TERMS and condition for CARECLIC
1. ACCEPTANCE OF TERMS
3. This Agreement, which incorporates by reference other provisions applicable to use of careclic.net/, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained careclic.net/ sets forth the terms and conditions that apply to use of careclic.net/ by User. By using CareClic (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use careclic.net/ is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s) if any.
5. CareClic shall have the right at any time to change or discontinue any aspect or feature of careclic.net/, including, but not limited to, content, hours of availability, and equipment needed for access or use.
6. Changed Terms
CareClic shall have the right at any time to change or modify the terms and conditions applicable to User's use of careclic.net/, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on careclic.net/, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of careclic.net/ by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
8. SCOPE OF SERVICES
CareClic carries on the business of providing users with technology advantage which allows them to request the attendance of a professional caregiver via our exclusive proprietary application software. After downloading this app, it performs administrative functions by making it possible for each user to register an account and have full access to search for the nearest caregiver to their area so as to get quick medical attention.
10. CARECLIC DOES NOT PROVIDE MEDICAL SERVICES IN ANY MANNER WHATSOEVER, AND CARECLIC IS NOT A MEDICAL COMPANY.
11. It is up to the caregiver to decide whether or not to provide services to a user contacted through the CareClic Platform, and it is up to the user to decide whether or not to accept the Services from any caregiver contacted through the CareClic Application. CareClic cannot ensure that a caregiver or user will complete an arranged service. CareClic has no control over the quality or safety of the services.
12. The caregiver refers to an individual engaged in providing certain medical services to users in a professional manner. We employ professional caregivers in different areas so as to provide users with professional services in areas they are been licensed, certified to take care of people. The caregiver with which the user establishes a treatment relationship is solely responsible for providing the User with medical services. CareClic only acts as a technology platform to connect users with caregivers who may be interested in providing users with healthcare services.
13. None of the CareClic Application (other than the information the user receives from caregivers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for the User.
14. CareClic may modify the CareClic application at any time without any notice and in its sole discretion. CareClic may block or prevent access and use to any portion of the CareClic application without any notice and in its sole discretion. The CareClic Application is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. CareClic does not guarantee and does not promise any specific results from use of the CareClic Application and/or the Services, including the ability to provide or receive Services at any given location or time. By using the CareClic Application, the User acknowledges that CareClic is not a medical organization, hospital or staffed by medically trained personnel.
15. ABOUT CARECLIC MEDICAL EXPERTS
17. INDEPENDENCE OF MEDICAL EXPERTS
The ideas, statements, answers (collectively “consultation”) provided by the Medical Experts via CareClic are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of CareClic, its affiliates or any other organizations or institutions to which such Medical Expert or such specialist or professional is affiliated or provides services. CareClic does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on CareClic or by a licensee of CareClic.
The inclusion of professionals and specialists on CareClic or in any professional directory on CareClic does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. Such information is provided on an “as-is” basis and CareClic disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
20. User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of careclic.net and all charges related thereto.
21. User Conduct
22. User shall use careclic.net for lawful purposes only. User shall not post or transmit through careclic.net/ or the app any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without CareClic’s express prior approval, contains advertising or any solicitation with respect to services. Any conduct by a User that in CareClic’s discretion restricts or inhibits any other user from using or enjoying careclic.net will not be permitted. Users shall not use careclic.net to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with CareClic.
23. Careclic.net contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of careclic.net are copyrighted as a collective work under the US copyright laws. CareClic owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of CareClic and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
24. User shall not upload, post or otherwise make available on careclic.net any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any area of careclic.net, User automatically grants, or warrants that the owner of such material has expressly granted CareClic the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
25. USE OF SERVICES
26. The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with caregiver (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
27. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
28. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
29. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
30. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy of publicity) unless User owns or control the rights thereto or have received all necessary consent to do the same.
31. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
32. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
33. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
34. Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
35. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
36. Restrict or inhibit any other user from using and enjoying the Communication Services.
37. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
38. Harvest or otherwise collect information about others, including e-mail addresses.
39. Violate any applicable laws or regulations.
40. Create a false identity for the purpose of misleading others.
41. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
42. CareClic reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CareClic reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. CareClic reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process.
43. MEMBER ACCOUNT, PASSWORD, AND SECURITY
44. User must complete the registration process by providing CareClic with current, complete and accurate information as prompted by the application. The user also will choose a password and a user name. The user is entirely responsible for maintaining the confidentiality of the User’s password and account. Furthermore, the User is entirely responsible for any and all activities that occur under User’s account. The user agrees to notify CareClic immediately of any unauthorized use of User’s account or any other breach of security. CareClic will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by CareClic or another party due to someone else using User’s account or password. Users may not use anyone else's account at any time, without the permission of the account holder.
45. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
46. Permission to use Documents (such press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
47. CARECLIC MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CARECLIC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, IN NO EVENT SHALL CARECLIC LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
48. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARECLIC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
49. MATERIALS PROVIDED TO CARECLIC OR POSTED AT ANY OF ITS WEBSITES
50. CareClic does not claim ownership of the materials User provide to CareClic (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting CareClic, its affiliated companies, and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all CareClic Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
53. Disclaimer of Warranty; Limitation of Liability
54. USER EXPRESSLY AGREES THAT USE OF CARECLIC.NET IS AT USER'S SOLE RISK. NEITHER CLARECLIC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE CAREGIVERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CARECLIC.NET
55. WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CARECLIC.NET OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH CARECLIC.NET/.
56. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT CARECLIC.NET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
57. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CARECLIC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CARECLIC.NET, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR VICTIMS ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, SYMPTOMS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
58. LINKS TO THIRD PARTY SITES
59. THE LINKS IN THIS AREA WILL LET YOU LEAVE CARECLIC’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CARECLIC AND CARECLIC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CARECLIC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CARECLIC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CARECLIC OF THE SITE.
60. CareClic is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, CareClic has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of careclic.net/, are those of the respective author(s) or distributor(s) and not of CareClic. Neither CareClic nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
61. In many instances, the content available through careclic.net/ represents the opinions and judgments of the respective information provider, User, or other users not under contract with CareClic. CareClic neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on careclic.net/ by anyone other than authorized CareClic employee spokespersons while acting in their official capacities. Under no circumstances will CareClic be liable for any loss or damage caused by a User's reliance on information obtained through careclic.net/. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CareClic. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
62. UNSOLICITED IDEA SUBMISSION POLICY
63. CARECLIC DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN CARECLIC’S SERVICES OR PROMOTION STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO CARECLIC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO CARECLIC OR ANYONE AT CARECLIC. IF DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT CARECLIC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
65. CareClic shall have the right, but not the obligation, to monitor the content of careclic.net/C:\Users\Steve\AppData\Local\Temp\Temp1_flowdigitas-attachments.zip\margindigital.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by CareClic and to satisfy any law, regulation or authorized government request. CareClic hall has the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on careclic.net/. Without limiting the foregoing, CareClic shall have the right to remove any material that CareClic, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
67. User agrees to defend, indemnify and hold harmless CareClic, its affiliates and their respective directors, officers, caregivers and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of CareClic by User or User's Account.
69. Either CareClic or User may terminate this Agreement at any time. Without limiting the foregoing, CareClic shall have the right to immediately terminate User's Account in the event of any conduct by User which CareClic, in its sole discretion, considers being unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for careclic.net/ established by CareClic constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the US, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
72. COPYRIGHT NOTICE
73. CareClic, its logos are trademarks of CareClic Inc. All rights reserved. All other trademarks appearing on CareClic are the property of their respective owners.
75. The names of actual companies mentioned herein may be the trademarks of their respective owners. The example companies, organizations, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
76. Any rights not expressly granted herein are reserved.