Social Media Terms of Use

Social Media and Community Terms of Use

By accessing any CareSource Management Group or CareSource (referred to as “CareSource”) Sponsored Social Media and Community Page (the “CareSource Page”), you agree to comply with these CareSource Social Media and Community Terms of Use (the “Terms of Use”), in addition to any terms or requirements posted on the CareSource Page and/or any other CareSource Website Terms of Use and Privacy Policies.

Any content or comments you provide on the CareSource Page shall be referred to as “User Content.”

User Content:

Although CareSource is under no obligation to screen or monitor any User Content, CareSource may, in its sole discretion, screen or monitor User Content to review compliance with these Terms of Use or for any other purpose, and may delete, block, refuse to post, and/or edit any User Content and/or restrict your access to the CareSource Page at any time and for any reason without notice or liability, subject to the CareSource Page’s terms and conditions and functionality provided by the CareSource Page.

USER CONTENT DOES NOT REFLECT THE OPINIONS OF CARESOURCE, ITS EMPLOYEES OR AFFILIATES, AND CARESOURCE DOES NOT ENDORSE ANY USER CONTENT AND TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT POSTED, STORED, OR UPLOADED BY ANY USER, OR FOR ANY LOSS OR DAMAGE THERETO.

User Content must adhere to the following requirements and CANNOT:

  • Contain any third-party material (including any intellectual property, confidential, and/or proprietary information), including, but not limited to, logos, drawings, tattoos, photographs, pictures, sculptures, paintings and other images or works of art, literary works, sound recordings, videos, trademarks, trade secrets or other items (collectively, “Third Party Materials”) without the explicit prior written permission to use any such Third Party Materials;
  • Be sexually explicit; graphically, gratuitously, or unnecessarily violent; defamatory or derogatory of any ethnic, racial, gender, religious, professional, or age group; pornographic; or contain nudity;
  • Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without explicit prior written permission;
  • Contain private information about yourself or any other individual, including, but not limited to, information related to the health of the individual, financial information about the individual, or any identification or account numbers related to the individual, with or without their permission or consent;
  • Be in violation of any law, or depict any materials or images that are in violation of any law;
  • Contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or
  • Contain any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or promote illegal activity and/or illegal contests, sweepstakes, gambling, including any online casino, sports books, bingo or poker, or any other form of solicitation.

Release:

You acknowledge and agree that you are solely responsible for your User Content and any related content uploads, posts, emails, and/or other communications disseminated in connection with your use of the CareSource Page and agree that you will not hold CareSource, its subsidiaries and affiliates, responsible or liable and shall release CareSource, its subsidiaries and affiliates, from any and all liability related to any User Content submitted by you or related to your use of the CareSource Page.

License:

You hereby grant to CareSource, its subsidiaries, affiliates and agents, a perpetual (as long as CareSource or any other third party has not deleted the User Content), non-exclusive, worldwide, irrevocable, sub-licensable, royalty-free license to use, redact, reproduce, publish, adapt, edit, modify, create derivative works of, perform, display, distribute or otherwise exploit your User Content and/or all other intellectual property contained therein, alone or with other materials for any commercial or non-commercial purposes in CareSource’s sole discretion without any compensation paid to you and without further approval from you.

Proprietary Rights:

The CareSource Page contains information and materials protected by copyright, trademark, and/or other proprietary laws. Such information and materials may include, without limitation, trademarks, service marks, trade names and logos of CareSource, its affiliates and third parties. Nothing on the CareSource Page grants or should be construed as transferring, assigning, or granting to you any rights, including but not limited to, a license to use, any such information and materials. Additionally, you understand and agree that you do not own or have any rights in the CareSource Page, or any information or material made available through the CareSource Page (other than your User Content). Except as otherwise stated, you agree not to copy, rent, lease, sell, make available, distribute, modify, or make derivative works of the CareSource Page or any information that we post to the CareSource Page (other than your User Content) without our prior express written consent.

Links:

The CareSource Page may provide you with links to websites, services, products, content, or other material of third parties. You acknowledge and agree that we do not endorse and are not responsible or liable for any material available through such links, and that you access such material at your own risk. We encourage you to review the privacy and terms of use policies made available to you by such third parties. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Privacy:

We have no intention of collecting personally identifiable information from children under the age of 13. Additionally, the privacy of your personal information is very important to us. For more on what information we collect and how we use such information, please read our HIPAA PRIVACY PRACTICES. You agree to our collection, use, and sharing of your information and User Content as set forth in the Privacy Policy.

The CareSource Page is intended for persons older than 18 years. If you live in a state where the explicit consent of a parent or legal guardian is required if you are under the age of 21, then you may be required to secure such consent prior to submitting a Submission or other content to the Website.

Aside from personally identifiable information, which is defined in and subject to the Website’s Privacy Policy, any User Content that you provide will be considered non-confidential and non-proprietary.

No Warranties:

The information, materials, and services on the CareSource Page are provided to you “as is,” without any express or implied representations or warranties of any kind, including any warranties as to merchantability or fitness for a particular purpose or non-infringement of intellectual property. We make no representation or warranties as to any material or information posted on the CareSource Page or that your use of content posted on or material otherwise made available through the CareSource Page will not infringe the rights of third parties.

WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE CARESOURCE PAGE, WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CARESOURCE PAGE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CARESOURCE PAGE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL CARESOURCE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $100 (UNITED STATES CURRENCY).

Indemnity:

You agree to defend and indemnify CareSource, its subsidiaries, and affiliates, and each of our respective officers, agents, directors, shareholders, partners, licensors, service providers, and employees, from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of your use of the CareSource Page arising from a breach or alleged breach of these Terms of Use by you (including, but not limited to, any breach of your representations and warranties set forth herein).

Digital Millennium Copyright Act:

We are committed to complying with copyright and related laws, and we require all users of the CareSource Page to comply with these laws. Accordingly, you may not store any material or content on, post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy to take down infringing material upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. Upon receiving such notice, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the DMCA procedures to resolve the claim between the notifying party and the alleged infringer.

If you believe that material has been posted on the CareSource Page in a way that constitutes copyright infringement, or that a link to an online location containing infringing material has been posted on the CareSource page, then please provide the following information to CareSource:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • An identification of the material or link that is claimed to be infringing and a description of where the material or link is located on the CareSource Page;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement by you that the information contained in your report is accurate, and under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached by sending a notice to the Office of General Counsel at CareSource, 230 North Main Street, Dayton, Ohio 45402.

It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others.

Miscellaneous:

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitute the entire understanding between you and us. You agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or related to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Governing Law and Jurisdiction:

This Website, the CareSource Page, and these Terms of Use are governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without reference to its choice of law rules and/or conflicts of law provisions, and regardless of your location. This Website and the CareSource Page are controlled and operated by CareSource from its headquarters in Dayton, Ohio. By accessing, viewing, or using the material on this Website and/or the CareSource Page, you consent to the jurisdiction of the federal and state courts in Montgomery County, Ohio, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. By entering into these Terms of Use, you are giving up the ability to participate in a class action.

Use of the CareSource Page is unauthorized in any jurisdiction that does not give effect to these Terms of Use. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the CareSource Page or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitutes the entire understanding between you and us.

Assignment:

We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written permission.

Notices and Questions:

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the CareSource Page or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Should you have any questions regarding these Terms of Use you may contact us at 230 North Main Street, Dayton, Ohio 45402.

Other Terms and Conditions apply: https://www.caresource.com/about-us/legal/terms-and-conditions/