Privacy Policy

 
 

Version 1.0 effective on 6/30/2023

1. Policy Overview

These terms and conditions of use (“Terms of Use”) are entered into by and between users (“you”) and Care Sherpa, LLC. (“Care Sherpa”, “our,”  “we,” “us,” or the “Company”). These Terms of Use govern your access to and use of the Care Sherpa Web Application. This includes any services, content, and functionality offered on or through https://caresherpa.com/, https://analytics.caresherpa.com/ or https://crm.caresherpa.us/ (the “Web Application” or "Website"), including any of its branded subdomains and gateway portals. 

Upon enrolling into the Web Application, you will be prompted for agreement to the Terms of Use before being granted access. Please read the Terms of Use fully before you start to use the Web Application. By accessing or using the Web Application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://caresherpa.com/privacy-policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Web Application.

The Web Application is offered and available to users who are current clients of Care Sherpa LLC under current MSA & BAA agreement(s), 18 years of age or older, and reside in the United States or any of its territories. By using the Web Application, you represent and warrant that you meet all of the mentioned eligibility requirements. If you do not meet all of these requirements, you must not access or use the Web Application.

2. Acceptable Use of the Web Application

You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and to use the Web Application and its content in accordance with all terms and conditions. The right to access and use the Web Application and its content is personal to you and is not transferable to any other person. You may not assign, transfer, or sublicense any of your rights under these Terms of Use. You agree to comply with all laws, rules, and regulations applicable to your use of the Web Application and its content. You will not use the Web Application or any of its content in any way that is unlawful or harms the Company, the Company's customers, or any other users of the Web Application.

You are solely and entirely responsible for any information you upload, post, display, or otherwise transmit to or via the Web Application, including but not limited to any feedback or personal information.

Prohibited Uses

Without limiting the generality of the foregoing, you may use the Web Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Web Application for any of the following purposes or under any of the following conditions:

  • Submit information to the company or the Web Application that is known by you to be false, inaccurate, or misleading, or otherwise engage in any fraud or misrepresentation

  • Share your account credentials, let anyone else access your account, or do anything else that might jeopardize the security of your account

  • Infringe or violate another person’s rights, including privacy and intellectual property rights

  • Circumvent confidentiality and privacy controls or otherwise: access, attempt to access, or inappropriately share confidential or restricted information regarding a patient or user, where the access or sharing is not supported by a valid health care or business need

  • Collect or store information about other users of the Web Application

  • Modify, reverse engineer, decompile, disassemble, scrape, or otherwise tamper with the Web Application or create any derivative works based on the Web Application or its content;

  • Attempt to gain unauthorized access to the Web Application or any of its related infrastructure

  • Probe, scan, or test the vulnerability of the Web Application or any of its related infrastructure unless given explicit signed authorization to do so as part of a service agreement

  • 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 US or other countries).

  • If you are not a legal adult and are under the age of 18

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Application, or which, as determined by us, may harm the Company or users of the Web Application or expose them to liability.

  • Use the Web Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Web Application, including their ability to engage in real time activities through the Web Application.

  • Use any robot, spider or other automatic device, process or means to access the Web Application for any purpose, including monitoring or copying any of the material on the Web Application.

  • Use any manual process to monitor or copy any of the material on the Web Application or for any other unauthorized purpose without our prior written consent.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

3. Changes to the Terms of Use

The company may periodically update the contents of the Terms of Use at its sole discretion. Any and all changes are effective immediately at the time the updated terms are published.  Please check the Terms of Use page at https://caresherpa.com/terms regularly to ensure that you are familiar with, and agree to, the current version of the Terms of Use. By your continued use of the Web Application, you accept and agree to be bound and abide by the current version of the Terms of Use, including any recent revisions.

4. Availability of and Changes to the Web Application

We reserve the right to withdraw or amend this Web Application, and any service or material we provide on the Web Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Web Application, or the entire Web Application, to users, including registered users, as necessary to: perform routine or not-routine maintenance, error correction or other necessary changes.

5. Control of Your Login Credentials

You are responsible for all activity under your account. You are responsible for maintaining the confidentiality of your account login credentials.

You may not share your login credentials to access the Web Application to any third party. If you disclose or otherwise fail to protect the confidentiality of your account login credentials, you may expose confidential data you have access to to unauthorized parties and may be subject to the consequences of any actions taken by others through the use of your account. You may be held liable for losses incurred by Care Sherpa or any other user of the Web Application due to someone else using your login ID, password, or account as a result of your disclosing your account information or failing to keep your account information secure and confidential. You agree to notify Care Sherpa immediately of any suspected unauthorized use of your account or password, or any other suspected breach of security.

6. Integrity of Information

Although we attempt to maintain the integrity and accuracy of the information and any content on the Web Application, we make no guarantees as to correctness, completeness, or accuracy. The Web Application may contain typographical errors, inaccuracies, or other errors or omissions. This Web Application contains data supplied by third parties and external information systems. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

7. Links to Third-Party Content

If the Web Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You assume all risk and Care Sherpa disclaims all liability arising from your use of such third-party content and functions.

8. Information About You and Your Visits to the Web Application

All information we collect on this Web Application is subject to our Privacy Policy found at https://caresherpa.com/privacy-policy. By using the Web Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

9. Disclaimer of Warranties

THE WEB APPLICATION AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEB APPLICATION AND ALL COTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB APPLICATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR BY OPERATION OF LAW, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEB APPLICATION AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB APPLICATION ARE ACCURATE, TIMELY, RELIABLE, OR COMPLETE; THAT THE WEB APPLICATION MEETS ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; THAT THE OPERATION OF THE WEB APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; THAT THE WEB APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEB APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEB APPLICATION IS AT YOUR SOLE RISK. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.

10. Limitation on Liability

IN NO EVENT WILL CARE SHERPA OR ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEB APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEB APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEB APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF CARE SHERPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to immediately notify Care Sherpa of and defend, indemnify, and hold harmless Care Sherpa, its parents, affiliates, subsidiaries, joint ventures, third-party service providers, and their respective employees, contractors, agents, officers, and directors from all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your misuse of the Web Application, or your violation of any third-party rights.

12. Violation of This Agreement

Violations of this Terms of Use may result in civil or criminal liability. Care Sherpa reserves the right (but has no obligation) to investigate occurrences that may involve such violations and take appropriate action in Care Sherpa's sole discretion against you if you violate this Agreement. Such action may include, without limitation, refusing to provide access to, or terminate existing access to, the Web Application, reporting you to law enforcement authorities, and taking legal action against you.

If Care Sherpa does take any legal action against you as a result of your violation of this Agreement, Care Sherpa will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Care Sherpa. You agree that Care Sherpa will not be liable to you or to any third party for termination of your access to the Web Application as a result of any violation of this Agreement.

13. Contact Us

If there are any questions regarding these terms of use, you may contact us using the information below.

Care Sherpa

20 Burton Hills Blvd | Suite 150

Nashville, TN 37215
United States
info@caresherpa.com