- Code of Conduct. In connection with Submissions (as defined below) and any other use of the Site by you, you agree that you shall not (collectively, the “Codes of Conduct”): Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; Use the Site or Materials for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Make a Submission or otherwise transmit material that (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; (d) is non-public information about any third party that you are not authorized to disclose; (e) includes personally identifiable information of another individual without the prior consent of such individual; or (f) is an advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by us); Impersonate any person or entity, including, without limitation, any representative of CarePond; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make; Engage in spamming or flooding; Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature or that monitor the use of any hardware, software, equipment or other technology, or any data, information or materials in connection with any of the foregoing; Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Site; Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; Remove any copyright, trademark or other proprietary rights notice contained in the Site; “Frame” or “mirror” any part of the Site without our prior written authorization; Link to any page of or content on the Site (except as otherwise permitted by us); Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; Harvest or collect information about Site visitors or members without their express consent; Create a database by downloading and storing content from the Site; Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks; Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; or Access, reload or “refresh” transactional event pages, or make any other request to transactional servers, more than once during any three second interval. While using the Site and the Materials, you agree to comply with all applicable laws, rules and regulations.
- Information Provided by CarePond. Although CarePond strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although CarePond endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials have been contributed to the Site by various third parties. The inclusion of such portions of the Materials does not indicate any approval or endorsement thereof, and CarePond expressly disclaims any liability with respect to such portions of the Materials.
- Monitoring. You acknowledge and agree that we have the right, but not the obligation, to monitor each Submission and the Forums, to alter or remove any Submission at any time, including, without limitation, any posting to a Forum, and to disclose any Submission or any posting to a Forum and the circumstances surrounding their transmission to any third party or governmental or regulatory entity in order to operate the Site properly, to protect ourselves, our sponsors and our users and visitors, and to comply with legal obligations or governmental requests.
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted by CarePond infringe your copyright (for example, materials posted by CarePond on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CarePond to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by CarePond against you, the DMCA permits you to send CarePond a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to CarePond, P.O. Box 20155 New York, NY 10014 We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
- Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that CarePond does not endorse any of the products or services listed at such web sites.
- Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws, rules and regulations, including, without limitation, local laws, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program or other product that we provide.
- Limitation of Liability. NEITHER CAREPOND NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS OR ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER), OR ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CAREPOND, IN EACH CASE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE, ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE OR ANY LINKED SITE, AND YOUR ACCESS TO AND USE OF THE FOREGOING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CAREPOND FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so such limitation or exclusion above may not apply to you.
- Introduction Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information.
- How we use the information we collect In general, we may use information that we collect about you to: deliver our products and services, and manage our business; manage your account and provide you with customer support; perform research and analysis about your use of, or interest in our services, or content, or products, services or content offered by others develop and display content and advertising tailored to your interests on our site and other sites, including providing our advertisements to you when you visit other sites; perform ad tracking and website or mobile application analytics; enforce or exercise any rights in our terms and conditions; We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. We share this aggregated information in order to: improve the way caregivers manage their own conditions and the condition’s of those they are caring for improve products and services for caregivers transform our current understanding of caregiving
- Delete your account You have a right to access, modify, correct, or delete your personal information controlled by CarePond regarding your profile, change or remove your content, and close your account. Please note: Information you have shared with others (for example, through messaging) or that others have copied may remain visible after you have closed your account or deleted the information from your own profile. Q&A content associated with closed accounts will show an unknown user as the source. In addition, you may not be able to access, correct, or eliminate any information about you that other Members copied or exported out of CarePond, because this information may not be in our control.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.