USERS SHOULD READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.
By using this website located at http://caremessage.org/ (together with any other websites maintained by CareMessage that may be accessed through this website, the "Website"), you agree to abide by these terms and conditions (the "Terms and Conditions of Use") in their then current form. If you do not agree to abide by these Terms and Conditions of Use, do not use this Website. CareMessage ("CareMessage" or "we") reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Website, including the Terms and Conditions of Use, in whole or in part, at any time and from time to time. Changes will be effective when posted.
Limited Right to Use. CareMessage grants you a limited right to use the Website. Your right to use the Website is subject to your agreement to abide by these Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. At any time and for any reason CareMessage may revoke your right to use all or any portion of the Website.
International Use. Unless otherwise expressly set forth herein, CareMessage makes no representation that materials on this Website are appropriate or available for use in any location. If your use of this Website is illegal or prohibited by any applicable local, state, national or international law or regulation, then you should not do so. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws.
No Warranties. This Website and the information and materials on this Website are provided "as is" and without warranties or representations of any kind either expressed or implied and CareMessage, its affiliates, and its or their respective partners, members, managers, officers, directors, employees, and agents (collectively, the "CareMessage Parties") disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. The CareMessage Parties do not warrant the accuracy, completeness or reliability of any information on this Website or that this Website will operate "error free." Your use of this site and use or reliance upon any of the materials on it is solely at your own risk.
Limitation of Liability. In no event shall any CareMessage Party be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this Website. CareMessage Parties’ liability is limited to the maximum extent permitted by law and is limited even if a CareMessage Party has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction. You understand and agree that your use of this site is predicated upon your waiver of any right to sue any CareMessage Party directly or to participate in a suit for any losses or damages resulting from your use of this site.
Indemnification. As a condition of your use of the Website, you agree to indemnify and hold each CareMessage Party harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited to, attorney’s fees), as incurred, arising from your use of the Website or related services or from your violation of these Terms and Conditions of Use.
Ownership. All content included on this site, such as graphics, logos, articles and other materials, is the property of our organization or others and is protected by copyright and other laws. All trademarks and logos displayed on this site are the property of their respective owners, who may or may not be affiliated with our organization. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content or trademark displayed on this site without the written permission of our organization or such other third party that may own the content or trademark displayed on this site.By utilizing this Website, you agree not to sell, copy, publish, distribute, transfer, modify, display, reproduce or create derivative works from the materials on this Website for commercial use. You agree not to publish, display or redeliver any of the pages, text, images or content of this Website using "framing" or similar techniques.
Third Party Websites. This Website provides links to websites operated by third parties. In addition, third-party sites may be linked to this Website, with or without CareMessage’s consent. CareMessage makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon or any of the products or services described thereon. If you access any third-party website through our website or otherwise, you do so at your own risk. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
Governing Law. These Terms and Conditions of Use shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. Any dispute relating to these Terms and Conditions of Use shall be brought solely in the state or federal courts located in the State of California and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this Website within one year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision in these Terms and Conditions of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder shall continue in full force and effect. To the extent these Terms and Conditions of Use conflict with the terms and conditions of use relating to any password-protected area of this Website, the more specific terms and conditions of use relating to such password-protected area shall control.
Severability. If any provision of these Terms and Conditions of Use are deemed unlawful, void, or for any reason unenforceable, than that provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of the remaining provisions.
Arbitration. You agree that CareMessage may require you to submit any disputes arising out of or related to the Website or this Terms and Conditions of Use to final and binding arbitration under the American Arbitration Association, by a single arbitrator appointed in accordance with said rules.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CAREMESSAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Web Site Security. CareMessage makes no warranty whatsoever to you, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service.You may not violate or attempt to violate the security of the Website. Tampering with any portion of the Website, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Website, whether or not through the use of agents, are prohibited and constitute a breach of these Terms and Conditions of Use. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available within the Website and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Website and content or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.Any violations of system or network security including attempts to intentionally access a computer without authorization or exceed your authorized access level may be a violation of law. CareMessage may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website if we reasonably conclude that such restriction or termination is necessary to prevent, or prevent the further spread, of a virus, security breach or system malfunction.
Modifications. CareMessage may modify the Website or its content or this Terms and Conditions of Use at any time and from time to time with or without notice. You signify that you agree to be bound by such changes by using the Website after changes are made to this Terms and Conditions of Use. CareMessage makes no guarantee that the content offered through any CareMessage Website will remain available for any specific period of time.