The effective date of this Agreement is July 6, 2013.
1. Acceptance of Terms
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE CAREGUIDE SITE OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE OR THE CAREGUIDE SITE, OR DOWNLOADING ANY MATERIALS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS.
IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT ACCESS, USE OR BROWSE THE CAREGUIDE SITE; CAREGUIDE DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE OR BROWSE THE CAREGUIDE SITE OR THE SITE MATERIALS.
We reserve the right to update these Terms from time to time, so please check them periodically. You shall be responsible for reviewing and becoming familiar with any such modifications and your viewing or using all or any part of the Service or the CareGuide Site constitutes your consent to such modifications. Such modifications are effective immediately upon first posting or notification.
2. The Service
CareGuide provides users with access to a collection of on-line resources on the site; you are entering into a legally binding agreement with Renewal Care Foundation located at 52 Vanderbilt Avenue, Floor 14, New York, NY 10017. Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Although portions of the CareGuide Site may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from CareGuide you need to sign on as a guest or register as a member of CareGuide. Registering as a member will allow you to access certain services that are not available to guests.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: share comments and questions with other CareGuide users; search the CareGuide database for information; access and post information on the CareGuide Site, forward information to people you know, whether or not they are existing CareGuide users; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages, and other materials available via the Service, and other items displayed on the CareGuide Site (“Content”), for your personal use. You may not copy or distribute any portion of the CareGuide Site and/or the Service for any purpose not authorized above without the express written permission of CareGuide. CareGuide does not guarantee the accuracy, integrity, or quality of such Content.
YOU UNDERSTAND THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL CAREGUIDE BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT. YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE CONTENT YOU SUBMIT VIA THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE CONTENT, INTEGRITY, AND ACCURACY OF SUCH CONTENT.
CareGuide reserves all rights with respect to the Service and the CareGuide Site not expressly specified herein.
To be eligible to use the Services, you must be (a) not currently restricted from the Services, or not otherwise prohibited from having a CareGuide account, (b) are not a competitor of CareGuide or are not using the Services for reasons that are in competition with CareGuide; (c) will only maintain one CareGuide account at any given time; (d) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (e) will not violate any rights of CareGuide, including intellectual property rights such as copyright or trademark rights; and (f) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. CareGuide does not solicit visitors who are children to become a member of CareGuide Site and does not permit anyone under the age of 13 to become a member of CareGuide Site. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms. If you do not so qualify, do not use the Service or the CareGuide Site. Membership in the Service is void where prohibited by applicable law, and the right to access the CareGuide Site is revoked in such jurisdictions. By using the CareGuide Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The CareGuide Site is administered in the US and intended for US users; any use outside of the US is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Service or the CareGuide Site.
3. License and Warranty for Your Submissions to the CareGuide Site
A. Rights Granted to CareGuide: By uploading or inputting User Content (defined below), or agreeing to have such information uploaded or inputted on your behalf by Careguide, to any part of the CareGuide Site you hereby acknowledge and agree that you are granting CareGuide (including without limitation, its affiliates, licensees, successors and assigns (the “Beneficiaries”)), the perpetual and irrevocable, worldwide, non-exclusive, royalty-free, fully paid up right and license to: (a) use, copy, create derivative works from, license, modify, adapt, publish, translate, reproduce, distribute, display, exhibit, host, cache, store, “fingerprint” (through use of content recognition technology), archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create derivative works from, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, create algorithms based thereon, and transcode the User Content to appropriate media formats, standards or mediums (in each of the foregoing cases, in whole or in part); and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the User Content (in whole or in part and as altered by CareGuide in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on the CareGuide Site, on other websites, in any media format or medium and through any media channels and for any purpose all without further notice to, consent from or payment to you. You hereby irrevocably waive any and all “moral rights” you may have in the Content.
CareGuide may, but is not obligated to review User Content prior to the content’s posting to any area of the CareGuide Site, including any private profile. Content posted by any user to the CareGuide Site does not reflect the opinions or views of CareGuide. CareGuide makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other CareGuide members through any CareGuide service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY AREA ON THE CAREGUIDE SITE, YOU HEREBY EXPRESSLY PERMIT CAREGUIDE TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE USER CONTENT, UNLESS YOU OTHERWISE NOTIFY CAREGUIDE’S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
4. No Endorsement; No Affiliation
Due to the complex and ever-changing senior living and healthcare delivery landscape, we exercise no independent judgment as to the quality of the provider(s), nor do we endorse or promote any provider(s). We do not provide specific advice regarding which provider(s) you should use and you should only make decisions regarding service providers after consulting with them, your family members and other knowledgeable sources, based on your specific needs, after a thorough review and investigation.
5. No Professional Advice
CareGuide and the CareGuide Site cannot and will not be a substitute for doctors, attorneys, licensed geriatric/eldercare specialists, and financial advisors. The information contained in the CareGuide Site may include content that relates to medical, legal, financial, or other professional matters. It is provided for informational, educational, and discussion purposes only and should not be used, interpreted, or relied upon as professional medical advice, diagnosis, or treatment; legal; financial, tax, or professional advice; or advice regarding which service providers you should use. You should consult with a medical doctor, attorney, financial, tax, and other professional if you need assistance with matters that fall into their area of expertise. Never disregard professional medical advice or delay in seeking it because of something you have read on the CareGuide Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
6. Privacy and Consent to Communications
8. User Conduct
In your use of the Service or the CareGuide Site, you agree not to:
(i) Upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(ii) Harm minors in any way, or seek or recommend providers of material that exploits people under the age of 18 in a sexual or violent manner, or seek or recommend providers that solicit information from anyone under 18;
(iii) Post information that is pornographic or sexually explicit in nature;
(iv) Post false or intentionally misleading information;
(v) Provide any posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by CareGuide;
(vi) Provide any posted Content that is unlawful or that promotes or encourages illegal activity;
(vii) Impersonate any person or entity, including, but not limited to, a CareGuide official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(viii) Upload, post, or otherwise transmit any Content that you do not have a legal right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(ix) Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, trade secret, or other proprietary rights of any party, or remove any copyright, trademark, or other proprietary rights notice contained in the CareGuide Site, the Service, or in any Content;
(x) Upload, post, or otherwise transmit any material that contains software viruses, worms, defects, Trojan Horses or any other computer code, files, or programs of a destructive nature designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(xi) Interfere with or disrupt the Service or the CareGuide Site or servers or networks connected to the Service, use any device, software, or routine that interferes with the proper working of the Service or the CareGuide Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(xii) Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
(xiii) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the CareGuide Site and/or Service;
(xiv) Create or submit unwanted email or messaging to any other CareGuide user or otherwise interfere with the enjoyment of other Members or Users of the CareGuide Site or the Service;
(xv) Modify, adapt, sublicense, translate, sell, decompile, disassemble, or reverse engineer any portion of the CareGuide Site and/or the Service;
(xvi) Access, retrieve, or index any portion of the CareGuide Site and/or Service for purposes of constructing or populating a searchable database of business reviews;
(xvii) Reformat or frame any portion of the web pages that are part of the CareGuide Site and/or Service;
(xviii) Use of the CareGuide Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, or take any action that imposes or may impose, in CareGuide’s sole discretion, an unreasonable or disproportionately large load on CareGuide’s IT infrastructure; or
(xix) Copy or store any Content offered on the CareGuide Site for other than your own use.
You understand and agree that CareGuide may, but has no obligation to, review and may delete any business listings (including but not limited to business name, address, phone, fax, distance, reviews, rating) or other posted Content that in the sole judgment of CareGuide violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the CareGuide Site and/or other website users.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g., hyperlinks provided in connection with CareGuide’s RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by CareGuide.
9. Sign-In Credentials
You agree to: (a) keep your password secure and confidential; (b) not permit others to use your account; (c) refrain from using other users’ accounts; (d) refrain from selling, trading, or otherwise transferring your CareGuide account to another party; and (e) refrain from charging anyone for access to any portion of CareGuide, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove to CareGuide’s satisfaction that your account security was compromised due to no fault of your own.
You agree to indemnify and hold CareGuide, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, related to all third party claims, charges, and investigations arising out of (a) Content posted, uploaded, or otherwise transferred by you, (b) your use of the Service, (c) your connection to the Service, (d) your violation of the Terms, or (d) your violation of any rights of another.
11. Modification and Termination
You agree that CareGuide may, in its sole discretion and without notice, terminate your use of the Service, the CareGuide Site or use of any other Service, and remove and discard any Content within the Service or the CareGuide Site, for any reason, including, without limitation, for lack of use or if CareGuide believes that you have violated or acted inconsistently with the letter or spirit of these Terms. CareGuide may also, in its sole discretion and at any time, discontinue providing or modify the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice. Further, you agree that CareGuide shall not be liable to you or any third-party for any modification of the Service termination of your access to the Service.
The Service and the CareGuide Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CareGuide has no control over such sites and resources, you acknowledge and agree that CareGuide is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT CAREGUIDE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
13. CareGuide Proprietary Rights
You agree that all Content and materials delivered via the Service or otherwise made available by CareGuide are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by CareGuide in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at CareGuide’s website for your personal use; provided, however, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other Content from the CareGuide Site to create or compile, directly or indirectly, a collection, database or directory without written permission from CareGuide is prohibited.
Reproducing, copying, or distributing any Content, materials, or design elements on the CareGuide Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of CareGuide. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. CareGuide grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided, however, that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CareGuide for use in accessing the Service. CareGuide hereby reserves all rights not otherwise expressly granted in this Section 14.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAREGUIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CAREGUIDE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MESSAGES, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH CareGuide TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
(b) CAREGUIDE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, CareGuide DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
(c) CAREGUIDE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAREGUIDE OR THROUGH OR FROM THE SERVICE, OR ANY OTHER MEMBER OR USER OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
READERS ARE ADVISED THAT CAREGUIDE DOES NOT WARRANT THE SERVICES PROVIDED BY ANY SERVICE PROVIDER LISTED ON THE SITE. IT IS UP TO THE PARTIES INVOLVED TO CHOOSE THE PROVIDER BEST SUITED FOR THEM. CAREGUIDE IS NOT INVOLVED IN THE SELECTION PROCESS.
YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE CHOOSING A PROVIDER LISTED ON THE CAREGUIDE SITE.
15. User-to-User Communication and Sharing
CareGuide may from time to time allow users to communicate with each other through various features on the Website, where you can post your observations, events and comments on designated topics. CareGuide also enables sharing of information by allowing users to post updates, including links to news articles and other content to the CareGuide Site. CareGuide may remove user-created communication and content from the CareGuide Site if the content violates this Agreement or others’ intellectual property rights.
Please note that ideas you post and information you share may be seen and used by other users, and CareGuide cannot guarantee that other users will not use the ideas and information that you share on CareGuide. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to on the CareGuide Site. CAREGUIDE IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY CAREGUIDE COMMUNITY FORUMS.
You are solely responsible for any interaction with other members or visitors of the CareGuide Site. CareGuide reserves the right but shall have no obligation to monitor disputes between you and any other member of the CareGuide Site.
16. Limitation of Liability
IN NO EVENT SHALL CAREGUIDE (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS, OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS, OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF CAREGUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, AND OR EMOTIONAL DISTRESS AND DISCOMFORT. USERS ASSUME ALL RISK OF SUCH DAMAGES, IF ANY, THAT OCCUR AS A RESULT OF SUCH DAMAGES INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE CAREGUIDE SITE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO NEGLIGENT, GROSSLY NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS OF INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE OR THE CAREGUIDE SITE, OR OTHER THIRD PARTIES.
17. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the CareGuide Site.
19. Copyright Dispute Policy
CareGuide has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of CareGuide’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.
A. CareGuide Policy
It is CareGuide’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (b) remove and discontinue service to repeat offenders.
B. Procedure for Reporting Copyright Infringements
If you believe that material or Content residing on or accessible through the CareGuide Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
(ii) Identification of works or materials being infringed;
(iii) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that CareGuide is capable of finding and verifying its existence;
(iv) Contact information about the notifier including address, telephone number and, if available, email address;
(v) A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
C. Upon Receipt of a Bona Fide Infringement Notification
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is CareGuide’s policy:
(i) To remove or disable access to the infringing material;
(ii) To notify the Content provider, member or user that it has removed or disabled access to the material; and
(iii) That for repeat offenders, CareGuide will also terminate such Content provider’s, or user’s access to the service.
D. Procedure to Supply a Counter-Notice to the Designated Agent
If the Content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to the Designated Agent listed below:
(i) A physical or electronic signature of the Content provider or user;
(ii) Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
(iii) A statement that the Content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
(iv) The Content provider’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which CareGuide is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, CareGuide may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed material may be replaced or access to it restored after receipt of the counter-notice, at CareGuide’s discretion.
Please contact CareGuide’s Designated Agent to Receive Notification of Claimed Infringement by email at firstname.lastname@example.org or at the following address:
Careguide Compliance Team
c/o Renewal Care Foundation
52 Vanderbilt Ave, Floor 14
New York, NY 10017
21. General Provisions
These Terms (and the documents incorporated by reference herein) constitute the entire agreement between you and CareGuide and govern your use of the Service, superseding any prior agreements between you and CareGuide (including, but not limited to, any prior versions of these Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with CareGuide’s prior written consent. CareGuide may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other Services, third-party Content or third-party software. The Terms and the relationship between you and CareGuide shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and CareGuide agree to submit to the personal and exclusive jurisdiction of the courts located within The City of New York, New York. The failure of CareGuide to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
22. Venue Only
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Service, such activity is solely between you and the applicable third party. CareGuide shall have no liability, obligation or responsibility for any such activity. You hereby release CareGuide from all claims arising from such activity.
23. Trademarks and Copyrights
CareGuide and the CareGuide logo and CareGuide.org and the CareGuide.org logo are proprietary service marks of CareGuide. ©2013 Renewal Care Foundation. All rights reserved.
By using the CareGuide Site and the Service, you agree that damages shall be an inadequate remedy in the event you breach these Terms and any such breach will cause CareGuide great and irreparable injury and damage. Accordingly, you agree that CareGuide shall be entitled, without waiving any additional rights or remedies otherwise available to CareGuide at law or in equity or by statute, to injunctive relief in the event of a breach or intended or threatened breach by you.
Please report any violations of the Terms by email to email@example.com, or by mail:
Careguide Compliance Team
c/o Renewal Care Foundation
52 Vanderbilt Ave, Floor 14
New York, NY 10017