Last Modified: September 12, 2022

Acceptance of the Terms of Use

These terms of use (“Terms”) are entered into by and between you (“you” or “user”) and Netsmart Technologies, Inc. ("Company," "we," or "us"). If you do not accept these Terms, you cannot access or use Company’s Mobile Caregiver Application and Portal (“MCG+”). Subject to these Terms and Company’s Privacy Policy located at Privacy Policy and incorporated herein by reference, Company grants you the right to use MCG+ and the information contained therein only for user’s internal business purposes for helping you better understand how to use, disclose, and protect PHI in accordance with the terms of Business Associate Agreements.

Company may modify these Terms at any time and such modifications will become effective immediately upon posting the modified Terms to MCG+. It is your responsibility to review the Terms regularly. Use of MCG+ after any such modified Terms have been posted will be deemed acceptance of the modified Terms.

Prohibited Use

You may use MCG+ only for lawful purposes and in accordance with these Terms. You agree not to use MCG+ in any way that violates any applicable federal, state, local or international law or regulation, including without limitation, the Health Insurance Portability and Accountability Act (HIPAA). Further, you agree not to engage in any conduct that restricts or inhibits anyone’s use of MCG+, discriminates or harasses any other user, or introduces any virus or malicious material into MCG+. You represent and warrant that you have the necessary rights to all information you input into MCG+

Disclaimer of Warranties

USE OF MCG+ IS AT YOUR OWN RISK. MCG+ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF MCG+. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT MCG+, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH MCG+ WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT MCG+, OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT MCG+ OR ANY SERVICES OR ITEMS OBTAINED THROUGH MCG+ WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MCG+ OR ANY CONTENT ON MCG+ OR SUCH OTHER SERVICES OR ITEMS OBTAINED THROUGH MCG+, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IF YOU ARE DISSATISFIED WITH MCG+ OR ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF MCG+.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or any activity related to your use of MCG+.

Confidentiality

MCG+ is proprietary and confidential to Company. You obtain no rights in MCG+ or any component thereof. You agree to maintain confidentiality of MCG+ and all Company proprietary information and will not modify, reverse engineer, copy, distribute, sell, license, publish, reproduce, or otherwise make available MCG+ or any component or information provided by Company on MCG+ to any third party.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to MCG+ using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

Termination

Company reserves the right to suspend or terminate any user’s ability to access MCG+ at any time for any reason.

SMS

Message and data rates may apply for any messages sent to you from us and to us from you. Contact your wireless provider for more information about your text plan or data plan.