Terms of use

Acceptance of the Terms of Use

These Terms of Use are an agreement between you and carGO Health, Inc. (“carGO Health,” “Company,” “we,” “us,” or “our“). This agreement, along with any documents explicitly incorporated herein by reference (collectively known as the “Terms of Use“), governs your access to and use of our Platform (“Platform”), which includes our primary website located at https://www.cargo.health, all associated subdomains and sublinks (“Website“), our dedicated client portal located at https://portal.cargo.health (“Client Portal“), our mobile application (“Application“), and any other services we offer (collectively referred to as the “Services“).

Please read these Terms of Use carefully before using our Services. By accessing or using the Services, or by clicking “accept” or “agree” where this option is presented to you, you agree to be bound by these Terms of Use, our Privacy Policy, and any other agreements that are incorporated by reference (collectively referred to as “Other Agreements”). If you do not agree with these Terms of Use and the Privacy Policy, you must not access or use the Services.

To be eligible to use our Services, you must be at least eighteen (18) years of age. By using the Services, you represent and warrant that you meet this age requirement and any other eligibility criteria listed herein. If you do not meet all of these requirements, you are not authorized to use the Services.

Changes to These Terms of Use

We may revise and update these Terms of Use at our sole discretion. All changes become effective immediately upon posting and apply to all subsequent access and use of the Services.

Your continued use of the Services after any changes signifies your acceptance of the revised Terms of Use. You are responsible for periodically reviewing this page to stay informed of any changes, as they are legally binding on you.

Accessing the Services and Account Security

We reserve the right to modify, suspend, or discontinue the Services, or any portion thereof, without notice. We shall not be liable for any unavailability of the Services at any time or for any period. We may also limit access to certain features or parts of the Services to specific users.

To access the Services or certain resources they offer, you may need to provide specific registration details or other information. By using the Services, you agree to provide accurate, current, and complete information about yourself as prompted. Our handling of any provided information is governed by our Privacy Policy, which can be found at Privacy Policy. You consent to all actions we take concerning your information in line with our Privacy Policy.

If you are given or create a username, password, or other security information as part of our security measures, you must treat such information as confidential. You are responsible for maintaining the confidentiality of your account details and must not share access to the Services with anyone else using your username or password. You must notify us immediately if you suspect unauthorized use of your account or any security breach. We advise you to log out of your account at the end of each session, especially when using a public or shared computer.

We reserve the right to disable any username, password, or other identifiers, at our sole discretion, at any time for any or no reason, including if, in our opinion, you have violated any provisions of these Terms of Use.

Intellectual Property Rights

The Services, including all content, features, and functionalities (such as information, software, text, displays, images, videos, audio, and the design, selection, and arrangement thereof), are the property of the Company, its licensors, or other material providers. These elements are protected by United States and international laws on copyrights, trademarks, patents, trade secrets, and other intellectual property or proprietary rights.

You are prohibited from reproducing, distributing, modifying, creating derivative works, displaying, performing, republishing, downloading, storing, or transmitting any materials on our Services, with the following exceptions:

Your computer may temporarily store copies of materials in RAM for the purpose of accessing and viewing them.
Your web browser may automatically cache files for the purpose of enhancing display.

You may not:

Alter copies of any materials from the Services.
Separate illustrations, photographs, videos, or audio sequences from accompanying text.
Remove or modify any copyright, trademark, or other proprietary notices from the materials.

Violation of these terms will result in the immediate termination of your right to use the Services, and you may be required to return or destroy any copies of materials you have made. You do not acquire any ownership rights by using the Services, and all rights not expressly granted to you are reserved by the Company. Unauthorized use of the Services is a breach of these Terms of Use and may also violate copyright, trademark, and other laws.

Trademarks

The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use these marks without the prior written consent of the Company. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this Terms of Use. You agree not to use the Services for the following:

General Prohibitions

Violation of Laws: In any way that violates any applicable federal, state, local, or international law or regulation, including any data export laws.
Harm to Minors: For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
Unsolicited Material: To send, transmit, or procure the sending of any advertising or promotional material without our prior written consent.
Impersonation: To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, competitors or potential competitors attempting to gain unauthorized access to the Services, client login details, or our platform.
Misuse of Service: To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Medical and Regulatory Compliance

HIPAA Violations: In any way that violates the Health Insurance Portability and Accountability Act (HIPAA) regulations, or any other laws governing the privacy, security, and confidentiality of medical information.

Ethical Standards and Patient Safety

Patient Confidentiality: To compromise the confidentiality of patient information by unauthorized viewing, sharing, or transmission of such information.
Tampering with Medical Deliveries: To tamper with, or otherwise engage in fraudulent activity related to, medical samples, documents, or other items being couriered.

Technical Abuses

Service Interference: Use the Services in any manner that could disable, overburden, damage, or impair or interfere with any other party’s use of the Services.
Automated Access: Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying material.
Unauthorized Access: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Malicious Software: Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

By violating any of the Prohibited Uses, you may be subject to legal action and the termination of your account, at the sole discretion of the Company.

Monitoring and Enforcement; Termination

We have the right to:

Disclose your identity or other information about you to any third party who claims that you violated their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement or healthcare regulatory bodies, for any illegal or unauthorized use of the Services, especially pertaining to the mishandling or unauthorized disclosure of healthcare information.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use or failure to comply with relevant healthcare regulations, such as HIPAA in the United States.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement or regulatory authorities, including healthcare compliance agencies, or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information

We do not warrant the accuracy, completeness, or usefulness of the information posted on the Services, including any healthcare or patient-related information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including any healthcare or patient data.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date, including any healthcare or patient-related information. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. The Privacy Policy complies with healthcare regulations such as HIPAA in the United States. By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions, services, or features of the Services, including but not limited to healthcare data and patient confidentiality requirements. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

These Terms of Use are supplemental to, and do not replace, any other agreements you have with the Company. In the event of a conflict between these Terms of Use and any other written agreement you have with the Company, including but not limited to healthcare data and patient confidentiality agreements, the terms of the other agreement shall prevail.

Disclaimer of Warranties and Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, INCLUDING FITNESS FOR THE TRANSPORT AND HANDLING OF MEDICAL DATA AND MATERIALS.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your misuse of medical data and materials, including, but not limited to, any use that violates healthcare laws like HIPAA.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. This agreement also complies with relevant federal and state healthcare laws. Any disputes arising under these Terms of Use or out of your use of the Services may also be subject to federal and state healthcare laws.

Entire Agreement

These Terms of Use, along with our Privacy Policy and any other agreements you may have with the Company relating to healthcare laws and data protection, constitute the entire agreement between you and carGO Health, Inc. regarding the Services.

Your Comments and Concerns

All notices of copyright infringement, as well as other feedback, comments, requests for technical support, and healthcare-related concerns, should be directed to: [email protected].