Privacy Policy

This privacy policy (“Privacy Policy”) is effective as of February 2009 for the Web site available at www.commcare.com (the “Site”). This statement discloses the privacy practices for CommCare® Corporation (CommCare®) and its affiliates. Your use of this Site signifies your understanding and acceptance of the terms of this Privacy Policy.

CommCare® recognizes the importance of privacy to visitors on our Web site and will work to protect the security and privacy of any personal information that you provide to us.

If you have any concerns regarding this Privacy Policy, or would like to exclude your personal information from our direct marketing purposes, you should contact Dawn Harvey by email at dpsarellis@commcaremgt.com

Changes to this Privacy Policy: We may amend this policy from time to time. If we make substantial changes in the way we use your personal information, we will make that information available to you by posting a notice on this Web site. Your continued use shall be deemed acknowledgement and acceptance of any changes and amendments to this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, please do not use our Site. This Privacy Policy is not intended to create legal or contractual rights on behalf of any party.

Types of Information We Collect

Our Site has certain areas where you may submit information to use. References to “personal and account information” contained in this Privacy Policy means any information that may be used to identify an individual, including, but not limited to, your name, company name, account number, address, telephone number, email address, and any other information that personally identifies you or would permit us to contact you. Our Site does not target and is not intended to attract children under the age of 13. We do not knowingly solicit personal information from children under the age of 13 or send them requests for personal information. No information should be submitted to CommCare®, or posted on this Site by a child under the age of 13 without a parent’s or guardian’s consent.

Information You Voluntarily Provide

When you visit our Site, you may be requested to provide us with personal information. You are always free to contact us with a question or problem related to your use of the Site. Our standard business practice is to retain any communications from our Site visitors to help us serve you better. Links: We sometimes provide links to external sites as a matter of convenience, but we cannot be responsible for any other Web site, or their respective privacy policy or how they treat information about their users. We strongly advise you to review their privacy policies to find out how they are treating your personal information.

When and with Whom We May Share Your Information

Legally affiliated entities: In the event that CommCare® is merged or in the event of a transfer of our assets, Site or operations, CommCare® may disclose or transfer your personal information in connection with such transaction.

Legally compelled disclosure: We will also disclose your personal information when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing your personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (whether intentionally or unintentionally) our rights or property. Bankruptcy: You should also be aware that courts of equity, such as U.S. Bankruptcy Courts, may have the authority under certain circumstances to permit your personal information to be shared or transferred to third parties without your permission.

Consent to processing: By providing any personal information to us, you fully understand and unambiguously consent to the transfer of such personal information to, and the collection and processing of such personal information in, the United States and other countries or territories. Your personal information will be stored and processed on our computers in the United States. The laws on holding personal information in the United States may vary and be less stringent than laws of your state or country. We will use commercially reasonable efforts to hold and transmit your personal information in a safe, confidential and secure environment. If you object to your personal information being transferred or used in this manner please do not register with or use the Site.

Modification of your choices and preferences:

Opt-out right: If you would like to opt out of any of our marketing programs, or wish to withdraw your consent to us contacting you via your e-mail, fax or phone number, or if your personal details change, please contact us through one of the following: (i) by telephone, at (504) 324-8950; (ii) by facsimile, at (504) 324-8965; (iii) by email, by following the Opt-Out instruction contained in the body of any marketing e-mail from us; or (iv) by mail, care of Dawn Harvey, CommCare Corporation, 2755 Pan American Life Center, 601 Poydras Street, New Orleans, LA 70130

Your election not to receive promotional and marketing correspondence from us will not: (a) preclude us from corresponding with you, by email or otherwise, regarding your existing or past relationship with us, and (b) preclude us, including our employees, contractors, agents and other representatives, from accessing and viewing your personal information in the course of maintaining and improving the Site.

Your Acceptance of this Privacy Policy: By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this Privacy Policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time so visitors are encouraged to review this Privacy Policy from time to time. Your continued use of our Site following the posting of changes to these terms means you accept these changes.

Terms of Use

Terms & Conditions

General

This End-User Agreement (“EUA”) is a legal agreement between you and CommCare® Corporation (CommCare) for the contents and information appearing on this Web site and all Web sites operated by CommCare® that you access or use. Your use of this Web site constitutes acceptance of the terms and conditions contained within this EUA.

This EUA governs your use of this Web site and all Web sites operated by CommCare® (the “Web site”). Additional terms and conditions of use applicable to specific areas of the Web site may also be posted in such areas and, together with this EUA, govern your use of those areas. This EUA, together with any such additional terms and conditions, are referred to as this “Agreement.”

CommCare® reserves the rights, in its sole discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon publication of revised terms to the Web site and your subsequence access or use of the Web site. Your continued use of the Web site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by CommCare as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable, you agree to immediately cease all use of the Web site.

Intellectual Property and Use of Content

CommCare® expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on this Web site. Nothing contained in this Agreement shall confer upon a user any right, title, or interest in, or license to any software, written materials, or intellectual property owned by CommCare®.

You acknowledge that the Web site contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other intellectual and proprietary rights, titles and interests of CommCare® or third parties. You agree to comply with any guidelines or restrictions contained in any Content available on or accessed through the Web site.

While the Web site is designed and intended to provide accurate and authoritative information regarding the subject matters covered, the information is provided to you based on your agreement and understanding that CommCare® is not engaged in providing legal, accounting, or other professional services to you. Assistance of legal counsel or other appropriate experts should be sought when applying the law, rules, or regulations to a particular set of facts or circumstances.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement or as expressly authorized in a specific area of the Web site. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software. Subject to the restrictions set forth in this Agreement, you may post on the Website any Content owned by you (such as your original statements), Content for which you have received express permission from the owner to post, and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain or is permitted to be posted by the owner of the Content.

Rules of Conduct

You agree not to post on the Web site any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes on any copyright, trademark, patent or violates any right of privacy or publicity, or (d) otherwise violates any applicable law (including, without limitation, the laws and regulations governing export control, unfair competition, antidiscrimination, or false advertising). You agree not to post on the Web site any links to any external Internet sites that are obscene, pornographic, or otherwise inappropriate in the sole discretion of CommCare®. You agree not to use the Web site to solicit users to join competitive services.

You agree to ensure the confidentiality and appropriately authorized use of all passwords assigned to you for use in accessing the Web site. You agree to be responsible for any use or misuses of your username and/or password and to promptly notify CommCare® of any breach of password security or the use of possession of your username and/or password by unauthorized individuals.

Managing Content

CommCare® does not and cannot review the Content posted by users on the Web site and is not responsible for such Content and you agree that CommCare® will have no liability to you with respect to any Content posted on the Web site. However, CommCare® reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates this Agreement or is otherwise inappropriate for posting. You agree to remain solely responsible for all Content posted by you. CommCare® shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion, and may edit the Content posted to the Web site in its sole discretion.

No Endorsement

References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply CommCare’s® endorsement, sponsorship or recommendation of the third party, information, product or service. CommCare® is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party Web sites, you do so entirely at your own risk. You acknowledge that CommCare® is not responsible for the availability of, or the content located on or through, any third party site. You should contact the site administrator or Webmaster for those third party sites if you have any concerns regarding such links or the content located on such third party sites.

Indemnity

You agree to indemnify, defend and hold CommCare® and its respective officers, directors, owners, agents, information providers, licensors and vendors (collectively, the “CommCare® Parties”) harmless from and against any and all demands, claims, liability, losses, costs, and expenses (including attorney’s fees) incurred by any CommCare® Party in connection with any use or alleged use of the Web site under your password by any person, whether or not authorized by you, including the posting of Content to the Web site. CommCare® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the CommCare’s® defense of such claim.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

NEITHER COMMCARE® CORPORATION NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, OR ERROR FREE; NOR DOES COMMCARE® CORPORATION, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEBSITE OR THE CONTENT. THE WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER COMMCARE® CORPORATION NOR ANY OF ITS THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, WITH RESPECT TO THE WEB SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WEB SITE. NEITHER COMMCARE® CORPORATION NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COMMCARE® CORPORATION OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMMCARE® CORPORATION, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CERTAIN LINKS AVAILABLE ON THE WEB SITE WILL LET YOU LEAVE COMMCARE® CORPORATION’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMMCARE® AND COMMCARE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COMMCARE® CORPORATION IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COMMCARE® CORPORATION OF THE SITE.