Published April 2019
CareAR Assist is a solution for businesses to provide remote assistance and one-to-one and multi-party troubleshooting, field technician support, and problem-solving communications. However, you may not access or use CareAR Assist for the purpose of any trade, business, craft, or profession unless: (i) you have first been authorized as a “Registered User” of a business customer (a “Customer“) that has purchased CareAR Assist SaaS from a relevant CareAR, Inc. entity (“CareAR“, “we“, or “us“), and are using the username and other identifiers for access (“Credentials“) provided to you for that purpose; or (ii) you are using CareAR Assist on a trial/evaluation basis (which use is permitted for 7 days from first installation). If you are using CareAR Assist as a Registered User of a Customer, these Terms apply to you and your use as an individual on that Customer’s behalf; however the separate contract between CareAR and the Customer shall apply as between CareAR and the Customer.
We may revise these Terms from time to time and will tell you if we do. We will try and tell you a reasonable amount of time in advance of any modification that we think will materially disadvantage users generally. This may not always be possible, for example if we have to make changes to meet security, safety, legal, or regulatory requirements.
You may stop using CareAR Assist and uninstall the application at any time.
THE SECTIONS BELOW ENTITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.
Using CareAR Assist: To access CareAR Assist you will be asked to provide true and complete registration details. If we believe the details are not correct, current, or complete, we have the right to prevent you from accessing CareAR Assist, or any of its resources, and to terminate or suspend your account. You are responsible for all activities that occur using your Credentials. You must keep them secret and may not share them with any person. You agree to notify CareAR immediately if you suspect unauthorized use of your Credentials. CareAR will not be liable for any loss that you may incur as a result of someone else using your Credentials, either with or without your knowledge. You may be held liable for any losses incurred by us or another person due to someone else using your Credentials.
You may not access or use CareAR Assist in any way which is unlawful or contrary to commonly acceptable standards of good behavior online, and in particular you may not: (i) interfere with the lawful and authorized use of CareAR Assist or any other system by any person, or interfere with any person’s lawful business or activities; (ii) engage in bullying, harassment, or abusive behavior, or misrepresent your identity or intentions, or engage in any fraudulent behavior; (iii) conduct unsolicited advertising or marketing or other activities that violate anti-spam laws, including the Telephone Consumer Protection Act and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction, or make unwanted communications; (iv) collect or harvest information about other people; (v) upload or share any material containing malicious code such as viruses, Trojan horses, or worms, or launch or facilitate any cyber threat to any system, or attempt to access CareAR Assist through unauthorized third party applications, (vi) upload or share any material which someone may find offensive (including any libelous or defamatory, discriminatory, explicit, pornographic, or violent material); (vii) upload or share any material which infringes any persons rights (including intellectual property and privacy rights); (viii) infringe any guideline or code of practice to which you submit or are subject; (ix) attempt to bypass any security mechanism; (x) use Assist to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended; or otherwise (xi) use CareAR Assist in any way which may subject CareAR to liability. You may not use CareAR Assist unless you are at least 13 years old.
Content: CareAR Assist may enable you to share information, text, links, graphics, photos, images, music, videos and other content or information (“Content“), as well as access and receive Content shared by certain other users. You consent to our monitoring Content you share, but acknowledge that we are not obliged to monitor Content shared by anyone and that we do not take responsibility for such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content communicated via CareAR Assist, or endorse any opinions expressed via CareAR Assist. You must use your own judgement in using or relying on any Content obtained through CareAR Assist, and any such use or reliance is at your own risk.
In the event that CareAR Assist enables you to upload Content, you: (i) grant to Care AR and its affiliates an unrestricted, royalty-free, irrevocable license to use, host, transmit, process, store, display, reproduce, publish, and distribute such Content in connection with your use of Connect (including operating, developing, providing, and improving the service, and developing new ones) and as otherwise required by law, regulation, or order; (ii) represent and warrant that you have all rights necessary to grant the foregoing license; and (iii) indemnify CareAR and its affiliates without limitation from and against all loss, damage, or expense suffered or incurred in connection with any claim alleging that the Content you uploaded infringes any third party rights of any kind.
Upon providing Content to another person using CareAR Assist, you grant to that person an unrestricted, royalty-free, irrevocable license to use that Content.
Our technology and materials: CareAR Assist and materials incorporated into it are protected by copyrights, patents, trade secrets, or other proprietary rights. Some of the characters, logos, or other images incorporated in CareAR Assist are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by CareAR or others. CareAR or its licensors own the title, copyright, and other intellectual property rights in CareAR Assist and, in using it, you do not acquire any ownership rights.
CareAR Assist may contain third party software components or open source software for which additional terms apply. The current additional terms are detailed in the available at http://carearassist.carear.com/notices in the ‘About’ section of the application.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device settings. You may not copy, modify, distribute, sell, or lease any part of CareAR Assist, nor may you reverse engineer or attempt to extract the source code of it, except to the extent laws prohibit these restrictions.
Respecting intellectual property; the US Digital Millennium Copyright Act (DMCA):We respect other’s intellectual property rights and expect CareAR Assist users to do the same. We reserve the right to remove Care Content alleged to be infringing without prior notice at our sole discretion and without liability to you. We have adopted the following policy, in compliance with the DMCA, to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts. If you have a good faith belief that your copyright is being infringed by any Content, please send a written notice of claimed infringement to our Designated Copyright Agent at: IP-Legal@carear.com including: (i) an electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the service; (iv) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
For Customers that purchase CareAR Services, fees are specified at the Services interface “check-out” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event Customer downgrades any subscriptions, Customer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. The Support pages provide additional information about payment options. If we agree to invoice Customer by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.
Any credits that may accrue to Customer’s account (for example, from a promotion), will expire following expiration or termination of the applicable Contract, will have no currency or exchange value, and will not be transferable or refundable. For more information on credits, please see the Help Center.
Suspension for Non-Payment
If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, suspend the Customer’s service, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue. Customer acknowledges and agrees that non-payment of fees owed may result in suspension of services.
Third party charges: You are responsible for any mobile data charges that you may incur for using CareAR Assist. If you are unsure what those charges may be, you should ask your service provider before using CareAR Assist.
Apple App Store: The following applies to any mobile applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely a matter between you and CareAR, not Apple, Inc. (“Apple”) has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to CareAR as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to CareAR as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, CareAR, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and CareAR acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Google Play Store: The following applies to any mobile applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are solely a matter between you and CareAR only, and not Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) CareAR, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relates to CareAR’s Google-Sourced Software.
No access to emergency services: CareAR Assist does not provide access to emergency services or emergency services providers (e.g., police, fire department, or hospitals), or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
Disclaimer of warranties Your access to and use of CareAR Assist and any Content is at your own risk. You understand and agree that CareAR Assist is provided to you on an “AS IS” and “AS AVAILABLE” basis. Each CareAR entity, and its officers, directors, employees, agents, representatives, partners, and licensors, to the maximum extent permitted under applicable law, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS. Neither CareAR nor any of its affiliates, officers, directors, employees, agents, representatives, partners, or licensors makes any warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of CareAR Assist or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of CareAR Assist or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications via CareAR Assist; and (iv) whether CareAR Assist will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from CareAR or through CareAR Assist will create any warranty or representation not expressly made herein.
Limitation of Liability: Except to the extent prohibited by law, CAREAR DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, CONNECT OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT AVAILABLE THROUGH CONNECT OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF CAREAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF CAREAR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnity: You agree to indemnify and hold harmless CareAR from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any information onto CareAR’s or our third-party partner’s servers and/or from any and all use of your Credentials.
Release: If you have a dispute with one or more users, you release CareAR from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Investigations: CareAR may seek to gather information from a user who is suspected of violating these Terms and from any other user. CareAR may suspend access by any users whose conduct or Content are under investigation and may remove such Content as it deems appropriate and without notice. If CareAR believes, in its sole discretion, that a violation of these Terms has occurred, it may remove the Content permanently, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate in its sole discretion. CareAR may fully cooperate with any law enforcement authorities or court order requesting or directing CareAR to disclose the identity of anyone using CareAR Assist. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS CAREAR FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAREAR OR ANYONE ACTING ON ITS BEHALF DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CAREAR OR LAW ENFORCEMENT AUTHORITIES.
Suspension: We may stop (permanently or temporarily) providing CareAR Assist or any features of it to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content, suspend or terminate users, and reclaim usernames without liability to you. We may suspend your use of CareCONNECT at any time in our sole discretion. If we suspend your access, you must not create another account without our written permission.
Local Regulations: We make no representation that CareAR Assist is available for use or permitted by law in any particular location. To the extent you choose to access CareAR Assist, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Export: Our materials and services are subject to United States (U.S.) export control laws and regulations. You warrant and represent that: (i) you are eligible to receive and use U.S. exports; (ii) you are not listed on either the U.S. Department of Commerce’s Entity List or Denied Persons List or the U.S. Department of Treasury’s List of Specially Designated Nationals; (iii) you are not resident in or a national of Cuba, Iran, North Korea, Sudan, or Syria; (iv) you will not use or divert for use, directly or indirectly, any material, services, or technical data relating thereto: (a) in any nuclear related activity (civilian or military), (b) in the design, development, production, stockpiling or use of missiles, and/or (c) in the design, development, production, stockpiling or use of biological or chemical weapons; AND (v) you will not re-export or divert any material, services, or technical data relating thereto to any third party or region and you agree to not distribute, any software, technical data or any products derived from software or technical data provided hereunder in contravention of U.S. law or regulation. This clause does not apply to mere travel activities with the services installed on a personal mobile device. You hereby acknowledge and further agree that: (i) a violation of any of the above representations constitutes a violation of your license to use CareAR Assist and therefore will be cause for the immediate termination of your license to use CareAR Assist and (ii) CareAR may terminate your license to use CareAR Assist in its entirety, effective immediately and without advance notice, if CareAR or an agency of the U.S. Government determines that a U.S. export license or other U.S. governmental approval is required for you to obtain or use (or continue to use) the materials and/or services.
Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CAREAR. For any dispute with CareAR, you agree to first contact CareAR and attempt to resolve the dispute with us informally. In the unlikely event that CareAR has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at https://www.jamsadr.com. The arbitration will be conducted in Denton County, Texas, unless you and CareAR agree otherwise. If you are using CareAR Assist for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using CareAR Assist for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in these Terms shall be deemed as preventing CareAR from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.
Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED CARE CONNECT FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ACCEPTING THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Severance: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. CareAR’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Feedback: CareAR will consider anything you provide to CareAR, including feedback, ideas, or suggestions and/or contributions to services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.
Changes to these Terms of Service: We may change these Terms of Service at any time upon notice to you and our other customers. Your continued use of the Service shall constitute your acceptance of the then-current version of these Terms of Service; provided, however, that (i) if, within 30 days following our provision of any such notice, you provide us written notice of your objection to any such changes, such changes shall not be applicable to you for the remainder of the Initial Term or then-current Renewal Term as applicable, and (ii) in such event, your execution of any following Renewal Term shall be deemed to indicate your acceptance of the then-current version of these Terms of Service.