Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE.

 

Care Papers, Inc., DBA Care Listings. (the “Company,” “we” or “our”), as a convenience to you grants you, (“User” or “Customer”) access to its website, accessible via https://carelistings.com (the “Site”), conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”).  For the purposes of these Terms of Use, “Content” or “Service” means, collectively, any content, including, without limitation any text, source code, software, applications, specifications, images, audio files, articles, and other content or information available through the Site.

 

These Terms of Use are effective upon your access and use of the Site. You are also subject to the Company’s Privacy Policy. You agree that the Company may alter, modify, update or terminate these Terms of Use and/or the Privacy Policy at any time and from time to time, with or without notice to you. When you browse, use or access the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them.  It is your responsibility to regularly review these Terms of Use. Your continued use of the Site after such modifications, updates or alterations, as the case may be, signifies your agreement to be bound by such modifications, alterations or updates. The provisions relating to Copyrights, Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, and General shall survive any termination.

 

These Terms of Use are effective as of April 24, 2018.

 

ACCEPTANCE OF TERMS

Please read these Terms of Use and the Company’s Privacy Policy carefully.  By accessing or using the Site, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy.  If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately.

 

USE OF SITE

Unless otherwise specified, the Site is for your personal use only. You may not (a) copy, modify, distribute, transmit, perform, display, reproduce, publish, license, create derivative works of, transfer, or sell any Content whatsoever; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any servers or systems on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the 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.

 

PAYMENT

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: info@carelistings.com

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.

 

LIMITS

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.

 

USER SUBMISSIONS

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.

 

Any personally identifiable information you transmit to the Site will be treated by the Company in accordance with the Company’s Privacy Policy. Except for any such personally identifiable information, any material, information or other communication you submit to this Site including any ideas, comments, suggestions, data or the like (“Communications”) will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication.  By submitting Communication to Company, you agree Company is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form.  The Company and its designees will be free to disclose, copy, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

 

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 info@carelistings.com immediately.

 

THIRD-PARTY LINKS

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.

 

DISCLAIMER

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.

 

THIS SITE AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO THE COMPANY THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

 

AUTOMATED QUERIES

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.

 

COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of the Company and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with the Company’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, the Company grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content.  Any Content owned by the Company’s licensors may be subject to additional restrictions.

 

TRADEMARKS

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

            notices@carelistings.com

            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).

 

INDEMNIFICATION

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.

 

APPLICABLE LAWS

Your use of this Site shall be governed in all respects by the laws of the State of Washington, U.S.A., without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be exclusively in the state or federal courts located in the State of Washington.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.  The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  The Company may assign its rights and duties under this Agreement to any party at any time without notice to 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.

 

GENERAL

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use, our Privacy Policy or any use of the Site.  The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use, or our Privacy Policy is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.  These Terms of Use, and our Privacy Policy constitute the entire agreement between you and the Company with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site.  We may provide notice to you hereunder by posting announcements to the Site. 

 

NOTICES

Please send all notices by email to: notices@carelistings.com or by facimilie: 206-981-2442