One Call Care Management
This page states the terms and conditions ("Terms") under which you may
use www.onecallcm.com (The "Web Site" or "Site"). (Please read
this page carefully. If you do not accept the Terms, do not use the Web Site). By
using the Web Site, you are indicating your agreement to be bound by the Terms.
One Call Care Management may revise the Terms at any time by posting an update to
this page. You should visit this page periodically, because your continued use of
the Site after we post changes to the Terms means you accepted the changes. The
terms "you" and "user" refer to all individuals and/or entities
accessing the Web Site for any reason.
You represent and warrant that you are of the legal age of consent in all applicable
jurisdictions and, in any event, are at least eighteen (18) years old.
2. Use of Material
The contents of the Web Site, including, but not limited to, text, graphics, sounds,
images, and other material ("Material"), are owned by One Call Care Management
and its third- party service providers ("Service Providers") and are protected
by the United States and foreign intellectual property laws. Unauthorized use of
the Material may violate copyright, trademark, and other laws.
One Call Care Management authorizes you to view and download a single copy of the
Material on the Web Site solely for your own use, provided you retain all copyright
and other proprietary notices contained in the original Material on any copy you
make of the Material. You may not sell or modify the Material or reproduce, display,
publicly perform, distribute, or otherwise use the Material in any way for any public
or commercial purpose. The Material may not be used on any other web site or in
a networked computer environment for any purpose.
You may not copy or adapt the HTML or other codes that One Call Care Management
uses to generate its pages. This code is also protected by One Call Care Management's
copyright and other intellectual property rights.
3. Site Use
General Use: You may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable law or
regulation, (b) in a manner that will infringe the copyright, trademark, trade secret
or other intellectual property rights of others or violate the privacy, publicity
or other personal rights of others, or (c) that is defamatory, obscene, threatening,
abusive, hateful, or otherwise objectionable, in our sole discretion.
Security Rules: You may not violate or attempt to violate the security
of the Web Site or use the Site to violate the security of other website by any
method, including, without limitation: (a) accessing data not intended for you or
logging into a server or account which you are not authorized to access, (b) attempting
to probe, scan or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization, (c) attempting to interfere
with service to any user of the Web Site, host or network, including, without limitation,
via means of submitting a virus to the Web Site, overloading, "flooding,"
"spamming," "mailbombing," or "crashing" the Site,
(d) sending unsolicited e-mail, including promotions and/or advertising of products
or services, or (e) forging any One Call Care Management packet header or any part
of the header information in any e -mail or newsgroup posting. Violations of system
or network security may result in civil or criminal liability. One Call Care Management
may investigate violations of the Terms and may involve and cooperate with law enforcement
authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses: Without limitation, One Call Care Management
specifically prohibits any use of the Web Site, and you may not use the Web Site,
for any of the following:
o distributing or otherwise publishing, without our prior approval, any material
containing any solicitation of funds, promotion, advertising, or solicitation for
goods or services;
o soliciting other users of the site to join or become members of any online or
other service; or
o deleting or revising any material posted by any other person or entity.
Option to Remove: Any chat or bulletin board communications are public
and not private. Although we reserve the right to remove, without notice, any bulletin
board posting for any reason, we have no obligation to delete content you may find
objectionable or offensive.
The following are trademarks or service marks of One Call Care Management:
One Call Care Management
The One Call Care Management Logo
This list is not a comprehensive list of all One Call Care Management's trademarks.
The absence of a trademark, product or service name or logo from this list does
not constitute a waiver of our trademark or other intellectual property rights concerning
that name or logo.
All other products, services, and company names mentioned in the Web Site may be
trademarks or service marks of their respective owners.
5. Linking to the Web Site
If you would like to link to the Web Site, you must comply with the following. A
website that links to the Web Site:
o may link only to the home page of the Web Site (www.onecallmedical.com)
should not frame or create a browser or border environment around the Web Site;
o should not imply that One Call Care Management is endorsing your website or your
products or services;
should not misrepresent your relationship with One Call Care Management;
o should not present false information about products or services on the Site;
o should not use our trademarks or logos without prior permission from us; and
o should not contain content that we might consider distasteful or offensive.
use of information collected from users of the Web Site.
Web Site, including message boards, contests and chat rooms, you grant us and our
affiliates the royaltyfree, worldwide, perpetual, irrevocable, non-exclusive right
and license (including a waiver of any moral rights) to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, communicate
to the public, perform and display the content (in whole or in part) and/or to incorporate
it in other works in any form, media, or technology now known or later developed,
for the full term of any rights that may exist in such content. You also warrant
that the holder of any rights, including moral rights has validly and irrevocably
granted you the right to grant the license to us stated above. You also permit any
user of the Web Site to access, store, use, display, and copy such content for personal
8. One Call Care Management's Liability
The Material may contain inaccuracies or typographical errors. We make no representations
about the accuracy, reliability, completeness, or timeliness of the Web Site or
the Material. The use of the Site and the Material is at your own risk. We reserve
the right, at our discretion, to modify, add, or remove portions of the Site at
anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content,
and accuracy of any material you place on the Web Site.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE
WEB SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED,
(C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY
METHODS EMPLOYED WILL BE SUFFICIENT, AND (E) REGARDING CORRECTNESS, ACCURACY, OR
TO THE FULLEST EXTENT PERMITTED BY LAW, ONE CALL CARE MANAGEMENT DISCLAIMS ANY WARRANTIES
FOR SERVICES OR GOODS PROVIDED OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH
ANY LINKS PROVIDED ON THE WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED
ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,
the foregoing disclaimers may not apply to you insofar as they relate to implied
9. Limitation of Liability and Remedies
THE MAXIMUM AGGREGATE LIABILITY OF ONE CALL CARE MANAGEMENT UNDER ANY CONTRACTUAL,
NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO THE
GREATER OF (I) $1,000 OR (II) A REFUND OF PAYMENTS WE RECEIVED FROM YOU DURING THE
THIRTY-DAY PERIOD BEFORE THE DATE THE LIABILITY AROSE.
NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR ANY
OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS OR ANY HYPERLINKED WEB SITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY
LINKS PROVIDED ON THE WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED
ON THE WEB SITE.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions,
the foregoing limitation may not apply to you.
10. Links to Other Sites
The Web Site may contain links to third party websites. These links are provided
solely as a convenience to you and not as an endorsement by us of the contents on
such third-party websites. We are not responsible for the content of linked third
-party sites and do not make any representations regarding the content, suitability,
or accuracy of materials on such third-party sites. If you decide to access linked
third-party sites, you do so at you your own risk.
One Call Care Management cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to or from One
Call Care Management because these sites are owned and operated by independent retailers.
We do not endorse any of the goods or services, nor have we taken any steps to confirm
the accuracy or reliability of any of the information contained in such third-party
sites. One Call Care Management does not make any representations or warranties
as to the security of any information (including, without limitation, credit card,
and other personal information) you might be requested to give any third party,
and you hereby irrevocably waive any claim against us with respect to such sites
and activity. We strongly encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or off-line transaction
with any of these third parties.
One Call Care Management reserves the right, at its sole discretion and without
liability to you, to immediately terminate your ability to access the Web Site and/or
any other service we may provide to you, with or without cause. Without limiting
the foregoing, we may terminate your access if we learn you have provided false
or misleading information, interfered with other users or the administration of
our services, or otherwise not complied with any of the Terms.
You shall indemnify and hold harmless One Call Care Management, Service Providers,
and their respective officers, directors, employees and agents, from and against
any claims or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material or your breach of the
Terms, including (without limitation) any claim of infringement.
One Call Care Management makes no claims that the Material may be lawfully viewed
or downloaded outside of the United States. Access to the Materials may not be legal
by certain persons or in certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. The Terms are governed by the internal substantive
laws of the State of New Jersey, without respect to its conflict of law principles.
Jurisdiction of any claims arising under the Terms will lie exclusively with the
state or federal courts within the State of New Jersey, and you consent to the exclusive
personal jurisdiction of such courts if there is a dispute between you and us. You
may not institute any action in any form arising out of the use of the Web Site,
the Materials or the Terms more than eighteen (18) months after the cause of action
has arisen. If any of the Terms is found to be invalid by any court having competent
jurisdiction, that invalidity will not effect the validity of the remaining Terms,
which will remain in full force and effect. No waiver of any Term will be deemed
a further or continuing waiver of such provision or any other provision. Except
as expressly provided in the One Call Care Management Membership Agreement, or in
another statement by One Call Care Management on the Web Site, the Terms constitute
the entire agreement between you and us with respect to the use of the Web Site.
No changes to the Terms may be made except by a revised posting by us on this page,
and no waiver of any Term will be effective unless it is in writing and signed by
14. THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the One Call Care Management Site, such as text, graphics, images,
information obtained from licensors, and other material contained on the One Call
Care Management Site ("Content") are provided in summary form, are general
in nature, and are for informational purposes only. The Content is 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.