PLEASE READ THESE TERMS OF USE (“TERMS OF USE”) CAREFULLY IN THEIR ENTIRETY BEFORE USING OUR WEBSITE. BY ACCESSING OR USING THE WEBSITE (OR BY CLICKING “ACCEPT” IF ASKED) YOU ACCEPT AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH, YOU MUST NOT USE OR ACCESS THIS WEBSITE.
DO NOT ACCESS THIS SITE FOR EMERGENCY OR CRISIS CARE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
CCS Intervention Operations, LLC (“CCS”) welcomes you. These Terms of Use govern your use of our website (“Site”) including the ComplexCare Solutions websites owned and operated by CCS or authorized by CCS. References to “you” and “your” refer to any individual or an entity. References to “we”, “us” and “our” refer to CCS.
1. Ownership & website content
All items comprising this Site (other than user content and items in the public domain) are wholly owned by (or licensed to) CCS and/or its content providers, with all rights reserved. All trade, service, and other marks of CCS, including the CCS logo, are copyright materials of CCS. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, software, photographs, images, logos, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by CCS. Neither these terms nor your use of the Site transfers any right, title or interest in the Site, or the content to you, and CCS and its third-party licensors retain all of its and their respective rights, title and interest to the Site and content.
Except as provided in these terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from CCS’s Sites, in whole or in part, without the express written permission of CCS.
Certain product, service, or company designations for companies other than CCS may be mentioned on a Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on a Site are the trademarks, registered or unregistered, of their respective owners.
Except as explicitly set forth herein, nothing contained in these terms will be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
2. Available services and eligibility for use
The services available through this Site may include: a) description of the in-home and virtual health assessment services that we provide; b) general information about health, wellness and certain medical tests; c) administrative and technical support for ordering designated lab tests; and d) technology support for using our Site to access lab test results. All health and wellness information or related resources available on this Site are for informational purposes only and are not a substitute for direct health care provided by your healthcare providers.
CCS IS NOT A PROVIDER OF HEALTHCARE SERVICES. CCS ARRANGES FOR THE PROVISION OF HEALTHCARE SERVICES BY LICENSED HEALTHCARE PROFESSIONALS. NOTHING ON THIS WEBSITE CONSITITUTES MEDICAL ADVICE OR THE DELIVERY OF HEALTHCARE SERVICES.
This Site is available for your non-commercial personal use. This Site may not be sold, published, reproduced, broadcasted, or redistributed in any medium for any non-commercial or commercial purpose, or used for advertising for any purpose. Except as indicated to the contrary elsewhere on a CCS Site, you may view, copy, retransmit and print the Content available on an CCS Site subject to the following conditions:
a) the Content is used solely for personal, informational, or internal business purposes;
b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
c) all copyright, trademark and other proprietary rights notices included in the Content as presented on this site appear on all copies;
d) the Content is not modified or altered in any way;
e) no graphics are used separately from accompanying text;
f) the Content is not intentionally used to inform decisions regarding employment, contracting, or referral eligibility of providers within a participating organization; and
g) the Content is not considered an endorsement or criticism of a health care provider’s overall performance.
You may also link or hyperlink to the home page of our Site from any Acceptable Site (as defined below), but only if:
a) you do not frame the Sites or any portion of the Sites;
b) you do not deep link into the Sites (i.e., you do not link into any page other than the CCS home page);
c) the hyperlinks to the Sites are not used in a way that suggests that CCS endorses you or your website;
d) the link to the Site is not used or presented in any way that disparages CCS or tarnishes, blurs or dilutes the quality of CCS’s names or trademarks or any associated goodwill; and
e) the link to the Site is not displayed on any web page that displays objectionable content or links, including but not limited to, any content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech or an infringement of any third party’s intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law.
The Site is available worldwide to anyone with Internet access. However, our Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on our Site does not imply that such product or service is or will be available in your location. The content of CCS’s Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Therefore, all services presented on this Site may not be available in all states and other geographic regions, based on applicable laws and regulations.
3. User responsibility
In using CCS Sites, you agree that you will not:
a) delete, modify, hack or attempt to change or alter any of the Content on the Sites;
b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Sites, servers or networks connected to the Sites, or take any other action that interferes with other parties’ use of the Sites;
c) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Sites for purposes other than for a generally available search engine;
d) use any CCS names or marks without our prior written consent, including as metatags, search engine keywords, or hidden text;
e) use any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
f) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
By accessing this Site and sharing your personal information, you represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur through the use of this Site. You understand that you are financially responsible for all uses of the Site by you and those using your login information. Therefore, we recommend that you do not share your login information with other parties.
When you create an account with CCS, you must provide CCS information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account to access a Site.
You are solely responsible for properly canceling your account. Your account may be revoked at any time and for any reason by CCS or the CCS Client that authorized your account, as applicable.
4. Site access
CCS hereby grants you the limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Site solely for permissible business operations.
You will be responsible for maintaining the security of your equipment and account access password, and you will use reasonable efforts to prevent any unauthorized use of the Site and immediately contact CCS regarding any unauthorized use that comes to your attention. If there is unauthorized use by anyone who obtained access to a Site directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorized use. You will be responsible and liable for all activity conducted through your account. You will cooperate and assist with any actions taken by CCS to prevent or terminate unauthorized use of our Site.
CCS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. CCS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You will not, and will not permit or authorize third parties to: (a) rent, lease or otherwise permit third parties to access a Site; (b) access the Site to provide services to third parties (e.g., as a service bureau); (c) breach, circumvent, tamper with or disable any security or other technological features or measures of a Site; (d) attempt to probe, scan or test the vulnerability of any systems related to a Site, including penetration or load tests; or (e) attempt to discover the underlying structure, technology or algorithms of a Site. You agree to use the Site in compliance with all other applicable laws.
You will not have any rights to the Site except as expressly granted in these Terms of Use. CCS reserves to itself all rights to its Site not expressly granted to you in accordance with these Terms of Use.
If you provide any feedback to CCS concerning the functionality and performance of the Site (including identifying potential errors and improvements), you hereby assign to CCS all right, title, and interest in and to the feedback, and CCS is free to use the feedback without payment or restriction.
CCS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Site for any reason at any time, including your active or passive attempts at disrupting the Site or disrupting the use of the Site by others. Such termination of access to this Site will result in the suspension or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Information in your account. CCS reserves the right to refuse service to anyone for any reason at any time.
The Sites are controlled by CCS from its offices in the United States. CCS makes no representations that the Sites are appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the U.S.
The terms and conditions in this Site Access section will survive any termination or expiration of your accounts.
5. Privacy
You are responsible for reading the CCS Privacy Policy that is available through this Site. You consent to the use of your personal information by CCS and/or its business partners in accordance with the terms of and for the purposes set forth in the CCS Privacy Policy.
We have implemented commercially reasonable technical and organizational measures designed to secure your Information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your Information for improper purposes. You acknowledge that you provide your Information at your own risk.
6. Limitation of liability and exclusion of warranties
Your use of this Site is at your own risk, with you assuming full responsibility for the potential risk of loss of information resulting from the downloading of files or other materials and/or the use of files or other materials obtained through this Site. In no event will CCS, its content providers, and related parties be liable for any direct, indirect, incidental, special, punitive, increased or consequential damages, loss of data, goodwill, or use, incurred by you or a related party, whether in an action in contract or tort (including negligence and strict liability), arising from your access to or inability to access, or use of, the Site, or any services provided in connection with the consequential, or incidental damages arising out of your use of the Site. You hereby waive any claims with respect thereto, even if CCS has been advised of the possibility of such damages. CCS and its content providers and related parties will not be liable for the offensive, illegal, or defamatory conduct of other users of its Site or the Internet. Because some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, not all of the above limitations may apply to you.
7. Indemnity
You agree to indemnify, defend and hold CCS, its affiliates, stockholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to the Site, your use of the Content, your violation of these terms or your violation of any rights of another.
8. Website links referenced on site
The Site may contain links to websites operated by parties other than CCS. CCS does not control the content of such websites and is therefore not responsible for the accuracy of the content contained in these referenced websites. The listing of links to other websites does not constitute CCS’s endorsement of the material on the websites. Such links are provided for your reference only. If you have any concerns about the information contained in the websites referenced, your concerns and questions should be directed to the particular service or resource.
9. Modification of terms
CCS may change these terms from time to time. Please review these terms periodically for any updates or changes. Your continued use of our Site following the posting of any updates or changes to these terms constitutes your acceptance of such changes. If you object to any provision of these terms or any subsequent modifications to these terms, your only recourse is to immediately terminate use of the Site.
10. Governing law
This Terms of Use and its performance are governed by the laws of the state of Maryland, United States of America, without regard to its conflict of law provisions.
11. Governing law and limitation on actions brought against CCS
You agree that any claim or cause of action arising out of your use of this site or these terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by CCS to enforce or exercise any provision of these terms or related right shall not constitute a waiver of that right or provision.
12. Additional terms
You agree to abide by additional terms and conditions that may apply to the services offered through this Site and other uses and portions of the Site.
13. Dispute resolution
You agree that any dispute arising out of or relating in any way to your use of the Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, CCS may seek injunctive or other appropriate relief. The arbitration shall be conducted before a neutral arbitrator in Annapolis, Maryland, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party will bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these terms, the arbitrator will be authorized to award either party any provisional or equitable remedy permitted by applicable law.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrator may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Maryland or to any Federal Court located within the State of Maryland for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrator, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this provision be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Annapolis, Maryland, U.S.A.
14. Modification of terms
CCS may modify these terms and conditions at any time. Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
15. Severability
These Terms of Use are deemed severable. In the event that any provision of these terms is found invalid or unenforceable, it will be enforced to the extent permissible and the remainder of these terms will remain in full force and effect. CCS’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These terms will be governed by and construed in accordance with the laws of the State of Maryland without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.
16. General
These terms and the Privacy Policy in general as posted from time to time by CCS on the complexcaresolutions.com site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
17. Acknowledgement
You acknowledge that you have read and understood these terms; and that the terms have the same force and effect as a signed agreement.
18. Contact information
If you have any questions about these terms, the practices of CCS, or your dealings with this site, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address. Our Address:
ComplexCare Solutions
535 Marriott Drive
Suite 230
Nashville, TN 37214
(615) 431-3405
compliance@complexcaresolutions.com
Updated 08/08/2023