Terms & Conditions
Terms & Conditions
THESE TERMS AND CONDITIONS OUTLINE THE RULES AND REGULATIONS FOR THE USE OF THE CARING PROFESSIONALS WEBSITE (“SITES”). PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU USE THIS SITE.
Your use of the Site is also governed by Caring’s Privacy Practices and HIPAA Policy (https://www.caringprofessionals.com/hippa-policy/) all of which are incorporated herein by reference into these Terms. Any conflict between Caring Professional’s Terms and the specific Terms set forth in the Privacy Practices and HIPAA Policy shall be resolved in favor of the more specific policy as applicable.
The following terminology applies to these Terms, Privacy Statement and Disclaimer Notice and any or all Caring Professionals Agreements: “Client”, “You” and “Your” refers to you, the person accessing the Sites and accepting the Company’s Terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
Use of the Sites
You may use the site for a variety of reasons, including:
- Access e-newsletters, news and press about Caring Professionals;
- Investigate home care options;
- Obtain resources for family caregivers;
- Obtain information for Holocaust survivors;
- Obtain information about the cost of non-medical home care.
You may choose to use the Sites to provide information to us. A Caring Professional’s representative will review your information and will be in touch with you regarding your needs. You may not use the Sites for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through the Sites. You agree that none of your communications with or through the Sites will violate any local, state, national or international law.
THE CONTENTS OF THE SITES DO NOT CONSTITUTE MEDICAL ADVICE. THE CONTENTS OF THE SITES ARE FOR INFORMATIONAL PURPOSES ONLY AND THEY DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THE SITES ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR GENERAL HEALTH ISSUES.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. All materials on the Sites (including articles, text, photographs, images, illustrations, graphics, video material and audio material) and any software used on the Sites, are our property or the property of our subsidiaries, affiliates or suppliers and are protected by copyright, trade dress, trademark and/or other intellectual property laws and proprietary rights. Additionally, the Sites themselves are protected by copyright as collective works and/or compilations. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to such content. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
Caring ProfessionalsTM and all related names, logos, product and service names, designs and slogans are trademarks of Caring Professionals Inc., our subsidiaries or affiliates, or other parties that have licensed their materials to us. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of Caring Professionals’ worldwide proprietary rights, and Caring Professionals may own or control other proprietary rights in the United States or one or more countries outside of the United States. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
Unless otherwise stated, Caring Professionals and/or its licensors own the intellectual property rights for all material on Caring Professionals. All intellectual property rights are reserved. Subject to your compliance with the Terms, Caring Professionals grants to you, a personal, nonexclusive, nontransferable, non-sub licensable, revocable limited license to access and use the Site and Site Materials. Site Materials include but are not limited to all content, data, and information in the Site. You may view and/or print pages from https://caringprofessionals.com for your own personal use subject to restrictions set in these Terms.
You must not: Use the Sites for commercial purposes; Reproduce, duplicate, copy, redistribute or republish material from the Site; Sell, rent or sub-license material from the Site; Interfere in any way with the server, network, or correct functioning of the Site; Engage in any action that is harmful to Caring Professionals.
Visiting the Sites or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communication be in writing.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information provided by you in any manner including but not limited to e-mail, other written, or oral submissions, or postings on the Site, are non-confidential. We are entitled to the unrestricted use, dissemination, distribution, display, reproduction, sublicense, post, and/or publication of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and we will own the exclusive rights, including all intellectual property rights, to the Submissions. Certain parts of the Sites offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’). Caring Professionals does not screen, edit, publish or review Comments prior to their appearance on the sites and Comments do not reflect the views or opinions of Caring Professionals, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Caring Professionals shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this site. Caring Professionals reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms.
You warrant and represent that:
- You are entitled to post the Comments on our Site and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Caring Professionals a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information. Unfortunately, despite those efforts, human or technological errors may occur. The Sites may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. WE AND OUR ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, WE ARE NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM US OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, WE DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF US.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By using the Sites and entering into the Terms, you agree you shall defend, indemnify and hold Caring its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with (a) your violation or breach of any terms of these Terms or any applicable law or regulation, (b) your violation of any rights of any third party, (c) any unauthorized use of the Sites or (d) your negligence or willful misconduct.
We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.
These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Site and these Terms shall be the state and federal courts located in Queens County, New York and each party hereby consents to the exclusive jurisdiction and venue of such courts.
Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND CARING SPECIFICALLY AGREE TO DO SO IN WRITING.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED.
Waiver of Right to Jury Trial
YOU HEREBY KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND IRREVOCABLY WAIVE YOUR RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON, ARISING OUT OF, OR IN ANY MANNER RELATING TO THE TERMS AND/OR OUR PERFORMANCE OR FAILURE TO PERFORM HEREUNDER. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any states’ laws and that arise from or relate in any way to the subject matter of the Terms and/or our performance, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class
If any part of the 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 will continue in effect. You may not assign the Terms, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Terms constitute the entire agreement between You and Us with respect to the Sites.