Terms and Conditions of Use of Web Site

Acceptance of Terms of Use
CareGiverHelper, Inc. (“CareGiverHelper”) welcomes you to its web site (the “Site”) and its CareGiverHelperSM service (the “Service”). By using the Site or the Service in any way, including, without limitation, browsing the Site, downloading any materials, or placing an order for products or services, you agree to the terms and conditions of use described in this document, and any changes or modifications made and published here from time to time with or without notice to you (the "Terms of Use"). CareGiverHelper reserves the right, at CareGiverHelper' sole discretion, to change or modify the Terms of Use at any time with or without notice to you. Please check these Terms of Use regularly for changes. Your continued use of the Site following the posting of changes to the Terms of Use will mean you accept those changes. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.IF AT ANY TIME YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE, PLEASE REFRAIN FROM FURTHER USE OF THE SITE AND THE SERVICE.
Content Submitted to the Site
As used in the Terms of Use, “Content” refers to all materials submitted to the Site, including, but not limited to, information, data, text, images, video, audio and other files, software, and hyperlinks. Content made available on or through the Site is provided by CareGiverHelper customers and third-party users of the Site (herein called “Members”) all of whom are independent of CareGiverHelper. All such Content is the sole responsibility of the person who originated such Content, and CareGiverHelper does not have any responsibility or liability for the accuracy, quality, or completeness of such Content or any such Content that may be considered objectionable or offensive. If any Content violates these Terms of Use, or if CareGiverHelper otherwise determines such Content to be objectionable, CareGiverHelper shall have the right (but shall not be obligated) to edit or remove such Content.
Proprietary Rights
All Content and the elements of all advertisements on the Site are the property of CareGiverHelper, its subsidiaries or affiliated companies, and/or third parties and are protected by copyrights, trademarks, service marks, patents or other legal protections governing intellectual property and proprietary rights. No rights are conferred on you to use any trademarks, service marks, trade names or other proprietary information found on the Site without the permission of their respective owners. Unless otherwise specified, the Content made available on the Site is made available for your personal and non-commercial use only, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such Content obtained from the Site, except to the extent you are the legal owner thereof or have a legal right thereto.

You acknowledge and agree that the Site, the Service and any software used by CareGiverHelper in connection with the Site or the Service (“Software”) are the sole property of CareGiverHelper and contain proprietary and confidential information protected by applicable law, including intellectual property law. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Site, the Service or the Software, in whole or in part, without the prior written consent of CareGiverHelper.

Use of Services on the Site
The Site provides its Members access to a private community, created by the coordinator, designed to provide for communication amongst the members of the community. The Site may contain email services, communities, calendars, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with others within your community (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that do not violate the Terms of Use and, when applicable, that are related to the particular Communication Service. If a Member’s sponsored community terminates its relationship with CareGiverHelper, then CareGiverHelper shall have the right to transfer or assign Members of that community to one or more other CGH sites so those individuals or entities may continue to use CareGiverHelper’s Services.
CareGiverHelper reserves the right at all times to disclose any Content or other information as CareGiverHelper deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Content, in whole or in part, in CareGiverHelper' sole discretion.

Always use caution when giving out any personally identifiable information about yourself, a member of your family, or anyone else in any Communication Service. CareGiverHelper does not control or endorse the Content, messages or information found in any Communication Service and, therefore, CareGiverHelper specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Members and coordinators, moderators, and administrators of individual Communications Services are not authorized CareGiverHelper spokespersons, and their views do not necessarily reflect those of CareGiverHelper.
Prohibited Uses
As a condition of your use of the Site, you agree that you will not (i) use the Site for any purpose that is unlawful or prohibited by these Terms of Use; (ii) use the Site in any way that, in the sole discretion of CareGiverHelper, prohibits, discourages, or limits use and enjoyment of the Site or the Service by other Members; (iii) upload, post, transmit, or communicate Content that infringes or violates the rights of any party under contract or law; (iv) upload, post, transmit, or communicate any Content which may be considered false, misleading, inaccurate, unlawful, threatening, harassing, defamatory, libelous, slanderous, harmful to minors, vulgar, obscene, or offensive; (v) upload, post, transmit, or communicate any Content that is sexually explicit or pornographic; (vi) upload, post, transmit, or communicate any Content which contains viruses or other harmful or destructive code or is designed to interrupt or harm the operations of the Site or any feature of the Site; (vii) post or make available any hyperlinks to any other web site containing any content specifically prohibited by these Terms of Use; (viii) resell or otherwise attempt to make economic gain from the Service or any use of the Site or any Content on the Site, without the prior written consent of CareGiverHelper; (ix) manipulate uniform resource locators or other identifying information to disguise the source of any Content uploaded, posted, or transmitted to the Site or for any other purpose relating to the Site; (x) use the Site or the Service in any manner that could damage, disable, overburden, or impair the Site, the Service, any CareGiverHelper server, or any networks connected to any CareGiverHelper server; (xi) knowingly violate any rule or requirement of any network connected to the CGH Server; (xii) gain or attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any CareGiverHelper server or to the Site, through hacking, password mining or any other means; or (xiii) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Spam Email and Postings
You agree that CareGiverHelper would be irreparably harmed by the use, by you or others, of the Site or any of CareGiverHelper’s facilities in connection with the transmission or posting of unauthorized advertisements and offers, unsolicited ( so-called “spam”) email or other solicitations to Members, and that CareGiverHelper is entitled to remove and delete any such transmissions or postings and to obtain injunctive relief against any such transmission or posting (in addition to all other remedies available at law or in equity). CareGiverHelper reserves the right to block, filter or delete unauthorized postings or unsolicited email.
Termination of Your Account
Except as otherwise provided in a written agreement between you and CareGiverHelper, CareGiverHelper reserves the right to, in its sole discretion, terminate individual Member accounts and/or suspend access to the Site or portions of the Site. Reasons for termination or suspension may include, but are not limited to, inactivity on a Member account for a prolonged period of time or intentional falsehood with respect to registration information provided by a Member to CareGiverHelper.
Indemnity
You agree to indemnify, defend and hold harmless CareGiverHelper, its subsidiaries, and affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, licensors, co-branders, partners, and customers (each an “Indemnified Party”) from and against any claim, demand, suit, proceeding, damage, cost, liability, and expenses (including court costs and reasonable attorneys' fees), made or incurred as a result of action by any third party against CareGiverHelper or an Indemnified Party arising from or connected with (i) Content submitted to the Site by you, (ii) your use or misuse of the Site, or your connection to the Site, and (iii) your violation of the Terms of Use or of the rights of any third party.
Advertisements and Promotions
CareGiverHelper may run advertisements and promotions for itself or for third parties on the Site. The manner, mode and extent of advertising on the Site are subject to change and shall be in the sole discretion of CareGiverHelper. Your correspondence or business dealings with, or participation in promotions of, advertisers other than CareGiverHelper found on or through the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. CareGiverHelper is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-CareGiverHelper advertisers on the Site. You agree not to remove, alter, or interfere in any way with the display and functionality of any advertisement or promotion on the Site.
Disclaimers and Other Notices on the User of the Site
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, PUBLICATIONS AND SERVICES PROVIDED OR MADE AVAILABLE BY CAREGIVERHELPER TO YOU ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND CAREGIVERHELPER AND ITS AFFILIATES, PARTNERS, CONTRACTORS AND SPONSORS HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
CAREGIVERHELPER, ITS AFFILIATES, PARTNERS, CONTRACTORS AND SPONSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS "COVERED PARTIES") WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY DEFICIENCY OR ERROR IN THE SITE OR ANY SERVICE PROVIDED VIA THE SITE (COLLECTIVELY, THE "SERVICES") OR ANY ERRORS IN THE SOFTWARE OR OTHER MATERIALS ON WHICH IT IS BASED OR ANY INSTRUCTION OR OTHER MATERIALS DESCRIBING THE SERVICES OR THEIR USE OR ANY VIRUS OR SIMILAR HARMFUL COMPONENTS; (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICES (OR ANY PART THEREOF); (C) ANY USE OF THE SERVICES BY YOU (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE SERVICES); (D) THE QUALITY OR SUITABILITY OF ANY PRODUCT, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE; (E) YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE SITE OR THE SERVICES; (F) THE SITE OR THE CONTENT THEREON; OR (G) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF A COVERED PARTY.

IN NO EVENT SHALL THE COVERED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LOST PROFITS, LOSS OF GOODWILL, USE, DATA, OR CONTENT OR OTHER INTANGIBLE LOSSES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES OR ANY MATTER RELATED TO THE SITE, EVEN IF A COVERED PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILIYT OF SUCH DAMAGES.

YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE AND ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE SITE. THE SITE, AND ANY RELATED MATERIALS, PUBLICATIONS AND DOCUMENTS PROVIDED BY CAREGIVERHELPER MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. CAREGIVERHELPER AND ITS AFFILIATES, PARTNERS, CONTRACTORS AND SPONSORS ASSUME NO RESPONSIBILITY FOR, AND DISCLAIM ALL LIABILITY FOR, ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE SITE, MATERIALS, PUBLICATIONS AND DOCUMENTS.

CAREGIVERHELPER MAY MAKE CHANGES TO THE SITE, SERVICES ON THE SITE, INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE SITE AT ANY TIME AND WITH OR WITHOUT NOTICE.

THE SITE AND RELATED DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO CAREGIVERHELPER PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR MADE AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT CAREGIVERHELPER INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL CAREGIVERHELPER BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.

THE SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF CAREGIVERHELPER AND CAREGIVERHELPER IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF ANY LINKED SITE, OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CAREGIVERHELPER IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CAREGIVERHELPER IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT CAREGIVERHELPER ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.
Governing Law
These Terms of Use and the relationship between you and CareGiverHelper shall be governed by and interpreted according to the laws of the Commonwealth of Massachusetts without regard to or application of conflict of law rules or principles.
Privacy Statement
For information on CareGiverHelper’s privacy policy, please see our Privacy Statement.
Conflict with Written Agreement
If there is a conflict between any term contained in these Terms of Use and a term contained in a separate written agreement entered into by CareGiverHelper and a CareGiverHelper customer or Member, then the term contained in the separate written agreement shall control, but only to the extent necessary to resolve such conflict, and all other terms contained in these Terms of Use shall remain in full force and effect with respect to such CareGiverHelper customer or Member.
Representation of Subscribing Member
By accepting these Terms of Use, you hereby represent and warrant to CareGiverHelper that: (a) you have the legal capacity to accept and be legally bound by these Terms of Use; (b) you are at least eighteen (18) years of age, or at least thirteen (13) years of age and have the permission of a parent or guardian to register, become a Member and be bound by these Terms of Use (in compliance with the Children’s Online Privacy Protection Act of 1998); and (c) you will regularly review these Terms of Use and in the event you cease to agree with any provision contained in these Terms of Use, you will either remain bound by them or will immediately discontinue use of the Site and the Service.