ACCEPTANCE OF TERMS
USE OF SITE
Harassment in any manner or form on the Site, including via email, or submitting reviews, and/or posting of messages or by threatening, obscene, or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors on the Site is strictly prohibited. You may not distribute, upload to, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. Any information you contribute, upload, or transmit via the Site is subject to review by the Company. The Company or its employees may remove or edit information from the Site for any reason without notice.
You may display and, subject to any expressly stated limitations or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content from the different areas of the Site solely for your own noncommercial use. Any other use of Content, including but not limited to the modification, reproduction, distribution, republication, display or transmission of Content, without prior written permission of the Company is strictly prohibited.
If you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
a. You authorize us to continue billing and store your payment method (e.g. credit card) even after it has expired to avoid interruptions in your service (e.g. subscriptions) and to provide easy payment for new services.
b. You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period. You may cancel or change your Premium Services by calling our office and requesting your account be terminated, or by emailing us at: firstname.lastname@example.org
c. Taxes and fees are calculated based on the information that you provide us at the time of purchase.
NOTICES AND SERVICE MESSAGES
By using the Site, you are okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile and tablet applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide is not current, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. By using the Site you agree to keep your contact information up to date. To discontinue messages from us, simply go to your Settings and deactivate your account. By accessing Premium Services, you agree to accept all notices during the full term of your subscription.
MESSAGES AND SHARING
Our Services may allow messaging and sharing of information in many ways, such as your care network, links to care listings, news articles, reviews and messages. Information and content that you share or post may be seen by other Users or, if public, by Visitors. Some activities, such as sending messages, are by default private, only visible to the addressee(s). We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
Company reserves the right to limit your use of the Content or Services, including the number of listings you claim, Content you post and your ability to contact other Users. Company reserves the right, with or without notice, to restrict, suspend or terminate your account if Company believes that you may be in breach of this Agreement or law, or are misusing the Services.
The Company does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) in violation of any law or regulation or (e) offensive or otherwise unacceptable to the Company at its sole discretion.
WE ARE NOT HIPAA COMPLIANT
The purpose of the Services is to acquaint the online community with care providers, their services, staff, facilities, and affiliates. The information, materials, services, products, messages, and other content contained on this site are provided for general informational purposes and education only. Such content is not intended to be a substitute in any way for obtaining medical advice and treatment from a competent physician or other health care practitioner, and should not be used as a substitute for personal due diligence in selecting a care provider. You should not take any health care action based upon the content of the Site without first obtaining appropriate guidance from a physician or other health care practitioner. Giving, receiving, or using the content on this site does not constitute, create, or recommend a caregiver in any way.
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical information or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Company does not control or monitor the information or data you store on, or transmit through, our Services. We explicitly disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Company is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact email@example.com immediately.
In order to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third parties other than the Company (the “External Sites”). However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Company. The Company has no liability or responsibility for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are provided only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. Links do not imply that the Company sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, the Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
The Company makes no warranties or representations about the completeness or accuracy of this Site’s content or the content of any site or External Sites. The Company does not filter any content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Site, unless you have received express written permission from the Company. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Site and provide an index with links to the Site’s web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
All trademarks, service marks, trade names and tradedress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to the Company or other respective owners that have granted the Company the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of the Company, and you may not remove or otherwise modify any trademark notices from any Content.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. The Company respects the intellectual property of others, and we ask our users and visitors to do the same. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, the Company will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company with the following information. Please be advised that to be effective, the notification must include ALL of the following:
· a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
· a description of the copyrighted work that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Site;
· your address, telephone number, and email address and all other information reasonably sufficient to permit the Company to contact you;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Care Papers, Inc.
ATTN: Compliance Officer
with a facsimile copy to: +001-206-981-2442
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS ($10).
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions (including negligent or wrongful conduct), by you.
The Company makes no representation that the Content is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Washington do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Washington.
NO CLASS ACTIONS
You may only resolve disputes with Company on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.