END USER LICENSE AGREEMENT

Please read carefully before proceeding. By using all or any portion of the MyCare Team, Inc. software on this site, you acknowledge that you have read this license agreement and understand it, and you agree to the terms and conditions contained in it. If you do not agree to the terms of this license agreement, do not use this site in any manner.

You choose who to share your information with via an invitation process you control in the system. If you give someone access to your account, you can revoke that access at any time. Please keep in mind that once and if you share your medical information outside the UMASS Memorial Health Care system via the invitation process, your data is viewable by others outside UMASS Memorial Health Care system and it is your responsibility to control the use of this medical data.

You can revoke access to your medical data by deactivating a Care Team member you previous invited by taking the following steps below:
1. Go to the left side of the page under My Care Team and Click on Care Team
2. Select Name of Care Team Member you would like to deactivate
3. Click Active button
4. Pop will ask you the following question: “Do you wish to deactivate this Care Team member? “
5. Click OK

The Terms and Conditions contained in this Agreement are subject to change at any time at the discretion of MyCareTeam, Inc. an UMASS Memorial Health Care. Your use of the MyCareTeam, Inc. application MCT-Clinical signifies your agreement to these terms and conditions, including any changes thereto that MyCareTeam, Inc. and UMASS Memorial Health Care may post from time to time.

1.   1. MCT-Clinical Application is for Information Only. You, the patient, acknowledge that MyCareTeam is an information management and diagnostic tool only. You further acknowledge that the MyCareTeam product (MCT-Clinical) does not have the ability to diagnose disease, prescribe or recommend treatment or perform any other tasks that constitute the practice of medicine. MyCareTeam Inc. makes no warranty as to the nature or quality of the content or the results, messages or information sent by the Patient, or any third party user of MyCareTeam. Furthermore, MyCareTeam Inc. and UMASS Memorial Health Care make no warranty that a provider will respond to results, messages or information sent by patient within a set time period. FOR URGENT MATTERS, PATIENTS SHOULD ALWAYS IMMEDIATELY CONTACT THEIR PRIMARY CARE PROVIDER OR THEIR DIABETES CARE PROVIDER BY TELEPHONE. FOR ANY EMERGENCY, PATIENTS SHOULD REPORT TO THE NEAREST EMERGENCY ROOM.

1.1  The contents of the MyCareTeam, Inc. application MCT-Clinical such as text, graphics, images, information obtained from MyCare Team, Inc., its licensors and other material contained on the MyCareTeam, Inc. application is for informational purposes only. The service, content and tools are not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MyCareTeam, Inc. application!

If you think you may have a medical emergency, call your doctor or 911 immediately.

1.2   Reliance on any information provided by MyCare Team, Inc., its contributors, or other visitors to MCT-Clinical is solely at your own risk. MyCare Team, Inc. assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. MyCareTeam, Inc. reserves the right to change or discontinue at any time any aspect or feature of MCT-Clinical.

2.   Protection of Information Privacy.

2.1   General.

2.1.1   MyCare Team, Inc. does not collect personally identifiable information about MyCareTeam, Inc. users ("Users") except when such individuals specifically provide such information on a voluntary basis. Access or other use of the MyCareTeam, Inc. MCT-Clinical or services by the User constitutes information voluntarily given by the User.

2.1.2   MyCare Team, Inc. subscribes to the principles of the Health on the Net Foundation Code of Conduct for medical and health web sites.

2.2   Use of Registration Information.

2.2.1  MyCare Team, Inc. will not disclose personally identifiable information of individual Users to unaffiliated third parties without the User's prior consent. MyCareTeam, Inc. stores the Internet Protocol (IP) address of your computer when you visit our site. This information is used for internal informational purposes only. (ii) To allow us to potentially vary advertising based on User preference.

2.3   MyCare Team, Inc. uses encryption technology to ensure the integrity and privacy of the information you pass to us via the Internet; however, to take advantage of this, you must use utilize a browser that maintains encryption support.

3.   Personal Use; Restrictions; Copyright.

3.1   Upon acceptance of these Terms and Conditions, MyCare Team, Inc. authorizes you to view and use material on this web site solely for your personal, noncommercial use.

3.2   The contents of the MyCare Team, Inc. site, such as text, graphics, images and other material including software licensed by MyCare Team, Inc. to permit Users to access the MyCare Team, Inc. site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of MyCareTeam, Inc..

3.3   Content is subject to change without notice at the discretion of MyCareTeam, Inc. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content..

4.   Liability of  MyCare Team, Inc. and its Licensors

4.1   The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. MyCareTeam, Inc. and UMASS Memorial Health Care makes no representations about the results to be obtained from using the MyCareTeam, Inc. site or the Content. The use of the MyCareTeam, Inc. site and the Content is at your own risk.

4.2   The use of the MyCareTeam Inc. site, Content and Services is at your own risk. When using the MyCareTeam Inc. site, information will be transmitted over a medium which is beyond the control and jurisdiction of MyCareTeam Inc. and its suppliers. Accordingly, neither MyCareTeam Inc. nor UMASS Memorial Health Care assumes liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the MyCareTeam Inc. site.

4.3   The MyCare Team Inc. MCT-Clinical and the Content and Services are provided on an "as is" basis. MyCareTeam Inc., UMASS Memorial Health Care, and their licensors, and suppliers, to the fullest extent permitted by law, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Specifically, MyCareTeam Inc. and UMASS Memorial Health Care, and their licensors and suppliers make no representations or warranties about the following:

(i)  The accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of MCT-Clinical or MyCare Team Inc.
(ii)  The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the MyCareTeam Inc. MCT-Clinical.

4.4  In no event shall MyCare Team Inc., UMASS Memorial Health Care, and their licensors, suppliers or any third parties mentioned on the MyCareTeam Inc. MCT-Clinical be liable for any damages (including, without limitation, incidental and consequential damages, Personal injury/wrongful death lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the MyCare Team Inc. site, Content or Service whether based on warranty, contract, tort or any other legal theory, and whether or not MyCareTeam Inc. or UMASS Memorial Health Care is advised of the possibility of such damages. MyCare Team Inc. and UMASS Memorial Health Care shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MyCareTeam Inc. and UMASS Memorial Health Care will not be liable for any Personal injury, including death, caused by your use or misuse of MCT-Clinical, Content or Public Area (as defined below). Any claims arising in connection with your use of MCT-Clinical, any Content or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Term and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

5.   Compliance with Export Laws.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).

6.   General.

MyCareTeam, Inc. is based in the Commonwealth of Massachusetts, in the United States of America. MyCare Team, Inc. makes no claims the Content is appropriate or may be used outside the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the MyCare Team, Inc. site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

7.   Jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with MyCareTeam, Inc., or in any way relating to your use of MyCareTeam, Inc., resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving MyCare Team, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws and principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

8.   Complete Agreement.

Except as expressly provided via MCT-Clinical, these terms and conditions constitute the entire agreement between you and MyCareTeam, Inc. with respect to the use of the MyCareTeam, Inc. MCT-Clinical and any software and content contained herein.

9.   MCT-Clinical is subject to a certain license agreement by and between MyCareTeam, Inc. and Georgetown University. By accepting the terms of this Agreement, you hereby acknowledge and agree to be bound by certain terms and conditions of that certain license agreement by and between MyCareTeam, Inc. and Georgetown University. Specifically, you agree to the following terms and condition: Georgetown University does not warrant the validity of the Site and Content (including any potential patent rights related thereto) and makes no representations whatsoever with regard to the scope of the Site and Content (including any potential patent rights related thereto) or that the Site and Content may be used without infringing any other patents; and Georgetown University expressly disclaims any and all implied or express warranties and makes no express or implied warranties of merchantability or fitness for any particular purpose of the Site and Content (including any potential patent rights related thereto). Further, Georgetown University has made no investigation and makes no representation that the MCT-Clinical is free from liability for patent or copyright infringement.