warranties of any kind, either expressed or implied, as to the reliability or completeness of any information contained on Third Party Websites.

DISCLAIMER & WARRANTY

CARE Analytics expressly disclaims any and all representations and warranties. Users are to infer no warranties or representations from CARE Analytics. The information provided on the Website is strictly presented “as is” for the User with the individual User solely and completely responsible for use of its content. Further, CARE Analytics expressly disclaims warranties of accuracy, completeness, non-infringement, Website availability, and suitability for all content found on any and all Websites. CARE Analytics is not responsible for any content, associated express or implied representations or warranties, or any Third Party Website linked from the CARE Analytics Website.

PRIVACY POLICY

CARE Analytics respects the privacy of all patrons who use our Websites. Our U.S. and E.U. Privacy Policies (U.S. – http://www.careanalytics.net/privacy.aspx, E.U. – http://www.careanalytics.net/euprivacy.aspx) (collectively “Privacy Policy”) reflect our intent to protect the private information of all Users of our Websites. The Privacy Policy should be read together with these Terms of Service as it will form the basis for your use of CARE Analytics Websites. By accessing and using this Website you will be deemed to have read and accepted the terms and conditions, together with the practices set out in this privacy statement.

The information we collect from you may include personal data. We will only collect and process such information as is appropriate and necessary according to the type of services you wish to establish with us. To the extent that the information you provide to us includes personal data, you agree to CARE Analytics processing all such personal data for the purposes of providing requested services. Except to the extent required by law, we will not sell, lease, or release your name, address, telephone number, email address, or other personal data without your consent. CARE Analytics does not contribute to or participate in cooperative databases, which give other companies access to such personal information.

To provide a secure environment that is protected from unauthorized third-party access, alteration, theft, or misuse CARE Analytics uses industry-standard technology including encryption and firewalls to protect personal information gathered online. To enable us to provide a secure environment, CARE Analytics may use personal information internally to diagnose problems or to contact you if necessary.

CARE Analytics corporate Website (http://www.careanalytics.net) collects and stores only personal information that clients and visitors knowingly provide.

CARE Analytics Community (“Community”) Websites (https://www.careanalytics.net/forum) collect and store only personal information that clients and visitors knowingly provide. Any information you choose to share when using any of these forums or functions becomes public information.

CARE Analytics Briefings is a monthly email.  If you no longer wish to receive CARE Analytics Briefings, you may opt out by clicking “Unsubscribe” at the bottom of the Briefings email.

INTELLECTUAL PROPERTY PROTECTION

CARE Analytics is a knowledge-based company and will protect its intellectual property to the fullest extent possible under the law. CARE Analytics expressly reserves all protections for its proprietary material including copyright, trademark, trade dress, patent, and trade secrets. Any violation, infringement, or misappropriation of CARE Analytics intellectual property should be immediately reported to legal@careanalytics.net or to your CARE Analytics representative.

All content on this Website and affiliated Websites, are owned by CARE Analytics and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes, but is not limited to all software, compilations of content, search functions, photographs, graphics, logos, text, buttons, page layouts, audio, and video. You are permitted to use the Website for legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of CARE Analytics. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to legal@CAREAnalytics.net. If you print, copy, modify, download, or otherwise use any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of CARE Analytics intellectual property inconsistent with this agreement requires prior written consent by CARE Analytics. Violations, infringements, and misappropriations of CARE Analytics intellectual property will be prosecuted to the fullest extent of the law.

CARE ANALYTICS COMMUNITY

The CARE Analytics Community (“Community”) contains message boards, forums, bulletin boards, and other interactive features, which allow Users to post, submit, publish, display, or transmit content or materials to other users (collectively "User Contributions"). All User Contributions must comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CARE Analytics, retain full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by CARE Analytics, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of CARE Analytics. Any User Contribution posted to the Website will be considered non-confidential and non-proprietary, and CARE Analytics reserves the right to use, copy, distribute, and disclose such information to third parties.

CARE Analytics has no legal obligation to monitor the content of the Community. CARE Analytics may monitor the Community to facilitate business relationships; however this conduct shall not be construed to impose a legal obligation to control the content posted in the Community. For the benefit of the User’s participation in the Community is contingent on adherence to the following restrictions:

 POSTS MUST CONFORM TO THE ESTABLISHED STRUCTURE – The Community allows for a virtually unlimited number of topics, CARE Analytics has imposed a limited structure to ease navigation to desired topics. Users shall use their best efforts to follow the structure of the Community. If no posts cover the specific question; Users are encouraged to start a new thread for that subject within the appropriate area. Moderators may move threads that are more appropriately covered elsewhere to a different section.

POSTS MUST BE RELEVANT TO THE DISCUSSION – Users are prohibited from posting distracting, inappropriate, or off topic responses. Spam postings will not be tolerated and may result in immediate revocation of User’s access to the Community. The Community is not to be used for commercial purposes or to generate business leads.

USERS MUST BE RESPECTFUL – Posts containing racist, profane, obscene, or inflammatory statements directed at individuals, communities, or the general public will not be tolerated. CARE Analytics will remove such posts either in whole or in part. The Community is for professional discourse; as such Users are expected to act as professionals. Introduction of statements regarding religion or politics, while not prohibited, should be worded respectfully and done with caution.

THIS IS A PUBLIC FORUM – By posting Users have forfeited any and all expectations of privacy and ownership of the content of their posts. This content may be re-used, reproduced, disseminated, published, retained, and transmitted at the discretion of CARE Analytics. Authorship of content will generally be recognized in the reproduction, unless CARE Analytics is in receipt of written request for content to remain anonymous from the User, or when it is CARE Analytics interest to conceal the authorship. Under no circumstances whatsoever will any User be compensated for CARE Analytics use of any posted content.

COMMUNITY POSTS ARE NOT MEDICAL OR LEGAL ADVICE – While many topics may relate to, depend on, or appear to be medical and/or legal advice, no post shall be construed as medical and/or legal advice. All Users must consult their respective medical and legal representatives for their relevant professional opinions. Despite User’s potential professional capability to offer advice in a legal and/or medical capacity, CARE Analytics expressly prohibits such action.

Moderators have complete discretion on the maintenance, review and content policing regarding the Community. Posting guarantees Users no rights of publication or continued display, CARE Analytics may alter or eliminate any or all aspects of the Community at its sole discretion.

CARE Analytics encourages a vibrant online Community. Contributions by Users increase the value of the Community and expand the available community knowledge. If Users feel their activity in the Community is being limited due to the aforementioned restrictions, please contact legal@CAREAnalytics.net or community@CAREAnalytics.net.

CARE Analytics expressly reserves the right to remove or modify any materials posted by Users at its sole discretion. Violations of the aforementioned policies may result in termination of User privileges, not necessarily limited to the Community. Repeated or flagrant violations by a User will result in termination of that User’s Community privileges. Any violation that constitutes illegal conduct will be reported to the appropriate legal authority, along with CARE Analytics action to terminate User access.

CONTRACTUALLY RELATED PARTIES

A Contractually Related Party, is one that has pre-existing and independent business relationship with CARE Analytics, those parties will be referred to collectively as “Client” regardless of the technical structure of the contractual agreement. Nothing within these Terms of Service should be construed as to be in conflict with other contractual arrangements; these Terms of Service shall govern any conflict between contractual obligations.

Client specific reports and data analyses created by CARE Analytics for Client resulting from a contract will be the exclusive property of Client when and where it is obtained from Client through a secure login and clearly designated for that Client. CARE Analytics maintains ownership of the “CARE Analytics Knowledge Base”. The “CARE Analytics Knowledge Base” means CARE Analytics questions, methodologies and protocols, comparative and benchmark databases, software, and any related documentation generated by CARE Analytics, including all survey scores. CARE Analytics understands that Client will allow CARE Analytics limited access to certain survey respondent information, which is the sole property of Client. Data which has been stripped of identifying indicators, as specified by the Health Insurance Portability and Accountability Act of 1996, and incorporated into CARE Analytics comparative or benchmark databases shall cease to be Client information and shall become part of the CARE Analytics Knowledge Base. CARE Analytics owns the CARE Analytics Knowledge Base and grants to Client a non-exclusive, non-transferable license to use the CARE Analytics Knowledge Base for purposes of the agreed upon relationship between Client and CARE Analytics.

Client may use Data Files provided by CARE Analytics for internal purposes only and not for the benefit of any third person or entity. Client may only share, disclose, or transmit the Data Files to a person who is an employee of their organization or has a contractual relationship with their organization within the context of further analysis of their own performance. The data and information may not be used in a manner that combines any of the information in the Data Files with other information to generate benchmarks. Data Files may not be shared with other organizations that provide satisfaction/experience/engagement measurement reporting tools, services, or other activities similar to that of CARE Analytics. 

Client shall receive all necessary and proper consents to conduct patient satisfaction surveys, informational surveys, and any other surveys related to the contractual relationship.

GOVERNING LAW & JURISDICTION

 These Terms of Service and any dispute or claim arising from them will be governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision. United States federal law will apply where and when applicable. Nothing in this contract shall be construed to permit or require conduct contrary to the domestic laws of any nation for the actual use of the Website in that nation.