Effective Date:
Last Updated:
Welcome to the Marigold website. These Terms & Conditions (“Terms”) govern your access to and use of this website, including its public pages, online forms, employee training resources, client or employee portals, restricted areas, educational materials, and other online services made available by Marigold (“Marigold,” “we,” “us,” or “our”).
By accessing or using this website, creating an account, signing into a restricted area, submitting a website form, or accessing online training materials, you agree to these Terms.
If you do not agree with these Terms, please do not use the website or its restricted services.
1. About Marigold
Marigold provides home care and related support services to individuals and families in Pennsylvania.
Information provided through this website is intended to help visitors learn about Marigold, available services, employment opportunities, training requirements, referral options, and ways to contact our team.
Use of this website does not by itself establish a caregiver-client, healthcare provider-patient, employment, contractual, or other professional relationship with Marigold.
Home care or home health services are provided only after applicable intake, eligibility, assessment, authorization, service planning, consent, and other required processes have been completed.
2. Website Information Is General Information Only
The information available on this website is provided for general educational and informational purposes.
Website content is not intended to:
- Diagnose, treat, cure, or prevent any illness or medical condition;
- Replace advice from a physician, nurse, pharmacist, therapist, or other qualified healthcare professional;
- Provide individualized medical, nursing, legal, financial, or insurance advice;
- Establish eligibility for any particular service, benefit, insurance program, waiver program, or payment source; or
- Replace an individualized care plan or assessment.
Individuals should consult the appropriate licensed healthcare professional regarding medical questions or changes in health status.
3. Medical Emergencies
This website, its contact forms, email addresses, portals, and training systems are not emergency communication systems.
If you believe you or another person is experiencing a medical emergency, call 911 or seek immediate emergency medical assistance.
Do not use a website form, training portal, general email address, or other non-emergency website feature to report an urgent medical condition or emergency.
4. General Contact Forms and Patient Information
Public website forms are intended for general inquiries only.
When contacting Marigold through a public website form, please provide only the basic information reasonably necessary for our team to understand and respond to your request.
Do Not Submit Detailed Medical Information
Unless a form is specifically identified by Marigold as a secure form designed for protected health information, do not enter or upload detailed medical or health information through public website forms.
This includes, but is not limited to:
- Medication names, dosages, or medication lists;
- Diagnoses or detailed medical conditions;
- Complete medical histories;
- Laboratory or test results;
- Hospital records or discharge records;
- Treatment plans;
- Insurance identification numbers unless specifically requested through an authorized secure process;
- Social Security numbers;
- Medical record numbers;
- Photographs of medical records;
- Copies of prescriptions; or
- Any other sensitive health information that is not necessary for a general inquiry.
For a general care inquiry, visitors may provide basic information such as their name, contact information, general service needed, preferred location, and a brief non-clinical description of the type of assistance being requested.
If Marigold requires additional health information to evaluate or coordinate services, an authorized member of the Marigold team will provide instructions for communicating that information through an appropriate process.
5. Privacy and Protected Health Information
Marigold takes the confidentiality and privacy of personal and health-related information seriously.
Where applicable, protected health information will be handled in accordance with applicable federal and Pennsylvania privacy requirements, Marigold policies, and any applicable Notice of Privacy Practices.
Access to protected or confidential information is limited to authorized individuals who require access for legitimate job responsibilities or permitted business purposes.
The public portions of this website should not be treated as a substitute for a secure patient or client communication system.
Where Marigold provides a secure portal for exchanging sensitive information, users should use that designated portal rather than public forms, ordinary website fields, comments, or training areas.
6. Accounts, Portals, and Restricted Areas
Certain areas of the Marigold website may be available only to authorized users, including employees, caregivers, clients, authorized representatives, administrators, contractors, or other approved individuals.
Restricted areas may include:
- Employee portals;
- Training and course systems;
- Client or consumer portals;
- Scheduling resources;
- Internal forms;
- Policies and procedures;
- Employment resources;
- Compliance materials;
- Training records;
- Course completion records; and
- Other confidential or proprietary information.
Access to a restricted area does not grant permission to access every resource contained within that area.
Users may access only information and functions they are specifically authorized to use.
7. Account Security
Users are responsible for maintaining the confidentiality and security of their login credentials.
You agree to:
- Use only the account assigned to you;
- Keep your username, password, verification code, and other authentication credentials confidential;
- Never share your account with another person;
- Never allow another person to complete training, assessments, forms, attestations, or other activities using your account;
- Sign out when using a shared or public device;
- Notify Marigold promptly if you believe your account or credentials have been compromised; and
- Follow any additional security procedures established by Marigold.
Marigold may suspend or terminate access to an account when necessary to protect confidential information, investigate suspected misuse, maintain system security, comply with law or policy, or address changes in employment or authorization status.
8. No Unauthorized Access
You may not attempt to access any account, record, course, system, database, document, or restricted area for which you have not been granted authorization.
Prohibited conduct includes:
- Attempting to bypass authentication or access controls;
- Using another individual’s account;
- Sharing restricted links or credentials;
- Attempting to obtain information about clients, employees, or other users without authorization;
- Copying restricted records for an unauthorized purpose;
- Scraping or systematically downloading protected information;
- Introducing malware or malicious code;
- Interfering with website or portal operation; or
- Attempting to test system vulnerabilities without written authorization.
Unauthorized access may result in suspension of access, employment or contractual action where applicable, and referral to appropriate authorities when required.
9. Employee Training and Courses
Marigold may provide online courses, competency materials, continuing education, policy reviews, assessments, and other training through restricted portions of the website.
These materials are intended only for the individuals authorized to receive them.
Employees and other authorized users are responsible for personally completing assigned training and accurately completing any associated examinations, acknowledgments, attestations, or competency activities.
Completion of an online course does not automatically establish competency for duties that require observation, demonstration, testing, supervision, licensing, certification, or other forms of verification.
Marigold may use direct observation, testing, training, consumer feedback, supervisory review, or other permitted methods to evaluate competency.
10. Pennsylvania Direct Care Worker Competency Requirements
Marigold maintains training and competency processes consistent with applicable Pennsylvania requirements for home care agencies.
Under 28 Pa. Code § 611.55, a direct care worker must satisfy applicable initial competency requirements before being assigned to provide services to a consumer.
Pennsylvania regulations also require the agency to document review of a direct care worker’s competency to perform assigned duties at least once each year after initial competency has been established, and more frequently when circumstances require additional review.
Depending on the worker’s responsibilities, competency and training may address subjects including:
- Confidentiality;
- Consumer control and independent living principles;
- Instrumental activities of daily living;
- Recognizing changes in a consumer that require attention;
- Basic infection control;
- Universal precautions;
- Emergency procedures;
- Documentation;
- Recognition and reporting of abuse or neglect;
- Managing difficult behaviors; and
- Additional personal-care competencies required for workers providing personal care services.
For direct care workers providing personal care, applicable competency areas may also include bathing, grooming and dressing; hair, skin and mouth care; ambulation and transferring; meal preparation and feeding; toileting; and assistance with self-administered medications.
Annual Training and Competency Review
Employees assigned annual or recurring training through the Marigold portal must complete required training within the deadline communicated by Marigold.
Course completion records, assessment results, acknowledgments, and other documentation may be maintained as part of the employee’s training or personnel record as permitted or required by law and Marigold policy.
Failure to complete required training or competency requirements may affect an individual’s eligibility to perform certain duties, receive assignments, or continue access to restricted systems, consistent with applicable law and Marigold policy.
Training Is Not a State-Issued Certification
Unless expressly stated otherwise, completion of a Marigold online course should not be interpreted as the issuance or renewal of a professional license or certification by the Commonwealth of Pennsylvania.
A course completion certificate, if provided, documents completion of the applicable Marigold training activity. It does not independently establish state licensure, professional certification, or competency beyond the scope stated on the certificate.
11. Confidentiality During Employee Training
Employees and other users must protect client, consumer, patient, coworker, and organizational information when participating in online training.
Do not enter real patient, client, or consumer protected health information into course exercises, quizzes, discussion areas, comments, assignments, practice examples, or other training fields unless Marigold has specifically instructed you to use an approved secure system for that purpose.
Employees must not include:
- A client’s full name;
- Date of birth;
- Address;
- Telephone number;
- Medical record or account number;
- Diagnosis;
- Medication information;
- Medical history;
- Treatment information;
- Photographs;
- Care notes;
- Insurance information; or
- Other information that could identify a client or disclose private health information.
When a training exercise requires an example, employees should use fictional, de-identified, or Marigold-approved training information.
12. Course Content and Employee Responsibilities
Training materials are provided to support employee education, competency, compliance, and Marigold’s policies and procedures.
Users understand that:
- Training requirements may change;
- Courses may be added, removed, updated, or reassigned;
- Completion deadlines may vary by position, assignment, program, payer, regulatory requirement, or policy;
- Certain subjects may require in-person instruction or demonstrated competency in addition to online training;
- Course completion does not authorize an employee to perform tasks outside the employee’s permitted scope, job duties, care plan, or demonstrated competency; and
- Employees remain responsible for following current Marigold policies, care plans, supervisory instructions, and applicable law.
If training content conflicts with a current written Marigold policy or an instruction from an authorized supervisor, the user should stop and request clarification before acting.
13. Training Records and Electronic Acknowledgments
Marigold may electronically record information relating to training activity, including:
- Course enrollment;
- Login activity;
- Course progress;
- Completion dates;
- Assessment results;
- Attestations;
- Policy acknowledgments;
- Certificates;
- Continuing education activity; and
- Other compliance-related records.
By selecting an electronic acknowledgment, attestation, certification, or similar confirmation, the user represents that the information submitted is truthful and that the user personally completed the activity unless otherwise expressly permitted.
Falsification of training or competency records may result in loss of system access and other action consistent with Marigold policy and applicable law.
14. Client and Authorized Representative Portal Use
Where Marigold provides a client portal or other secure client-facing system, access is limited to the individual client or another person who has been appropriately authorized.
Users must not access another person’s information merely because they are a relative, caregiver, friend, or emergency contact.
Marigold may require verification of identity, legal authority, guardianship, power of attorney, personal representative status, or other authorization before providing access to certain information.
Portal users agree to use information obtained through the portal only for lawful and authorized purposes.
15. Portal Communications
Messages sent through a portal may become part of Marigold’s administrative, service, employment, compliance, or healthcare records when appropriate.
Portal messages should be used only for the purposes made available through the portal.
Portal communications should not be used for emergencies.
Marigold does not guarantee that portal messages will be reviewed immediately.
16. Accuracy of Information Submitted
You agree that information you submit through the website or portal will, to the best of your knowledge, be accurate and complete.
Providing false, misleading, fraudulent, or unauthorized information may result in rejection of a request, suspension of account access, corrective action, or other appropriate action.
Submitting an inquiry or application does not guarantee acceptance for services, employment, referral, benefits, training credit, or any other program.
17. Employment and Career Information
Job postings and career information on this website are provided for informational and recruiting purposes.
A job posting does not constitute an employment contract or promise of employment.
Submission of an employment application does not guarantee an interview, employment, assignment, schedule, compensation level, or continued employment.
Employment relationships remain governed by applicable employment documents, policies, agreements, and law.
18. Referrals
Information submitted through a referral form is used to help Marigold understand the general nature of the referral and determine appropriate next steps.
Submission of a referral does not guarantee acceptance into services.
Referral sources should submit only information they are legally authorized to disclose.
Sensitive records or detailed medical information should not be uploaded through a general referral form unless the form is specifically designated and secured for that purpose.
19. Intellectual Property
Unless otherwise stated, website content, training materials, text, graphics, course materials, branding, videos, downloadable resources, and other materials provided by Marigold are owned by or licensed to Marigold and are protected by applicable intellectual property laws.
Authorized users may use training and website materials for their intended Marigold-related purpose.
Users may not reproduce, sell, publish, distribute, upload, share externally, or commercially exploit restricted Marigold materials without authorization.
20. Third-Party Websites and Services
The website may contain links to third-party websites, platforms, government resources, payment systems, training resources, or other external services.
Marigold does not control all third-party websites and is not responsible for their content, availability, security, privacy practices, or terms.
Users should review the privacy and legal terms of third-party services before providing personal information.
21. Availability of Website and Portal Services
Marigold may modify, suspend, restrict, or discontinue any website, portal, course, feature, or online service when reasonably necessary.
We do not guarantee that the website or portal will be continuously available or free from technical interruptions.
Users remain responsible for meeting employment, training, service, or compliance deadlines even when a website issue occurs and should promptly contact Marigold if a technical problem prevents completion of a required activity.
22. Prohibited Uses
You may not use the website or portal:
- For unlawful, fraudulent, abusive, or deceptive purposes;
- To impersonate another individual;
- To access information without authorization;
- To disclose confidential information improperly;
- To transmit malicious software;
- To disrupt website operations;
- To falsify course or employment records;
- To submit another person’s protected information without authority;
- To harass or threaten another person; or
- In any manner that violates Marigold policy or applicable law.
23. Disclaimer of Website Warranties
To the extent permitted by law, the website and its general informational content are provided on an “as available” basis.
Marigold makes reasonable efforts to maintain accurate and useful website information but does not warrant that every page will always be complete, current, error-free, uninterrupted, or suitable for every individual’s circumstances.
Nothing in these Terms limits responsibilities or rights that cannot legally be limited under applicable law.
24. Limitation of Liability
To the extent permitted by applicable law, Marigold will not be responsible for indirect, incidental, consequential, or similar damages resulting solely from the use of or inability to use the public website.
This section does not waive or limit any responsibility that cannot lawfully be waived or limited, and it does not modify obligations arising under a separate client service agreement or other written agreement with Marigold.
25. Separate Agreements
These Website Terms do not replace:
- A client service agreement;
- Plan of care or service plan;
- Employment agreement or employment policies;
- Business associate agreement;
- Referral agreement;
- Authorization or consent;
- Notice of Privacy Practices;
- Employee handbook;
- Confidentiality agreement; or
- Any other agreement specifically applicable to a particular Marigold relationship.
If another applicable agreement directly conflicts with these Terms regarding the subject matter of that agreement, the more specific agreement will govern that subject matter.
26. Changes to These Terms
Marigold may revise these Terms periodically to reflect changes in the website, services, security practices, law, regulations, or organizational policies.
The current version will be posted on this website with an updated effective or revision date.
Continued use of the website after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by law.
27. Governing Law
These Terms are governed by applicable federal law and the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except where another law is required to apply.
28. Questions About These Terms
Questions regarding these Terms, website access, privacy, training access, or restricted areas may be directed to:
Marigold
827 N. Franklin Street
Philadelphia, PA 19123
Phone: (215) 978-1300
Email: [Insert Official Marigold Email Address]
For privacy-related questions, complaints, or requests involving protected health information, please use the contact information provided in Marigold’s applicable Notice of Privacy Practices rather than submitting detailed medical information through a general website form.