Date of last revision: February 22, 2019.
These terms and conditions of use (“Terms”) govern your access to, and use of, Care Papers, Inc., d/b/a CareListings.com (“Company”) web-services, mobile applications, products, and services that link to or reference these Terms (collectively referred to as the “Services”), so please read them carefully.
By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with Care Papers, Inc., a State of Washington corporation headquartered in Seattle, Washington (“Care Papers”). Do not access or use the Services if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Services. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Services. "We," "us," and "our" refer to the Company. A “facility” is a “user” of products and/or services that We partner with to provide Services.b. Content
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Services, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Company Content" means Content that we create and make available in connection with the Services. "Third Party Content" means Content that originates from parties other than Company or its users, which is made available in connection with the Services. "Service Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Company Content.
2. USE OF SERVICE. Unless otherwise specified, the Service 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 Service as expressly permitted in these Terms, access or attempt to access any servers or systems on which the Service is hosted, or modify or alter the Service 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 Service.
Harassment in any manner or form on the Service, 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 Service is strictly prohibited. You may not distribute, upload to, or otherwise publish through the Service 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 Service or use the Service 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 Service is subject to review by the Company. The Company or its employees may remove or edit information from the Service 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 Service 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.
3. PREMIUM SERVICES. We offer optional Premium Services for users. By selecting a Premium Service, you agree to pay Us the subscription, or usage fees, indicated for that service. Payments for subscription services will be charged on the day your Premium Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly and/or annual payments will continue to be charged to your credit card on a recurring basis until you cancel your service. The amount of the monthly and/or annual recurring charge will be the then-current subscription fee applicable to the Premium Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Premium Services other than advertising or websites must be cancelled prior to your monthly or annual renewal in order to avoid billing of the next month's or next annual’s Premium Service fee. For advertising services or websites, or We must receive written notice of your cancellation or reduction in service at least thirty (30) days in advance of the monthly renewal date on which you wish to make the cancellation or reduction effective. All cancellations or reductions of advertising services must be received in writing by email (firstname.lastname@example.org). Premium Service fees are not prorated or refundable.
If your payment method fails, or your account is past due, We reserve the right to either suspend or terminate your Premium Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Premium Services. You agree to submit any disputes regarding any charge to your account in writing to Us within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Premium Services may include the publication of advertising or website content you provide to us (the “Premium Services Content”). You retain all rights in, and are solely responsible for, the Premium Services Content posted on your website supported by Us. You give Us, our affiliates, providers of third party services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Premium Services Content (in whole or in part) in providing the Services. Taxes and fees are calculated based on the information that you provide us at the time of purchase.
4. NOTICES AND SERVICE MESSAGES. By using the Service, you are okay with us using our website, 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; (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or email. By using the Service, 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.
5. MESSAGES AND SHARING. Our Services may allow messaging and sharing of information in many ways, such as your caregiver listing, 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.
6. 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.
7. USER SUBMISSIONS. The Company does not, and cannot, review all communications and materials posted to or created by users accessing the Service 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 Service, 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 Service. 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; (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 Service will be treated by the Company in accordance with the Company’s Privacy Notice. Except for any such personally identifiable information, any material, information or other communication you submit to this Service 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.
8. 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 within this Service 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 Service without first obtaining appropriate guidance from a physician or other health care practitioner. Giving, receiving, or using the Content on this Service does not constitute, create, or recommend a caregiver or Facility 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.
9. THIRD-PARTY LINKS. In order to provide increased value to our visitors, this Service may contain links to other Services on the Internet that are owned and operated by third parties other than the Company (the “External Services”). However, even if the third party is affiliated with the Company, the Company has no control over these linked Services, 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 Services 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 Services. Nonetheless, the Company seeks to protect the integrity of its Service and the links placed upon it and therefore requests any feedback on not only its own Service, but for Services it links to as well (including if a specific link does not work). You should contact the Service administrator or Webmaster for those External Services if you have any concerns regarding such links or the content located on such External Services.
10. DISCLAIMER. The Company makes no warranties or representations about the completeness or accuracy of this Service’s content. The Company does not filter any content that children may view through our Services or “hot-linked” Services, 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.
11. 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 Service, 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 Service and provide an index with links to the Service’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.
13. TRADEMARKS. All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Service 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.
14. 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 as set forth below. 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 Service;
• 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.
15. 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 SERVICE, 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 SERVICE EXCEED TEN DOLLARS ($10).
16. 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.
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 Service 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.
18. MANDATORY ARBITRATION AND DISPUTE RESOLUTION.
Please read this section carefully, as it affects your rights.
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to firstname.lastname@example.org. However, if the Company is not able to informally resolve your complaint, you and Company agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and the Company:
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. mail to: email@example.com or Care Papers, Inc., Attention General Counsel, P.O. Box 19695, Seattle, WA, 98109.
Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically, unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, Company’s principal place of business in King County, WA.
The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.
Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
Small Claims Court. If the claim qualifies, either you or Company may bring an action in small claims court in King County, WA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.
Injunctive relief. Company may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, Company may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms.
Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in King County, WA, and you and Company consent to personal jurisdiction and exclusive venue in such courts.
Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so, neither you nor Company can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: firstname.lastname@example.org.
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.
19. GENERAL. If any provision of these Terms 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 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, our Privacy Notice, or any use of the Service or Services. The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms, or our Privacy Notice is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Company with respect to such use. These Terms, and our Privacy Notice constitute the entire agreement between you and the Company with respect to the Service, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Service. We may provide notice to you hereunder by posting announcements to the Service.
20. NOTICES. Please send all notices by email to: email@example.com or by facsimile: +001-206-981-2442.