Terms of use

Legal Notices 

Please read these terms carefully before using this site. 

Terms of Use for the Web site 

This Web site is provided by WellSky and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site. 

Limited License 

You agree that WellSky holds all right, title and interest to the web site and all information and technology provided through the web site.  You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you and that neither these terms of use nor your use of the web site convey or grant to you any rights in the website except for the limited license granted below.  You agree to make no claim of interest in the website or the intellectual property rights related thereto.  All content, including, but not limited to text, graphics, downloads, and software is the property of WellSky or its licensors and is protected by United States and international copyright laws. 

Subject to the terms and conditions set forth in this Agreement, WellSky grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way. 

WellSky authorizes you to view and download the information (“Materials”) at this Web site (“Site”) only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Except as expressly provided herein, WellSky does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. 

Disclaimer 

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WELLSKY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WELLSKY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. WELLSKY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. 

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

Third-Party Sites 

As a convenience to you, WellSky may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. WellSky makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that WellSky or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of WellSky or any of its affiliates or subsidiaries. 

External Links to the Site 

All links to the Site must be approved in writing by WellSky, except that WellSky consents to links in which: (i) the link is a text-only link containing only the name WellSky, (ii) the link “points” only to www.WellSky.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by WellSky nor be such as to damage or dilute the goodwill associated with the name and trademarks of WellSky or its Affiliates. WellSky reserves the right to revoke this consent to link at any time in its sole discretion. 

Information Provided by You 

Any personally identifiable information you may provide to WellSky via this Site is protected by the Privacy Policy associated with this Site. You warrant that you shall not provide any information or materials to WellSky that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. 

Limitation of Damages 

IN NO EVENT SHALL WELLSKY OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF WELLSKY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Changes 

WellSky reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. 

International Users and Choice of Law 

This Site is controlled, operated and administered by WellSky from its offices within the United States of America. WellSky makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. 

This Agreement constitutes the entire agreement between WellSky and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. 

Additional Terms for Use of WellSky Social Care Coordination 

 By creating an account and utilizing the Social Care Coordination (SCC) services, you accept and agree to be bound by these terms of service and Privacy Policy.   

 User Accounts and Secured Areas 

In order to access some Services, you may be required to create a user account (“Account”). You are responsible for all activities that occur in connection with your Account. To set up and access your Account, you will be asked to provide certain personalized information to us through the web site, which you represent and warrant is correct, current, and complete. Our collection and use of information you provide through your Account is governed by the Privacy Policy. Unauthorized use of or access to any Accounts or other restricted areas of the Site or App is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you agree not to use, access, or attempt to use or access such areas.  

One Account Policy 

To further the integrity of the services provided by SCC, all users are limited to one Account per person, provided that parents and legal guardians may also create an Account for each of their minor children. Users who violate this policy may have all of their Accounts suspended or terminated. For any parent or legal guardian who creates one or more Accounts for a minor child, the terms “Account” or “your Account” in these TOS includes all Accounts created by such parent or legal guardian for any minor child. 

Your Account Security 

You are responsible for maintaining the security in your Account. You agree and understand that you are solely responsible for your Account security settings, protection of confidential information (e.g., password), and all consequences that stem from activities occurring with your Account. You also agree that we are not responsible for any unauthorized use of your Account. You may not share your Account login information with anyone. We will never request your Account password. If you suspect that your Account or login information has been compromised, you should immediately change your password and contact us. 

You further agree to promptly notify us of any unauthorized access or security breach relating to your Account in accordance with the “Notices and Communication” section below. We encourage all users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers and special characters, regularly changing passwords, and preventing the disclosure of passwords to any third parties. 

Personal Information 

The use of SCC may prompt you to enter your personal information, including, but not limited to account set up, completion of a social determinants of health survey, or selection or transmission of referral information to one of our clients or community partners.  To the extent you provide information during your use of SCC, you consent to the retention of such information by WellSky and the sharing of such information with WellSky’s contracted health care partners and community organizations (“Clients”), consistent with the Privacy Notice.   

Notices and Communication 

If we have to contact you, you agree we may do so by telephone call, text message, or email to the phone number and/or email address you provided when you registered or updated an Account or that you used to communicate with us. You agree that we may use automatic telephone dialing equipment and other technology in connection with these communications. 

You authorize WellSky and its sponsors and affiliates to communicate with you to the full extent allowed by the Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services  

Notices that you send to us must be delivered via first class mail to the following address:  

WellSky Corporation 

Attn: Regulatory Compliance Manager 

11300 Switzer Rd 

Overland Park, KS 66210 

You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date. In sending any notice to us, you will need to reasonably explain the action that you want us to take and/or actions or inactions that you believe we need to take. 

When we use the words “writing” or “written,” those terms include emails. For contractual purposes, you consent to receiving notices, disclosures, agreements, terms, conditions, amendments and other communications from WellSky in an electronic form and agree that such electronic communications will have the same legal effect and satisfy the same legal requirements that such communications would satisfy if they were made “in writing” in a physical document. The foregoing does not affect your statutory rights. 

Prior versions:

Terms of use – June 23, 2023