Last revised on July 16, 2018.
Welcome to the Caremanagementtoolkit.com website (the “Site”). These Terms of Use ("Terms of Use" or "Agreement") shall serve as an agreement that sets forth the terms and conditions that will govern your use of the Site offered by CementBloc, LLC dba The Bloc ("we," "us" or "our").
By accessing all or any part of this Site, or the services offered on the Site, you agree to be bound by these Terms of Use and the Privacy Policy posted on this Site. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY YOU SHOULD NOT ACCESS OR VIEW THIS SITE.
We make no representations that content and materials (licensed or otherwise) on the Site are legal or appropriate for use from outside the United States nor do we represent that our Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. WE DO NOT SEEK NOR DO WE KNOWINGLY COLLECT INFORMATION ABOUT RESIDENTS FROM COUNTRIES OTHER THAN THE UNITED STATES. IF YOU PROVIDE TO US INFORMATION ABOUT YOURSELF AND YOU ARE NOT A RESIDENT OF THE UNITED STATES, IN SO PROVIDING THAT INFORMATION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU THEREBY AFFIRMATIVELY CONSENT TO OUR RECEIPT, COLLECTION, STORAGE AND ONWARD TRANSFER OF THAT INFORMATION IN THE SAME MANNER THAT WE HANDLE INFORMATION REGARDING UNITED STATES CITIZENS. Please see our Privacy Policy for more information.
You will comply with all laws that apply or may apply to your use of or activities on the Site and any rules for conduct on the Site or use of specific features and/or services offered hereon that may be posted on the Site, whether in these Terms of Use or otherwise, from time to time.
You will not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
You will not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site.
UNDER NO CIRCUMSTANCES SHOULD YOU PROVIDE TO US ANY CONTENT OR OTHER INFORMATION ABOUT ANY PERSON (i) OTHER THAN YOURSELF, (ii) UNDER THE AGE OF 18, OR (iii) THAT IS NOT A RESIDENT OF THE UNITED STATES.
You acknowledge and agree that any suggestions, comments, ideas, feedback, recommendations, notes, concepts, prototypes or other information disclosed or submitted to us by you by email or otherwise, and any intellectual property associated therewith, including without limitation, any patents, copyrights or trademarks, are owned by us (collectively, “User Suggestions”).
You hereby assign all right, title and interest in and to the User Suggestions to us without any compensation to you. We shall at all times have the right to use, distribute and publish the User Suggestions, in perpetuity and through any manner or means, now known or later developed as we may determine. No User Suggestions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentiality. We will have the right to distribute, create derivative works from and exploit such User Suggestions in any manner, including on the Site or in any other manner or medium now known or later developed, without your consent. You also acknowledge that you are not entitled now, or in the future, to any compensation for any User Suggestions you may submit to us, and you waive the benefits of any provisions of law known as "droit moral" (moral rights) or any similar laws.
In submitting to us any User Suggestions, you thereby represent and warrant to us, and expect us to rely thereon, that our public or private use of such User Suggestions will not infringe the rights of any third party.
We reserve the right to monitor your use of the Site. Furthermore, you acknowledge that we reserve the right to take action – technical, legal or otherwise – to block or deny you from accessing the Site. You understand that we may exercise any or all of these rights in our sole discretion.
We compile our toolkits from third party content from a variety of sources (collectively, “Third Party Content”). While we believe these sources to be reputable, the content and the toolkits are NOT MEDICAL ADVICE AND WE ARE NOT PHYSICIANS. Third Party Content available through the Site represents the opinions and judgments of the respective party, whether or not under contract with us. To the fullest extent allowed by law, under no circumstances shall we, or our affiliates, or our affiliates’ officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors or licensors, be liable for any loss or damage caused by your reliance on any Third Party Content, the toolkits or other information or resources obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other Third Party Content and the toolkits available through the Site, and use of and reliance on same is solely at your own risk.
We may disclose any of your User Suggestions, submissions, or electronic communications of any kind and any information you provide to us or our affiliates (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, other users of the Site, and/or our affiliates. For more information on how we use personally-identifiable information in connection with the Site, please see our Privacy Policy at: https://caremanagementtoolkit.com/privacy-policy.
©2018 CementBloc, LLC. ALL RIGHTS RESERVED. Text, User Suggestions, images, graphics and HTML code are protected by U.S. and international copyright laws, where applicable.
The Bloc, and all trademarks, service marks, logos, trade dress and trade names (collectively, the "Marks"), including but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of ours, and are protected under federal and international trademark laws. Nothing contained on the Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of us or that of the respective owner(s). We reserve the right to protect our Marks to the fullest extent of the law if prior written permission is not obtained. Nothing contained in the Site or this Terms of Use grants any right to use any of the Marks without our prior written permission or that of the respective owner(s).
Moreover, our Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks, service marks, logos, trade dress and trade names not owned by us that appear on this Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by us.
All information, content, and data including, without limitation, Marks, designs, photographs, text, graphics and pictures, and their format, arrangement and selection, and the toolkits (collectively, the “Site Content”) on the Site is owned by us and our third party providers, with all rights reserved. We and our third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with us or obtaining our express written permission. Any use of any Site Content or the materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.
Notwithstanding the foregoing Section, we grant you a limited license and permission to access and make personal use of the Site and download the toolkits for personal use but not to download any portion of it, including without limitation the toolkits, for any commercial purpose or to modify any portion of the Site. Except as explicitly provided in these Terms of Use, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site, including without limitation the toolkits, for any commercial purpose. You may display and occasionally print a single copy of pages of the Site, including without limitation the toolkits, for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without our prior written or e-mailed consent, which may be withheld at our sole discretion.
The contents of the toolkits are proprietary to us and/or our third party licensors. WHILE YOU MAY DOWNLOAD AND USE THE TOOLKITS IN YOUR PRACTICE, AND SHARE THEM WITH YOUR PATIENTS AND THEIR CAREGIVERS, YOU MAY NOT ALTER ANY CONTENT IN THE TOOLKITS. YOU ARE SOLELY LIABLE FOR ANY CHANGE YOU MAKE TO ANY TOOLKIT AND THE RESULTS AND CONSEQUENCES THEREFROM, WHETHER SUFFERED BY US, YOUR PATIENTS, OUR THIRD PARTY LICENSORS OR ANY OTHER THIRD PARTY WHATSOEVER.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we reserve the right, but not the obligation, to terminate your right to use the Site if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to us in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement, as follows:
Dan Sontupe
212-524-6200
dsontupe@thebloc.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
THE SITE, THE TOOLKITS AND THE SITE CONTENT ARE PROVIDED “AS IS” AND CARRY NO WARRANTIES OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE, THE TOOLKITS AND THE SITE CONTENT IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, QUALITY OF ANY SERVICES OR CONTENT, INCLUDING WITHOUT LIMITATION, ANY TOOLKITS, TIMELINESS OF THE SITE OR THE RESULTS TO BE OBTAINED FROM USING THE SITE, THE TOOLKITS AND THE SITE CONTENT. WE DO NOT WARRANT THAT THE SITE, THE TOOLKITS, OR THE SERVICES ON THE SITE ARE SECURE AND FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS OR OTHER LIMITATIONS.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE AND OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES AND LICENSEES HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, THE TOOLKITS AND THE SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE TOOLKITS OR THE SITE CONTENT. IN THE EVENT THAT WE AND/OR ANY OF OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE, THE TOOLKITS OR THE SITE CONTENT, IN NO EVENT SHALL OUR AND OUR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, PERSONNEL, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS, AFFILIATES OR LICENSEES’ AGGREGATE LIABILITY TO ANY SITE USER EXCEED TEN DOLLARS ($10.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES; SO IF AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SUCH DISCLAIMER SHALL NOT APPLY TO YOU.
Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. We are not responsible for and do not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any such web sites. You acknowledge and agree that your use of any web site accessed from the Site, or the reliance on any information or services contained therein, is solely at your own risk. You should review the Terms and Conditions and Privacy Policies of those web sites.
Creating or maintaining any link from another site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
You agree to indemnify and hold harmless us, and our officers, directors, members, managers, employees, personnel, agents, representatives, information providers, subcontractors, affiliates and licensees now or in the future (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees) that the Indemnified Parties may incur arising out of or relating to (i) the breach of any of your representations and warranties contained in this Agreement, our Privacy Policy or any other term or condition contained on the Site or in connection with the services offered on the Site; (ii) any User Suggestion and all other content provided by you to us, including without limitation, content that violates the intellectual property, other proprietary right or privacy right of a third party; (iii) any misuse by you of the Site or the services provided on the Site, including without limitation the toolkits; (iv) any alterations by you to the toolkits and/or the content therein, or (v) any bodily injury including death resulting from any User Suggestions, your use of the Site, the toolkits (as provided or modified by you in any way) or the services provided on the Site.
Any dispute, claim or controversy that you and we are unable to resolve, to the maximum extent allowed by applicable law, will be submitted to and finally resolved by binding arbitration. Either party may file a written demand for arbitration with the American Arbitration Association and will send a copy of the demand for arbitration to the other party. The arbitration will be conducted pursuant to the terms of the Commercial Arbitration Rules of the American Arbitration Association. The venue for the arbitration will be in New York County in the State of New York. The arbitration will be conducted before one (1) arbitrator selected through the American Arbitration Association's arbitrator selection procedures. The decision of the arbitrator will be final, binding and conclusive upon the parties. Each party will have the right to have the decision enforced by the federal or state courts sitting in New York County in the State of New York to which exclusive jurisdiction the parties agree to submit. If any of the provisions of this Agreement are held to be unenforceable or invalid by any tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected, provided that the essential understanding of the parties hereto is not lost thereby.
These Terms of Use and the Privacy Policy constitute the entire agreement between you and us regarding the Site, your use of our toolkits, the Site Content and the User Suggestions. If any provision of this Terms of Use is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.
Please also read our Privacy Policy at: https://caremanagementtoolkit.com/privacy-policy.
We may update our Terms of Use from time to time. If we make any changes, we will post the new Terms of Use to our Site after we make the change.
The date the Terms of Use was last revised is identified at the top of the page. You are responsible for visiting the Terms of Use to check for any changes each time you access or use the Site.
The Site is operated by CementBloc, LLC. All questions regarding the Site, these Terms of Use or our Privacy Policy shall be directed to our staff by email at: caremanagementtools@thebloc.com, by calling at: 212-524-6200, or by writing to our staff at: CementBloc, LLC, 32 Old Slip, New York, NY 10005.