Welcome to the website of CaringWays, Inc (“CaringWays”), which offers methods for individuals to solicit donations to pay their outstanding medical bills and other related healthcare expenses (the “Services”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms and Conditions”), govern your access to and use of the Services, including any content or functionality offered on or through the Services. Please read these Terms and Conditions carefully before you use the Services. By clicking to agree to these Terms and Conditions, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Services
Once you agree to these Terms and Conditions, you will be connected to the website of iDonate, a third party that will automatically develop a draft of your individual fundraising page for you to review and share. At the time you are connected to iDonate, CaringWays will automatically transfer the following information about you to iDonate: (a) your name; and (b) either 1)the amount you currently owe to your healthcare provider based on the records held by CaringWays, in the case of the Provider Direct Program, or 2) the fundraiser amount you have established in the case of the Care Card program. iDonate will then create a draft fundraising page for you to review. Once you have reviewed and approved the draft fundraising page, you may choose to share the published fundraising page with others via email and/or by posting the fundraising page on social media websites or applications. All donations made on your behalf will be processed by iDonate and will be subject to iDonate’s terms and conditions.
Information Privacy and Security:
CaringWays is a “business associate” to your healthcare provider under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and therefore is required by law to comply with certain of HIPAA’s requirements for handling protected health information on your healthcare provider’s behalf. CaringWays has administrative, physical and technical safeguards in place designed to protect the confidentiality, integrity and availability of protected health information collected through the Services. Please note that despite our precautions, no website can be absolutely protected against intentional or malicious intrusion attempts. Furthermore, CaringWays does not control the devices, computers, or network over which you may choose to send protected health information to the Services, and therefore cannot prevent potential interceptions or compromises to your information while in transit to the Services via the Internet.
Some of your personal information created and maintained by iDonate may be public, such as your fundraising page that you post publicly through social media. Any information you share through social media or other third-party websites or applications is subject to the privacy policies of those websites or applications. Keep in mind that individuals reading such information may use or disclose it to other individuals without our knowledge and without your knowledge, and search engines may index that information.
Eligibility to Use the Services:
The Services are intended only for users who are 18 years of age or older and reside in the United States or any of its territories. By agreeing to these Terms and Conditions, you represent and warrant that: (a) you are at least 18 years old and reside in the United States or its territories; (b) you have not previously been suspended or removed from the Services; and (c) your registration for and use of the Services is in compliance with any and all applicable laws and regulations and you will use the Services only as set forth in these Terms and Conditions. If you do not meet these eligibility requirements, you must not access or use the Services.
It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for any and all activities that occur under your account. You agree to: (a) immediately notify CaringWays of any unauthorized use of your account or any other breach of security; and (b) sign out from your account at the end of each session when accessing the Services. CaringWays will not be liable for any loss or damage arising from your failure to comply with your responsibilities under these Terms and Conditions.
Intellectual Property Rights: The Services and their features and functionality (including but not limited to all information, software, text, displays, images, and the design, selection and arrangement thereof), are owned by CaringWays, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you a limited license to access and use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, interfere with or circumvent any feature of the Services, including any security or access control mechanism. You must not access or use any part of the Services or any materials available through the Services for commercial purposes. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in violation of the Terms and Conditions, your right to use the Services will cease and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted herein are reserved by CaringWays. Any use of the Services not expressly permitted herein is a violation of these Terms and Conditions and may violate copyright, trademark or other laws.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant CaringWays an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.
The name “CaringWays” and the CaringWays logo, and all related names, logos, product and service names, designs and slogans are trademarks of CaringWays or its affiliates or licensors. You must not use such marks without the prior written permission of CaringWays. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
Prohibited Uses of the Services: You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone’s use of the Services, or which, as determined in our sole discretion, may harm CaringWays or users of the Services or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services, or introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Otherwise attempt to interfere with the proper working of the Services.
CARINGWAYS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.
Limitation of Liability:
You accept that we have an interest in limiting our liability and the personal liability of our directors, officers, members, employees, agents, representatives, licensors, and/or advisory board members (“Representatives”). TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL CARINGWAYS OR ITS REPRESENTATIVES BE LIABLE FOR LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE (OR INABILITY TO USE) THE SERVICES OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. You specifically understand and agree that as a condition of access to the Services:
We will not be liable for any consequential, indirect, or special loss or damage;
We will not be liable for any indirect damages, including without limitation, loss of profit, income, revenue, anticipated savings or health outcomes, contracts, business, goodwill, reputation, data, or information;
We will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
Our maximum liability in relation to any event or series of related events will be limited to $100.
You agree that you will not bring any claim personally against Representatives with respect to any losses or damages you suffer in connection with use of or inability to use the Services or these Terms and Conditions. This limitation will not limit or exclude the liability of CaringWays itself for the acts and omissions of our Representatives within the scope of their representation on behalf of CaringWays that are not otherwise excluded here. Nothing in these Terms and Conditions (or elsewhere on the Services) will exclude or limit our liability for damages caused by our fraud, gross negligence, or willful misconduct or for death or personal injury caused by any products you purchased from us that cannot be excluded or limited under applicable law.
You hereby indemnify CaringWays, our affiliates, licensors and service providers, sponsors and ours and their respective Representatives, licensors, suppliers, successors and assigns (“Indemnified Parties”) and undertake to keep the Indemnified Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Indemnified Parties to a third party in settlement of a claim or dispute on the advice of the Indemnified Parties’ legal advisers) incurred or suffered by the Indemnified Parties arising out of any violation by you of any provision of these Terms and Conditions or your use of the Services, or arising out of any claim or judgment that you have violated any provision of these Terms and Conditions.
Third Party Terms:
The Services include integration and links with other websites owned and operated by third parties, including iDonate. These links do not imply our endorsement of such third-party websites and services. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms and Conditions, nothing herein prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
Modification to Services:
CaringWays reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.
These Terms and Conditions and any other policies referenced in these Terms and Conditions constitute the entire agreement between you and CaringWays relating to your use of the Services, and supersede all previous agreements, understandings, representations and warranties (both oral and written) with respect to your use of the Services.
You may not assign or transfer these Terms and Conditions or your rights under these Terms and Conditions, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and Conditions at any time without notice or consent.
The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms and Conditions, or any provision of these Terms and Conditions, be a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of Headings:
Use of section headers in these Terms and Conditions is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms and Conditions the use of the word “including” means “including but not limited to.”
If any part of these Terms and Conditions is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Dispute Resolution and Arbitration:
You agree that disputes arising under these Terms and Conditions will be resolved by binding, individual arbitration, and by accepting these Terms and Conditions, you and CaringWays are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. Your rights will be determined by a neutral arbitrator instead of a judge or jury. Any arbitration between you and CaringWays will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). Notwithstanding the foregoing, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.
These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. You and CaringWays submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Williamson County, Tennessee for resolution of any lawsuit or court proceeding permitted under these Terms and Conditions. We operate the Services from our offices in Tennessee, and we make no representation that materials available through the Services are appropriate or available for use in other locations.
Exclusion of Third-Party Rights:
Except as otherwise set forth in these Terms and Conditions, these Terms and Conditions are for the benefit of you and CaringWays, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
Consent to Communications:
By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of CaringWays at the email address or telephone number you provide, even if that number is on a national or state “Do Not Call List.” These calls will be for informational purposes, such as to verify your information or provide you with help or information on using the Services. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. CaringWays may, without further notice or warning and in our sole discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others.IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while CaringWays processes your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
Consent to Electronic Notice:
By using the Services, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Notice to California Residents:
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S- 202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.