Legal

“CareScout Field Team” means those agencies and individuals who are independently contracted with CareScout, LLC to provide assessment and/or evaluation services.

“CareScout ID” means the number that is assigned to you by CareScout, LLC that you will use to obtain preferred pricing from CareScout Quality Network Providers.

“CareScout Quality Network” means the network of Providers that CareScout, LLC has contracted with to provide discounted rates to CareScout, LLC's members relative to such Provider’s market rates and that meet CareScout, LLC’s quality standards.

“Insurance Agencies” are those individuals or entities licensed with department(s) of insurance as an agent or producer to sell, solicit, and negotiate insurance contracts.

“Member” means an individual who has been assigned a CareScout ID from CareScout, LLC.

“Partner” means any long-term care insurer, employer, affinity group or other entity that has contracted with CareScout, LLC to provide a policyholder, employee, affinity group member, or other Partner’s customer with access to the CareScout Quality Network.

“Provider” means any individual or entity providing long-term care, home care, or other similar services that have entered into an agreement with CareScout, LLC to participate in the CareScout Quality Network.

Scope

These Terms of Use (“Terms”) establish the terms of your use of websites and information thereon (collectively, the “Sites”) offered by CareScout Holdings, Inc. and its affiliates (“CareScout”) and your use of and access to services and products (collectively, the “Services”) by CareScout, LLC. These Terms that apply to Services by CareScout, LLC do not affect any of your rights and obligations under your insurance policy or between you and your insurance company.

The Terms contain important information and disclaimers that govern your use of the Services and Sites, so please read them carefully. By using or continuing to use the Services and Sites, you agree to the Terms. Unless stated otherwise, any new services, products, and materials added to the Services and Sites will be covered by these Terms.

The purchase or sale of insurance between CareScout Insurance Company and its customers is governed by written policies. No other representation, whether made in person, online, electronically (including, but not limited to, representations on the Sites), in writing, or by graphic or verbal communication may alter the terms of those policies.

For details on how we collect and use your personal information, please review our Privacy Policy.

CareScout Sites

Purpose

CareScout’s Sites are made available to provide information about long-term care insurance and aging-related care. The Sites may provide information about all aspects of eldercare, insurance, and related services, including but not limited to cost trends, innovative care approaches, and general education. The Sites also enable Providers, Insurance Agencies, Partners, and potential Partners to learn about opportunities with CareScout. The Sites can also help identify CareScout Quality Network Providers.

CareScout does not provide legal, tax, financial, medical, or other similar professional services or advice, and the information provided on the Sites is not intended to serve as such. In addition, advice on such matters must fit your particular circumstances. Consequently, we strongly encourage you to consult with your own professional advisors to examine the legal, tax, financial, medical, or other similar aspects of any information presented on the Sites and how they may affect your particular situation. The information provided on the Sites is also not intended to serve as the sole basis upon which any material decision is made. CareScout assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or other materials on the Sites.

Use of the Sites is subject to the additional disclaimers and caveats that may appear throughout the Sites, as well as CareScout’s Privacy Policy.

Links to other websites

The Sites may contain links to third-party websites. CareScout does not endorse or control these third-party websites and is not responsible for their content. CareScout makes no representations or warranties about the accuracy, completeness, or suitability of any information, products, or services on any third-party websites that may be linked to or from our Sites. Neither CareScout nor its affiliates are liable for any damages or losses that may result from your use of those websites.

Third-party websites are subject to their own terms, conditions, privacy practices, and policies. Any concerns or issues regarding third-party websites should be directed to the relevant third-party website.

External links to the Sites

All links to the Sites must: (i) contain the name "CareScout"; (ii) display the linked page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iii) have an appearance, position, or other aspects that would neither create the false appearance that an entity or its activities or products are associated with or sponsored by CareScout nor damage or dilute the goodwill associated with the name and service marks/trademarks of CareScout or its affiliates. CareScout reserves the right to block any link at any time in its sole discretion.

CARESCOUT, LLC SERVICES

Care Plans

CareScout, LLC conducts interviews with our customers to gather information about their care needs. Based on these interviews, we provide observations and action items for you to consider, informed by our extensive experience in the field of aging care and services. The resulting report (“Care Plan”) documents and addresses your aging-related needs. The Care Plan is not medical advice, nor is it a substitute for a medical evaluation.

The Care Plan is not an assessment of eligibility for any long-term care insurance policy or government program.

By requesting a Care Plan, you agree to be bound by the Terms.

CareScout ID

After you order a Care Plan, you will receive a confirmation email that will contain your CareScout ID. You can use your CareScout ID to receive preferred pricing from Providers in the CareScout Quality Network, if you choose to use their services.

Care Plans: Ordering and Payment

Care Plans can be ordered via the Sites, where you can find the latest pricing information.

To order a Care Plan, you will need to provide your credit card information. By submitting the online order form, you allow us to charge your card for the Care Plan. If your credit card company does not approve the payment, we may cancel your order.

CareScout does not process payment for Care Plans. Payment processing services for Care Plans are provided by Adyen, a third-party payment processor, so the name "Adyen" may appear on your bank statement in relation to your Care Plan payment. Adyen’s terms and conditions, may be accessed on its website via https://www.adyen.com/legal. However, for support or questions related to your Care Plan purchase, please do not contact Adyen.

We reserve the right to change payment processors at our discretion.

After you have placed the order, we will reach out to you to schedule the evaluation. We will try to reach you at least three times in thirty days. If we cannot connect with you within that timeframe, we may cancel your order, in which case we will refund your payment.

You may call us at 800-870-8479 to cancel your Care Plan up to twenty-hour hours before your evaluation, and you will receive a full refund.

In the event of technical difficulties with virtual evaluations, CareScout, LLC will work with you to reschedule. CareScout, LLC reserves the right to cancel and refund any evaluations that cannot take place due to repeated technical difficulties.

Care Plan Content and Limitations

The Care Plan will assist you (1) in determining whether there are any actions that might be beneficial for you and (2) in conversations with your family and/or healthcare providers.

The Care Plan evaluation may be provided in-person or virtually, and will consist of a series of categorized questions. The individual conducting the evaluation will record your responses to these questions. At any time, you may end the evaluation. You may also request to skip any questions that you do not wish to answer. If you choose not to respond to or to skip any questions, you acknowledge that the Care Plan may be incomplete as a result.

While your Care Plan evaluation may be conducted by a nurse, neither the Care Plan evaluation, nor the Care Plan itself, is a medical service. The Care Plan and the evaluation do not constitute medical advice are not a substitute for a medical evaluation. You should always consult with the appropriate medical professional for medical advice, diagnosis, or treatment.

Because the Care Plan summarizes your answers to a set of questions, the Care Plan’s accuracy depends on the accuracy of the information you provide. CareScout, LLC is not responsible for the accuracy of such information, or for any errors or omissions therein. CareScout, LLC is not responsible for claims, loss, or damage caused or alleged to be caused, directly or indirectly, by use of information you provide to CareScout, LLC.

The information provided in the Care Plan is not intended to serve as the sole basis upon which any material decision is made. CareScout, LLC assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Care Plan.

The Care Plan is not an assessment of eligibility for any long-term care insurance policy or government program. It also does not replace any assessment your care provider may administer in order to determine the most appropriate services for you.

Third party services identified in Care Plans

The Care Plan may suggest actions for you to consider, including use of services provided by third parties. Such third parties may include Providers who participate in the CareScout Quality Network. Providers in the CareScout Quality Network have been reviewed for quality and offer preferred pricing to CareScout, LLC members. You are not obligated to use services from CareScout Quality Network Providers or any Services provided by CareScout, LLC.

CareScout, LLC is never paid by Providers for inclusion or favorable placement in any Care Plan. You are under no obligation to take any action or use any service referenced in the Care Plan. If you choose to use a Provider in the CareScout Quality Network, CareScout, LLC may be compensated by your Provider for services you have received using preferred pricing. For detailed information on our Quality Network, please refer to the section of the Terms entitled, "CareScout Quality Network."

CareScout, LLC is not liable or responsible for third party services or work product and, other than the Providers in the CareScout Quality Network, has not reviewed any third party for quality.

Collection and use of information

CareScout, LLC will need to collect, store, and use personally identifiable information from you for the purpose of providing the Care Plan. By providing your information to CareScout, LLC, you agree that we may use it in accordance with the Terms and with our Privacy Policy.

We may also request your feedback for the purpose of improving the Care Plan.

CareScout, LLC may decide to stop offering Care Plans at any time. Any previously collected personal information will be handled in accordance with these Terms and Privacy Policy.

Care Plan delivery

Following completion of the evaluation, the Care Plan will be transmitted via email to you and/or anyone you designate. If you would like us to send your Care Plan via encrypted email, please call us at 800-870-8479.

CareScout Quality Network

Provider listings

You may identify a list of CareScout Quality Network Providers in your area through the search function provided on the Sites or by contacting CareScout, LLC via phone. Providers never pay CareScout, LLC to be featured in any listing. CareScout, LLC identifies Providers for you based on certain selection criteria you share with us, such as the kind of assistance needed and your zip code, combined with Providers’ ability to serve your zip code.

Providers never pay to be featured more prominently than others in our search results or in the listings that we send you. The order in which Providers appear in online search results on the Sites or in emailed listings from CareScout, LLC is random and is not intended to convey any information to you.

CareScout Services

The CareScout Quality Network is not health or long-term care insurance. We don’t pay Providers or process claims. However, we will help you get access to preferred pricing from our Quality Network Providers. Your range of savings will vary depending on the Provider, type of Provider and service.

How to join

There is no charge for joining. You can join by contacting CareScout, LLC through its Sites or via phone and requesting a CareScout ID. Your CareScout ID will provide you with access to preferred pricing for Providers in your state, as well as invoice validation from CareScout, LLC, and access to personalized service to help you navigate Provider options and find care that meets your needs. CareScout, LLC has not launched all of its Services in all states. Please refer to our Sites for the latest information associated with new products and Services, including when Services become available in additional states.

How to leave

You are not required to cancel your CareScout ID when you discontinue receiving services from your Provider. Should you wish to confirm your cancellation or let us know the reason you are leaving, please contact us at 855-885-6612.

Please note that CareScout, LLC may continue to receive fees for services you receive until preferred pricing is terminated by your Provider.

Provider standards

Providers never pay CareScout, LLC to apply to, be reviewed for, or be approved for inclusion in our Quality Network. Providers in the CareScout Quality Network meet CareScout, LLC’s applicable standards for licensure, certification, accreditation, financial health, and organizational integrity. CareScout, LLC reviews these Providers through a rigorous process, including, but not limited to, evaluating the Provider’s organizational structure, management and staffing procedures, organizational sanctions, operational procedures, cultural competency, and customer satisfaction reviews.

CareScout, LLC uses monitoring tools such as web alerts to help identify issues that a Provider may have that could affect their participation in our Quality Network. In addition, CareScout, LLC periodically re-credentials its active Providers.

Person-centered care

CareScout, LLC confirms that Quality Network Providers prioritize person-centered care. Person-centered care looks beyond safety and integrates your values, preferences, and goals into the care you receive. This approach creates a partnership between caregiver and care recipient that addresses the physical, mental, spiritual, and social elements of a person's well-being. CareScout, LLC uses a third party to regularly survey a Provider’s customers and staff, to measure how well they adhere to the person-centered care approach.

Provider responsibility for care delivery

CareScout, LLC does not provide or oversee the delivery of care services and is not responsible for the delivery of care services or for the actions of any Provider you select. Our credentialing process reviews agencies, processes, controls, and operational health, but cannot guarantee that individual employees will provide stellar service with every encounter. All aspects of a Provider’s services, including, for example, employee management and quality control, are the responsibility of the Provider. In the event that a caregiver falls short of your expectations, please let your Provider know as soon as possible. We also encourage you to contact CareScout, LLC at 855-885-6612, because we consider your feedback an important part of our ongoing Provider monitoring.

Preferred pricing

We negotiate discounts for families and a CareScout, LLC fee from Providers. Preferred pricing, which is the discounted rate for CareScout, LLC Members, varies depending on the Provider and services received from that Provider. It can also vary depending on whether you join CareScout, LLC directly or through a Partner relationship. The pricing information you receive from CareScout, LLC or your Provider will identify your preferred pricing from that particular Provider, so you can make an informed decision before scheduling Provider services.

You will need to share your CareScout ID with your Provider to receive preferred pricing. Please refer to the pricing information that you receive from CareScout, LLC or your Provider to identify whether any of the Provider’s services are excluded from preferred pricing.

Preferred pricing may save you money on Provider services. If you have a long-term care policy, preferred pricing may also save your insurance company money on services covered under your policy, which may help your policy benefits last longer.

Keep in mind that the search results may not include the lowest cost providers in your area. Providers outside the CareScout Quality Network may provide the same or similar levels, types, and quality of services at similar or different price points, but CareScout, LLC has not reviewed these providers for inclusion in our Quality Network and they have not committed to preferred pricing for our Members.

Preferred pricing may not be available in all instances. For example, in some cases, a Provider has already reduced its rates significantly below the market cost of care. We make these Providers available to you as part of our commitment to keep the cost of care down and to offer choice of Providers nationwide. CareScout, LLC receives no fee for services from Providers who do not offer preferred pricing.

In addition, preferred pricing may only be available to new customers of a Provider in the CareScout Quality Network and not existing customers of that Provider. Please call CareScout, LLC if you are an existing customer of a Provider and would like to know if it is part of the CareScout Quality Network and, if so, whether it will provide you with preferred pricing.

Please note that changes in Provider rates occur from time to time, which in turn affects preferred pricing. If it has been some time since you have received Providers’ rates from CareScout, LLC, please call us for up-to-date preferred pricing. Additionally, preferred pricing may only last as long as the provider continues to be in the CareScout Quality Network. Our online directory of CareScout Quality Network Providers is the current source for details on Provider options and can be found at CareScout.com.

Any preferred pricing available through the CareScout Quality Network will not apply to services or any portion of services covered by a federal or state health care or long-term care program.

CareScout Quality Network compensation

If you join through one of our long-term care insurance Partners, CareScout, LLC may be compensated by your long-term care insurance company. Otherwise, CareScout, LLC will collect its fees from your Provider for the services you have received using preferred pricing. You never remit a fee to CareScout, LLC for use of our Quality Network.

Providers pay CareScout, LLC’s compensation after services have been rendered to a CareScout, LLC member at the preferred price. Although we collect compensation for our Services, Providers never pay CareScout, LLC to be included in our Quality Network or to be featured in any listing. Additionally, Providers never pay to be featured more prominently in our search results or in the listings that CareScout, LLC sends you.

Preferred pricing validation

CareScout, LLC will review the invoices from your Provider for the purpose of ensuring that preferred pricing was applied to all eligible services. Upon validation of preferred pricing for each invoice, CareScout, LLC will send it back to your Provider. You will then be billed directly by the Provider. With the exception of preferred pricing validation, CareScout, LLC does not check your invoices for accuracy, so you will need to address other billing issues directly with the Provider.

CareScout, LLC and your Provider may need to exchange your personal information for the purpose of reviewing your invoice. Where required by law, you authorize CareScout, LLC and your Provider to share your personal information with each other for this purpose.

For details on how we collect and use personal information outside of invoice validation, please review our Privacy Policy. For details regarding your Provider’s collection of your information, please reach out to your Provider.

Keep in mind that you are responsible for payment to the Provider as you incur costs for use of their services.

If you have any questions regarding our invoice validation process, please contact us at 800-846-4595 or invoice@carescout.com.

CareScout Quality Network and insurance coverage

If you are using long-term care insurance to pay for your care needs, you are responsible for confirming the eligibility of any Provider under your policy with your long-term care insurance carrier. Whether or not you choose a provider in the CareScout Quality Network has no impact on the benefits and other terms of your insurance policy and is not a guarantee that your insurance carrier will pay for services offered by that Provider or that your insurance carrier will approve that Provider under the terms of your insurance policy.

You are under no obligation to use CareScout, LLC to locate a Provider or to use any Provider CareScout identifies.

If you have questions about insurance coverage, claim eligibility, or whether the services of certain Providers are eligible for policy coverage, please contact your long-term care insurance carrier. Eligibility and claims determinations can only be made by your insurance carrier.

Additional Limitations on the Services

In addition to limitations on the Services described throughout the Terms, the following limitations apply.

CareScout, LLC does not provide legal, financial, medical, or other similar professional services or advice, and the Services are not a substitute for such professional services or advice.

Search results will not help you identify a Provider of services covered by Medicare, Medicaid, or other federal or state health care programs. You don’t have to use any provider identified by CareScout, LLC, including the Providers in the CareScout Quality Network, in order to access benefits under a government health care program such as Medicare or Medicaid or to access benefits under any long-term care insurance policy. Additionally, and as previously noted in the section entitled “Preferred Pricing,” any preferred pricing available through the CareScout Quality Network will not apply to services or any portion of services covered by a federal or state health care program.

Provider search results will not identify whether a Provider’s services will be covered by private insurance or any other program. You are responsible for confirming the eligibility of any Provider under any long-term insurance care policy you may own.

CareScout, LLC relies on CareScout Quality Network Providers to provide and update information. CareScout, LLC is not responsible for the accuracy of such information, or for any errors or omissions therein. CareScout, LLC is not responsible for claims, loss, or damage caused or alleged to be caused, directly or indirectly, by use of information you receive from CareScout, LLC.

CARESCOUT INSURANCE COMPANY

THE FINANCIAL OBLIGATIONS OF THE INSURANCE POLICIES ARE THE SOLE RESPONSIBILITY OF CARESCOUT INSURANCE COMPANY. NEITHER CARESCOUT HOLDINGS, INC., CARESCOUT, LLC, NOR ANY OTHER AFFILIATES OF CARESCOUT INSURANCE COMPANY ARE LEGALLY RESPONSIBLE FOR POLICY OBLIGATIONS.

No Offer

THE INFORMATION ON THIS SITE IS NOT AN OFFER BY OR ON BEHALF OF CARESCOUT INSURANCE COMPANY TO SELL OR SOLICIT AN OFFER TO BUY ANY INSURANCE PRODUCT.

The information contained on the Sites are inherently limited in scope and may change without notice. The information also does not contain all of the applicable terms, conditions, limitations or exclusions of the insurance policies described.

CareScout Insurance Company’s information is provided below.

Name of Company

NAIC #

State of Domicile

State Licenses

Principal Place of Business

CareScout Insurance Company

94072

AL, AR, AZ, CO, CT, DC, DE, GA, IA, ID, IN, KS, KY, LA, MI, MO, MS, MT, NC, ND, NM, NV, OK, OR, RI, SC, SD, TN, TX, UT, VA, VT, WA, WV

11011 West Broad Street Glen Allen, Virginia 23060

Changes to the Services or Terms

CareScout may modify the Terms at any time and such modifications shall be effective immediately upon CareScout’s posting of the modified Terms on its Sites.

You agree that it is your responsibility to review the Terms periodically. If you do not agree to any provision of the Terms or any modification thereto, you must stop using the Services and the Sites. Your continued use of the Services and Sites following any modification of the Terms will constitute your acceptance of the modified Terms.

We will notify you if a change to our Services affects the Provider services you receive.

Information provided by you

In order to use certain functionality on our Sites, you may have to register. You agree to provide true, accurate and current information about yourself as prompted by the registration and application forms on the Sites. If any information you provide is untrue, inaccurate, incomplete or not current, or if CareScout has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, CareScout, in its sole discretion, has the right to suspend or terminate your access to the Sites. You may update information about yourself by logging into your account, calling the number on your policy statement, writing to the address on that statement, or calling 833-799-8030. As applicable to the type of account you register, you are solely responsible for controlling your user name, password, and answers to any security questions, for maintaining the confidentiality thereof, and for authorizing, monitoring and controlling access to and use of your account, whether by you or others. Further, you agree that CareScout will not be liable to you or any third party if CareScout terminates your access to the Sites, and the Services or materials thereon, or disables any username, password or other identifier for any reason.

Except for the information you submit during the registration process or during the use of any other functionality offered through the Sites (the "Permitted Information"), CareScout does not want you to, and you should not, send any confidential or proprietary information to CareScout via the Sites, i.e., through a bulletin or comment platform. You agree that any information or materials that you or individuals acting on your behalf provide to CareScout other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to CareScout you grant to CareScout an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and you further agree that CareScout is free to use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to CareScout. You further recognize that CareScout does not want you to, and you warrant that you shall not, provide any information or materials to CareScout that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

CareScout will use the Permitted Information in accordance with the CareScout Privacy Policy.

SMS Notifications

As used in this Terms of Use document, "SMS Notifications" means any SMS (text message) communication from us to you, including communications pertaining to your policy or if applicable, claim(s), including, but not limited to, premium notifications, document status, and claim notifications.

How to UNSUBSCRIBE - You may withdraw your consent to receive SMS Notifications by texting STOP to the message you receive. You may also withdraw your consent by contacting us via phone at 800.404.2956. At our option, we may treat your provision of an invalid mobile phone number, or the subsequent malfunction of a previously valid mobile phone number, as a withdrawal of your consent to receive SMS Notifications.

To request additional information, contact us via phone at 800.404.2956.

How to Update Your Records - It is your responsibility to provide us with your true, accurate and complete name, mobile number, address and email address, and to maintain and update promptly any changes in this information. You can update your mobile number and the other information in your profile by logging in to CareScout.com and accessing your profile or via phone at 800.404.2956.

Hardware and Software Requirements -To receive SMS Notifications, you must have: a SMS-capable mobile phone; an active mobile phone account with a communication service provider that offers SMS services; and enough storage capacity on your mobile phone.

Charges - There are no charges for SMS Notifications by CareScout, but you are responsible for any and all charges, including, but not limited to, fees associated with text messaging, imposed by your communications service provider. Consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your mobile phone bill.

Response to SMS Notifications not available - Please note that the SMS Notifications are to provide you with status regarding your policy or claim or online profile only. You cannot respond to a CareScout SMS Notification to communicate with CareScout. To contact CareScout, please call us at 800.404.2956 or text HELP.

911 and Emergency Calls not available - You cannot respond to a CareScout SMS Notification to make a 911 or emergency call. CareScout will not be responsible for any claim, damage, or loss related to use of this function for a 911 or emergency call.

Other Important Terms - Additionally, you agree that we may send any SMS Notifications through your communication service provider in order to deliver them to you. You agree that you have provided your valid mobile phone number for these services, and that you will promptly update your profile on CareScout.com with any new information including a new mobile number. You understand that you are not required to receive text messages (directly or indirectly) as a condition of transacting with CareScout. Text messages may be sent by automatic telephone dialing system. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a mobile phone number that is not your own, or your violation of applicable federal, state or local law, regulation or ordinance, or for unauthorized interception of any message by a third party. Messages sent to you via SMS Notifications are provided for your convenience only, and our failure to notify you via text will not relieve you of any obligations. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you, any other user or a third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you are timely notified of any changes.

Notice

The Services, any insurance products, and any other services or products described on the Sites:

• are available only to consumers in the United States of America unless otherwise specifically noted;

• may not be available in all states of the USA; and

• are subject to all applicable laws and regulations.

Disclaimer of warranties

To the maximum extent permitted by law, CareScout disclaims all express and implied warranties with regard to the Services and Sites, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. All such Services and Sites are provided “as is” and “as available” without warranty of any kind.

Limitation of liability

CareScout shall not be liable for any special, indirect, punitive, incidental, exemplary, or consequential damages, including from loss of use, loss of data, loss of profits, loss of goodwill, personal injury or death, property damage, or other losses or expenses related to, in connection with, or otherwise resulting from use of the Services or the Sites, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if CareScout has been advised of the possibility of such damages.

CareScout shall not be liable for any services you receive from third parties, including Providers. You agree to release CareScout, and its affiliates, officers, directors, employees, and agents, from any and all claims, demands, and damages arising from or in any way connected with your use of third-party products or services, including but not limited to any disputes, loss, or damage of any kind that may arise as a result of your interactions with Providers or Partners. You agree that the Terms establish limitations on your use of the Services and Sites and that the Services and Sites would not be provided to you absent such limitations.

The above limitations on liability may not apply in certain states.

Indemnification

You agree to indemnify and hold harmless CareScout and its affiliates, officers, directors, employees, and agents from and against any and all actions, claims, demands, liabilities, damages, losses, costs, expenses, or fees (including attorneys' fees) arising from or related to your use of the Services and Sites, your violation of the Terms, or your violation of the rights of any third party. CareScout reserves the right to assume at its own expense the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CareScout in asserting any available defenses.

Viruses

There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. CareScout is not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to the Sites. You, and not CareScout, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.

Proprietary rights

All materials and content of the Services and the content, organization, and layout of the Sites are owned or copyrighted by CareScout, its Providers, or its Partners and are for personal use only, except where expressly indicated.

In addition to copyright laws, the content and materials on the Sites may also be protected by trademarks, patents, or other proprietary rights or laws. Without the prior written permission of CareScout, you may not frame or use framing techniques, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any material and content on the Sites, in whole or in part.

You agree to use the Services and any content and materials on the Sites only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Sites. Any unauthorized use terminates the permission granted by CareScout.

If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, please contact CareScout to report the possible infringement.

Further, with respect to the Sites, including all information, content, data, and any materials referenced, you may not:

Use the information, content, data, or materials in any other website or in any network computer environment in any form;
Use any manual or automatic device, tool, or process, including robots, spiders, scripts, service, or software, to mine or scrape the information, content, data, or materials from the Sites; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archive that use tools to gather information for the sole purpose of displaying hyperlinks to the sites, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. Please also see section, “External Links to the Site;”
Use the information, content, data, or materials for the purpose of developing a software program or system, such as training a machine learning or artificial intelligence system;
Use any manual or automatic device, tool, process, or service designed to avoid restrictions, conditions, or technological measures that control access to the information, content, data, or materials on the Sites, including overriding or bypassing security features, access controls, or use limits outlined in these Terms of Use;
Archive, store, or cache, any information, content, data, or materials in any way, except for a public search engine’s use of spiders for creating search indices;
Take any action that imposes an unreasonable or disproportionately large burden on our network or infrastructure; or
Take any action that could alter, disable, or damage either the appearance or function of the Sites, including the presentation of advertising.

All of the above uses are considered prohibited actions and may be subject to civil, criminal, and/or administrative penalties, fines, or sanctions against you or those working with you.

International Users and Choice of Law

The Sites and Services are controlled, operated and administered by CareScout from its offices within the United States of America for consumers in the United States of America. CareScout makes no representation that materials at the Sites or the Services are appropriate or available for use at other locations outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Sites or export the materials or Services in violation of U.S. export laws and regulations. If you access the Sites from a location outside the United States, you are responsible for compliance with all local laws.

These Terms constitute the entire agreement between CareScout and you with respect to your use of the Sites and Services. Any cause of action you may have with respect to your use of the Sites and Services must commence within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

Governing law

The Terms shall be governed by the laws of the New York, United States of America, without giving effect to its conflict of law provisions, except as provided in the section entitled “Disputes.”

Disputes

You agree that any dispute between you and CareScout arising out of or relating to the Terms or the Services will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of "class," "joint" or "representative" litigation (including in any "private attorney general capacity") against CareScout. Any arbitration will be administered by the American Arbitration Association and will take place in New York, NY, U.S.A.

Waiver of jury trial

YOU AND CARESCOUT IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD TO ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY, THE SITES, ANY MATERIAL, OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.

Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:

The name and address of the provider of the Sites is CareScout Holdings, Inc., 11011 West Broad Street, Glen Allen, Virginia 23060. Complaints regarding the Sites, Services, or requests to receive further information regarding use of the Sites or Services may be sent to the above address or to consumerhotline@carescout.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Contact information

If you have any questions about the Terms, the Services, or the Sites, please contact Customer Service at the following address:

CareScout

11011 West Broad Street

Glen Allen, VA 23060

Tel: 800-571-1918

Fax: 800-513-8860