Read This Terms of Use Agreement Before Accessing
Website.
Effective Date: This Terms of Use Agreement was last updated on August 6, 2013. We hope you find this site helpful and convenient to use.
Caregiverlist, Inc.
(“Caregiverlist”) is an Illinois Corporation. This Terms of Use Agreement
(“Agreement”) sets forth the standards of use of Caregiverlist’s website
(referred to herein as “Caregiverlist.com”, the “Caregiverlist website” and/or
the “website”). By using Caregiverlist.com and its related pages, you (the
“User”) agree to these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update
the terms and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted
at Caregiverlist.com. Your continued use of
the Caregiverlist.com after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be
amended.
1. Description of the
Caregiverlist website and services
By use of Caregiverlist.com,
Caregiverlist is providing User with senior care
information and contacts. User must provide (1) all equipment necessary for
their own Internet connection, including computer and modem and (2) provide for
User’s access to the Internet, (3) pay any fees that relate with such
connection and (4) pay any fees that Caregiverlist states users must pay to use
its website, related links and services (when applicable).
2. Disclaimer of
Warranties.
The
information and any opinions contained herein should not be relied upon by you
without actual consultation with the appropriate professional and/or licensed
medical care provider. Specialized individual assessment and evaluation is
often times necessary where senior care is sought. To the fullest extent
permitted by applicable law, Caregiverlist
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this website in terms of its correctness,
accuracy, reliability, or otherwise. Caregiverlist shall have no liability for any interruptions in the use
of this website. Caregiverlist disclaims all
warranties with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose, and
non-infringement.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR
OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR
SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE
TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3. Limitation of Liability.
The
hiring of a senior care provider is an important decision that should not be
based solely upon this communication or the information provided on the
Caregiverlist website. The information contained in this website is for
informational purposes only. Nothing in the Caregiverlist website should be
construed as giving medical, assisted living and/or, where appropriate, legal
advice. The providing of material contained on this website is not intended to
create and receipt of it does not create liability upon Caregiverlist, its
employees, consultants, website content providers and/or its partners.
CAREGIVERLIST
SHALL NOT be liable for any damages
whatsoever, and in particular Caregiverlist shall not be liable for any
special, PUNITIVE, indirect, COMPENSATORY, consequential, or incidental
damages, or damages for PERSONAL INJURY, WRONGFUL DEATH, LOST profits, loss of
revenue, or loss of use, arising out of or related to this web site or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if
Caregiverlist has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS
INAPPLICABLE.
4. Indemnification.
User agrees to indemnify and hold
Caregiverlist, its parents, subsidiaries, affiliates, consultants, website
content providers, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party due to
or arising out of User’s use of Caregiverlist.com, the violation of this
Agreement, or infringement by User, or other user of Caregiverlist.com using
User’s computer and/or logon information, of any intellectual property or any
other right of any person or entity.
5. Modifications and Interruption to the
Caregiverlist website.
Caregiverlist reserves the right
to modify or discontinue Caregiverlist.com with or without notice to the User.
Caregiverlist shall not be liable to User or any third party should
Caregiverlist exercise its right to modify or discontinue Caregiverlist.com.
User acknowledges and accepts that Caregiverlist does not guarantee continuous,
uninterrupted or secure access to our website and operation of our website may
be interfered with or adversely affected by numerous factors or circumstances
outside of our control.
6. Third-Party Sites.
Our website may include links to
other sites on the Internet that are owned and operated by online merchants and
other third parties. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any third-party site.
You should contact the site administrator or webmaster for those third-party
sites if you have any concerns regarding such links or the content located on
such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We
encourage all Users to review said privacy policies of third-parties’ sites.
7. Linking to this Site
All links to this Web site must be approved in
writing by Caregiverlist, except that Caregiverlist consents to links in which
the link and the pages that are activated by the link do not: (a) create frames
around any page on this Web site or use other techniques that alter in any way
the visual presentation or appearance of any content within this site; (b)
misrepresent your relationship with Caregiverlist; (c) imply that Caregiverlist
approves or endorses you, your Web site, or your service or product offerings;
and (d) present false or misleading impressions about Caregiverlist or
otherwise damage the goodwill associated with the Caregiverlist name or
trademarks. As a further condition to being permitted to link to this site, you
agree that Caregiverlist may at any time, in its sole discretion, terminate
permission to link to this Web site. In such event, you agree to immediately
remove all links to this Web site and to cease using any Caregiverlist trademark.
8. Disclaimer Regarding Accuracy of Service
Provider Information.
Information has either been
provided by Service Providers or collected from publicly available sources.
While Caregiverlist makes every effort to ensure that the information on this
website is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
Caregiverlist makes no warranties
or representations whatsoever with regard to any service and/or product
provided or offered by any Third Party, and you acknowledge that any reliance
on representations and warranties provided by any Third Party shall be at your
own risk.
9. Governing Jurisdiction of the Courts of Illinois.
Our website is operated and
provided in the State of Illinois. As such, we are subject to the laws of the
State of Illinois, and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no representation that our website
is appropriate, legal or available for use in other locations. Accordingly, if
you choose to access our site you agree to do so subject to the internal laws
of the State of Illinois.
10. Compliance with Laws.
User assumes all knowledge of
applicable law and is responsible for compliance with any such laws. User may
not use Caregiverlist.com or the content therein in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. User further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
11. Content.
Caregiverlist
receives compensation from certain third parties to list their services and/or
provide consensual leads to Users of the Caregiverlist website. The services
and products listed on the Caregiverlist website are sold or provided by third
parties, and are not sold or provided by Caregiverlist.
Caregiverlist does not
sell, resell or license any services and/or products listed on the
Caregiverlist website, nor is Caregiverlist acting as an agent of sale.
Caregiverlist disclaims any responsibility for, or liability related to, such
services and/or products (see Disclaimer of Warranties below). Any question,
complaints or claims should be directed to the appropriate merchant or service
provider.
Caregiverlist does not
warrant the content of the Caregiverlist website, regardless of its source, is
accurate, complete, reliable, current or error-free. The Caregiverlist website
content is provided for informational purposes only and does not constitute an
endorsement by Caregiverlist of any service provider. You should not rely on
such information in situations where its inaccuracy would cause you to suffer
any loss (see Disclaimer of Warranties and Limitation of Liability above).
Caregiverlist assumes no liability for inaccuracy or incompleteness in its
search results, editorial content or other content on the Caregiverlist
website.
Comments, reviews and
ratings (collectively referred to as “postings”) on the Caregiverlist website
are from our Users who have elected to post their opinions and/or experience on
the Caregiverlist website. As such, these postings are informative for those
wishing to use them, but they do not guarantee or ensure any level of performance
of any given service provider.
You may
download, view and print a single copy of any content, solely for your personal
and non-commercial purposes, subject to the restrictions set forth in this
Agreement. All right, title, and interest in and to the Caregiverlist website,
and any other content appearing on the Caregiverlist website, will remain the
exclusive property of Caregiverlist and its licensors. Except as expressly
permitted in this Agreement, you may not reproduce, modify or prepare
derivative works based upon, distribute, sell, transfer, publicly display,
publicly perform, transmit, or otherwise use the Caregiverlist website, or any
other content appearing on the Caregiverlist website. You may not copy or
modify the HTML code used to generate web pages on the Caregiverlist website.
You may not use the Caregiverlist website, or any other content appearing on
the Caregiverlist website, on or in connection with any other website, for any
purpose.
12. Content
Submission.
By
contributing or submitting any content to the Caregiverlist website, you
warrant that you are the author and owner of the intellectual property rights
thereto, and you grant Caregiverlist a worldwide, perpetual, irrevocable,
royalty-free, transferable right and license to use, copy, modify, delete in
its entirety, adapt, publish, translate, create derivative works from and/or
sell and/or distribute such materials and/or incorporate such materials into
any form, medium or technology without compensation to you. In addition, you warrant
that all "moral rights" that you may have in those materials have
been voluntarily waived by you. None of the materials shall be subject to any
obligation of confidence on the part of Caregiverlist, its agents,
subsidiaries, affiliates, co-brand partners or other partners and their
respective directors, officers, consultants and employees. Caregiverlist
reserves the right to change, condense or delete any content on the
Caregiverlist website that Caregiverlist deems, in its sole discretion, to
violate the content guidelines or any other provision of this Agreement.
Without limiting the foregoing, you agree that
you will not use our sites to take any of the following actions:
- Defame, abuse, harass, stalk,
threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail,
distribute, or disseminate (collectively, "Transmit") any
inappropriate, profane, defamatory, infringing, obscene, indecent, or
unlawful content;
- Transmit files that contain
viruses, corrupted files, or any other similar software or programs that
may damage or adversely affect the operation of another person's computer,
our sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any
goods or services for any commercial purpose unless you have our written
consent to do so;
- Transmit surveys, contests,
pyramid schemes, spam, unsolicited advertising or promotional materials,
or chain letters;
- Download any file that you know
or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or the source of software or other material;
- Restrict or inhibit any other
user from using and enjoying any public area within our sites;
- Collect or store personal
information about other end users;
- Interfere with or disrupt our
sites, servers, or networks;
- Impersonate any person or
entity, including, but not limited to, a Caregiverlist representative, or
falsely state or otherwise misrepresent your affiliation with a person or
entity;
- Forge headers or manipulate
identifiers or other data in order to disguise the origin of any content
transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an
unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal
activities.
In addition, you agree
to comply with Caregiverlist’s website rules which are deemed to be
incorporated into this Agreement.
You retain all ownership
rights to information, text, graphics, or other materials you publish on the
Caregiverlist website. However, you grant us an irrevocable right and license
to reproduce, publish and distribute all or any portion of your content online
and offline and permit others to do the same. You can edit or remove your
content from the Caregiverlist website at any time; but if we have distributed
your content to others, we may be unable to require them to make the same
changes.
13. Account Termination Policy
Caregiverlist
will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
Caregiverlist reserves the right to decide whether
Content or a User Submission is appropriate and complies with these Terms of
Service for violations other than copyright infringement, such as, but not
limited to, obscene or defamatory material, or excessive length. Caregiverlist may remove such User Submissions
and/or terminate a User's access for uploading such material in violation of
these Terms of Service at any time, without prior notice and at its sole
discretion.
14. Copyrights.
All
content available on the Caregiverlist website, including site design, text,
graphics, interfaces, and the selection of arrangements thereof is copyrighted
by Caregiverlist, with all rights reserved, or is the property of third parties
protected by intellectual property rights. Caregiverlist’s marks/trademarks may
not be used in connection with any product or service that is not provided by
the Caregiverlist website, in any matter that is likely to cause confusion
among customers, or in any manner that disparages or discredits Caregiverlist.
If you believe content on the Caregiverlist website infringes your copyright,
you should send notice of copyright infringement to Caregiverlist’a Copyright
Agent. Your notice must meet the requirements of the Digital Millennium
Copyright Act (as required under 17 U.S.C. §512) by providing the following
information:
1. An identification of the copyrighted work claimed to
have been infringed
2. An identification of the material that you claim is
infringing so that we may locate it on the site
3. Your address, telephone number and email address
4. 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
5. A statement by you that the above information in your
notice is accurate, made under penalty of perjury, and that you are authorized
to act on behalf of the owner of the copyright interest involved
6. Your
signature
The
notice should be mailed to the agent set forth in Section 15 below. Upon
receipt of notice as described above, Caregiverlist will take whatever action,
in its sole discretion, it deems appropriate, including removal of the
challenged content from the Caregiverlist website.
15. Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the
Copyright Revision Act, as enacted through the Digital Millennium Copyright
Act, caregiverlist.com designates the following individual as its agent for
receipt of notifications of claimed copyright infringement.
By Mail:
Caregiverlist, Inc.
345 N. Canal Street
Suite 202M
Chicago, IL 60606
By Email: susan@Caregiverlist.com
16. Other Terms.
If any part of these Terms is determined to be
invalid or unenforceable pursuant to applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the
remainder of the Terms shall continue in effect.
You agree that this Terms of Use
Agreement and any other agreements referenced herein may be assigned by
Caregiverlist, in our sole discretion, to a third party in the event of a
merger or acquisition.
This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a User.
User agrees that by accepting
this Terms of Use Agreement, User is consenting to the use and disclosure of
their personally identifiable information and other practices described in our
Privacy Policy.
Our failure to exercise or enforce any right or
provision of these Terms shall not constitute a waiver of such right or
provision.
You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use
of our sites or these Terms must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
