MyCare Communicator Terms of Service

Last modified: August 16, 2014

Welcome to MyCare Communicator!

Thanks for using our products and services ("Services"). The Services are provided by CreateIT Healthcare Solutions Inc. ("CreateIT"), located at 516 SW 15th Street, Richmond, Indiana 47374, United States.

By using our Services, you are agreeing to these terms. Please read them carefully.

Using our Services

You must follow any policies made available to you within the Services.

Don't misuse our Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not CreateIT's. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Privacy and Copyright Protection

CreateIT's privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that CreateIT can use such data in accordance with our privacy policies.

Medical Disclaimer

The Service does not provide medical advice and are intended for general information purposes. The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.

Access or Delivery to Mobile Network is not Guaranteed

Delivery of information and content from or to a mobile device may fail due to circumstances or conditions beyond the Service Providers control. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the Service Providers' control and the Service Providers are not responsible or liable for such problems.

Message Transmission And Delivery By Your Network Operator

You understand and acknowledge that your use of the Service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider. Message & data rates may apply when calling phone numbers or linking to web sites or content in CreateIT messages.

Text and E-mail Messages Are Not Encrypted

Email and text message communications from the Service are not encrypted and therefore this information can be read if intercepted while in transit. Although the Service Providers' use of this information is governed by the Privacy Policy attached hereto, it is possible for these communications to be intercepted or accessed without your authorization. By using the Service you hereby release the Service Providers, their affiliates and Partners from any liability arising from or related to any such unauthorized access.

Text and E-mail Messages Stored on Your Device are Your Responsibility

Once delivered to your device or e-mail server, text and e-mail messages are under your control and are your responsibility. By using the Service you hereby release the Service Providers, its affiliates, and its Partners from any liability arising from or related to access to these messages once they have been delivered.

Service May Be Limited By Your Operator Or Your Device

You agree and accept that your use of the Service may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device.

Mobile Network Operators may not Support All Users

You acknowledge that certain operators do not support or offer certain mobile network services, such as delivery of messaging and mobile internet access. You understand and agree that the Services may not, in part or in whole, be available to you if your mobile network operator does not support them in a standard the conforms to the Services.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give CreateIT (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services..

Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized messages, , tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

You can find more information about how CreateIT uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

CreateIT gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by CreateIT as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CreateIT, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we'll be sorry to see you go. Just text STOP to stop all services with CreateIT. CreateIT may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CREATEIT NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, CREATEIT, AND CREATEIT'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CREATEIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, CREATEIT, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify CreateIT and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between CeateIT and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Indiana, U.S.A., excluding Indiana's conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Wayne County, Indiana, USA, and you and CreateIT consent to personal jurisdiction in those courts.

For information about how to contact CreateIT, please visit our website at http://www.createit-inc.com