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Terms and Conditions of Use
GENERAL
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE By using our website located at the URL,
www.CaringCompanion.net and any other website provided by Caring Companion
Connections, LLC (collectively, this "Website") or placing an order through Caring
Companion Connections, LLC. ("Company", "we", "us", or "our"), you are indicating
your acceptance of the Terms, Conditions, Agreements and other obligations contained
herein and in our Privacy Policies and other policies available on Company's website
(referred to collectively as the "Terms"). If you do not agree with any
part of the Terms, you must not use Company's website. Please note that
the Terms only pertain to your use of Company's website and the information,
documents and content on Company's website. Additional Terms and conditions
may apply to products and services offered by us on Company's website or otherwise.
The Terms are the entire agreement between you and us regarding your use
of Company's website.
The following words used in these Terms shall have the following meanings:
(1) "Personal Information" shall mean all data and/or information
provided by, for and about you. If you are a Client receiving our services, you
and/or your authorized agents or representatives can submit data and/or information
that you provide. Such data and/or information may include personally identifiable
and payment information, plus any relevant private or public agency information
that is linked to Client.
(2) "Company's website" shall mean all web sites on which Caring Companion
Connections, LLC provides products, information and/or services.
(3) " You " shall mean all users of Company's website and products/services,
including Employees, Contractors, the Public or Clients and/or their authorized
agents or representatives.
(4) "Products, Information and Services" shall mean all products, information
and/or services provided by Caring Companion Connections, LLC, its advertisers or
3rd party partners.
(5) "Registration Information" shall mean the Personal Information we
request in the registration process, allowing you to access our products, information
and services.
(6) "Account Profile" shall mean the Company's website page(s) where the
Personal Information that you have provided is displayed, in compliance with your
consent and agreement. It also means your individual account, whether you are an
Employee or Client and/or their authorized agents or representatives.
I. Our Services
A. Caring Companion Connections, LLC is a provider of home health services for the
care of persons with age-related or physically debilitating needs. Company's website
offers information regarding our home health services, staffing services, and editorial
content regarding homecare and staffing newsletters and forums.
B. The information provided in Company's website is not intended to, nor should
it in any way, replace medical consultations with qualified health or medical professionals
to meet a Client's individual health or medical needs. Any information obtained
through Company's website, pertaining to any home healthcare matter, is provided
without the benefit of a thorough professional assessment and evaluation and therefore
cannot be relied upon as a professional opinion or a recommended course of action
in your specific situation. Please keep this in mind while making use of Company's
website and the information, documents and content provided there.
II. Modifications to Terms
or Website
Caring Companion Connections, LLC reserves the right, at any time, without notice,
to modify, alter, update or remove portions of the Terms or Company's website,
without liability to you or any third party. Please check these Terms from
time to time as your continued use of Company's website signifies your acceptance
of any changes, additions or deletions.
III. Restrictions On Use of Website and Its Contents
A. Company's website is owned and operated by Caring Companion Connections, LLC.
All information, documents and content appearing on Company's website, including
without limitation the text, site design, logos, graphics, icons and images, trademarks
and service marks, and copyrighted material, as well as the selection, assembly
and arrangement thereof, are the sole property of Caring Companion Connections,
LLC. You agree to use the information, documents and content of Company's website
only for your personal use and for no other purpose.
B. Subject to these Terms, Company grants you a non-exclusive, non-transferable,
limited right to access, use and display Company's website and the information,
documents and content there. Company authorizes you to download and print the information,
content and documents on Company's website solely for your personal, noncommercial
viewing, browsing and ordering purposes. The authorization of use granted to you
in these Terms is not a transfer of title and your use is subject to the
following restrictions:
(1) any other copying, use, modification, reproduction, performance, display, incorporation
into any other website or other work, mirroring Company's website, framing Company's
website, or redistribution, retransmission or publication of any downloaded material
is strictly prohibited without our express written consent;
(2) you agree not to change or delete any copyright, trademark or other proprietary
notices from any copy of the information, content and documents which you download
or print from Company's website;
(3) you agree not to interrupt or attempt to interrupt, in whole or in part, the
operations of Company's website; and
(4) you agree not to transfer the information, content and documents from Company's
website to any other person unless you give them a copy of these Terms.
IV. Rules of User Conduct
A. By posting information in or otherwise using any communications service, chat
room, message board, newsgroup, software library or other interactive service that
may be available to you on or through Company's, or affiliated, website, you agree
that you will not upload, post or otherwise distribute or facilitate distribution
of any content, including without limitation text, communications, software, images,
sounds, data or other information, that:
(1) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual language
of a violent or threatening nature directed at another individual or group of individuals)
or otherwise violates these Terms;
(2) victimizes, harasses, degrades or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
(3) infringes on any patent, trademark, trade secret, copyright, right of publicity
or other proprietary right of ours or any third party;
(4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also
known as "spamming"), chain letters, any other form of unauthorized solicitation
or any form of lottery or gambling;
(5) contains software viruses or any other computer code, files or programs that
are designed or intended to, or actually do, disrupt, damage or limit the functioning
of any software, hardware or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
(6) impersonates any person or entity, including any employee or representative
of us.
B. You agree that you will not misuse or abuse your account access, including username
and password, and that you are solely responsible for all conduct and transmissions
that take place under your account access, username and passwords.
C. Company generally does not pre-screen, monitor or edit the content posted by
users of services, employees, chat rooms, message boards, newsgroups, newsletters
or other interactive services that may be available, either now or in the future,
on or through Company's, or affiliated, websites. However, Company has the right,
at our sole discretion, to remove any content that, in our judgment, does not comply
with these Terms or is otherwise harmful, objectionable or inaccurate.
We are not responsible for any failure or delay in removing such content.
V. No Medical Advice or Recommendations
Company's website offers information, services, tools and resources to manage the
care of persons with age-related and physically debilitating needs. Caring Companion
Connections, LLC does not provide medical advice through its website or through
any services offered there. We are not a medical referral service and Company's
website does not provide medical referrals.
VI. General Disclaimers and Limitation of Liability
A. While Caring Companion Connections, LLC, endeavors to provide the most accurate,
up-to-date information available, the documents, content and information contained
on Company's website may, at times, contain technical inaccuracies, typographical
errors, and other errors or mistakes and may be changed or updated without notice.
We cannot guarantee or warrant that the content or other information provided through
Company's website will be accurate or up-to-date or that the procedure for purchasing
products and/or services will operate correctly. In the event any service or product
is listed at an incorrect price or is not actually available due to incorrect supplier
information or other error, we shall have the right to refuse or cancel orders placed
for the products or services listed at the incorrect price or actually unavailable,
regardless of whether you have been charged and the order has been confirmed. Information
on price and availability is subject to change without notice.
B. COMPANY'S WEBSITE AND ALL MATERIALS, SOFTWARE, INFORMATION, PRODUCTS AND SERVICES
INCLUDED THERE, ARE PROVIDED "AS IS," WITH NO WARRANTIES, EXPRESSED OR
IMPLIED. COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL
EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS
AND PERFORMANCE OF COMPANY'S WEBSITE. COMPANY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH COMPANY'S WEBSITE. COMPANY DISCLAIMS ANY WARRANTIES FOR
SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, COMPANY'S WEBSITE OR RECEIVED
THROUGH ANY LINKS PROVIDED BY COMPANY'S WEBSITE, AS WELL AS FOR ANY INFORMATION
OR ADVICE RECEIVED THROUGH ANY 3rd–PARTY LINKS OR ANY USER CONTRIBUTIONS PROVIDED
IN COMPANY'S WEBSITE.
C. Company's website and the information, content and documents located there are
provided on an "as-is" basis. Caring Companion Connections, LLC makes no representations
or warranties of any kind with respect to any of the products or services described
on its website and hereby disclaims any implied warranties with regards thereto.
We do not warrant the accuracy, completeness, currency or reliability of any of
the content, information and documents found on Company's website. You acknowledge
that any reliance on any such content, information and documents shall be at your
sole risk.
D. To the full extent permissible by applicable law, Caring Companion Connections,
LLC disclaims all representations and warranties of any kind, express or implied,
including, but not limited to, implied warranties of merchantability and fitness
for a particular purpose, as to the operation of Company's website, and the information,
content, and documents included there and we disclaim all representations and warranties
of any kind, express or implied, with regard to title or ownership of the content,
information and documents on Company's website.
E. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA
THROUGH THE USE OF COMPANY'S WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION
TO JURISDICTION.
G. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU ON ACCOUNT OF YOUR USE
OR MISUSE OF, OR RELIANCE ON, COMPANY'S WEBSITE, ARISING FROM ANY CLAIM RELATING
TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, COMPANY'S WEBSITE, FROM INABILITY
TO USE COMPANY'S WEBSITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF
COMPANY'S WEBSITE (INCLUDING ANY SUCH DAMAGES INCURRED BY 3rd-PARTIES). THIS LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON COMPANY'S WEBSITE OR RECEIVED THROUGH ANY
3rd-PARTY LINKS PROVIDED IN COMPANY'S WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION
OR ADVICE RECEIVED THROUGH OR ADVERTISED ON COMPANY'S WEBSITE OR RECEIVED THROUGH
ANY 3rd-PARTY LINKS PROVIDED ON COMPANY'S WEBSITE. THIS LIMITATION SHALL ALSO APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF COMPANY'S WEBSITE OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO, COMPANY'S WEBSITE. SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW.
H. Without limiting the foregoing, under no circumstances shall Company be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication
equipment failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental actions,
orders of domestic or foreign courts or tribunals, non-performance of third parties,
or loss of or fluctuations in heat, light, or air conditioning.
VII. Limitation of Liability and Hold Harmless
A. Caring Companion Connections, LLC shall not be liable for any damages to, or
viruses that may infect, your computer equipment or software on account of your
use of Company's website. To the full extent permissible under applicable law, we
shall not be liable to you or any other person under any contract, tort, strict
liability or other legal theory for any damages of any kind relating to the use
or attempted use of Company's website, its content, information, documents or links,
including, but not limited to, special, exemplary, indirect, consequential, incidental,
or punitive damages (including but not limited to, lost profits or lost savings).
B. Further, you agree to indemnify, defend and hold harmless Company, its website
and each of its respective advertisers, parents, 3rd-party partners, suppliers,
licensors, officers, directors, shareholders, employees, representatives, contractors,
agents, and sub-licensees, from any and all claims (including but not limited to
claims for defamation, trade disparagement, privacy and intellectual property infringement)
and damages (including attorneys' fees and court costs) arising from or relating
to any allegation regarding:
1. your use of Company's website or products, services or information obtained on
or through the website;
2. Company's use of your posted content or any information you provide, as long
as such use is not inconsistent with these Terms;
3. information, content, products, services or materials provided through your IP
address, even if not posted by you; or
4. your violation of any of these Terms.
VIII. Links
A. Company's website may contain links to other websites on the Internet that are
owned and operated by 3rd-party vendors and other 3rd-parties, which may include
governmental or quasi-governmental agencies. Caring Companion Connections, LLC is
providing these links solely as a convenience. The appearance of a link does not
imply our endorsement of the link or website, nor are we responsible for the content
of any linked website.
B. Links do not imply that we are affiliated with or associated with, or that we
are legally authorized to use, any trademark, or copyright or other propriety rights
displayed in or accessible through the links, or that any linked website is authorized
to use any trademark, trade name, logo or copyright symbol of ours. You access linked
websites at your own risk and it is your responsibility to take all protective measures
to guard against viruses or other destructive elements or programs.
C. All links to Company's website must be approved in writing by Caring Companion
Connections, LLC, except that we consent to links which only:
(1) link via a text-only link containing the name, Caring Companion Connections,
LLC;
(2) the link points only to www.CaringCompanion.net
and not to deeper pages;
(3) the link, when activated by you, displays that page as a full-screen in a fully
operable and navigable browser window and not within a "frame" on the linked website;
and
(4) the link and associated information must not create the appearance of any affiliation
between us and the website offering the link.
IX. Third-Party Content
Certain content, information, products, services and/or documents from third-party
vendors or agencies may be made available as part of Company's website. Caring Companion
Connections, LLC does not endorse or guarantee the accuracy or completeness of this
content, information, products, services and/or documents and all of such content,
information, products, services and/or documents are the sole responsibility and
liability of such third-party vendors and agencies.
X. Compliance With Laws
A. You agree to comply with all applicable laws, statutes, ordinances and regulations
regarding your use of Company's website and your procurement of products or services
there. Caring Companion Connections, LLC may, in our sole discretion, report actual
or perceived violations of laws to law enforcement or other appropriate authorities.
B. If we become aware, through a complaint or otherwise, of any potential or suspected
violation of these Terms, we may (but are not obligated to) conduct an
investigation to determine the nature and extent of the suspected violation and
the appropriate enforcement action, during which investigation we may suspend services
to any person being investigated and/or remove any material from our servers. You
agree to cooperate fully with any such investigation. You acknowledge that certain
violations of these Terms could subject you to criminal or civil penalties.
XI. User Responsibilities, Communications, Feedback, and Submissions
A. You must be of sufficient legal age and have a valid bank account, with full
authority to use it, to submit a request for services through Company's website.
By using Company's website, you represent that you are of sufficient legal age to
use it and to create binding legal obligations for any liability you may incur as
a result of your use of it. You agree not to use Company's website or any content,
information, products, services and/or documents contained on it for any illegal
or inappropriate activities.
B. When you provide content or contributions to Company's website or any affiliated
feedback website, you automatically grant Company a limited, revocable, nonexclusive
and non-assignable right of use for the respective content or contribution which
Company is entitled to utilize for any purpose allowed by these Terms.
In particular, Company is entitled to use said content or contribution you post
for marketing or in any other way allowed. Company may use such posted content or
contributions in any form, format, or medium of any kind, now known or later developed.
C. Although you grant Caring Companion Connections, LLC a license, as stated above,
Company DOES NOT OWN SUCH CONTENT. This license grants Company certain rights and
also proscribes limitations of what Company may do and not do with the content,
more fully described as follows: Caring Companion Connections, LLC
(1) May not sell or give away your content as permanent downloads
or physical copies, alone or in a compilation;
(2) May not continue exercising the license after you provide
us with a request for termination, as described below;
(3) May not use or license another party to use your content
outside of Company' related web sites;
(4) May let other parties exercise these rights on Company's
website, which permits the license to become sublicensed;
(5) May exercise these rights without paying you any remuneration,
royalties or other fees, whatsoever;
(6) May exercise these rights throughout Company's website
worldwide;
(7) User may grant similar licenses to others;
(8) User may terminate the license at any time by following
the steps described below:
D. Company grants a right of use over all posted content or contributions to Company's
website to any registered Client and/or their authorized agents or representatives.
Duplication or the use of these contributions or their contents, by you or 3rd-parties,
in other electronic or printed publications is prohibited. Copying, downloading,
disseminating, distributing and storing of the contents of Company's website is,
with the exception of the cache memory when searching for Company's website pages,
prohibited without Company's express consent.
E. You may use Company's website content only and solely for personal, non-commercial
use and may download or print a single copy of any portion of said content solely
for personal, non-commercial use, provided you do not remove any trademark, copyright
or other notice from such Content.
F. You may not post, distribute or republish in any way, any portion of Company's
website content to any Internet, Intranet or Extranet website or incorporate said
content in any database, compilation, archive or cache, except as expressly allowed
in these Terms.
G. You may not distribute any Company's website content to others, whether or not
for payment or other consideration and may not archive, modify, copy, frame, cache,
reproduce, sell, publish, transmit, display or otherwise use any portion of said
content except as expressly allowed in these Terms.
H. You may not copy Company's website content without permission from Caring Companion
Connections, LLC. You agree not to decompile, reverse engineer or disassemble any
software or other products or processes accessible through Company's website. You
may not insert any code or product or manipulate the content of Company's website
in any way that affects a user's experience, and further, may not use any data mining,
data gathering or extraction method on Company's web site.
I. Requests to use Company's content for any purpose other than as permitted
in these Terms shall be directed to the Customer Service email address at
admin@CaringCompanion.Net.
J. You grant to Company the right to use any material, information, ideas, concepts,
know-how or techniques contained in any communication you provide or otherwise submit
for any purpose whatsoever, including but not limited to, commercial purposes and
developing, manufacturing and marketing commercial products using such information.
All rights in this paragraph are granted without the need for additional compensation
of any type.
K. Without limiting the generality of the previous paragraphs, you authorize Company
to share your provided content across all websites, to include your content in a
searchable format accessible by others on Company's or affiliated website(s), now
in use or later developed, to place advertisements in close proximity to such content
and to use your name, likeness and any other information in connection with Company's
use of the material you provide.
L. Prohibited uses do not include any use that Company expressly authorizes in writing.
XII. Collection of Information
A. Any personally identifiable information you may provide to Caring Companion Connections,
LLC via Company's website is protected solely by these Terms and the Privacy
Policy, posted elsewhere on Company's website.
B. You hereby agree that information you send to us via Company's website, whether
your information or information you are sending on someone else's behalf as their
authorized agent or representative, cannot be guaranteed to remain entirely confidential
and that we may use such information in conformity with these Terms and
our Privacy Policy.
C. By providing us information via Company's website, you are agreeing that we may
use any ideas, concepts, know-how or other information you provide to us there.
You warrant that you will not provide any information or materials to us via Company's
website that is defamatory, threatening, obscene, harassing, or otherwise unlawful,
or that incorporates proprietary or confidential information or yours or of others.
XIII. Termination of Usage
Caring Companion Connections, LLC may terminate or suspend your access to all or
part of Company's website, without notice, for any conduct that we, in our sole
discretion, believe is disruptive to it or is in violation of any applicable law
or the Terms.
XIV. Applicable Law
Caring Companion Connections, LLC, a Delaware Limited Liability Corporation, controls
the Company's website from our offices within the State of Massachusetts, United
States of America. The laws applicable to the interpretation of these Terms
shall be the laws of the State of Delaware, USA, without regard to any conflict
of law provisions. If any provision within these Terms is held to be invalid
or unenforceable, such provision shall be struck and all remaining provisions shall
be enforced to the extent most favorable to Company.
XV. Disputes
You agree that any action at law or in equity arising out of or relating to these
Terms or your use of Company's website shall be filed only in the state
or federal courts of Delaware, USA, and that you hereby consent and submit to the
exclusive jurisdiction and venue of such courts. No action arising under or relating
to these Terms or website may be brought by either party more than one
year after the cause of action has accrued.
XVI. Notices
"Caring Companion Connections, LLC" is our trademark and/or service marks. All such
trademarks, trade names and service marks are proprietary to us, and may not be
used in connection with any product or service that is not ours, in any manner that
is likely to cause confusion among customers or in any manner that disparages or
discredits us, without our written permission. All other trademarks, product names
and company names and logos are the property of their respective owners.
XVII. Section Titles
The section titles used in these Terms are purely for convenience and carry
with them no legal or contractual effect.
XVIII. How to Contact Us
Please feel free to contact Caring Companion Connections, LLC regarding any aspect
of service relating to Company's website.
E-mail: admin@CaringCompanion.net
Phone: 800-869-6418
U.S. Mail: Caring Companion Connections, LLC, 71 Assabet Avenue,
Suite 201, Concord, MA 01742
XIX. Effective Date
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME
EFFECTIVE ON OCTOBER 27, 2009.
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