NavGate® Technologies

Design and Development of Educational Tools &
Resources for Advisors and their Clients,
and Employers and their Employees. Providing Wellness, Healthcare Resources and Care Planning
Systems for Disability, Accident, Illness, Short & Long
Term Care, Eldercare, and Caregiving Issues

TERMS AND CONDITIONS- COOL VENDOR

This website is owned by NavGate Technologies™ a division of CareQuest Incorporated. Please read these Terms and Conditions carefully before using the website. By using this website you give your consent to these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use the website. If you use this website or return at a later time to this website, you agree to be bound by these Terms and Conditions. These Terms and Conditions then become an Agreement between you and NavGate Technologies; and between you and CareQuest Incorporated, NavGate Technologies’ parent company.

NavGate Technologies reserves the right to modify these Terms and Conditions at any time. Such modification shall be effective upon posting to the NavGate Technologies website. Please review these Terms and Conditions often in order to keep yourself informed of any changes. You agree by use of this website to be bound by any modifications to these Terms and Conditions.

This website is provided by NavGate Technologies. NavGate Technologies maintains the website. Please feel free to browse the website. You may download material displayed on the website for business purposes as a vendor for NavGate, only provided that you keep intact all copyright, trademark and other proprietary notices. Any use for educational purposes requires prior written permission.

These Terms and Conditions govern your use of provider records, care plan creation, information, materials and documents being made available to you at the website (hereinafter referred to as “Materials”). By accessing the website and using the Materials you signify your agreement to all terms, conditions, and notices contained or referenced on the website or contained in these Terms and Conditions.

Upon your acceptance by NavGate Technologies, you may share provider records, information care plans or CareOptionsOnLine, (COOL) access with other eligible family members (spouse, parents, spouses’ parents, dependent children) for that individual’s personal non-commercial use or by using the care plan email option or direct COOL access via your assigned Member Access Code. Other eligible family members may not share COOL with any other persons or their extended family members. Your legal adult children may access COOL on your personal behalf to assist you in care plan creation, provider searches and information collection.

You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials. However, you may, as a vendor of NavGate, be provided by NavGate with particular access codes, such access codes to be used specifically by your customers for a particular purpose defined by you, found acceptable to NavGate and for a certain period of time. No access codes may be disclosed in any way to any other persons or entities by any means now known or yet to be created. Such access codes may not be posted electronically by any means, including but not limited to, websites, blogs, discussion boards, chat rooms, internet forum, social networking media or other similar forms of communication. No access codes may be disclosed to the public.

Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent, trade secret or other intellectual property right of NavGate Technologies.

Proprietary Rights

All content contained on this website, including but not limited to text, graphics, forms, logos, data, photographs, videos, typefaces, html code or other proprietary information is protected by copyrights, trademarks, service marks, patents, trade secret or other proprietary rights and laws. Such proprietary information is protected by United States and other International Laws. All trademarks, service marks, trade names, logos, copyrights, trade secrets and patents (collectively, the ‘Intellectual Property’) are the sole property of NavGate Technologies. Nothing contained in this website should be construed as granting any license or right to use any such Intellectual Property without written permission of NavGate Technologies or such third party that may own the Intellectual Property displayed. Should you decide to post any information, data and/or content to the website, you grant to NavGate Technologies and to users of the website a nonexclusive, perpetual, irrevocable, paid-in-full worldwide license to copy, use, distribute, publicly display and publicly perform such information, data and/or content as well as to prepare derivative works from or to incorporate such information, data and/or content into other works. You also grant the right to sublicense such information, data and/or content to NavGate Technologies. You represent and warrant that you own or have licensed the rights to use any information, data and/or content that you contribute to this website, that you have the rights to post such information on the website, and that you have the right to grant to NavGate Technologies and to the users of the website such rights.

Disclaimers

The information you obtain at this site is not, and is not intended to be legal advice, financial advice, tax advice, medical advice, or other professional advice. Consult an attorney, a financial consultant, and/or a tax professional or other appropriate professional for advice tailored to your specific situation. All users of the NavGate Technologies website expressly agree that use of the website and links are at the users’ sole risk. Neither NavGate Technologies nor any party involved in creating, producing, delivering or maintaining the website is liable for any direct, indirect, consequential or punitive damages arising out of your access to, or use of, the website. This website and the content available through it are provided on an “as is” and “as available” basis.

NAVGATE TECHNOLOGIES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED IN OR THROUGH THIS WEBSITE, INCLUDING ANY LINKS OR ANY OTHER CONTENT USED DIRECTLY OR INDIRECTLY FROM THIS WEBSITE. NAVGATE TECHNOLOGIES DOES NOT WARRANT THAT ANY CONTENT WILL MEET ANY PARTICULAR STANDARD OF QUALITY OR PERFORMANCE OR THAT IT WILL BE WITHOUT ERROR OR FREE FROM VIRUSES OR OTHER DESTRUCTIVE ELEMENTS. NAVGATE TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO THE ABOVE MAY NOT APPLY TO YOU.

All users understand and expressly agree that any use of this website, including all content, data or software distributed by, downloaded, accessed or otherwise obtained from, used on or through the website is at your sole risk; and that the user will be solely responsible for any damage to the user, to the user’s family or business, to the user’s computer system or other property, loss of data or any other loss that results from the download of such material, images, video, audio or data. NavGate Technologies will not be liable for viruses or any other damaging material and/or data downloaded from or through this website.

NavGate Technologies has provided information sources on this website. Many contributors have provided information. NavGate Technologies expects the information to be helpful but NavGate Technologies does not make any warranty or guarantee as to the results that may be obtained, or as to the dependability, accuracy, reliability or timeliness of any information. The information sources are provided on the basis that NavGate Technologies is not liable or responsible for the content.

Provision of Information or Errors

The information provided by NavGate Technologies on this website is believed to be accurate. However, typographical errors, technical inaccuracies or other errors may occur. Changes may have occurred regarding any particular data. If inaccurate or inappropriate information is brought to the attention of NavGate Technologies, reasonable efforts will be made to remedy or remove information. No one can guarantee to prevent all unauthorized tampering with a website, despite reasonable efforts to do so. Therefore, NavGate Technologies does not warrant that the website content and materials will be free of error, and is not liable for such errors.

Responsible Communication

NavGate Technologies is not responsible for any material that you transmit to or post on this website and is not liable for that material. You are solely responsible for the information and/ or content that you in any manner communicate to, on, or through the website, or that you transmit to other users of the website. You may not communicate unlawful, libelous, defamatory, violent, abusive, vulgar, harassing, pornographic, obscene, lewd, sexually explicit, profane, indecent, or otherwise objectionable or inappropriate information or material which is defined as such in the sole discretion of NavGate Technologies. NavGate Technologies reserves the right to remove any information or material from the website, and may restrict, suspend or terminate your access to the website at any time for any reason with or without notice. NavGate Technologies shall do so without liability. NavGate Technologies has no obligation to monitor blogs, discussion boards or third party products. NavGate Technologies is not liable for any inappropriate, inaccurate or offensive material, services, information or products that may be posted on the website. You represent and warrant that any information that you provide is truthful and accurate. If at any time, information you have provided becomes inaccurate, misleading or false, you will immediately notify NavGate Technologies. You represent and warrant that you will not advertise to or solicit other users of this website. You represent and warrant that you will not send spam, junk email, unsolicited messages or chain letters to other users of this website. You agree that you will not use this website or information in connection with this website for contests, surveys, pyramid or multi-level marketing, distributorships or club memberships. You agree that you will not post any false or misleading information about you, your company and your services. You agree that you will not misrepresent your company, your services or yourself, including but not limited to, creating a false identity. You are solely responsible for any contact with other users of this website. You agree that you will not restrict or inhibit any user from use of this website. You agree that you will not tamper with or delete the postings of other users. You agree that you will not do anything that would cause an unreasonable load on the website’s infrastructure. You agree to conform to all applicable local, state, national and international laws and regulations, including but not limited to United States export control laws.

You assume all risks regarding any blogging services associated with this website. Be cautious and discrete with any information that you post to a blog, since anything posted on any blog may be misused. Check with your employer regarding their blogging policy since your blogging activities may be subject to such a policy. Some employer policies extend to an employee’s private blogs. By using any blog associated with this website you represent that you have a right to use the blog and are in conformance with any employer policies. By using any blog associated with this website you also represent that you are not divulging any proprietary or other information that does not belong to you. You also represent and warrant that any information you post does not violate any copyrights, trademarks, trade secrets, patents or other intellectual property rights, contract rights, privacy rights, publicity rights, or any other rights or law. You also agree to pay for all fees, licensing fees, royalty fees, or any other fees for any claim that arises out of any information or content posted by you to or through the NavGate Technologies website or services.

Registration and Password/Access Code

Passwords and/or access codes are to remain confidential. You are responsible for maintaining the confidentiality of your password and/or access code. You are also responsible for all uses of your registration and your login. You are responsible for the use of your password, access code, registration, login and account, whether or not such uses were authorized or unauthorized by you. You agree to immediately notify NavGate Technologies should you suspect any unauthorized or suspected use of your account, password, access code, registration or login.

You may, as a vendor of NavGate, be provided by NavGate with particular access codes, such access codes to be used specifically by your customers for a particular purpose defined by you, found acceptable to NavGate and for a certain period of time. No access codes may be disclosed in any way to any other persons or entities by any means now known or yet to be created. Such access codes may not be posted electronically by any means, including but not limited to, websites, blogs, discussion boards, chat rooms internet forum, social networking media or other similar forms of communication. No access codes may be disclosed to the public.

Content

Statements, opinions, advice, information or content found on the website should not be relied upon. NAVGATE TECHNOLOGIES DOES NOT GUARANTEE THE ACCURACY, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE. INFORMATION FOUND ON THE WEBSITE MAY NOT BE COMPLETE OR MAY NOT APPLY TO YOUR SPECIFIC SITUATION. NAVGATE TECHNOLOGIES SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT FOUND ON THE WEBSITE, POSTED ON THE WEBLOG OR TRANSMITTED TO OR BY USERS OF THE WEBSITE.

Links to other Websites

This website may contain links to other sites. These websites may be operated by third parties other than NavGate Technologies and are provided for your convenience only. NavGate Technologies does not control third party websites and is not responsible for their content. NavGate Technologies is not responsible for the practices employed by other websites. The third party websites have not agreed to NavGate Technologies Terms and Conditions, or to a Privacy Policy. The fact that the website may contain links to other websites does not mean that NavGate Technologies approves of, endorses or recommends those sites, nor does it imply any affiliation or association with those websites. If you decide to visit a linked website you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. NavGate Technologies encourages you to seek information on each website that you decide to visit regarding their Terms of Use and Privacy Policy. NavGate Technologies disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content in the third party websites directly or indirectly accessed through links on this website.

Links from other Websites

All links to this website must be approved in writing by NavGate Technologies.

Limitation of Liability

YOU EXPREESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGIENCE, SHALL NAVGATE TECHNOLOGIES OR ITS AFFILIATES, SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR MAINTENANCE OF THE CONTENT OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED OR PROVIDED ON THE SITE ON ANY THEORY OF LIABILITY, OR REGARDING THE SECURITY OF PERSONAL DATA OR OTHER INFORMATION TRANSMITTED OR NOT TRANSMITTED, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NAVGATE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL NAVGATE TECHNOLOGIES BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION, (WHETHER IN CONTRACT OR IN TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR OTHERWISE). OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE THE GOODS AND/OR SERVICES FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS AND/OR SERVICES. THESE LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE.SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold NavGate Technologies and its affiliates, subsidiaries, parents, and their respective employees, agents, contractors, officers, directors, successors and assigns harmless from all liabilities, suits, claims, damages, demands, losses, causes of action, judgments and expenses, including attorneys fees and costs, made by user or any third party due to or arising out of user’s use of the website that arise from user’s use or misuse of this website or any information contained or provided therein, or arising out of your violation of these Terms and Conditions, or any third-party’s rights, including but not limited to infringement of any copyright, trademark, patent, trade secret or other proprietary right or invasion of any privacy rights.

User Conduct

Users of this website agree not to disrupt, interfere or abuse the website, servers, or networks connected to or accessible through the website or affiliated or linked websites. Users agree not to disrupt, interfere or abuse the security of the website, or any accounts, services or system resources or any other user’s enjoyment of the website. Users agree not to upload post or transmit through or on this website any viruses or other harmful, disruptive or destructive files.

Choice of Law

These Terms and Conditions shall be governed by the laws of the State of Wisconsin, without regard to Wisconsin’s conflict of laws rules. By accessing this website you agree that Wisconsin courts shall have exclusive jurisdiction over all claims and actions arising out of your use of this website or relating to these Terms and Conditions and you agree to submit to the exercise of personal jurisdiction of such courts, specifically the State of Wisconsin Circuit Court in Winnebago County and the United States Federal Court in Madison, Wisconsin.

IRS Rules: Circular 230 Disclosure

Nothing found on this website, or in any communication from NavGate Technologies , including any attachments, is intended or written to be used, and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer, or for promoting, marketing or recommending to another party any matters addressed herein. Such communications include but are not limited to emails or other electronic communications, letters, memoranda, faxes and other written correspondence.

NavGate Technologies values your privacy. NavGate Technologies will collect email addresses and other information provided by you when you contact NavGate Technologies. An email address, physical address or your name is information that personally identifies you. If you provide such information, it may be used by NavGate Technologies, but will not be sold or disclosed to any third party, unless you have given your consent to do so, with the exception of the following: personal information will not be disclosed to third parties unless such disclosure is necessary for certain legal requirements including but not limited to a response to a search warrant, subpoena or other legal process; to protect users of the website or members of the general public; to protect NavGate Technologies; to enforce the Terms and Condition, to enforce the Privacy Policy; whether or not required by law.

Whenever you visit a website, your browser makes certain information available. Such information is not personal, but is non-personal identifying information, such as your browser type, browser language, date and time of your visit to the site, your Internet Protocol address and cookies that may identify your browser. This information may be used internally by NavGate Technologies to improve and develop the website. It is not provided to third parties. When you first visit a website, a cookie is sent to your computer. The cookie identifies your browser. Cookies are used to inform NavGate Technologies about usage of and traffic on the website. It is possible to set up your browser to accept or reject all or some cookies, or to indicate to you when a cookie is being sent. Please be aware that cookies may need to be enabled in order to fully use the website. NavGate Technologies may allow third party advertisers on the website. In that case, any advertiser’s use of cookies is subject to the advertiser’s own Privacy Policy, Terms & Conditions or other Policy on that advertiser’s website. NavGate Technologies encourages you to inform yourself regarding the advertisers’ policies. NavGate Technologies exercises no control over any links to the website. Other linked sites may place their cookies on your computer. They may also collect data or personal information. NavGate Technologies encourages you to inform yourself regarding the policies of any linked websites, as you will be subject to their own privacy and other policies. Please be informed that whenever you voluntarily post information on a website, what you write or send can be accessed by anyone and may be used to send you unsolicited communications.

The CareOptionsOnLine™ site is intended to attract users who are over the age of 18 years. NavGate will not knowingly collect information from users who are under the age of 13 years.

If a successor in interest obtains rights to NavGate Technologies or rights to this website NavGate Technologies reserves the right to transfer personal information to that successor.

Other

These Terms and Conditions constitute the entire agreement between you and NavGate Technologies regarding this website. If any provision in these Terms and Conditions is held invalid or unenforceable for any reason, then that portion shall be deemed severable from, and shall not effect the validity or enforceability of the remaining provisions.

NavGate Technologies may at any time revise these Terms and Conditions and update this page without notice. Users of the website are bound by these revisions and should visit this page periodically to review the Terms and Conditions to which users are bound.