Terms of Use

Revised November 3, 2016

These Terms of Use govern your use of the services and features provided via the website www.wisercare.com (collectively, the "Services"), which is operated by WiserCare, Inc. ("WiserCare").  By using the Services, you are agreeing to these Terms of Use, our Privacy Policy http://welcome.wisercare.com/privacy-policy and all guidelines posted within the Services.

Do Not Use The Services If You Are Experiencing A Medical Emergency.  Call 911 Immediately.

WiserCare Does Not Provide Medical Advice.
The Services are provided solely for informational purposes.  The Services are not a substitute for professional medical advice or treatment.  Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.  You should not disregard any professional advice or delay recommended treatment because of any information you obtain by using the Services.  WiserCare also does not endorse or recommend particular doctors, treatments, tests, products, or procedures, even those described within the Services.  

If you are asked to enter health, medical or other data while using the Services, you acknowledge that if you enter inaccurate data, the information provided by the Services may be less accurate and/or less applicable to your circumstances. 

Changes
WiserCare may change these Terms of Use, the Privacy Policy or any guidelines at any time with or without notice. If WiserCare changes these Terms of Use, WiserCare will post a new version in connection with the Services and update the date set forth above. Any changes or modifications to these Terms of Use or any guidelines will be effective upon posting of the revisions unless a different date is stated. Your continued use of the Services will constitute your acceptance of all changes. WiserCare may discontinue or change all or part of the Services, close your account or restrict access to the Services at any time.  WiserCare may, but is not required to, store and/or make available to you any information you have uploaded to the Services.

Registered Users
To be eligible to become a Registered User, you must be (a) an invited patient of a WiserCare customer, (b) an invited caregiver for a patient, (c) a physician employed by a WiserCare customer or who is part of a practice or medical group with admission privileges at a WiserCare customer hospital, (d) an employee of a WiserCare customer, or (e) individually invited to use the Services or otherwise authorized by WiserCare.    If you do not fall within one of these categories, please contact WiserCare and wait for approval prior to registering.  If you are using the Services in connection with a Master Services Agreement or other negotiated terms between WiserCare and your employer or other party (e.g., a hospital at which you have admitting privileges), you are responsible for complying with the terms of that agreement in addition to these Terms of Use.

You may not use the Services outside the United States.  If you are under the age of 18 years, you may not register to use the Services unless a parent or guardian provides WiserCare with written consent prior to your registration and WiserCare has approved your registration in writing. You may not use the Services under any circumstances if you are under age 13.  

Infringement
If you are a copyright owner or an agent thereof and believe that any content offered through the Services infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works offered through the Services; (iii) a description of the location of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WiserCare's designated Copyright Agent for notice of claims of infringement is:
 
WiserCare, Inc.
Attn: DMCA Agent
10880 Wilshire Blvd., #2240
Los Angeles, CA 90024
Telephone: (310) 957-2077
Email: info@wisercare.com

You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Links to Other Websites
The Services may contain links to third party websites. WiserCare does not endorse such websites and is not responsible for the content of such linked sites. You use all linked sites at your own risk. You should always check the terms of use and privacy policies of any websites you visit.

Mobile Access
If you access the Services via your mobile phone (through an iPhone application, for example), we do not currently charge for that access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

Fees
WiserCare reserves the right to institute charges for the Services, subject to the terms of any negotiated agreements then in force between WiserCare and its customers.

Limitations on Liability; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, ACCURACY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR ANY SERVICES OR FEATURES OFFERED THEREON. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WISERCARE, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES OR OTHER THIRD PARTY PARTNERS (“WISERCARE PARTIES”) ARISING OUT OF OR RELATING TO THE SERVICES IS TO STOP USING THE SERVICES. THE WISERCARE PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE. IN NO CASE SHALL THE WISERCARE PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU EXCEED $50.00.  THE WISERCARE PARTIES SHALL HAVE NO LIABILITY FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF YOUR ACCESS TO OR USE OF THE SERVICES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE WISERCARE PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend and hold harmless the WiserCare Parties, and their officers, directors, members, employees, agents, subsidiaries and affiliates from and against any claims, actions or demands, losses, liabilities and settlements including without limitation, reasonable legal and accounting fees ("Claims"), resulting from, or alleged to result from, your violation of these Terms of Use or your use of the Services provided such Claims are not caused by the gross negligence or willful misconduct of WiserCare. This provision shall survive termination of these Terms of Use.

Location of Services
WiserCare collects, processes, stores, discloses and disposes of in accordance with applicable U.S. law and our Privacy Policy at www.wisercare.com/privacy. WiserCare may transfer and store information on servers within and outside the United States.  

Export Control Laws
The information provided through the Services may be subject to United States export controls, and export controls of other jurisdictions. By using the Services or downloading any information there from, you warrant that you are not located in any country, or exporting such information to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any information subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload any information, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This paragraph shall survive termination of this Agreement.

Communications with Registered Users
If you are an Registered User, you agree that WiserCare may send notices to you by email at the email address you provide when providing your Patient Details (or which you later update using the functionality of the Services).

Governing Law and Venue
These Terms of Use shall be governed by the laws of the State of California and the applicable federal laws of the United States of America. All disputes arising under, or in any way arising out of or related to the Services, shall be litigated exclusively in the state and federal courts residing in the State of California, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of California. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WISERCARE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

Miscellaneous Terms
WiserCare may assign these Terms of Use at any time to a third party, including but not limited to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement, or any rights or obligations hereunder. You agree that these Terms of Use is not intended to confer and does not confer any rights or remedies upon any person other than the parties to these Terms of Use.

If any provision of these Terms of Use is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. No waiver of any term of these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and WiserCare's failure to assert any right under these Terms of Use shall not constitute a waiver of such term or provision.

The Terms of Use (including any other supplemental terms incorporated by reference into this document) constitute the entire agreement between you and WiserCare. If there is any conflict between the Terms of Use and any other rules or instructions posted in connection with the Services, WiserCare shall resolve the conflict in its sole discretion.

Contacting Us
For any questions or comments, contact us at:
WiserCare, Inc. info@wisercare.com