Tabitha Resource Management LLC ("us", "our", "we") owns and operates the MyTabiCare application, https://mytabicare.com and https://tabitharm.com website (the "Site") and all associated services related to the website and mobile apps (collectively, the "Site"). The following Terms of Service constitute a legal agreement between you and MyTabiCare on behalf of Tabitha Resource Management (represented herein as MyTabiCare) concerning your use of the Site (the "Agreement"). "You" or "your" includes yourself, and any person on behalf of which you use the Site ("User"). You may only use the Site pursuant to this Agreement. By accessing or otherwise using this Site, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not accept these Terms of Service, you are not permitted to access or use this Site.
This Agreement by and between you and MyTabiCare governs your access and use of the Site and any Content or other information made available to you through the online platform for Family Care Management (collectively, the "Features"). By continuing to use this Site, you agree to comply with all applicable laws and regulations in your use of the Features.
MyTabiCare may modify these Terms of Service or its other policies from time to time. Any such modifications to the Terms of Service will be effective within forty-eight (48) hours after being available on the Site unless otherwise stated by MyTabiCare in writing. You are bound by such modifications when they become effective. Although MyTabiCare may endeavor to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version prior to using the Site. Your continued use of the Site following notice of MyTabiCare posting of any modifications to these Terms of Service will constitute your acceptance of such modifications. If you do not agree to any modifications of these Terms of Service, you must NOT continue to use the Site.
All information, graphics, photographs, videos, format, design, the user interface and other copyrighted material on the Site (collectively, "Content") are protected by copyright law and other intellectual property laws, and are owned by MyTabiCare or its affiliates. You may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way.
All copyright and other proprietary notices and markings must be retained and reproduced in their entireties on any copy of any Content on the Site. The Site, including its operation, interface and Content, are protected by the copyright laws of the United States and other international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the prior written consent of MyTabiCare. Any breach of this Agreement shall immediately terminate the license and rights granted by MyTabiCare hereunder, and may subject you to civil and/or criminal prosecution. MyTabiCare App and MyTabiCare are trademarks of Tabitha Resource Management, LLC or its affiliates.
Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, or a license from, such owners. All marks are protected by law, including without limitation United States laws regarding trademark and unfair competition. You are not permitted to use any logo or other proprietary graphic or trademark of MyTabiCare or its affiliates or other partners without first obtaining the express written consent of MyTabiCare and the applicable affiliate or partner. Unless otherwise noted, by using a third party's trademark or trade name on this Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.
To use the Service, you must:
In order to access certain features of the Site and utilize the Features, you have to create a User Account with MyTabiCare ("User Account"). You will need to create an Account in order to customize your Site experience and view more relevant information. You agree that the information you provide MyTabiCare will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement; and (ii) electronic records to store information related to this Agreement or your use of the Site.
MyTabiCare provides digital tools for family coordination, caregiving support, documentation, analytics, and communication. These may include:
MyTabiCare is a technology platform, NOT a healthcare provider, medical practice, insurer, nor emergency service, licensed health clinic, legal advisor, or financial advisor.
The Service does not provide medical advice, diagnosis, or treatment. Information is used for informational and organizational purposes only.
We do not guarantee the accuracy, completeness, or reliability of user-submitted data; third-party records; analytics, insights, dashboards, or recommendations; messages, reminders, or notifications. You assume full responsibility for all decisions made based on the Service's outputs.
MyTabiCare is structured to support compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), including the Privacy Rule, Security Rule, and Breach Notification Rule.
We implement appropriate administrative, physical, and technical safeguards to protect electronic Protected Health Information ("ePHI"). Because MyTabiCare stores, transmits, and processes Electronic Protected Health Information ("ePHI"); we maintain administrative, technical, and physical safeguards consistent with the Health Insurance Portability and Accountability Act ("HIPAA").
When you use the Services in a manner that requires PHI processing, MyTabiCare may enter into a Business Associate Agreement ("BAA") where legally required.
MyTabiCare is not a covered entity itself. But is sometimes a Business Associate by providing services to a covered entity. In all our services, including consumer services where HIPAA does not apply, we still closely follow HIPAA rules to ensure the highest security and privacy to keep your data safe.
PHI includes health information that identifies or could identify an individual. PHI Content includes identifiable health-related information entered in secure medical-related sections of the platform. PHI is governed by our HIPAA Notice of Privacy Practices ("HIPAA Policy") and Privacy Policy.
PHI is not considered "User Content" (defined below). PHI is handled strictly in accordance with HIPAA and cannot be treated as non-confidential.
You agree that you:
"User Content" means any communication, text, images, data, files, or materials you upload, submit, or provide to MyTabiCare that does not constitute PHI.
You retain ownership of User Content. By submitting User Content, you grant MyTabiCare a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable license to:
This license does not apply to PHI.
Except for PHI and personally identifiable information covered by our Privacy Policy, User Content is treated as non-confidential and non-proprietary. We never sell identifiable user data and never use identifiable ePHI for marketing.
You are solely responsible for the legality and appropriateness of your User Content.
Subject to the terms and conditions of this Agreement, MyTabiCare hereby grants to you the non-transferable, nonexclusive, limited license to access and use the Features solely for personal, Family care coordination, non-commercial purposes, reference, education, research or training purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights. You agree NOT to:
MyTabiCare may update, modify, or replace the Features (including the Content therein) from time to time. MyTabiCare reserves the right to discontinue offering access to the Features or any Content therein. MyTabiCare will use commercially reasonable efforts to provide advance notice of any such discontinuation.
Our Privacy Policy at https://tabitharm.com/privacy-policy or https://mytabicare.com/privacy explains how we collect, maintain, and protect User Content, including ePHI. You must review and agree to it.
You must provide accurate and complete information during account creation. You are responsible for:
We are not responsible for lost, misconfigured, or mismanaged user accounts. MyTabiCare may suspend or terminate accounts for:
Please notify MyTabiCare immediately of any unauthorized use of your Account at unauthorizeduse@mytabicare.com. MyTabiCare is not liable for any loss or damage from your failure to comply with these requirements.
You acknowledge that we may set general usage limits for User Content, including:
We are not responsible for:
We may log off or terminate accounts that:
PHI Content is retained and deleted according to HIPAA retention requirements.
We do not pre-screen User Content. We may, but do not have to:
You access User Content from others at your own risk. We expressly disclaim responsibility for User Content submitted by third parties.
We may terminate or suspend your account immediately for Terms of Service violations, security threats, or legal reasons or after notice for non-payment.
After termination:
We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
You agree NOT to use the Services to:
Violations may result in account termination, legal action, or reporting to law enforcement.
For paid subscriptions:
MyTabiCare aims for high availability but we do not guarantee uninterrupted or error-free service. We may:
We are not liable for service interruptions, loss of data or delays or failures outside our control.
MyTabiCare provides analytics and reporting based on the data you or authorized users submit. We do not guarantee that:
MyTabiCare is not responsible for decisions made based on analytics outputs.
MYTABICARE IS NOT A MEDICAL PROVIDER.
THE PLATFORM DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR EMERGENCY SERVICES.
Always consult qualified healthcare professionals for medical concerns. In emergencies, call 911 or your local emergency number.
MyTabiCare follows the Digital Millennium Copyright Act ("DMCA"). You may submit takedown notices to: dmca@mytabicare.com
We may remove infringing content and terminate repeat infringers. Content on the Site may be from third parties not within MyTabiCare control. MyTabiCare is under no obligation to, and does not, scan Content used in connection with the Site for the inclusion of illegal or impermissible content. However, MyTabiCare respects the copyright interests of others and, as a policy, does not knowingly permit Content herein that infringe another party's copyright.
If you believe any Content on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
MyTabiCare provides information (for example, health, legal, and financial) for informational purposes only, which should not be construed as advice. The information provided in this Site, or through links to other third party sites, is not a substitute for obtaining proper medical, legal, financial or other professional care or services. We are not engaged in providing professional medical, legal or financial advice via this Site or otherwise.
You should not view the information provided on this Site as a substitute for medical, legal, or financial advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical, legal, or financial professional, as applicable. No action should be taken based upon any professional information contained in the Site. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained within the Site.
MyTabiCare does not warrant the accuracy, completeness or currency of the information provided on and made available through this Site. MyTabiCare does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Site. Publication of the Content appearing on this Site does not necessarily constitute an endorsement of the views expressed therein, and does not constitute a warranty or guarantee of any strategy, advice, recommendation, treatment, action, or medication.
You agree to indemnify, defend, and hold harmless MyTabiCare, its officers, employees, and affiliates from all liabilities, claims, and expenses, including reasonable attorney's fees and costs arising from:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Those who choose to access this site from other locations access the Site on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
TO THE MAXIMUM EXTENT PERMITTED BY ILLINOIS LAW:
In no event will MyTabiCare and its licensors, or any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, be liable for any indirect, special, incidental, punitive, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use or inability to use the website, any websites linked to the website, or any content contained in the website, harm arising from unauthorized access to your data, errors, outages, delays, or data corruption, third-party actions, regardless of the form of action, whether based in contract, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. While your use of the website is at your own risk, if MyTabiCare should have any liability for any loss, harm or damage arising out of or relating to this agreement or your use of the website, MyTabiCare total aggregate liability for any and all claims shall not exceed the total liability limited to the amount you paid us in the past 12 months. You acknowledge that absent your agreement to this limitation MyTabiCare and its licensors would not provide the website or the content accessible therein.
The services, including all content therein is provided "AS IS," "WITH ALL FAULTS" and without any warranties of any kind, express or implied. MyTabiCare and its licensors disclaim all warranties with respect to the services, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content. MyTabiCare and its licensors do not warrant or make any representations regarding the operation of the website, the use, validity, accuracy or reliability of, or the results of the use of the content on this website or any other website linked to this service. The contents of this website may be out of date, and MyTabiCare makes no commitment to update the contents at this website. MyTabiCare does not warrant that the files available for downloading from this website, if any, will be free from infection, viruses, worms, trojan horses, or other code that manifest contaminating or destructive properties. MyTabiCare does not warrant that this website, software, contents, products, or services will be uninterrupted or error-free or that any defects in this website, software, contents, products, or services will be corrected.
25.1 YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION IN SANGAMON COUNTY, ILLINOIS.
25.2 You agree not to participate in class actions, mass arbitration, consolidated claims, and representative actions.
25.3 You waive the right to sue in court or have a jury trial. This clause is fully enforceable under Illinois and federal law.
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to the principles of conflict of law thereof, and excluding the United Nations Convention on Contracts for the International Sale of Goods. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Illinois (the "Illinois Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Illinois Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Illinois Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
We may update these Terms at any time. Continued use of the Services constitutes acceptance of revised Terms.
If any part of these Terms is unenforceable, the remaining provisions remain in effect.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us at feedback@mytabicare.com or via the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any compensation to you of any kind.
For any questions:
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