Please read these Terms of Use (“Terms”) and our Privacy Policy (“Privacy Policy”) carefully prior to your (“user,” “you” or “your” as applicable to the context) (i) use of Care Angel, Inc.’s (“Care Angel, “ “we,” “our” or “us" as applicable to the context) automated, intelligent caregiving monitoring services (“Services”) on Care Angel’s proprietary voice powered AI technology platform (“SmartCare”), (ii) use of SmartCare, this website, Care Angel’s application which provides access to the Services and Care Angel’s AI avatar which delivers the Services (collectively, “ANGEL”), or (vi) your submission of information to Care Angel through ANGEL or the Services. By doing any of the foregoing, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with all of these Terms and our Privacy Policy, you are not authorized to use ANGEL or the Services and your sole remedy is to stop using ANGEL and the Services.
The Services are designed to assist you with organizing, storing, managing, accessing, viewing and sharing information related to the monitoring of care of family members, loved ones or other third parties or monitoring your own care (each, a “Care Recipient”). Care Recipients receive automated check-in calls (“Care Calls”), texts, in-app notifications and emails from ANGEL to assist with monitoring their care. When you register to use the Services, you will need to create a Care Recipient profile (“Care Recipient Profile”) for the Care Recipient. The Care Recipient Profile will be accessible by the person who creates the Care Recipient Profile (“Care Giver”), as well as by anyone who is designated to receive alerts about the Care Recipient (“Care Aide”) or who is on the speed calling list for the Care Recipient (“Quick Call Member”). All Care Givers, Care Aides and Quick Call members for a Care Recipient and the Care Recipient set forth in the Care Recipient Profile are collectively referred to as a “Care Circle.” Members of a Care Circle can use the Services to (i) upload information to or update information about a Care Recipient on the Care Recipient Profile; (ii) utilize tools and other features to organize and manage the Care Recipient Profile; and (iii) view the information uploaded to a Care Recipient Profile by other members of the Care Circle.
Certain individuals who have access to a Care Recipient Profile will be able to access, view, share, download and distribute information in that Care Recipient Profile and upload additional information to that Care Recipient Profile. You should carefully consider these features and the information you share with others before selecting these features and sharing your information.
You are only entitled to use ANGEL and the Services for lawful purposes and strictly pursuant to these Terms. By using ANGEL, the Services or otherwise submitting information to Care Angel through ANGEL or the Services, you represent and warrant to Care Angel that you:
To determine your compliance with these Terms, we reserve the right, but not the obligation, to monitor your use of ANGEL and the Services.
Care Angel does not provide any medical advice or services and the Services are not intended to provide medical information or replace the advice of a physician or other licensed health care professional. The Services are not intended to be used for emergencies. IF YOU, A CARE RECIPIENT, ANY OTHER MEMBER OF A CARE CIRCLE OR ANY OTHER PERSON ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 911 IMMEDIATELY. Any information provided to Care Angel through ANGEL or the Services should be provided to support, and not replace, the relationship that exists between a Care Recipient and his or her existing physician or other licensed health care professional. All information provided by Care Angel, whether on ANGEL or through the Services, is for general information only and in no way is intended to create a physician-patient relationship under any law, rule, regulation or otherwise. Reliance on any information provided by Care Angel, whether on ANGEL or through the Services, is at your sole risk. All members of a Care Circle are responsible for monitoring all of the information set forth in a Care Recipient Profile.
ANGEL and the Services are not one hundred percent (100%) fault-tolerant. ANGEL and the Services are not designed or intended for use in any situation where any kind of failure or fault of ANGEL and the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). You are not licensed to use ANGEL and the Services in, or in conjunction with, any High Risk Use. High Risk Use is STRICTLY PROHIBITED. You agree not to use ANGEL and the Services in, or in connection with, any High Risk Use.
Account
While you are not required to register for a Care Angel account to access ANGEL, you are required to have an account to access and use our Services.
Usernames and Passwords
To register for an account, you must request a username and password. Your username and password will allow you to log-in to, access and use your account. YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS WITH RESPECT TO MAINTAINING THE CONFIDENTIALITY, MAINTENANCE AND PROPER USE OF YOUR USERNAME AND PASSWORD, AND SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree not to disclose any usernames or passwords to any third party and not to permit any third party to make use of your account or your username or password. You are also solely responsible for canceling your username and password when you close your account.
If you become aware of any actual or suspected unauthorized access to or use of your account or any other actual or potential security breach involving your account, then you agree to immediately notify Care Angel by email to: service@CareAngel.com. We may, but are not obligated, in our sole discretion and at any time, change your username or password upon notice to you to protect the integrity of our Services or protect your account .
If at any time you discover that you have been granted unauthorized access to the account of another person or otherwise granted access to any other information or documents contained on ANGEL or the Services that you are not authorized to access or view, then you agree to: (i) immediately cease any access to such information; (ii) take reasonable steps to prevent the disclosure of any such unauthorized information; and (iii) immediately inform Care Angel of this situation by email to: service@CareAngel.com.
Care Angel reserves the right, but not the obligation, to contact you by telephone, text, in-app notification, email or mail to verify your Personal Information. To help prevent fraud, Care Angel may either request further information before registering your account or reject your request to register for an account.
Please see our FAQ page for additional information about registering for an account.
Cancellation
You may cancel your account and the Services at any time by sending an email to: service@CareAngel.com. You are solely responsible for properly canceling your account with Care Angel. Once an account is canceled, your Customer Information, Personal Information and Personal Health Information may no longer be available or accessible through ANGEL or the Services.
You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage or support a third party’s attempts, to do any of the following:
You also agree that you shall not transmit, submit or post any of the following to or through ANGEL or the Services or otherwise submit to Care Angel:
Care Angel owns all right, title and interest in and to ANGEL and the Services including, without limitation, the look and feel, design and organization, and the compilation of the content, code, data and other materials of ANGEL (collectively, “ANGEL and Services Materials”).
Care Angel owns all right, title and interest in and to the name Care Angel and all copyrights, service mark rights, trademark rights, trade dress rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights relating to ANGEL and the Services or otherwise owned and/or operated by Care Angel, as well as all of Care Angel’s URLs, website domain names, applications, graphics, logos, page headers, button icons, scripts and other markings (collectively, “Names, Markings and Other Intellectual Property Rights”).
Care Angel owns all right, title and interest in and to all content of ANGEL and of the Services, including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files (collectively, “ANGEL and Services Content”).
As between a you and Care Angel, you exclusively own all right, title and interest in and to all of the unique customer information you provide to Care Angel through ANGEL or the Services (“Customer Information”). For information on how we collect, store, use and disclose your Customer Information, please read our Privacy Policy.
As between you and Care Angel, you exclusively own all right, title and interest in and to all of your personally identifiable information you provide to Care Angel through ANGEL or the Services, including, without limitation, name, username, password, other log-in information, billing information and other contact information (“Personal Information”). For information on how we collect, store, use and disclose your Personal Information, please read our Privacy Policy.
As between you and Care Angel, you exclusively own all right, title and interest in and to all of the personal health information (as such term is defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)) that you provide to Care Angel through ANGEL or the Services, including, without limitation, the personal health information of others in your Care Circle (collectively, “Personal Health Information” or “PHI”). For information on how we collect, store, use and disclose your Personal Health Information, please read our Privacy Policy.
Care Angel exclusively owns all right, title and interest in and to all aggregated, anonymous data and statistical information about the use of ANGEL and the Services and the users of ANGEL and the Services (“Aggregated Information”). We have no obligation to retain, provide you with copies of or protect the confidentiality of any Aggregated Information. For information on how we collect, store, use and disclose Aggregated Information, please read our Privacy Policy.
Care Angel exclusively owns all right, title and interest in and to all feedback, suggestions, enhancement requests and recommendations, as well as all content you generate or provide, that is posted on or submitted to ANGEL or otherwise provided to Care Angel and relating to ANGEL or the Services (“User Generated Content”). We have no obligation to retain, provide you with copies of or protect the confidentiality or privacy of any User Generated Content. For information on how we collect, store, use and disclose User Generated Content, please read our Privacy Policy.
You may not use any of ANGEL and Services Materials, Names, Markings and Other Intellectual Property Rights, or ANGEL and Services Content without our express, prior written permission. You shall not delete or in any other manner alter the copyright, trademark and other proprietary notices appearing on ANGEL. We make no proprietary claim to any third party names, copyrights, service marks, trademarks or trade dress appearing on ANGEL. Any third party names, copyrights, service marks, trademarks or trade dress appearing on ANGEL are property of their respective owners. Without our express, prior written consent, you may only print, download or otherwise use ANGEL and Services Materials, Names, Markings and Other Intellectual Property Rights, and ANGEL and Services Content for a Customer’s internal, non-commercial use consistent with these Terms and applicable law. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use is permitted. Your use of ANGEL and the Services does not grant to you ownership of any content, code, data or other materials you may access on or through ANGEL or the Services. Care Angel expressly reserves all rights not expressly granted to you in these Terms.
Subject to these Terms and our Privacy Policy, you hereby grant Care Angel a limited, non-exclusive, royalty-free, fully paid-up, worldwide right and perpetual license to use your Customer Information, Personal Information and Personal Health Information for providing you and those in your Care Circle with the Services. You also hereby assign to Care Angel all of your right, title and interest in and to all of your User Generated Content, including, without limitation, all intellectual property rights relating to your User Generated Content. At Care Angel’s request and expense, you will execute all reasonable documents and take such further acts as Care Angel may reasonably request to assist Care Angel to acquire, perfect and maintain such intellectual property rights in the User Generated Content.
By submitting information to Care Angel through ANGEL or the Services, you represent and warrant to Care Angel that you are authorized to submit such information to Care Angel and Care Angel is authorized to use such information as set forth in these Terms and subject to our Privacy Policy, without any restrictions or limitations and without any monetary or other obligation by Care Angel. From time to time, we may need your permission to do things with the information you submit to Care Angel through ANGEL or the Services to be able to provide you with access to ANGEL and the Services. You hereby provide Care Angel with your express permission to do those things as set forth in our Privacy Policy. This permission also extends to third parties we work with to provide you with ANGEL and the Services.
You, and not Care Angel, are responsible for maintaining, backing-up and protecting all information you submit to Care Angel through ANGEL or the Services, including, without limitation, all information set forth in a Care Recipient Profile. Care Angel will not be liable to you, a Care Recipient, a member of a Care Circle or any other third party for any loss or corruption of such information or for any costs or expenses associated with backing up or restoring any such information.
From time to time, ANGEL may include blogs, forums, chat rooms and/or bulletin boards (each, a “Forum”), which allows users to post User Generated Content and interact. Care Angel does not prepare, approve or endorse any User Generated Content that may appear in a Forum. You acknowledge and agree that Care Angel has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any User Generated Content. You may find User Generated Content to be deceptive, inaccurate, harmful or offensive. Please use caution and common sense when reading User Generated Content posted in our Forums, and do not rely solely on such information. You hereby acknowledge and agree that your use and/or reliance on any User Generated Content is at your own risk. Care Angel reserves the right, but not the obligation, from time to time and at our sole discretion for any reason or no reason, to monitor, edit, remove and/or re-post User Generated Content posted in our Forums.
Your use of ANGEL and the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of ANGEL, the Services or other actions that we may take in our sole discretion and from time to time. We reserve the right to modify, suspend or discontinue the availability of ANGEL, the Services or any portion or feature of ANGEL or the Services, at any time and in our sole discretion and without prior notice. You, and not Care Angel, are solely responsible for maintaining, protecting, backing-up and providing redundant access to your Customer Information, Personal Information, Personal Health Information and User Generated Content (each as defined below).
We respect the intellectual property rights of our customers and third parties, and we comply with the Digital Millennium Copyright Act of 1988 (“DMCA”). This DMCA Policy addresses how we handle notices of alleged copyright infringement appearing on ANGEL.
Notification.
Pursuant to the DMCA, notifications (each, a “Notification”) of alleged copyright infringement appearing on ANGEL must be sent in writing to Care Angel’s designated agent (“Designated Agent”) as follows:
Care Angel, Inc.
Attn: Designated Agent
350 Lincoln Road, 2nd Floor
Miami Beach, FL 33139
designatedagent@CareAngel.com
Pursuant to Title 17, U.S. Code, Section 512(c)(2), the Notification must include the following:
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
Counter Notification.
Pursuant to Title 17, U.S. Code, Section 512(c)(2), a party may counter a Notification (“Counter Party”) by providing a written communication (each, a “Counter Notification”) to Care Angel’s Designated Agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
This website may contain links to third party websites. These links do not constitute an endorsement by Care Angel of those websites, nor the products or services promoted on or offered through those websites. We are not responsible for the terms and conditions of use, Privacy Policy, practices or the content of such third parties or their websites. We encourage our Customers to be aware of when they leave this website and to read the terms and conditions of use and Privacy Policy of each website that they visit by linking from this website. If you have a question about the terms and conditions of use, Privacy Policy, practices or content of a third party website, please contact the applicable third party directly. If you want to opt-out of receiving emails and other future contact from such third party you must contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.
You may link to this website’s homepage, provided you do so in a way that is fair, legal, consistent with these Terms and does not damage our reputation or take advantage of ANGEL, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. This website may not be framed on any other website, nor may you create a link to any part of this website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.
YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, YOUR USE OR INABILITY TO USE ANGEL OR THE SERVICES, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED CARE ANGEL TO ENTER INTO THESE TERMS WITH YOU. THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CARE ANGEL AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.
THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. ANGEL AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND AS AVAILABLE WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.
EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THESE TERMS ,ANGEL AND THE SERVICES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT ANGEL, THE SERVICES OR ANY DATA, MATERIALS OR CONTENT SET FORTH WITHIN ANGEL OR THE SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANGEL OR THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANGEL AND THE SERVICES WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR THAT ANGEL OR THE SERVICES WILL DETECT EVERY SECURITY OR OTHER VULNERABILITY OF YOUR DEVICE, NETWORK OR SYSTEM. WE DO NOT WARRANT THAT ANGEL OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANGEL OR THE SERVICES IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF ANGEL, THE SERVICES OR THE RESULTS OF USING ANGEL OR THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY LIMIT THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS.
WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS OR SERVICES USED WITH ANGEL OR THE SERVICES. WE SHALL NOT BE LIABLE FOR YOUR USE OF ANGEL OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF ANGEL AND ANY ERRORS CONTAINED WITHIN ANGEL OR THE SERVICES. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF ANGEL AND THE SERVICES IS AT YOUR SOLE RISK.
Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
YOU AGREE THAT THE AND LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, YOUR USE OR INABILITY TO USE ANGEL OR THE SERVICES, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED CARE ANGEL TO ENTER INTO THESE TERMS WITH YOU. THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CARE ANGEL AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR ARE RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE ANGEL OR THE SERVICES, OR ANY SUBMISSION OF INFORMATION THROUGH ANGEL OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTIONS THAT MAY BE CAUSED BY YOUR USE OR INABILITY TO USE ANGEL OR THE SERVICES, OR ANY SUBMISSION OF INFORMATION THROUGH ANGEL OR THE SERVICES. OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR ARE RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE ANGEL OR THE SERVICES, OR ANY SUBMISSION OF INFORMATION THROUGH ANGEL OR THE SERVICES, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED $100 USD. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR YOUR COST OF PROCUREMENT OF A REPLACEMENT SERVICE.
Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
You hereby agree to defend, indemnify, and hold harmless Care Angel and its officers, directors, shareholders, employees, affiliates, independent contractors, agents and representatives from and against any and all claims and expenses, including, but not limited to, attorneys’ fees and costs, arising, directly or indirectly, out of or attributable to (i) any breach or violation by you of these Terms; (ii) your failure to provide accurate, complete and/or current information when using ANGEL, the Services or otherwise submitting information to Care Angel through ANGEL or the Services; (iii) your use or misuse of ANGEL or the Services; and (iv) any agreement between you and any third party.
Although ANGEL and the Services are accessible worldwide, ANGEL and the Services are neither designed nor intended for use outside the United States. Those who choose to access ANGEL and the Services from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of ANGEL and the Services to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws and regulations of the United States, as applicable, and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.
Customer Service Department.
Most concerns involving ANGEL and the Services can be resolved quickly and efficiently through our customer service department. If you are unable to resolve your concern within ten (10) business days of contacting our customer service department, then either party may file a claim pursuant to these Terms to resolve the dispute.
Governing Law.
These Terms shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Governing Language.
The governing language for these Terms and any interpretation of these terms is English, and any copy of these Terms in any other language is merely for convenience and will not govern the interpretation of these Terms.
General.
The prevailing party in any action or legal proceeding arising out of or related to the these Terms, ANGEL or the Services will be entitled to an award of their reasonable attorney’s fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such action or legal proceeding, as well as at all levels of trial and appeal. You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that we may be irreparably damaged if these Terms are breached by you, and damages at law would be an inadequate remedy. In the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms.
Your agreement to be bound by these Terms commences with your using ANGEL or the Services or otherwise submitting information to Care Angel through ANGEL or the Services, and your agreement to be so bound will continue until your right to use ANGEL and the Services is either canceled or terminated, subject to the survival of each of the following after such cancellation or termination: our Privacy Policy and any obligation you have to Care Angel, as well as each of the following provisions: Usernames and Passwords; Cancellation; Proprietary Rights; Rights You Grant To Care Angel; Your Information Representations and Warranties; Blogs, Forums, Chat Rooms and Bulletin Board; Copyright Infringement Notice; Links to Third Party Websites; Linking to this Website; Disclaimer of Warranties; Limitation of Liability;
Indemnification; Dispute Resolution; Term and Survival; Changes To Terms; and General Information. If, following the cancellation or termination of your right to use ANGEL and the Services, you use ANGEL or the Services or otherwise submit information through ANGEL or the Services, then you again, automatically and immediately, are bound by these Terms.
At our sole discretion and at any time, we may amend these Terms. You should review these Terms for amendments each time you use ANGEL or the Services. For your convenience, we post on ANGEL the last date these Terms were updated. If our Terms are amended, the amended Terms will take effect immediately for all users of ANGEL and the Services. Your continued use of ANGEL or the Services following an amendment will evidence your acceptance of the amended Terms. No amendment, change or modification to these Terms will be effective unless such is in writing and signed by an authorized representative of Care Angel.
By using ANGEL or the Services or otherwise submitting information through ANGEL or the Services, you consent to receiving communications from Care Angel electronically and by phone. Although we may choose to communicate with you by other means, we may also choose to communicate with you solely by email or by posting notices on ANGEL. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded button, hyperlink or entry field with your mouse, a keystroke or other device, your agreement or consent will be legally binding and enforceable and legal equivalent of your handwritten signature.
Our Privacy Policy is hereby incorporated into and made a part of these Terms by reference. These Terms, as amended from time to time by Care Angel, represent the entire understanding and agreement between you and Care Angel regarding the subject matter of these Terms and supersede any and all other prior and contemporaneous agreements, understandings and representations regarding the subject matter of these Terms. These terms may only be amended at the sole discretion of Care Angel. No waiver of any portion of these Terms will be effective unless it is in writing and signed by an authorized representative of Care Angel. The failure of Care Angel to require performance of any obligation under these Terms will not affect our right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If some of the Services include other terms and conditions with conflict with these Terms, then these Terms govern unless such other terms and conditions specifically reference the conflict and state that the other terms and conditions will govern. If any court of competent jurisdiction deems unlawful, void or unenforceable any part of these Terms, the applicable document as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the applicable document that is unlawful, void or unenforceable will be stricken. Your rights and obligations under these Terms and your right to access and use ANGEL and the Services are not assignable, transferable or sub-licensable by you.
If you have questions, comments or concerns about these Terms, our Privacy Policy, ANGEL or the Services, please contact us at:
Care Angel, Inc.
Attn: Customer Support
350 Lincoln Road, 2nd Floor
Miami Beach, FL 33139
service@CareAngel.com
Care Angel is committed to respecting your privacy. We adopted this Privacy Policy (“Privacy Policy”) to make it easy for you to understand how we collect, store, use and disclose information you provide to us through ANGEL and the Services. Please read our Terms and this Privacy Policy carefully prior to using ANGEL and the Services and/or otherwise submitting information to Care Angel through ANGEL or the Services. If you do not agree with all of our Terms and this Privacy Policy, you are not authorized to use ANGEL or the Services, and your sole remedy is to stop using ANGEL and the Services.
This Privacy Policy only covers information provided to Care Angel through ANGEL or the Services. By providing information to Care Angel through ANGEL or the Services, you acknowledge and agree that such information is governed by this Privacy Policy. This Privacy Policy does not apply to information submitted to Care Angel offline. This Privacy Policy also does not apply to information submitted to third parties, regardless if you link to a third party through this website. Information you provide to or is collected by third parties, which may include location data, contact information and personal information, is governed by the Terms and conditions and privacy policies of such third parties, and we encourage you to learn about such Terms and conditions and privacy policies prior to accessing third party websites and/or content or otherwise disclosing information to such third parties.
Customer Information
Care Angel will not share or distribute your Customer Information, except as provided in our Terms, this Privacy Policy or as may be required by law. In accordance with our Terms, we may use your Customer Information to deliver products and services to you, provide you with requested content and/or information or to prevent or address service or technical problems with ANGEL or the Services. We may also use your Customer Information to provide you with customer support.
Personal Information
Care Angel will not share or distribute your Personal Information, except as provided in our Terms, this Privacy Policy or as may be required by law. While you can access this website without telling us who you are and without revealing any of your Personal Information, there are times when we may need certain Personal Information from you, such as when you register for an account or access or use ANGEL or the Services. We may also use your Personal Information to:
Personal Health Information
Care Angel will not share or distribute Personal Health Information, except as provided in our Terms, this Privacy Policy or as may be required by law. While you can access this website and use ANGEL and the Services without revealing any of Personal Health Information, there are times when we may need certain Personal Health Information about a Care Recipient, such as to provide a Care Giver, Care Aide, Quick Call Member or a Care Recipient with the Services or to comply with applicable laws.
Aggregated Information
We collect, store, analyze and use Aggregated Information to help us provide you with a better user experience. For example, we collect IP addresses to aggregate demographic and other non-personal information, we keep track of the domains from which users visit this website, we measure ANGEL user activity, and analyze statistical information about our users activity. This enables us to adjust ANGEL and the Services to meet the needs of our customers. When we use Aggregated Information, we do so in a way that keeps your Customer Information, Personal Information and Personal Health Information anonymous.
User Generated Content
We may, but are not obligated, to collect, store, analyze, use and disclose your User Generated Content. You hereby acknowledge and agree that Care Angel may use your User Generated Content to evaluate and modify ANGEL. You also hereby agree that Care Angel may disclose your User Generated Content and display your User Generated Content on this website.
Care Giver Information
If you register for the Services as a Care Giver, you may enter, upload or post Personal Information or Personal Health Information about yourself or a Care Recipient into your account for sharing with other designated members of your Care Circle. You may also send messages to members of your Care Circle and others through ANGEL or the Services. You, and not Care Angel, are solely responsible for obtaining all necessary and appropriate consent and authorization (including any necessary and appropriate patient consent) to share such information that you provide or make available to your Care Circle or others. Please respect the privacy and rights of others.
Care Recipient Information
Features of ANGEL and the Services allow you to choose whether to allow other members of your Care Circle to view the Personal Information and Personal Health Information set forth in a Care Recipient Profile. You should carefully consider these features and the information you share with others or upload to a Care Recipient Profile before selecting these features and sharing your information or the information of others.
Care Angel is not in the business of sharing or selling your Customer Information, Personal Information or Personal Health Information. We consider this information to be a vital part of our relationship with you. However, in addition to specific requests by you, set forth below are examples of when we may share some or all of your Customer Information, Personal Information and/or Personal Health Information with third parties without further notice to you (and you hereby expressly authorize Care Angel to share your Customer Information, Personal Information and/or Personal Health Information under such limited circumstances, provided we do so in a manner consistent with this Privacy Policy):
We disclose information to our subsidiaries and other affiliated companies for the sole purpose of providing you with access to ANGEL and the Services, answering questions you may submit about the Services and delivering the Services.
Care Angel, like many businesses, engages third parties to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, transmitting information, hosting data and storing information. When we engage a third party to perform a function of this nature, we only provide them with the information that they need to perform their specific function and subject to Terms of confidentiality.
We may disclose your Customer Information, Personal Information and/or Personal Health Information to individuals we reasonably believe are authorized by you to receive such information.
From time to time, we may buy, sell or reorganize businesses or assets. In the event of an acquisition, sale, merger, reorganization, dissolution or similar event, Customer Information, Personal Information and/or Personal Health Information may be part of the transferred assets.
Care Angel may disclose your Customer Information, Personal Information and/or Personal Health Information if required to do so by law or in circumstances to protect the personal safety of users of ANGEL and the Services or the public; or (iv) protect the good faith belief that such action is necessary to (i) comply with a legal obligation; (ii) enforce, protect or defend the rights or property of Care Angel; (iii) act in urgent against legal liability.
Care Angel may post customer testimonials on this website, which may contain Customer Information. However, we will obtain your consent prior to posting such a testimonial from you.
Security
The security of your Customer Information, Personal Information and Personal Health Information is important to us. When you submit information to Care Angel through this website, that information is encrypted while being transmitted using secure socket layer technology (SSL). Your Customer Information, Personal Information and Personal Health Information is then stored in a secured database, and reasonable precautions are taken to keep this data and information secure. Although we take commercially reasonable administrative, technical and physical measures to safeguard the information you provide to us, no Internet or email transmission is ever fully secure or error-free, and you should take special care in deciding what information you send through this website. In the event that an unauthorized third party compromises our security measures or the security measures of a third party (such as your Internet service provider), we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disclose your information. Also, administrative agencies or courts of competent jurisdiction may order the disclosure of the information we collect. We cannot guarantee, and you should not expect, the information you provide to us will always remain private. Please keep this in mind when disclosing any Customer Information, Personal Information or Personal Health Information through ANGEL or the Services.
Inside and Outside of the United States
If you are using ANGEL and the Services from outside the United States, please be aware that your information may be transferred to, stored, processed, used and/or disclosed in the United States where our servers are located and our central database is operated. Care Angel may also collect, transfer and store your information outside of the United States. The data protection and other laws of the United States may not be as comprehensive as or otherwise differ from those of your country. This Privacy Policy applies regardless if Care Angel transfers, stores, processes, uses and/or discloses your information inside or outside of the United States.
Cookies
We use cookies and Google Analytics (which uses cookies) on this website to analyze the use of this website. A cookie is a small text file that is stored on a computer for record-keeping purposes. We do not add the information we store in cookies to Personal Information you submit through this website. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. We use session cookies to make it easier for you to navigate this website. We use persistent cookies to store a unique cryptographic hash value so you do not have to enter your username more than once on a given computer. You can remove persistent cookies by following the directions provided in your Internet browser’s help file. You may disable cookies on your web browser, however, this may cause certain features of this website and ANGEL in general to be disabled or not function properly.
Third Party Cookies
This website may use cookies that permit select third party partners to serve you Care Angel-related content on their websites or elsewhere on the Internet. This is based on your prior visits to this website. We do not have access or control over these cookies, and the use of cookies by third parties is not covered by this Privacy Policy.
Web Beacons
Care Angel uses web beacons and usage analytics software to help us identify effective content and to otherwise better manage content on this website. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by web beacons to your Personal Information.
Communications
If you wish to subscribe to our newsletter, marketing materials or other communications, we will use your name and email address to send to you the communications that you select. Out of respect for your privacy, we provide you with a means to unsubscribe from our communications at any time.
Opting-Out of Future Contact
You may opt-out of receiving future contact from Care Angel at any time by clicking on the unsubscribe link set forth in any email from us or by sending an email to the following email address: service@CareAngel.com. PLEASE NOTE, opting-out of receiving future contact from Care Angel may cause you to lose some or all of the benefits of using ANGEL and the Services and that you (and other members of your Care Circle if you are the one who registered for the account) will no longer receive the Services.
Blogs, Forums, Chat Rooms and Bulletin Boards
If you visit or participate in a Forum on this website, you should be aware that any Customer Information, Personal Information or User Generated Content that you submit in a Forum can be read, collected, stored and/or used by other users of such Forum, and could be used to send you unsolicited messages. We are not responsible for the Customer Information, Personal Information or User Generated Content that you choose to submit in a Forum.
We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). All emails you receive from Care Angel are intended to fully comply with the CAN-SPAM Act.
ANGEL and the Services are not intended for use by children under the age of 13, and we do not knowingly solicit or collect information from children under the age of 13. We also do not verify the age of any of our users. By using ANGEL or the Services, you represent and warrant to Care Angel that you are at least 18. If we learn a child under the age of 13 has submitted information to us through ANGEL or the Services, we will delete such information promptly after we discover such submission. Care Angel encourage parents to take an active role in their children’s use of the Internet, and to inform their children of the potential dangers of providing information about themselves while online.
We may amend this Privacy Policy at any time and in our sole discretion. You should review this Privacy Policy for amendments each time you use ANGEL and the Services. For your convenience, we post on this website the last date this Privacy Policy was updated. If our Privacy Policy is amended, the amended Privacy Policy will take effect immediately for all users of ANGEL and the Services. Your continued use of ANGEL following an amendment will evidence your acceptance of the amended Privacy Policy.
Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to our Privacy Officer in writing at:
Care Angel, Inc.
Attn: Customer Support
350 Lincoln Road, 2nd Floor
Miami Beach, FL 33139
service@CareAngel.com
Such requests must include the reference Request for California Privacy Information in the subject line and in the body of the message and must include the email address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the Terms set forth above.
You may request access to any of your Customer Information, Personal Information or Personal Health Information which is stored within our database. If your Customer Information, Personal Information or Personal Health Information we are storing includes incorrect or incomplete information, you may request that we change such information. Capitalized Terms not defined in our Privacy Policy will have the meaning ascribed to such Terms in our Terms. The Terms are hereby incorporated into and made a part of this Privacy Policy by reference.