This Agreement by and between you and Caring Village governs your access and use of the Site and any Content or other information made available to you through the online platform for families and caregivers (collectively, the “Services”). By continuing to use this Site, you agree to comply with all applicable laws and regulations in your use of the Services.
- License and Use Restrictions. Subject to the terms and conditions of this Agreement, Caring Village hereby grants to you the non-transferable, nonexclusive, limited license to access and use the Services of personal, non-commercial, reference, education, research or training purposes, without any right to re-license, sublicense, distribute, assign or transfer such rights. You shall not (a) copy or duplicate, in whole or in substantial part, the Services; (b) distribute, transmit, publish, transfer, sell or commercially exploit in any way the Services, in whole or in part; (c) reproduce (except as expressly permitted by “fair use” principals of applicable copyright law), redistribute or publish any Content without the express permission of Caring Village; (d) reverse engineer, decompile or modify the Service, in whole or in part; (e) use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services or any other products or services provided by Caring Village and its affiliates; or (f) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site. Caring Village may update, modify, or replace the Services (including the Content therein) from time to time. Caring Village reserves the right to discontinue offering access to the Services or any Content therein. Caring Village will use commercially reasonable efforts to provide advance notice of any such discontinuation.
- Proprietary Rights. All information, graphics, photographs, videos, format, design, the user interface and other copyrighted material on the Site (collectively, “Content”) are protected by copyright law and other intellectual property laws, and are owned by Caring Village or its affiliates. You may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way. All copyright and other proprietary notices and markings must be retained and reproduced in their entireties on any copy of any Content on the Site. The Site, including its operation, interface and Content, are protected by the copyright laws of the United States and other international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the prior written consent of Caring Village Any breach of this Agreement shall immediately terminate the license and rights granted by Caring Village hereunder, and may subject you to civil and/or criminal prosecution.Caring Village™, and are trademarks of Caring Village, LLC or its affiliates. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Application are the property of their respective owners and appear through the courtesy of, or a license from, such owners. All marks are protected by law, including without limitation United States laws regarding trademark and unfair competition. You are not permitted to use any logo or other proprietary graphic or trademark of Caring Village or its affiliates or other partners without first obtaining the express written consent of Caring Village and the applicable affiliate or partner. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.
- Registration. In order to access certain features of the Site and utilize the Services, you have to create a User Account with Caring Village (“User Account”). You will need to create an Account in order to customize your Site experience and view more relevant information. To create an Account, you must be a legal resident of the United States and at least 18 years of age at the time of registration. If you register, you will be asked to provide an email address, name and location details. Caring Village will then provide you with a unique username and password to enable you to access User Account. There is also an optional social login option available for user convenience.You agree that the information you provide Caring Village will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement; and (ii) electronic records to store information related to this Agreement or your use of the Site.
- Security and Password. You agree not to disclose your User Account details, including your username and password, to anyone else and that you will be solely responsible for any activities or actions taken under your User Account, whether or not authorized by you. Please notify Caring Village immediately of any unauthorized use of your Account. Caring Village is not liable for any loss or damage from your failure to comply with these requirements.
- Privacy. In order to provide a relevant user experience, Caring Village collects and uses personal information from you when you use the Site. Please see Caring Village’s http://caringvillage.com/privacy-policy/ for more information and details.
- Payment of Fees. If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card or debit card provided to us at activation. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the due amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.You agree that until your membership to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
(b) that infringes or misappropriates the copyright, patent, trademark, trade secret or other proprietary right of a third party;
(c) that violates any law, statute, ordinance or regulation;
(d) that is or may reasonably be considered libelous, defamatory, hateful, obscene, pornographic, abusive, offensive, threatening, unlawful, or harassing;
(e) that contains any virus, worm, malware or other potentially damaging programs or data; or
(f) that impersonates any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity.
(g) that distributes any “spam,” advertising or solicitation of funds or goods and services or solicit users to join competitive online services.You agree that, in submitting User Content, you will only submit User Content that is reasonably related to the subject matter of the online discussion or Site, as applicable. You are expressly prohibited from using our Site to post or transmit any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You agree that you will not upload, email or otherwise transmit any User Content that invades the privacy of any third party or disseminate User Content that impacts or invades the privacy of others, or that reveal personal, private or sensitive information about another person, without that person’s consent. You agree that you will not seek to obtain access to any Content or information through “hacking,” “data harvesting” or through other means we have not intentionally made available to you through the Site.
We neither endorse nor assume any liability for the Contents uploaded or submitted by third party users of the Site. We do not prescreen User Content that Users are allowed to submit on specific areas of the Site. Caring Village, in its sole discretion, shall have the right to edit, refuse, remove or move any User Content from the Site. When you access User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content. We have no obligation to respond to any User Content, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on online chats or bulletin boards which we may include on the Site.
You acknowledge that the Health Insurance Portability and Accountability Act (“HIPAA”) and various state health information privacy laws generally do not apply to User Content. Although HIPAA and state law may apply to User Content received by licensed healthcare providers, these laws do not generally apply to unlicensed individuals, including Caregivers.
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded Content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off and terminate accounts which have not paid a subscription fee and/or that are inactive for an extended period of time.
- Third Party Materials. Links to third party websites through the Site, if any, are provided solely as a convenience to you. Caring Village is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and Caring Village makes no warranty as to the accuracy of any such information. Caring Village has not reviewed any third party websites accessible through such links and does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Caring Village does not endorse or make any representations about third party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If you access any third party websites linked to the Application, you do so entirely at your own risk. You acknowledge and agree that Caring Village is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites or links to third party websites.
- Digital Millennium Copyright Act (“DMCA”) Notice. Content on the Site may be from third parties not within Caring Village’s control. Caring Village is under no obligation to, and does not, scan Content used in connection with the Site for the inclusion of illegal or impermissible content. However, Caring Village respects the copyright interests of others and, as a policy, does not knowingly permit Content herein that infringe another party’s copyright. If you believe any Content on the Site infringe a copyright, You should provide us with written notice that at a minimum contains:• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Copyright Agent for Caring Village, LLC
[Office of the General Counsel]
2300 Wilson Blvd. Suite 420
Arlington, VA 22201
Caring Village may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
- Professional Advice Disclaimer. Caring Village provides information (for example, health, legal, and financial) for informational purposes only, which should not be construed as advice. The information provided in this Site, or through links to other third party sites, is not a substitute for obtaining proper medical, legal, financial or other professional care or services. We are not engaged in providing professional medical, legal or financial advice via this Site or otherwise. You should not view the information provided on this Site as a substitute for medical, legal, or financial advice offered by a licensed professional or otherwise, and if necessary, you should seek the advice of a licensed medical, legal, or financial professional, as applicable. No action should be taken based upon any the professional information contained in the Site. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information contained within the Site. Caring Village does not warrant the accuracy, completeness or currency of the information provided on and made available through this Site. Caring Village does not accept any liability for any injury, loss or damage incurred by use of or reliance on the information contained within the Site. Publication of the Content appearing on this Site does not necessarily constitute an endorsement of the views expressed therein, and does not constitute a warranty or guarantee of any strategy, advice, recommendation, treatment, action, or medication. In addition, the materials on this site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). Use of Forms does not constitute legal, accounting or other professional advice.This Site should not be construed as providing specific instructions for individual patients, nor as a substitute for the diagnosis, treatment and advice of a medical or other professional. Any content contained on this Site should not be used to determine treatment for a specific medical condition. Health content does not cover all possible uses, precautions, side effects and interactions, and should not be construed as a representation or assurance that any drug or procedure is safe, appropriate or beneficial. Talk to a licensed doctor or pharmacist before using any prescription or over the counter drugs, including any herbal medicines or supplements. Only a licensed doctor or pharmacist can provide you with advice on what is safe and effective for you. You should also check the product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement referenced or mentioned on this Site.For specific legal advice to rely on, you should seek advice from a lawyer, rather than this Site. Any legal information provide on this Site does not constitute legal advice. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the legal information contained in or linked to this Site. Legal advice must be tailored to the specific circumstances of each matter, and laws frequently change. Nothing provided in this Site should be used as a substitute for the advice of competent legal counsel.This Site does not make any recommendation or endorsement as to any financial investment, advisor or other service or product, or to any financial material submitted by third parties or linked to this website. In addition, this Site does not offer any advice regarding the nature, potential value or suitability of any particular investment, security or investment strategy. The financial information provided on this Site may not be suitable for your particular circumstance. If you have any doubts you should contact a qualified financial advisor. This Site does not make recommendations for buying or selling any securities. It is up to users of this Site to make their own financial decisions, and if necessary to consult with a qualified financial advisor when evaluating the information on this Site.
- Disclaimer of Warranties. THE SERVICES, INCLUDING ALL CONTENT THEREIN IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CARING VILLAGE AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. CARING VILLAGE AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE WEBSITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS SErVICE. THE CONTENTS OF THIS WEBSITE MAY BE OUT OF DATE, AND CARING VILLAGE MAKES NO COMMITMENT TO UPDATE THE CONTENTS AT THIS WEBSITE. CARING VILLAGE DOES NOT WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS WEBSITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. CARING VILLAGE DOES NOT WARRANT THAT THIS WEBSITE, SOFTWARE, CONTENTS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS WEBSITE, SOFTWARE, CONTENTS, PRODUCTS, OR SERVICES WILL BE CORRECTED.
- Limitation of Liability. IN NO EVENT WILL CARING VILLAGE AND ITS LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR ANY CONTENT CONTAINED IN THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WHILE YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, IF CARING VILLAGE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, CARING VILLAGE’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED the fee for a one month subscription to the site. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, CARING VILLAGE AND ITS LICENSORS WOULD NOT PROVIDE THE WEBSITE OR THE CONTENT ACCESSIBLE THEREIN.
- Indemnification. Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including reasonable attorney’s fees and costs that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- International Use. Although this site may be accessible worldwide, we make no representation that Content on this site is appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Without limiting any provisions of this Agreement, Caring Village makes no representation that the Site is appropriate or available for use in other locations, and access to it from territories where they are illegal is prohibited. Those who choose to access this site from other locations access the Site on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
- Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback”). You may submit Feedback by emailing us at [email address], or via the [link] on the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without any compensation to you of any kind.
- Miscellaneous. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Caring Village’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Caring Village in writing. This Agreement may be assigned in whole or in part by Caring Village at any time. This Agreement may not be assigned in any manner by you without the express, prior written permission of Caring Village. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to the principles of conflict of law thereof, and excluding the United Nations Convention on Contracts for the International Sale of Goods. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Virginia (the “Virginia Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Virginia Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Virginia Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
- Contact Information. To contact Caring Village, LLC about this Agreement or to provide any other notice, send such notice via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com , if by email, or Caring Village, LLC Agreement Inquiries, 2300 Wilson Blvd. Suite 420, Arlington, VA 22201 if by conventional mail.