Terms and Conditions of Use of Our Website
This Site is offered to its users conditioned on their acceptance without modification of the Terms that follow, and we reserve the right to revise or otherwise update these Terms at any time. When we make changes to the Terms, we will publish them here or we may direct you to other portions of our website where you may review other updates incorporated into the Terms. Your use of the Site constitutes your agreement to all such Terms; and you agree to check and refer to this web page and the Terms periodically to be aware of any such changes. Your continued use of the Site shall constitute your agreement to any modified or updated Terms, which are effective upon their publishing on this Site, unless specifically stated otherwise.
Purpose
The purpose of this Site is to assist you in accessing Care Indeed’s services and provide you information relevant to those services. Care Indeed’s mission is to provide you and/or your loved one(s) with exemplary personalized care services. We strive to create a better world for our seniors and caregivers by providing support from our professional team, leveraging our collective breadth and depth of experience, and each professional’s individual expertise.
Our Site allows users to request services for families, and for medical staffing. Our services for families include but are not limited to home care, long-term care, specialized care (e.g., hospital to home, and hospice and palliative care), 1:1 hospital sitters, private duty medical care, and disease specialists. Our medical staffing services include healthcare workforce solutions streamlined to fill staffing gaps in both short-term placements and long-term hires.
This Site allows users to:
View health-related information concerning staffing and care;
Communicate with our staff;
Arrange for home health care services;
Access:
Additional resources, including but not limited to articles and health and wellness related information published by Care Indeed, and online registration for various events and seminars that promote health and wellness;
Training programs;
The Care Indeed Institute of Nursing; and
Additional Services; and
Consent to receive important communications and documents regarding home health care services electronically through email addresses and phone numbers specified by the user for such purposes.
Never disregard professional medical advice or delay in seeking professional medical advice or services because of something you have read on the Site or on other sites for which links are provided. If you have reason to believe a medical emergency exists or is imminent, please immediately call “911” or your other applicable emergency phone number, or otherwise contact your emergency health services provider at once.
In addition, our Notice of Privacy Practices describes how medical information about you may be used and disclosed, and how you can gain access to this information. By using this Site, you agree that you have reviewed and understand Care Indeed’s Notice of Privacy Practices.
By using this Site or by exchanging electronic communications with Care Indeed, you understand and agree that if Care Indeed sends you an email notification that a communication and/or document(s) or other information was sent, and we do not receive a notification of delivery failure (i.e. a “bounce back” message), Care Indeed will be deemed to have provided the communication and/or such document(s) or information to you. This could occur if, for example, you do not receive it because your primary email address on file is blocked by your service provider, you discontinue use of the email address on file with us, or you are otherwise unable to receive electronic communications. It is your responsibility to ensure that communications from Care Indeed are not blocked by a spam filter or otherwise rerouted from your email inbox or address book for any reason, including without limitation due to settings within your email software or service provider.
To change or update your primary email address associated with you or someone on whose behalf you are authorized to act, as a user of Care Indeed’s services or this Site, please email us directly at info@careindeed.com.
As a convenience to you, the Site may contain links to other websites and access to content, products and services of third parties, including without limitation, parties we have no relationship with and affiliates, strategic parties and other entities with which our connection may consist only of a hyperlink (“Third Party Website(s)”). We provide you links to Third Party Websites because they may be of interest to Site users, and we may or may not have a business relationship with the party who controls the Third Party Website or services offered through such Third Party Websites. Please note that:
Information and views contained in Third Party Websites are not adopted or endorsed by us and such links are provided only for use at your discretion.
When providing links to Third Party Websites through this Site, we do so only as a convenience to you. The inclusion of any link to such Third Party Websites does not imply endorsement by Care Indeed of the site or any association with its operators.
We may also provide links to Third Party Websites managed by vendors, partners, or your or other healthcare providers with whom we have made arrangements to offer or provide you with services to help you manage your health care services or staffing needs. Although those third parties and Third Party Websites may specify a relationship with Care Indeed conforming with the foregoing description, such websites remain owned and operated by third parties, not Care Indeed.
Care Indeed is not responsible for the contents of any Third Party Website, including without limitation any link contained in a Third Party Website, nor are we responsible for any changes or updates to a Third Party Website. Nor is Care Indeed responsible for any content, security, or privacy practices of Third Party Websites or for any services, products or information provided therein or otherwise by the third party operators.
Care Indeed does not control, author, edit or monitor these Third Party Websites. You bear all risk associated with the use of any Third Party Website, or any third party services, products or information and are responsible for any loss or damage whatsoever you may incur from dealing with any Third Party Website; or your dealings with any third parties found on or through such websites. We make no guarantees about and disclaim any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on any Third Party Websites, and reserve the right to terminate such links at any time.
Nor does Care Indeed receive payment or other remuneration in exchange for you linking to any Third Party Website from this Site.
You should refer to and carefully review the privacy policies, separate terms of use, and other rules and statements posted on each Third Party Website before you use them. The fact that we make such links to Third Party Websites available should not be construed as and does not constitute or imply any endorsement, sponsorship or authorization by Care Indeed of those Third Party Websites, the entities that control them, or the information, products, services or content therein identified or otherwise offered by those third parties or available from such sites.
As a condition of your use of the Site, you warrant to Care Indeed that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided to you through the Site.
Specific examples of prohibited uses of this Site include but are not limited to the following:
Using another person’s username or password without their explicit authorization;
Attempting to gain unauthorized access to any information or data, documents, records, accounts, devices, systems, or networks connected to Care Indeed or its users through hacking, password cracking, IP spoofing, or any other form of black hatting;
Exploiting vulnerabilities in any system, hardware, software, or database through phishing, malware, or links to compromised websites;
Harvesting or otherwise collecting information about other individuals or users, including email addresses and personal or identifying information;
Linking to, framing, or using any trademark, logo, or other proprietary information on the Site without Care Indeed’s express written permission; and
Assisting any other party in the actual or attempted unauthorized use of this Site as set forth herein.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Care Indeed’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content of the Site, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. By your use of the Site, you agree to use content solely for your personal use and within the scope of applicable law and only to the extent explicitly allowed by these Terms.
You agree that you do not acquire any ownership rights in any content on or available through the Site, and that Care Indeed does not grant you any licenses, express or implied, to the intellectual property of Care Indeed or our licensors except as expressly authorized in writing. Any rights not expressly granted by these Terms or any applicable end-user license agreements are reserved for Care Indeed and its licensors and licensees. Content and features contained in this Site are subject to change or termination without notice at the sole discretion of Care Indeed.
Digital Millenium Copyright Act
Owners of copyrights who believe their copyrights under the laws of the United States have ben infringed by a use of this Site may report an alleged infringement to Care Indeed by following the relevant provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe in good faith that materials appearing on this Site infringe your copyright(s), you or your agent may send us a notice requesting that the material be removed, or access to it blocked.
If you believe in good faith that a notice of copyright infringement has been wrongfully filed against you, and you wish to notify Care Indeed of that wrongful notice, please follow the procedures set forth in the DMCA concerning counter-notices. More information about the DMCA may be found on the website of the United States Copyright Office, currently located at: https://www.copyright.gov.
Any notice provided to Care Indeed under the DMCA must meet the statutory requirements for a valid notice under the DMCA (17 U.S.C. § 512). Please note that if you materially misrepresent that online material, a product, or activity is infringing your copyright, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. The information contained herein is for personal, informational or educational uses only and is not, nor is it intended to be, legal advice. We suggest that you consult your legal counsel before filing a notice or counter-notice.
Care Indeed’s designated agent to for purposes of responding to notices pursuant to the DMCA is as follows:
Agent: Mark S. Edwards
Edwards Law Group, Inc.
Address: 2211 Park Blvd., Palo Alto, CA 94306 USA
Phone:(650) 330-1000
Email: mark@edwardslawgroup.com
Trademarks
All trademarks, service marks, and trade names of Care Indeed on this Site are trademarks or registered trademarks of Care Indeed or its licensors and respective owners. Your use of the Site does not grant you any rights of any kind to use these marks for any purpose other than those explicitly provided for herein or by written agreement between you and the owner of the mark(s). Users of this Site are not authorized to use any of these marks as meta tags or in any other manner that may create a false or misleading impression or appearance of affiliation, sponsorship, or endorsement with or by Care Indeed or the applicable third party.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IF AN ACTION WERE FILED IN COURT, AND OTHER RIGHTS YOU MAY HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. BY CONTINUING TO USE THIS SITE, YOU AGREE TO THIS ARBITRATION CLAUSE AND EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.
PARTY SHALL BE ENTITLED TO RECOVER THEIR COSTS AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF THOSE PROCEEDINGS.
THE ENTIRE DISPUTE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION SHALL BE DETERMINED BY THE ARBITRATOR. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.
THE PARTIES AGREE THAT THEY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and Care Indeed agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THIS WEBSITE, ITS CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND INCLUDING WITHOUT LIMITATION PRODUCT, DOCUMENTATION, INFORMATION OR OTHER CONTENT), AND ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THIS SITE IS AT YOUR OWN RISK. THIS SITE AND ITS OPERATION, ITS CONTENT, INFORMATION, MATERIALS, PRODUCTS, DOCUMENTATION AND ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARE INDEED NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THIS SITE, ITS CONTENT, OR ANY SERVICES, INFORMATION OR OTHER ITEMS OBTAINED THROUGH THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CARE INDEED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARE INDEED BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARE INDEED OR ITS VENDORS OR THIRD PARTIES WITH WHOM IT CONTRACTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NOTWITHSTANDING ANY OTHER CLAUSE IN THESE TERMS, CARE INDEED'S TOTAL AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF OR TYPE OF THE CAUSE OF ACTION SHALL BE LIMITED TO PROVEN DIRECT DAMAGES CAUSED BY CARE INDEED IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS (US $500.00). THE PROVISIONS OF THIS SECTION ALLOCATE RISKS UNDER THESE TERMS OF USE BETWEEN CARE INDEED AND YOU. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
Unless otherwise explicitly set forth herein or otherwise agreed in writing between you and Care Indeed, all notices required by these Terms are to be delivered by certified mail addressed to: Care Indeed, Inc.
Attn: Legal Department
890 Santa Cruz Ave., 2nd Floor
Menlo Park, CA 94025, USA
