Terms Of Use

Introduction

This Agreement sets forth the terms under which Computerized Care Monitoring System LLC ("CCMS", "We", "Us", or "Our") provides services to you ("You" or "Your"), the client. By accepting this Agreement, you agree to comply with the stipulations outlined herein.

Authorization and Binding

You may accept this Agreement on behalf of another entity only if you are duly authorized to bind that entity to these terms. Acceptance without proper authority is prohibited, and by entering into this Agreement on behalf of an entity, you legally bind that entity to its terms.

Acceptance Criteria

If you do not have the necessary authority, or if you do not agree with the terms herein, you should not accept this Agreement. Without acceptance, you will be unable to access our services. Ensure that you provide true and accurate information about your identity and contact details upon acceptance. Impersonation or providing false identities is strictly prohibited.

Effective Date

This Agreement takes effect from the date of your acceptance.

Definitions

"We", "Us", or "Our": Refers to Computerized Care Monitoring System LLC, also known as CCMS.

""You or "Your": Refers to the individual or entity that accepts this Agreement, including any affiliates.

"Services": to the Web-based Application Service Provider (ASP), including CCMS-eMAR and CCMS-Activities.

Effective Date

This Agreement takes effect from the date of your acceptance.

"CCMS-eMAR":The Electronic Medication Administration Record service offered through caremonitoringsystem.com.

"CCMS-Activities": Services tracking major activities and behavior logs for residents, available through CCMSACTIVITIES.COM.

"Resident": Individuals receiving care from our service providers.

"Provider": Long-term care facilities or their staff who are responsible for delivering services to residents and who accept this Agreement.

Service Subscription and Use

Subscriptions: Subscriptions are unique to each provider and are not transferable. Providers may select the number of products and services at the time of subscription.

Provision of Services: Once you agree to this Agreement, you may utilize the services for the duration of your subscription. Your purchase is not contingent on the future availability of any features or services.

Usage: You must use our services exclusively for business purposes in compliance with all applicable laws. You must prevent unauthorized access to the services and inform us immediately of any such unauthorized use. You may not resell, rent, or lease our services. Ensure the services are not used for unlawful activities.

HIPAA Compliance

You acknowledge that your use of our services may involve access to protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). You agree to comply with all applicable requirements of HIPAA. You must implement safeguards to protect the confidentiality, integrity, and availability of any PHI handled in connection with our services per 45 CFR Part 164 (Security and Privacy Rules). You must report any unauthorized use or disclosure of PHI to us immediately. We reserve the right to terminate this Agreement if you fail to comply with these HIPAA obligations. See our HIPPA complaint page for details

Charges and Payment for Services

• Charges: Charges for our services are based on the selected options, specifically tailored to the number of residents you manage. You can choose from a range of options that best suit your needs.
• Adjustments:We reserve the right to modify service charges at our discretion, without prior liability.
• Initial Fees: Upon subscribing, you may require paying a one-time, non-refundable installation and set-up fee.
• Recurring Payments Following agreement on the terms and usage, you will incur a monthly charge, automatically debited from your credit or debit card. These charges will continue until you decide to cancel the service.

Cancellation Method:

• You can cancel the service by contacting the provider directly or through our online chatting system.
• Effective Date: The cancellation takes effect at the beginning of the next billing cycle after the request is made.
• Refunds No refunds will be provided for the current billing month after cancellation. Refunds will be issued for any prepaid charges beyond the current month.

Taxes

All service fees are inclusive of applicable taxes, which are determined based on the state tax rate where the service is provided. The total amount you pay includes all mandatory taxes and levies. Detailed tax amounts will be itemized on your receipt.

Confidential Information

Definition: "Confidential Information" refers to any information disclosed by one party ("Disclosing Party") to another ("Receiving Party"), whether communicated orally or in writing, that is inherently confidential or should be considered confidential given the circumstances of disclosure. This includes data related to your operations or information about our services. Confidential Information does not include:

Information that is publicly known through no fault of the Receiving Party.

Information already known to the Receiving Party prior to disclosure by the Disclosing Party without a confidentiality obligation.

Information received from a third party who was not under a breach of confidentiality.

Information independently developed without reliance on the Confidential Information.




Protection of Confidential Information: The Receiving Party is obligated to protect the confidentiality of the information with the same care used for its own confidential materials, restrict disclosure of the information solely to the purposes outlined in this Agreement, and limit access to the information to only those employees, contractors, and agents who need to know such information to perform tasks related to this Agreement and who have signed confidentiality agreements.

• Data Security: As your service provider, we maintain robust safeguards including administrative, physical, and technical measures to protect your data. We alter your data only at your specific request, disclose your data only as required by law or with your explicit written consent, and use your data solely to provide and improve our services, address technical issues, or respond to support requests you initiate.
• Forced Disclosure: If we are legally compelled to disclose Confidential Information, the following steps will be taken:
• We will inform you of the legal demand for disclosure as soon as legally permissible.
• We will provide assistance if you choose to legally contest the disclosure.

Should the disclosure arise from legal proceedings where you are involved and you do not contest the order, you will be responsible for the costs incurred by us in complying with that order.

Engaging Third-Party Service Providers

When using third-party applications or services that interact with our applications, ensure these engagements comply with HIPAA as detailed in our terms of use. We do not endorse or guarantee the functionality of any third-party products or services and are not responsible for their performance. Use of third-party products or services is not required to utilize our services.

PROPRIETARY RIGHTS

Reservation of Rights: We retain all rights, titles, and interests in the services we provide, including all intellectual property rights. Any rights granted to you are specifically stated in this Agreement.

Usage Restrictions: You are prohibited from engaging in the following activities:

• Allowing access to our services by any third parties or competitors.
• Copying, adapting, or creating derivative works based on our services.
• Replicating, framing, or mirroring any part of our services for competitors.
• Attempting to reverse engineer any aspect of our services.
• Replicating any features, functions, or graphics of our services.

Data Ownership: You retain all rights, titles, and interests in all of your data as defined in the agreement between you and us.

Our Technical Support and Training

We offer technical support and consultation via telephone, video chat, and an internal chat system. You are required to designate a principal contact within your organization to handle all interactions with our support team. This individual will communicate through a secure verification process, including a security code and verification questions. All support requests must go through this designated contact.

Support is available by clicking the “SUPPORT” icon on your dashboard, where you can describe your issue and upload relevant files. This creates a support ticket, allowing us to track and resolve your issue. Responses are provided within 2-24 hours, and there is an option for urgent issues. For accurate support, we may access all available data, including personal information.

Miscellaneous

Governing Law: This Agreement is governed by the laws of Washington, USA. All disputes arising under this Agreement shall be resolved in the courts of Snohomish County, Washington.

Amendments: We, the application service provider, reserve the right to amend this Agreement. We will notify you of any changes. Your continued use of the services after such notification indicates your acceptance of the amended terms.

Assignment: You, the person who agreed to this Agreement by checking the checkbox during the online subscription process, may not assign this Agreement without our prior written consent.

This document represents the complete agreement between you and us, superseding all prior agreements or understandings related to the services.