TERMS OF USE – CAROL HEALTH MOBILE APP AND WEBSITE

The Carol Health mobile application and Website, including all tools, services, content and information available on or through the application and Website, is a service made available by Spectrum Health. The Carol Health mobile application and Website, the information available through the Carol Health mobile application and Website, and the Services are intended for your personal use only, and any commercial use without our written permission is strictly prohibited.

In these Terms of Use, the Carol Health Website is referred to as the “Carol Health site,” “Website” or “site.” The Carol Health mobile application is referred to as the “Carol Health mobile app,” “Carol Health app,” or “app.” The Carol Health mobile application and Website are referred to together as “Carol Health.” The home health nursing services provided through the Carol Health program are referred to as "Carol Health Services."

The tools, features and services available through the Carol Health site and mobile app include (1) the ability to request home health nursing services through the Carol Health program, (2) the ability to access information in your Carol Health account, and (3) the ability to communicate with participating nurses and other licensed health care professionals regarding home health nursing services provided through the Carol Health program. All of these tools, features and services are referred to together as “Services.” Spectrum Health and its affiliates are referred to together as "Spectrum Health," "we" or "us."

By using the Carol Health app and/or site, you ("User or you") agree to accept and follow our terms and conditions as set forth below and as they may be amended from time to time (the "Terms"). Your use of Carol Health is also subject to any and all applicable federal, state and local laws and regulations.

Some of the content and functionality of Carol Health is provided by a third party. You may be asked to also agree to the third party’s terms of use when you access the specific content or functionality. Spectrum Health does not control the content of the third party or its terms of use.

PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE CAROL HEALTH. WE ENCOURAGE YOU TO PRINT AND KEEP A COPY OF THESE TERMS OF USE.

CAROL HEALTH TERMS OF USE:

YOUR USE OF CAROL HEALTH CONSTITUTES YOUR AGREEMENT TO COMPLY WITH THE TERMS OF USE (BELOW). FROM TIME TO TIME, WE MAY CHANGE THE TERMS THAT GOVERN YOUR USE OF CAROL HEALTH. YOUR USE OF THE APP OR SITE AFTER THOSE CHANGES HAVE BEEN MADE CONSTITUTES YOUR AGREEMENT TO COMPLY WITH THE TERMS AS CHANGED. IN ADDITION TO CHANGES IN THE TERMS OF USE, WE MAY CHANGE, EDIT, DELETE OR REVISE PORTIONS OR FEATURES OF THE CAROL HEALTH APP OR SITE AT ANY TIME WITHOUT NOTICE (INCLUDING PORTIONS OR FEATURES OF THE APP OR SITE PROVIDED BY THIRD PARTY/IES).

YOU AGREE THAT YOUR USE OF CAROL HEALTH IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS SET FORTH BELOW.

I. Health Information and Information About Carol Health

Carol Health may present health information to you in various forms. Some of this information may not be applicable to your personal circumstances. If you note any information regarding your health care that is not correct, please advise your Carol Health nurse promptly, as it may affect your future health care.

Carol Health may also provide information about Spectrum Health. While this information is believed to be accurate to the best of our knowledge when it is made available, we expressly disclaim any duty or obligation to update such information or keep such information current.

II. Carol Health – General Use

A. Services. Carol Health connects individuals with licensed nurses to schedule and arrange for home health nursing services. CAROL HEALTH SERVICES ARE NOT FOR USE IN MEDICAL EMERGENCIES OR URGENT SITUATIONS. You should not disregard or delay seeking medical advice based on anything that appears or is accessed through Carol Health. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

All of the participating nurses are employed by Spectrum Health or have contracted with Spectrum Health to provide Carol Health Services through the Carol Health program. Your interaction with the Providers through Carol Health or the Carol Health program is not intended to replace your relationship with your existing primary care physician. You should tell your primary care physician that you are receiving home care services arranged through Carol Health. Spectrum Health and Carol Health Nurses have the right to deny services due to scope of practice concerns, safety concerns, intoxication, obscenity, profanity, or any other conduct or situation that is objectionable, offensive, or determined to be unsafe.

B. Cancellation Policy. If a scheduled Carol Health visit is cancelled or rescheduled prior to the visit with less than 1 hour notice, there will be a $25.00 cancellation fee. A full visit charge will be applied if the Carol Health visit is interrupted or terminated due to a violation of the Carol Health Terms of Use or Agreement for Services

III. Carol Health Application Use Generally

A. Intellectual Property. Spectrum Health retains all right, title and interest in and to Carol Health, the Services and any information, products, documentation, software or other materials on the Carol Health site and app, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information, tools or functionality on the Carol Health site and/or app that is licensed by Spectrum Health, and in that case, the licensor retains all right, title and interest therein. The information available through the Carol Health site and app is the property of Spectrum Health, or if licensed by Spectrum Health, the licensor.

B. Limited License. You are granted a limited, revocable license to access and make use of Carol Health to manage your health care and your health information (and/or the health care and information of anyone who has granted you access to their Carol Health account) in accordance with these Terms of Use. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Carol Health app or site or its contents; (ii) using data mining tools, bots, spiders, scrapers or similar data gathering techniques and tools; (iii) framing or using framing techniques to enclose any Carol Health app or site content without our express written consent; and (iv) using any meta tags or any other 'hidden text' that uses our name or any of our trademarks or services mark. No material from our Carol Health app or site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, except that you may access and download information and materials for your own personal, noncommercial use only; provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. We encourage you to share information regarding the care provided to you through Carol Health Providers with your primary care provider. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. We may terminate this license and your rights to use Carol Health for any reason at any time.

C. Copyright and Trademark. The Carol Health design, data compilations, tools, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the Carol Health app and site may be subject to our trademark rights.

D. Links to Other Materials. Third party Web sites and apps linked to the Carol Health app or site are not under our control, and we are not responsible for the content or practices of any third party link contained in the Carol Health app or site. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on any Web site or provided as part of any third party app to which the Carol Health app or site links. We make no warranties or representations regarding such third party sites or apps or the information or content appearing on such sites or apps. If you decide to access any third party Web sites or apps linked to the Carol Health app or site, you do so entirely at your own risk.

E. Territory. We make no representation that content and materials provided through Carol Health are legal or appropriate for use from outside the United States. If you access the Carol Health app or site from outside the United States, you do so at your own risk. You may not use Carol Health in violation of United States export laws and regulations.

F. Privacy. By using the Carol Health app or site, you also agree to the terms of our Privacy Policy. A copy of the Privacy Policy may be found in the main menu listing in the Carol Health app or Website.

G. Your Account. You will need an email address/user name and password to set up your Carol Health account. You are responsible for maintaining the confidentiality of your user name and/or password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Carol Health site or app on someone else's behalf, then you represent that you have the authority to bind that person as the principal to these Terms. To the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of Carol Health resulting from your access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

H. Minors. Only individuals 18 years of age or older are authorized to have a Carol Health account.

I. Special Features and Events. The Carol Health app or site may offer certain special features or other offerings, which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offering(s) will be subject to such additional or separate terms of use, rules and/or policies.

III. User Content

A. Submission; License. You may be permitted to post reviews, comments, photos, and submit personal and/or health information, comments, ideas, suggestions and other content (the "Content") through the Carol Health app or site. We are not responsible for any Content you provide. Except with respect to any personal or health information you provide, you hereby grant to us a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license in the Content, which we may sublicense, to: (a) use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content (including any trademarks that consist of text or that are embedded or incorporated into such Content, e.g., a logo in a product image); and (b) adapt, modify, re-format and create derivative works of such Content which derivative works are also subject to the license set forth in clause (a). Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known.

B. Content Violation. As between you and us, you have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged by you, and any other similar claims arising out of your or another party's proper or improper use of the Content. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to you and other users for your or other users’ performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to Carol Health for violating these Terms or the law, and we reserve the right to edit or remove Content that is abusive, illegal, disruptive or otherwise fails to comply with these Terms. We may take any action with respect to Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.

C. Content Warranty. You represent and warrant to us that (i) you have the rights to grant us the rights that you purport to grant in these Terms; (ii) Content you provide is accurate and not misleading; and that (iii) Content you provide is not illegal, obscene, vulgar, harassing, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or other malicious code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

D. Restrictions on Use. Except as otherwise agreed in writing, you will not (a) circumvent or attempt to circumvent, interfere, breach or abuse the security measures implemented to limit access and protect the Carol Health app or site, information provided through use of Carol Health, and the resources used to provide the Carol Health app and site; (b) disrupt or interfere with the operation of the Carol Health app or site or the resources used to provide the Carol Health app or site; (c) transmit through the Carol Health app or site any virus, trojan horse, or similarly harmful, disruptive or destructive computer program, script or object; (d) monitor, mirror, copy, summarize or create any derivative work from some or all the Carol Health app or site or any materials used to provide the Carol Health app or site (including the underlying software); (e) use another person's account or password to access Carol Health or otherwise obtain unauthorized access to Carol Health or the data or information of another person; (f) use Carol Health in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability; (g) use the Carol Health app or site to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use Carol Health for commercial purposes; (h) transmit or communicate to us or our service providers any information that is illegal or which you do not have permission to transmit or communicate; (i) reverse engineer, decompile or reverse assemble any software used to provide Carol Health; (j) use Carol Health in any manner that could reasonably be expected to damage, disable, overburden or impair access to or the functionality of the Carol Health app or site; (k) interfere with the security of, or otherwise abuse the Carol Health app or site or the system resources, accounts, servers or networks that support, are connected to or are accessible through the Carol Health app or site; and (l) attempt, or permit or authorize any other person to do, or omit to restrict any user from doing, any of the foregoing. We reserve the right to suspend or restrict the provision of Carol Health as we determine in our sole discretion.

V. Disclaimer of Warranties

A. General. Spectrum Health is a “covered entity” subject to the federal Health Insurance Portability & Accountability Act of 1996 and its implementing regulations (“HIPAA”), as amended from time to time. Pursuant to HIPAA and other applicable laws and regulations, we have taken reasonable and appropriate measures to ensure the security of the Carol Health app and Website and the technology that supports and enables the app and the Website. However, no electronic system can be absolutely secure or error-free. THEREFORE, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CAROL HEALTH APP OR SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CAROL HEALTH APP OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE CAROL HEALTH APP OR SITE WILL MEET YOUR EXPECTATIONS. WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE CAROL HEALTH APP OR SITE. YOU AGREE THAT YOUR USE OF THE CAROL HEALTH APP OR SITE IS AT YOUR SOLE RISK.

B. No Medical Advice. ANY GENERAL HEALTH INFORMATION PROVIDED THROUGH CAROL HEALTH IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC TREATMENT PLAN, PRODUCT OR COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ADDITIONALLY, MEDICAL INFORMATION CHANGES RAPIDLY. ALTHOUGH WE MAY UPDATE THE CAROL HEALTH APP OR SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY GENERAL HEALTH INFORMATION POSTED ON THE CAROL HEALTH APP OR SITE. YOU AGREE THAT YOUR USE OF CAROL HEALTH IS AT YOUR SOLE RISK.

C. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CAROL HEALTH APP AND SITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE CAROL HEALTH APP AND/OR SITE AND ANY TOOLS AND FUNCTIONALITY INCLUDED AS PART OF THE CAROL HEALTH APP AND/OR SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO CAROL HEALTH, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.

VI. Limitation of Liability and Remedies

A. Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE CAROL HEALTH OR ANY ASSOCIATED PRODUCT OR SERVICE, EVEN IF WE KNOW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CAROL HEALTH APP OR SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CAROL HEALTH APP OR SITE AND ITS ASSOCIATED PRODUCTS AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

B. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EACH OF US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, PENALTIES, FORFEITURES, SUITS, JUDGMENTS AND THE ASSOCIATED COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES), WHICH WE MAY HEREAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY OUT ARISING OUT OF YOUR USE OF CAROL HEALTH, YOUR USE OF ANY PRODUCT OR SERVICE OBTAINED THROUGH THE CAROL HEALTH APP AND/OR SITE, YOUR LINKING TO THE CAROL HEALTH APP AND/OR SITE, OR YOUR BREACH OF ANY TERM OR PROVISION OF THESE TERMS.

VII. General Terms

A. Modification. We reserve the right at any time and in our sole discretion to terminate the Carol Health Services or change the terms, conditions, and notices under which Carol Health is offered, including but not limited to the charges associated with the use of the Carol Health app and/or site. We may revise these Terms at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms, you should from time to time review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages or links included in the Carol Health app and/or site. We also reserve the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Carol Health app and/or site (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Carol Health app and/or site.

B. Jurisdiction and Arbitration. The Terms will be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. We and you agree that all disputes and litigation regarding the Terms, the Carol Health app and/or site, and matters connected with its performance or relating to the use of Carol Health shall be submitted to confidential arbitration in Grand Rapids, Michigan, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Use of Carol Health is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

C. Limitation on Claims. Any cause of action you may have with regard to the use of Carol Health must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of these Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.

D. Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause us irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Carol Health app or site, we will be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.

E. Entire Agreement. The Terms embody the entire agreement and understanding between us and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms will affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.

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