Terms & Conditions

AGREEMENT OF TERMS AND CONDITIONS OF USE

  • Welcome, and thank you for visiting MCCare.com (the "Site"). The Site is owned and operated by Medical Care Corporation, a California corporation ("Medical Care"). The use of the Site by you is permissible only on the condition that you agree to all of the terms and conditions set forth below. THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY.

    IF YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE BOX ON THE BOTTOM OF THIS PAGE LABELED "I ACCEPT." IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT PROCEED FURTHER AND YOU SHOULD EXIT THE SITE.

    Medical Care reserves the right to revise, update, modify or otherwise change this Agreement of Terms and Conditions of Use. Any such change will be effective immediately upon the earlier of the posting of such change to the Site or notification to you of the change. You should review the Agreement of Terms and Conditions of Use each time you visit the Site to ensure you are aware of any changes. You agree by your use of the Site to be bound by the Agreement of Terms and Conditions of Use that is in effect each time you visit the Site.

    PURPOSE OF THE SITE

    The purpose of the Site is to provide general information to, and to educate, users of the Site regarding Alzheimer's disease, dementia, depression and other similar or related conditions. NOTHING CONTAINED IN THE SITE, AND NO INFORMATION PROVIDED THROUGH THE SITE, IS INTENDED TO BE, OR SHOULD BE CONSTRUED AS, MEDICAL ADVICE, MEDICAL DIAGNOSIS OR ADVICE AS TO TREATMENT OF ANY MEDICAL OR NEUROLOGICAL CONDITION. You should not use any information provided through the Site for self-diagnosing any medical condition or treating any health problem. WITHOUT LIMITING THE FOREGOING, ANY RESULTS OBTAINED FROM TESTS YOU MAY TAKE WHILE USING THE SITE SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE OR AS A DIAGNOSIS THAT YOU MAY OR MAY NOT HAVE OR POTENTIALLY HAVE A NEUROLOGICAL OR PSYCHOLOGICAL DISEASE OR DISORDER. You should promptly consult with your physician or other health care provider should you have any questions or concerns regarding the results from any test you may take while using the Site as well as any other questions or concerns you may have regarding any present or potential medical condition. Only your physician or other health care provider can provide you with advice or diagnosis regarding your health and medical condition.

    Your access to or use of the Site does not create in any way a physician-patient relationship, any sort of confidential relationship, or any other relationship that would give rise to duties to you on the part of Medical Care or its employees or agents.

    AUTHORIZED USE OF SITE

    Medical Care authorizes you to view and use the Site subject to the terms of this Agreement of Terms and Conditions of Use. You may download a single copy of the materials on the Site solely for your personal, non-commercial use, provided that any copies of the materials on the Site that you make shall include all copyright and other proprietary rights notices and any disclaimers contained thereon and on this Site. Printing or electronically reproducing any materials on the Site for any other purpose is expressly prohibited, unless prior written consent to such use is obtained from Medical Care. You can contact us at Medical Care Corporation, 3900 West Coast Highway, Suite 310, Newport Beach, California 92663, Attention: Customer Service.

    Medical Care reserves the right to terminate your access to and use of the Site at any time, and for any reason, with or without notice to you, and without liability to you, in the Company's sole and absolute discretion. Medical Care also reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or any or all of the content on the Site, with or without notice.

    PASSWORDS

    If you choose to open up an account to use and access the Site, you will be required to complete a registration process that includes completing a registration form. Please make sure that your answers on the registration form are complete and accurate. Medical Care has several tools that allow you to record and store personal information on servers maintained by or on behalf of Medical Care. As part of the registration process, and to enable you to access your personal information, you will be asked to provide a user name and a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name or password of anyone else at any time. You agree to notify Medical Care immediately of any unauthorized use of your account, user name or password. Medical Care shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge or permission. You grant Medical Care and all other persons involved in the operation of the Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the Site.

    COPYRIGHT AND INTELLECTUAL PROPERTY

    The material on the Site is protected by copyright under both United States and foreign laws. Title to materials remains with Medical Care and its licensors. Any use by you of the materials on the Site not expressly permitted by the terms of this Agreement of Terms and Conditions of Use may violate copyright, trademark and other intellectual property laws and subject you to liability. You agree not to download, display, perform, transmit, or otherwise distribute any information or content on the Site in violation of Medical Care's or any third party's copyright, trademark, or other intellectual or proprietary rights. Nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark of Medical Care or any third party. Except as expressly provided in this Agreement of Terms and Conditions of Use, nothing herein contained shall be construed as conferring any license or right under any copyright of Medical Care or its licensors. All rights not expressly granted to you herein are reserved to Medical Care and its licensors.

    USER SUBMISSIONS

    Should you communicate any questions, comments, suggestions, feedback or the like regarding any of the materials on the Site to Medical Care, such information shall be deemed to be non-confidential and non-proprietary to you, and Medical Care shall have no obligation to you of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute such information to others. You agree that you will not send or transmit to Medical Care (by e-mail or otherwise) any communication or information that infringes or violates any intellectual property, proprietary or other rights of others. If you send or transmit to Medical Care any business information, concept, idea or invention, you automatically grant (or warrant that the owner of such transmitted information or other intellectual property has granted) to Medical Care a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication in any media, or any form, format or forum now known or hereinafter developed. Without limiting the foregoing, Medical Care shall be free, without compensating you, to use any ideas, comments, suggestions, concepts, know-how or techniques contained in such information for any purpose whatsoever, including incorporating such information into Medical Care's products and services, including materials on the Site.

    PRIVACY

    Medical Care respects your privacy. A complete statement of Medical Care's current privacy policy can be found on the Site. Medical Care's privacy policy is expressly incorporated into this Agreement of Terms and Conditions of Use by this reference. Further, in order to satisfy your duties under HIPAA with respect to your Protected Health Information, a "Business Associate Agreement" appears below. The terms and conditions of that Business Associate Agreement are incorporated into this Agreement by reference. By clicking the box on the bottom of this page labeled "I ACCEPT," you agree to be bound by the terms and conditions of that Business Associate Agreement.

    DISCLAIMERS

    Medical Care makes the Site and all content thereon available to users on a strictly "AS IS" and "AS AVAILABLE" basis. Medical Care does not represent, warrant or guarantee the accuracy, timeliness, completeness, usefulness, adequacy or suitability of any information you may obtain from or through the Site. While Medical Care may from time to time update and modify information on the Site, medical information is subject to rapid change, and Medical Care cannot ensure and does not undertake to ensure that information on the Site is up to date or does not omit material information. Medical Care does not promise that the Site will be error free or uninterrupted, nor that any specific results will arise from the use of the Site by you. Medical Care cannot ensure that the files you download from the Site will be free of viruses, worms, Trojan horses or other code that manifest contaminating or other destructive properties. MEDICAL CARE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF EVERY KIND AND NATURE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    LIMITATIONS OF LIABILITY

    All use of the Site by you is at your risk. YOU AGREE THAT NEITHER MEDICAL CARE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO THE SITE WILL HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OF ANY KIND FOR LOSSES OR DAMAGES YOU MAY INCUR ARISING FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER CONTENT THEREON. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL MEDICAL CARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES MENTIONED IN OR PROVIDING GOODS OR SERVICES TO THE SITE S BE LIABLE OR OBLIGATED TO YOU UNDER ANY WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, OR FOR DAMAGES FROM LOST PROFITS, BUSINESS INTERRUPTION OR COMPUTER FAILURE FROM VIRUSES, TROJAN HORSES, WORMS OR SIMILAR DESTRUCTIVE CODE, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY INFORMATION OR OTHER CONTENT THEREON, WHETHER OR NOT MEDICAL CARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF IN ANY JURISDICTION THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART, YOU AGREE THAT IN NO EVENT WILL MEDICAL CARE BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF $1,000 IN TOTAL. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO THE CLAIM OCCURRED. REMEDIES UNDER THIS AGREEMENT OF TERMS AND CONDITIONS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

    INDEMNIFICATION

    You agree to defend, indemnify and hold harmless Medical Care and its officers, directors, employees, agents, licensors, suppliers and affiliates from and against any and all claims, actions, demands, liabilities and settlements, including without limitation reasonable fees and costs of attorneys, resulting from, or alleged to result from, your violation of this Agreement of Terms and Conditions of Use.

    LINKS TO OTHER SITES

    The Site may from time to time contain links to and advertisements for other web sites operated by third parties. Any links and advertisements are provided for your convenience only, and do not imply any endorsement of the material on such web sites or any association with their operators. Medical Care does not control the management of such web sites nor the information displayed thereon. We are therefore not responsible, and accept no liability, for the content or performance of these web sites or for your transactions with them.

    LINKING TO THE SITE

    You agree that you will not place a link to the Site on any other web site without the prior written consent of Medical Care.

    COPYRIGHT INFRINGEMENT CLAIMS

    Medical Care respects the intellectual property of others. If you believe that any information or materials provided on or through the Site infringes any copyright or is the subject of infringing activity, please use the following process to notify us.

    All claims of copyright infringement should be in writing and should be directed to Medical Care's designated copyright agent, whose contact information is as follows:

    Medical Care Corporation Attention: Chief Executive Officer 3900 West Coast Highway, Suite 310, Newport Beach, California 92663 Fax: (949) 478-7387 email: info@mccare.com

    Each claim if copyright infringement must include all of the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed, along with that person's address, telephone number and e-mail address;

    2. An identification of the copyrighted work alleged to be infringed;

    3. An identification of the information or other material that is claimed to be infringing and that is requested to be removed, and information sufficient to permit Medical Care to locate such information within the Site;

    4. Information reasonably sufficient to permit Medical Care to contact the complaining party, such as an address, phone number or e-mail address;

    5. A statement that the complaining party has a good faith belief that the use of the information or other materials on the Site is not authorized by the copyright owner, its agent or the law; and

    6. A statement, under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed.

    CALIFORNIA BASED OPERATIONS

    The Site is controlled and operated by Medical Care from its offices in Irvine, California. Medical Care makes no representation that any of the materials on the Site are appropriate for use outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

    GOVERNING LAW AND VENUE

    This Agreement of Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state or federal courts located in Orange County, State of California in all disputes arising out of or related to your use of the Site. You further agree and expressly consent to the exercise of personal jurisdiction of the state and federal courts located in Orange County, State of California in all disputes arising out of or related to your use of the Site.

    SURVIVAL

    The provisions of this Agreement of Terms and Conditions of Use shall survive the term of your use of the Site.

    SEVERABILITY; WAIVER

    If, for whatever reason, any court of competent jurisdiction finds any term or condition in this Agreement of Terms and Conditions of Use to be invalid or unenforceable, all other terms and conditions herein shall remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement of Terms and Conditions of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

    COMPLETE AGREEMENT

    This Agreement of Terms and Conditions of Use, together with the Privacy Policy that has been incorporated by reference herein, constitute the entire agreement between Medical Care and you with respect to your use of the Site and the information and material thereon.

    HIPAA BUSINESS ASSOCIATE AGREEMENT

    WHEREAS:

    (a) Medical Care Corporation, a California corporation (Medical Care), is or will be providing to you products or services pursuant to the overall agreement (the Agreement) containing this Business Associate Agreement, in the course of which Medical Care may receive from you or create for you Protected Health Information (which shall have the same meaning herein as that term set forth in 45 CFR 160.103, except limited to that information received or created by Medical Care on your behalf, and shall include Electronic Protected Health Information as hereinafter defined).

    (b) You and Medical Care (each a Party and collectively the Parties) desire to meet their obligations to the extent applicable, under the Standards for Privacy of Individually Identifiable Health Information (the Privacy Rule) and the Security Standards for the Protection of Electronic Protected Health Information (the Security Rule) published by the U.S. Department of Health and Human Services (HHS) at 45 CFR parts 160 and 164 under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by Title XIII, Subtitle D of the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) and regulations promulgated thereunder, and as may be applicable to the services rendered or products provided by Medical Care to you under the Gramm-Leach-Bliley Act ("GLB") and implementing regulations.

    (c) This Business Associate Agreement sets forth the terms and conditions pursuant to which Protected Health Information that is created or received by Medical Care on your behalf will be handled.

    THE PARTIES AGREE AS FOLLOWS:

    I. DEFINITIONS

    A. Defined Terms. Unless otherwise specified in this Business Associate Agreement, all capitalized terms not otherwise defined herein shall have the meaning established for purposes of Title 45 parts 160 through 164 of the United States Code of Federal Regulations, as amended from time to time. Notwithstanding the foregoing, Covered Entity shall mean you, and Individual shall mean the person who is the subject of the Protected Health Information and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

    B. Regulatory Citations. Regulatory citations in this Business Associate Agreement are to the United States Code of Federal Regulations Title 45 parts 160 through 164, as interpreted and amended from time to time by HHS, for so long as those regulations are in effect.

    II. PERMITTED OR REQUIRED USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

    A. Services. Medical Care provides products or services to you that involve the use and/or disclosure of Protected Health Information. Except as otherwise specified in this Business Associate Agreement, Medical Care may make any and all uses and disclosures of Protected Health Information received from you or created or received by Medical Care on your behalf necessary to perform its agreement with you to provide these products or services, provided that such use or disclosure of Protected Health Information would not violate the Privacy Rule, including the minimum necessary requirement, if carried out by Covered Entity.

    B. Public Health Activities. Medical Care may use, analyze, and disclose Protected Health Information in its possession for the public health activities and purposes set forth at 45 CFR 164.512(b).

    C. Business Activities of Medical Care. Unless otherwise limited in this Business Associate Agreement, Medical Care may: (i) consistent with 45 CFR 164.504(e)(4), use Protected Health Information in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of Medical Care; (ii) consistent with 45 CFR 164.504(e)(4), disclose Protected Health Information for the proper management and administration of Medical Care and to fulfill any present or future legal responsibilities of Medical Care, provided that such disclosures are Required By Law, or Medical Care obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and be used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies Medical Care of any instances of which it is aware in which the confidentiality of the information has been breached; and (iii) de-identify any and all Protected Health Information in accordance with 45 CFR 164.514(b). You acknowledge and agree that de-identified information is not Protected Health Information and that Medical Care may use de-identified information for any lawful purpose.

    D. Data Aggregation Services. Except as otherwise limited in this Business Associate Agreement, Medical Care may use Protected Health Information to provide data aggregation services to you as permitted by 45 CFR 164.504(e)(2)(i)(B).

    E. Reporting of Violations of Law. Medical Care may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

    III. RESPONSIBILITIES OF THE PARTIES WITH RESPECT TO PROTECTED HEALTH INFORMATION

    A. Responsibilities of Medical Care. Medical Care will:

    1. use and/or disclose Protected Health Information only as permitted or required by this Business Associate Agreement or as otherwise Required By Law;

    2. report to you, in writing, any use and/or disclosure of Protected Health Information of which Medical Care becomes aware that is not permitted or required by this Business Associate Agreement;

    3. report to you any Security Incident of which it becomes aware with respect to electronic Protected Health Information provided by, or created or received by, Medical Care on your behalf (Electronic Protected Health Information);

    4. upon your request, provide information to you regarding attempted, but unsuccessful, unauthorized access, use, disclosure, modification or destruction of Electronic Protected Health Information, to the extent such information is available to Medical Care;

    5. mitigate, to the extent practicable, any harmful effect that is known to Medical Care of a use or disclosure of Protected Health Information by Medical Care not provided for by this Business Associate Agreement;

    6. use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as permitted or required by this Business Associate Agreement;

    7. implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on your behalf;

    8. require all of its subcontractors and agents that receive, use or have access to Protected Health Information to agree to adhere to the same restrictions and conditions on the use and/or disclosure of Protected Health Information that apply to Medical Care;

    9. make available its internal practices, books and records, including policies and procedures and Protected Health Information, relating to the use and/or disclosure of Protected Health Information to the Secretary of HHS for purposes of determining your compliance with the Privacy Rule and/or the Security Rule;

    10. make available its internal practices, books and records, including policies and procedures and Protected Health Information, relating to the use and/or disclosure of Protected Health Information to you for purposes of determining Medical Cares compliance with the Privacy Rule and/or the Security Rule;

    11. document disclosures of Protected Health Information and information related to such disclosures as would be required for you to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528;

    12. within 30 days of receiving a written request from you, make available information necessary for you to make an accounting of disclosures of an Individual's Protected Health Information pursuant to 45 CFR 164.528;

    13. within 15 days of receiving a written request from you, make available Protected Health Information necessary for you to respond to Individuals requests for access to Protected Health Information about them, to the extent that the Protected Health Information in Medical Cares possession constitutes a Designated Record Set, pursuant to 45 CFR 164.524;

    14. within 30 days of receiving a written request from you, incorporate any amendments or corrections to Protected Health Information in a Designated Record Set pursuant to 45 CFR 164.526;

    15. determine the minimum necessary type and amount of Protected Health Information required to perform its services and otherwise comply with 45 CFR 164.502(b) and 164.514(d);

    16. restrict the use or disclosure of Protected Health Information, and document those restrictions, at your request pursuant to 45 CFR 164.522(a), in a prompt and reasonable manner consistent with the HIPAA regulations;

    17. accommodate alternative means or alternative locations to communicate Protected Health Information, and document those alternative means or alternative locations, at your request, pursuant to 45 CFR 164.522(b), in a prompt and reasonable manner consistent with the HIPAA regulations;

    18. ensure that access to Electronic Protected Health Information is limited to those workforce members who require such access because of their role or function;

    19. implement safeguards to prevent its workforce members who are not authorized to have access to Electronic Protected Health Information from obtaining access and to otherwise ensure compliance by its workforce with the Security Rule;

    20. comply with all HIPAA obligations and requirements imposed on business associates by the American Recovery and Reinvestment Act of 2009 (P.L. 111-5, ARRA), and will monitor federal guidance and regulations published thereunder, as well as HIPAA Privacy and Security requirements imposed by future laws and regulations, and timely comply with such guidance, regulations, and requirements when acting for or on behalf of you in its capacity as a business associate; and

    21. timely undertake all activities associated with the duties of ARRA Section 13402 (and related guidance) in the event that Medical Care (or its agent) experiences a Breach (as that term is defined in 45 CFR 164.402) of Protected Health Information requiring notice to affected Individuals and/or any other party, and specifically:

    a. report any Breach in writing to you as promptly as possible, and in any case no more than sixty (60) days, after discovery of the Breach, which report shall include the following information, to the extent possible:

    i. the identification of each Individual whose Unsecured Protected Health Information (as the term unsecured protected health information is defined in 45 CFR 164.402) has been, or is reasonably believed by Medical Care to have been, accessed, acquired, used, or disclosed during the Breach;

    ii. a description of what happened, including the date of the Breach and the discovery of the Breach;

    iii. a description of the types of Unsecured Protected Health Information involved in the Breach (such as whether the full name, social security number, date of birth, home address, account number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved);

    iv. any steps Individuals should take to protect themselves from potential harm resulting from the Breach;

    v. a brief description of what Medical Care is doing or plans to do to investigate the Breach, to mitigate harm to Individuals, and to protect against any further Breaches; and

    vi. contact procedures for Individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, a web site, or a postal address.

    To the extent the information described in subsections (i) through (vi) above is not known or available at the time Medical Care initially reports the Breach to you, Medical Care will provide that information to you promptly if and when such information becomes available.

    B. Your Responsibilities.

    22. With regard to the use and/or disclosure of Protected Health Information by Medical Care, you will:

    b. obtain any consent, authorization or permission that may be required by the Privacy Rule or any other applicable federal, state or local laws and/or regulations prior to furnishing Medical Care with Protected Health Information;

    c. not furnish Medical Care with Protected Health Information that is subject to any applicable use or disclosure restriction imposed on you, including but not limited to, arrangements that you agree to under 45 CFR 164.522, that may impact in any manner the use and/or disclosure of Protected Health Information by Medical Care under this Business Associate Agreement or Medical Cares provision of products or services to you;

    d. notify Medical Care in writing of any changes in, or revocation of, authorization by an Individual to use or disclose Protected Health Information, if such changes affect Medical Cares uses or disclosures of Protected Health Information; and

    e. not request Medical Care to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by a covered entity.

    23. You represent and warrant that your notice of privacy practices complies with 45 CFR 164.520 and your obligations under the Privacy Rule, and that it permits you to use and disclose Protected Health Information in the manner that Medical Care is authorized to use and disclose Protected Health Information under this Business Associate Agreement.

    IV. TERM AND TERMINATION

    A. Term. Each term and condition of this Business Associate Agreement shall become effective on the Effective Date of the Agreement. This Business Associate Agreement shall continue in effect unless terminated as provided in this Section IV, provided that certain provisions and requirements shall survive the expiration or termination of this Business Associate Agreement in accordance with Section V(C) of this Business Associate Agreement.

    B. Termination by You. As provided in 45 CFR 164.504(e)(2)(iii), you may immediately terminate this Business Associate Agreement and Medical Cares provision of products or services to you if you make the determination that Medical Care has breached a material term of this Business Associate Agreement. Alternatively, you may choose to provide Medical Care written notice of the breach in sufficient detail to enable Medical Care to understand the specific nature of the breach and afford Medical Care an opportunity to cure the breach; provided, however, that if Medical Care fails to cure the breach within a reasonable time specified by you, you may terminate this Business Associate Agreement and Medical Cares provision of products or services to you to the extent that Medical Cares provision of products or services to you requires Medical Care to create or receive Protected Health Information.

    C. Termination by Medical Care. Medical Care may immediately terminate this Business Associate Agreement and Medical Cares provision of products or services to you if it makes the determination that you have breached a material term of this Business Associate Agreement. Alternatively, Medical Care may choose to provide you written notice of the breach in sufficient detail to enable you to understand the specific nature of the breach and afford you an opportunity to cure the breach; provided, however, that if you fail to cure the breach within a reasonable time specified by Medical Care, Medical Care may terminate this Business Associate Agreement and its provision of products or services to you to the extent that Medical Cares provision of products or services to you requires Medical Care to create or receive Protected Health Information.

    D. Automatic Termination. This Business Associate Agreement will automatically terminate without any further action of the Parties upon the termination or expiration of the Agreement between you and Medical Care.

    E. Effect of Termination. Upon the termination of this Business Associate Agreement, Medical Care will return or destroy all Protected Health Information, including all Protected Health Information in possession of Medical Care's subcontractors, if it is feasible to do so. If return or destruction of that Protected Health Information is not feasible, Medical Care will extend any and all protections, limitations and restrictions contained in this Business Associate Agreement to Medical Cares use and/or disclosure of any Protected Health Information retained after the termination of this Business Associate Agreement, and will limit any further uses and/or disclosures to the purposes that make the return or destruction of the Protected Health Information not feasible.

    V. MISCELLANEOUS

    A. Amendment. If there is any amendment to any provision of HIPAA, or its implementing regulations set forth at 45 CFR parts 160 through 164, which materially alters either Partys or the Parties obligations under this Business Associate Agreement, Medical Care will, in good faith, revise and implement appropriate amendment(s) to this Business Associate Agreement to give effect to the Parties revised obligations. Any such change or changes required under HIPAA, will be effective as required under HIPAA. Any other change or changes will be effective when incorporated into this Business Associate Agreement as it appears on Medical Cares website.

    B. Construction of Terms. The terms of this Business Associate Agreement shall be construed in light of any interpretation and/or guidance on HIPAA, the Privacy Rule and/or the Security Rule issued by HHS from time to time. Any ambiguity in this Business Associate Agreement shall be resolved in favor of a meaning that permits compliance with the Privacy and Security Rules.

    C. Severability. If any provision of this Business Associate Agreement is held illegal, invalid, prohibited or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated in that jurisdiction to the minimum extent necessary so that this Business Associate Agreement shall otherwise remain in full force and effect and enforceable.

    D. Survival. Sections IV(E) and VI of this Business Associate Agreement, as well as those provisions relating to the construction or interpretation of this Business Associate Agreement and any other provisions that by their terms are intended to survive, shall survive the termination of this Business Associate Agreement.

    E. Effective Date. The Effective Date of this Business Associate Agreement shall be the date on which you accept the Agreement.

    F. Binding Agreement. This Business Associate Agreement shall be binding upon the Parties and their successors and permitted assigns.

    G. No Third-Party Beneficiaries. Nothing in this Business Associate Agreement shall confer upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.

    H. Contradictory Terms. This Business Associate Agreement is made part of the Agreement between the Parties, provided that any provision of the Agreement that is directly contradictory to one or more terms of this Business Associate Agreement (Contradictory Term) shall be superseded by the terms of this Business Associate Agreement, to the extent and only to the extent of the contradiction and only to the extent that it is reasonably impossible to comply with both the Contradictory Term and the terms of this Business Associate Agreement.

    I. Governing law. This Business Associate Agreement shall be governed by and construed in accordance with the laws of the state of California other than its choice of law rules, to the extent not preempted by the Privacy or Security Rules or other applicable federal law.

    VI. LIMITATION OF LIABILITY

    NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, WHETHER THAT LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE LOSS OR DAMAGES.

    CONTACTING MEDICAL CARE

    Medical Care can be reached with any questions or comments regarding the Site or any information or materials on the Site by sending email to info@mccare.com or via U.S. Mail addressed to Medical Care Corporation, 3900 West Coast Highway, Suite 310, Newport Beach, California 92663.

    Copyright 2000 through 2017 Medical Care Corporation. All rights reserved.