Terms of Service
The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between you and Caregiver Help (“Caregiver Help” or “We” or “Us”), a dba of Elaine Sanchez, whose principal offices in Salem, Oregon regarding you use of this website, including, but not limited to the modules, videos, articles, publications and forum. These are the general terms and conditions governing your use of this Website and our Services. By Accessing, using or signing up for this Website, our newsletter or any other services, you are entering a legally binding agreement based on these terms with Caregiver Help.
Modifications to this Agreement
Caregiver Help may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. At our discretion, we may give you additional notices via mail or email. Your continued use of the Website following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website you should check to see if a new version of the Agreement has been posted.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, or any of Caregiver Help policy, or rules, or codes of conduct relating to your use of the service, your license to use the Service shall immediately terminate and you must stop using the Service.
This Agreement may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include and e-mail message and a signature does not included an electronic signature.
To the extent the Terms of Service conflicts with any other terms, policy, rules or codes of conduct, the terms contained in these Terms of Service shall govern.
If you have any questions or concerns with respect to this Agreement or the Website you may contact a representative of Caregiver Help by email or mail at firstname.lastname@example.org or Caregiver Help c/o Michelle Vlach-Ing, PO Box 981, Salem, Oregon 97308.
Website Intended Audience
This Website is operated by Caregiver Help from its offices in the United States. This Website is directed to adults in the United States and is not intended for children under the age of eighteen.
Accessing the Service
By accessing or using the Service, including browsing any Caregiver help website, you accept and agree to these Terms of Service. You may also be required to register an account on this Service (an “Account”). You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you under the age of 18, you represent that your legal guardian has reviewed and agreed to these Terms.
You must provide all the equipment necessary to connect to the Service, including, but not limited to a mobile devise that is suitable to connect with and use the Service, in case where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
Use of the Service
The following restrictions apply to the use of the Service:
- You shall not use your Account to engage in any illegal conduct.
- You shall not create and Account or access the Service if you are under the age of 17.
- You shall monitor your account to restrict use by minors, and you will deny access to children under the age of 17. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account. You are responsible for any use of your credit card or other payment instrument (i.e. PayPal, credit cards) by minors.
- You shall not create an account or use the Service if you are a convicted sex offender.
- You shall use your account only for non-commercial purposes.
- You shall not use your account to advertise, solicit, or transmit any commercial advertisement, including chain letters, junk e-mail, or repetitive messages to anyone.
- You shall not sublicense, rent, lease sell, trade, gift bequeath or otherwise transfer your Account or anything associated with your account without the written consent of Caregiver Help.
- You shall not have an account if your account has been previously removed by Caregiver Help or have been previously banned from using any of the Services.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances Make improper use of Caregiver Help’s support services, including by submitting false abuse reports or using profane and abusive language in your communications with our support personnel; or use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.
You agree that you will not, under any circumstances without Caregiver Help’s express written consent, modify or cause to be modified any files that are a part of the Service; Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service; or Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Caregiver Help, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Further you agree that you will not, under any circumstances, post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content; attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including Caregiver Help employees and customer service representatives; or make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Caregiver Help employee or agent.
Further you agree that you will not, under any circumstances, without Caregiver Help’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to communicating or facilitating any commercial advertisement or solicitation; transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
When creating or updating your Account on the Service, you may be required to provide Caregiver Help with certain personal information, which may include your name, birth date, e-mail address and in some cases, payment information. You agree that you will supply accurate and complete information to Caregiver Help, and that you will update such information promptly after it changes.
You understand that on certain Caregiver Help websites, your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Website. Some of the Content is provided by Caregiver Help or its suppliers, and other Content is provided by persons who use the Website (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Caregiver Help strives to keep the Content that it posts on the Website accurate, complete and up-to-date, Caregiver Help cannot guarantee and is not responsible for the accuracy, completeness, or timeliness of any Content, whether provided by Caregiver Help or its suppliers, or by Users of the Website. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Caregiver Help. Caregiver Help does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
Caregiver Help does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Website.
Notwithstanding the foregoing, Caregiver Help will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER CAREGIVER HELP NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. The information shared here is intended to bolster the users knowledge base; however, the user is ultimately responsible for his or her own actions and seeking the necessary professional help to address his or her own unique situations. The contents are NOT INTENDED as a substitute for MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH The UNIQUE FACTS of the situation you are facing. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
Ownership and Intellectual Property Rights
This Website is owned by Caregiver Help. All right to, title to, and interest in the Content available via the Website, the Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Caregiver Help or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
You are responsible for maintaining the confidentiality of any passwords associated with your Caregiver Help account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).
Modification or Suspension of the Website
Caregiver Help may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.
License to Use Content
Caregiver Help grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Website only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website in any other manner or for any other purpose without the prior written permission of Caregiver Help. All rights not expressly granted in this Agreement are expressly reserved to Caregiver Help.
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Caregiver Help or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Caregiver Help or its affiliates without our prior written consent.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Caregiver Help. ACCOUNTS CREATED WITH Caregiver Help WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Disclaimer of Warranties With Respect to Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAREGIVERHELP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. CAREGIVER HELP DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CAREGIVER HELP MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
Limitations of Liability
CAREGIVER HELP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. 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. YOU SPECIFICALLY ACKNOWLEDGE THAT CAREGIVERHELP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
ADDITIONALLY, IN NO EVENT WILL CAREGIVER HELP OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CAREGIVER HELP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Caregiver Help, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, and/or reasonable attorneys’ fees directly or indirectly related to 1.) your breach of the Agreement; 2.) the Content you submit, post, or transmit through the Website; and or 3.) Your misuse of the information or Content submitted, posted or transmitted through the Website.
Complaints Regarding Content
Regarding copyright or trademark infringement complaints, you are required to send notice and a copy of the proposed Complaint at least 90 days before filing suit to email@example.com and Michelle Vlach-Ing at P.O. Box 981 Salem, Oregon 97308. We reserve all rights to investigate and cure any claims of copyright or trademark infringement prior to you filing suit. You agree not to file suit against Caregiver Help without first attempting to resolve any issue though open communication and providing Caregiver Help 90-Days notice that suit may be forthcoming. Notice should be in a letter format and bear the title: Notice of Complaint, draft complaint attached.
If you fail to provide Caregiver Help 90-days notice before filing a complaint before any tribunal and you fail to prove each and every one of your claims, you agree to pay Caregiver Help’s attorney fees for the cost to defend against your claims. If Caregiver Help is required to file suit against you in order to assert any of its rights, you agree that you will be liable for Caregiver Help’s reasonable costs and attorney fees.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Caregiver Help may assign or delegate these Terms of Services, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service without Caregiver Help’s prior written consent and any unauthorized assignment and delegation is void and ineffective.
Caregiver Help may publish additional policies related to specific services such as application for mobile devices, forums or live seminars in person or via the web. Your right to use such services is subject to those specific policies and these Terms of Service.
This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of Oregon without giving effect to any principles of conflicts of law. Any legal action or proceeding between Caregiver Help and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Salem, Oregon, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
These Terms of Service, any supplemental policies and/or documents expressly incorporated by reference herein contain the entire understanding between you and Caregiver Help, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, or oral, or written or whether established by custom, or practice, or precedent, between you and US with respect to the Service.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
Failure of Caregiver Help to require or strictly enforce or require strict performance by you of any provisions of these Terms of Service or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Caregiver Help’s right to assert or reply upon any such provision or right in that or any other instance.
The express waver of any provision, condition ore requirement of these Terms of Service shall not constitute a waiver of any future obligation to comply with such provisions, or conditions, or requirements.