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AKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
2. DESCRIPTION OF SERVICE
CareSquad currently provides users with access to a wide array of resources including various communications tools and forums. You understand and agree that the Service may include certain communications from CareSquad, such as service announcements and administrative messages, and that these communications are considered part of CareSquad membership. You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CareSquad properties, shall be subject to the CTU. You further understand and agree that the Service is provided "AS-IS" and that CareSquad assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
While CareSquad attempts to make sure all information on the Service is accurate and has been obtained from reliable sources, CareSquad makes no representations or warranties, expressed or implied, as to the accuracy of the information. You understand and agree that CareSquad is not engaged in rendering medical, healthcare, or professional services and is not making any referrals, recommendations or endorsements of the Providers found in "Provider Search" that are listed on the Service. Content found through this Service is for information and convenience of our members, and does not constitute endorsement or recommendation by CareSquad .
You also understand and agree that the information presented in the Service is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding diseases, illnesses or disorders and is not intended to provide medical or healthcare advice. You also understand that the information you will receive on the Service is not intended to be and should not be viewed as a substitute for consultation with a doctor or other healthcare provider. All medical information should be reviewed by your doctor or healthcare provider before making any decision or taking any action. It remains your sole responsibility to evaluate the accuracy, completeness, and usefulness of all information you provide, for yourself or your Principal, in the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or CareSquad has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CareSquad has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). CareSquad is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service and/or content are appropriate for your child.
5. MEMBER NAME, PASSWORD AND SECURITY
You will receive a password and username upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CareSquad of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CareSquad cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. YOUR CONDUCT
You understand that all information, text, data, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CareSquad, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CareSquad does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CareSquad be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. Upload, email, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
b. harm minors in any way.
c. impersonate any person or entity, including, but not limited to, a CareSquad official or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
j. intentionally or unintentionally violate any applicable local, state, national or international law.
k. stalk or otherwise harass another.
l. collect or store personal data about other users.
m. You acknowledge that CareSquad may not pre-screen Content, but that CareSquad and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CareSquad and its designees shall have the, without further notice, right to remove any Content that violates the CTU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CareSquad or submitted to CareSquad, including without limitation information in CareSquad Message Boards, and in all other parts of the Service.
n. You acknowledge, consent and agree that CareSquad may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the CTU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of CareSquad, its users and the public.
o. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
p. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by CareSquad and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. This Service is controlled and operated by CareSquad from its offices within the United States of America. CareSquad makes no representation that the Service is appropriate or available in other locations. Those who access the Service from other locations do so at their own risk and are responsible for compliance with applicable laws.
8. CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CareSquad does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available to the Service, you grant CareSquad the following world-wide, royalty free and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting CareSquad services. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or CareSquad removes such Content from the Service.
You agree to indemnify and hold CareSquad, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the CTU, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You further understand it is a breach of the CTU to send commercial bulk e-mail, also known as spam, containing a CareSquad e-mail address as the "From" or "Reply-To" address.
11. GENERAL PRACTICES REGARDING USE
You acknowledge that CareSquad may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email or ecard messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on CareSquad's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CareSquad has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CareSquad reserves the right to log off or remove accounts that are inactive for an extended period of time. You further acknowledge that CareSquad reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
CareSquad may change the terms and conditions of the CTU and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof). You can review the most current version of the CTU at any time at: http://www.CareSquad.com/contact_us.html. Your continued use of the Service constitutes an affirmative: (1) acknowledgment and acceptance by you of the CTU and its modifications; and (2) agreement by you to abide and be bound by the CTU and its modifications; and (3) acknowledgment and acceptance by you that CareSquad shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that CareSquad may, under certain circumstances and without prior notice, immediately terminate your CareSquad account (or any part thereof), any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the CTU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your CareSquad account includes (a) removal of access to all offerings within the Service, including but not limited to CareSquad email, CareSquad, , Newsletters and Alerts (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in CareSquad's sole discretion and that CareSquad shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
Should you object to any terms and conditions of the CTU or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Upon termination of the Service, your right to use the Service and Software immediately ceases.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CareSquad has no control over such sites and resources, you acknowledge and agree that CareSquad is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, product, or other materials on or available from such sites or resources. You further acknowledge and agree that CareSquad shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. CARESQUAD'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CareSquad or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
CareSquad grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by CareSquad for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" & "AS AVAILABLE" BASIS. CARESQUAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. CARESQUAD MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARESQUAD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE CTU.
E. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARESQUAD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CARESQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER CARESQUAD, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SERVICE, OR TO ANY BREACH OF THESE TERMS, EVEN IF CARESQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. CARESQUAD, ITS LICENSORS, AND AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $100.00. CARESQUAD, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.
18. NO REFERRALS OR ENDORSEMENTS.
THE SERVICE IS NOT A REFERRAL SERVICE OF ANY KIND, INCLUDING FOR HEALTHCARE, ELDERCARE, OR ANY OTHER PROFESSIONAL SERVICES. THE INFORMATION (INCLUDING WITHOUT LIMITATION, ADVERTISING, CONTENT AND MATERIALS) POSTED ON THE SERVICE, DOES NOT CONSTITUTE OR INDICATE CARESQUAD'S ENDORSEMENT OF THE INFORMATION OR AN ENDORSEMENT OR REFERRAL OF THE INDIVIDUAL OR ENTITY ADVERTISING OR POSTING SUCH INFORMATION INCLUDING INFORMATION POSTED BY USERS. THROUGH THE SERVICE YOU MAY GET ACCESS TO INDIVIDUALS OR ENTITIES, HOWEVER, YOUR CHOICE TO CONTACT OR DO BUSINESS WITH ANY OF THESE INDIVIDUALS OR ENTITIES IS YOUR SOLE RESPONSIBILITY AND CARESQUAD IS NOT INVOLVED IN ANY TRANSACTIONS YOU HAVE WITH ANY THIRD PARTIES.
Notices to you may be made via either email or regular mail. However, CareSquad reserves the right to modify or discontinue the Service with or without notice to You. The Service may also provide notices of changes to the CTU or other matters by displaying notices or links to notices to you generally on the Service.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this CTU, there shall be no third party beneficiaries to this Agreement.
21. TRADEMARK INFORMATION
CareSquad, the CareSquad logo, CareSquad.com, Care-Mail, and CareSquad trademarks and service marks and other CareSquad logos and product and service names are trademarks of CareSquad LLC (the "CareSquad Marks"). Without CareSquad's prior permission, you agree not to display or use in any manner, the CareSquad Marks.
CareSquad respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send CareSquad the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. 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;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Entire Agreement. The CTU constitute the entire agreement between you and CareSquad and govern your use of the Service, superceding any prior agreements between you and CareSquad. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CareSquad services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The CTU and the relationship between you and CareSquad shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and CareSquad agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dekalb, Georgia.
Waiver and Severability of Terms. The failure of CareSquad to exercise or enforce any right or provision of the CTU shall not constitute a waiver of such right or provision. If any provision of the CTU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the CTU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CareSquad account is non-transferable and any rights to your CareSquad I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 the Service or the CTU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the CTU are for convenience only and have no legal or contractual effect.
Please report any violations of the CTU to CareSquad Customer Support through our live Chat or mail to: