Circle Care Center

Website Terms of Use

 

Welcome to the Circle Care Center website (the “Site”).  These Website Terms of Use (“Terms”) form a legal agreement between you and The World Health Clinicians, Incorporated, which runs the Circle Care Center (“CCC”) and govern your access to and use of the Site.  Please read these Terms carefully.  BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS.  IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SITE AND SHOULD LEAVE THE SITE BY CLOSING YOUR BROWSER WINDOW.  These Terms apply to all visitors, users and others who access or use the Site.  You represent that you are at least eighteen (18) years of age.

 

1.     Scope of License

Subject to your agreement and compliance with these Terms, CCC grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Site and its features and functionality, solely in connection with the purposes for which the Site was designed.  You agree that all features of the Site may not work well or at all on any particular device or computer.

 

2.     Service Providers

We intend the Site to provide a convenient hub from which our patients may access certain patient-related services and functionalities, such as the ability to book appointments, access the patient portal, or pay bills online.  These services and functionalities are provided through third party service providers.  We acknowledge our responsibility to comply with applicable laws and regulations when engaging service providers, including HIPAA compliance for access to the protected health information of patients.  For more details, please refer to the business associates section of our HIPAA Omnibus Notice of Privacy Practices, linked from our website or provided to you upon request.  You agree that CCC will not be responsible to you or anyone for any acts, omissions or violations of our service providers and that any claims relating to these services must be pursued against the service providers directly.

 

3.     Your Obligations; Restrictions on Use

You agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with operation and management of the Site by CCC.

You shall not do any of the following, which are all deemed materials breaches of these Terms and of your license to use the Site:  (1) distribute or make the Site available over a network where it could be used by multiple devices at the same time; (2) access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site; (3) rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, or otherwise redistribute or use our Site or content; (4) copy, decompile, reverse engineer, disassemble, attempt to derive or modify the source code of all or any part of the Site; (5) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; (6) use any type of bot, spider, virus, Trojan horse, or any other unauthorized or malicious code or software designed to damage the Site or CCC or to access or extract CCC data or code without authorization; (7) use the Site for any type of attack, including denial of service attacks, upon any party; (8) overburden the capacity of our networks or servers; (9) use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party; (10) provide us or make available any sensor data (such as microphone, camera, fitness or other data) that you are not authorized to provide; (11) impersonate any other person or entity when using the Site; (12) create any apps, extensions or other products or services that use our content without our permission; (13) frame or mirror the Site without written authorization from CCC; or (14) scrape or otherwise collect any personal or contact information from the Site and use such information to send spam, harass the recipient, or otherwise engage in communications that are not authorized by the recipient or that a reasonable person would object to or find offensive or otherwise undesirable.

Any attempt to do any of the foregoing is a breach of these Terms and will subject you to all remedies available to us, our service providers and our licensors under the law.  Without limitation, this may include contract breach, intellectual property infringement, and computer fraud and abuse.  If you breach any of these restrictions, you may be subject to prosecution and monetary liability to CCC.

 

4.     No Liability for Content or Functionality

We used reasonable care in creating the content and functionality of our Site and we try to extend and update the information published on our website.  We reserve the right to amend this information or data at any time and without any prior announcement.  CCC shall not be obligated to correct or update the Site or its content, and CCC shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.   Despite taking care in reviewing this content, WE CANNOT GUARANTEE PERFECTLY ACCURATE OR UP TO DATE INFORMATION, AND WE THEREFORE DISCLAIM ANY AND ALL GUARANTEES AND WARRANTIES OF CORRECTNESS, CURRENCY (UP TO DATE STATUS) AND/OR COMPLETENESS OF THE INFORMATION AND DATA PROVIDED ON OUR WEBSITE.

We are responsible for our own content on these pages to the extent strictly required under local law.  To the extent permitted by applicable law, we disclaim any and all obligations, to monitor third-party information sent to or saved on our website or to investigate any circumstances that indicate any illegal activity, provided that any obligations we may have to remove or block use of information remain unaffected.  If we are notified of a specific legal violation or infringement of rights, we may use reasonable efforts to remove such content from our website as soon as possible after we receive knowledge of any respective legal violations or infringement of rights by said information.  In all events, CCC will comply with applicable local law.

 

5.     No Liability for Links

Our website contains links to external third-party websites that are not under our control.  External links may include interactive functionality provided by service providers, such as scheduling an appointment, making bill payments, or accessing your medical record, if we make such functionality available to you.  Because such sites are not under our direct control, we cannot assume and hereby disclaim responsibility for this third-party content.  You stipulate and agree that all linked materials are provided solely as a convenience to you and are subject to any specific terms and conditions under which they are provided.  You are solely responsible to understand and agree to such external terms, and you agree that CCC has no responsibility for such terms.  CCC does not create, endorse, sponsor, or otherwise recommend any linked materials or any products or services depicted therein.  CCC shall have no responsibility to examine any external content for accuracy, completeness, timeliness, validity, decency, appropriate, availability or any other aspect.

The service provider offering or operating third-party sites shall be solely responsible for the content of the pages linked from our website.  CCC uses reasonable efforts to review linked pages for potential legal violations or infringement of rights at the time they are linked, and we linked to pages that did not obviously display illegal content.  However, it is not reasonable for us to monitor the linked pages continuously without having received any specific indication of a legal violation or an infringement of rights by said content, and therefore we disclaim all responsibility for infringing or illegal content after it was originally linked.  Upon receiving knowledge of such legal violations or infringement of rights, we will use reasonable or legally required efforts to remove these links.

CCC SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFIT, ARISING FROM THE USE OF THE INFORMATION, DATA, FEATURES OR FUNCTIONALITY ON WEBSITES THAT ARE REFERRED TO IN OUR WEBSITE OR THAT ARE HYPER-LINKED FROM OUR WEBSITE.

 

6.     Copyright and Licensing Laws

The Site and its contents are temporarily licensed to you for your use consistent with these Terms.  They are not licensed or sold, and CCC reserves all rights in the Site not expressly granted to you by these Terms.  All content published on this website, in particular, all images, graphics, symbols, logos, and audio, video, animation and text documents in any file format and in any combination is the sole and exclusive intellectual and industrial property of CCC, and all such content is protected by copyright, trademark and other laws for protection of intellectual property.

The use, downloading, modification or reproduction of any or all images, graphics, symbols, logos, and audio, video, animation and text documents in any file format and in any combination require our prior written consent and is otherwise prohibited.  Generally, such authorization shall apply to only a previously and unequivocally defined use granted for a specific purpose and shall not constitute any permission to general use.  Even in the event that use, downloading or reproduction of website content has been previously authorized, said content may neither be modified nor copied for commercial purposes.  Furthermore, said authorization given hereinabove shall not grant any licensing rights whatsoever to use of intellectual property.

In addition, we ourselves endeavor to always respect third-party copyrights and to access or make reference to our own as well as license-free content sources.

 

7.     Suspension; Termination

Except as may be separately agreed in writing between you and CCC, CCC reserves the right to change, suspend, remove, disable or terminate access to the Site or any of its features or functionality, at any time without notice, for any or no reason, and with no liability or responsibility to you. CCC may also impose limits on the use of or access to the Site, in any case and without notice or liability.  These Terms and your license to use the Site are effective until terminated by you or CCC. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Site, including the destruction of any cached copies or information you obtained from the Site.  If you fail to comply at all times with these Terms, your license to use the Site will terminate automatically and without any notice from CCC, and your continued use after termination exposes you to legal liability to CCC, which CCC may pursue to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion.  Upon any termination of the license, you shall cease all use of the Site.

 

8.     Information That You Provide

Our Site may include functionality that permits you to communicate with us or send us information.  For example, you may ask questions, submit job applications, sign up for updates, or use other interactive features.  We may also have access to information generally made available by you browsers and devices when accessing online resources.  Whenever you interact with us and provide us information, we may collect that information (including your name, contact information, company name, and technical information provided by your device such as IP address).  We may collect and use this information to respond to your request or communication, improve our Site and services, comply with law, create aggregated or statistical data, and for any of our other business purposes.  If we make significant changes to our information use policy, we try to use appropriate efforts to notify you.  If we publish a Privacy Policy on our website, that policy will automatically control over this section.

If you provide us your email address, home phone number, or mobile phone number, consent to receive calls, messages and other communications from us using those methods that you provided, including text and SMS messages to your mobile number.  You agree not to provide us contact methods if you do not consent to our using them to communicate with you.

 

9.     Use of the Internet

Information transmitted over the Internet (e.g., during communication by e-mail) is never completely secure and may be intercepted by third parties.  You agree to accept the risk of interacting with CCC over the internet and your use of the Site is solely at your own risk. CCC cannot and does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network, even sensitive information.

 

10.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY OF YOUR ACCESS AND USE OF THE SITE IS WITH YOU AND NOT WITH CCC.  THE SITE, INFORMATION AND LINKS CONTAINED THEREIN, AND THE SITE’S FEATURES AND FUNCTIONALITY ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.  CCC MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO:  WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR PERFORMANCE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, OF NON‑INFRINGEMENT, OF FUNCTIONALITY, OF AVAILABILITY, OF NETWORK CONNECTIVITY AND TRANSMISSION, OF ABILITY TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY DISCLAIMED IN THIS SECTION.  Certain jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.

 

11.  LIMITATION OF LIABILITY

IN NO EVENT SHALL CCC, ITS AFFILIATES, SUBSIDIARIES, PARENT ENTITY(IES), DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY THE “CCC PARTIES”) BE LIABLE FOR PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR SALES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CCC SHALL HAVE NO (ZERO) LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE.  ONLY IF APPLICABLE LAW DOES NOT PERMIT ZERO LIABILITY, THEN OUR MAXIMUM LIABILITY TO YOU SHALL BE FIFTY U.S. DOLLARS ($50.00).  Certain jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so these limitations may not apply to you.

You agree to indemnify, defend and hold harmless CCC and the CCC Parties from and against any and all claims, actions, proceedings and suits, and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and other dispute resolution expenses) incurred or suffered by CCC or any CCC Party arising out of or relating to your use of the Site or your violation or breach of these Terms.

 

12.  Amendments

CCC may update these Terms at its discretion and from time to time.  All changes are effective and legally binding immediately upon posting, and your continued use of the Site after such changes are published constitutes your consent thereto.   It is your responsibility to review these Terms periodically and to continue using the Site only if you agree to these Terms.  CCC may notify you of minor updates to these Terms via email or web notification, and for more significant changes, we may confirm your agreement using other means, such as a click or using a pop-up message.  You must consent to the most updated version of these Terms each time you access the Site.

 

13.  Governing Law

These Terms shall be governed by the laws of the State of Connecticut, without regards to conflicts of law rules.  All disputes under these Terms will be exclusively submitted for adjudication to courts seated in or having jurisdiction over Fairfield County, Connecticut.  YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND, TO THE EXTENT NOT PROHIBITED BY YOUR JURISDICTION, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST CCC WITH THE CLAIMS OF THIRD PARTIES.

 

14.  Legal; DMCA

These Terms constitute the sole and entire agreement between you and CCC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

The Site has no content for children under 13 years of age and is not intended for use by children.  If you are under 13, do not use this Site and do not provide us with your personal information.  If you do, we reserve the right to delete all such information immediately and terminate your access to the Site, with no liability to you or anyone else.

Last Updated: March 10, 2023.  © The World Health Clinicians, Incorporated.