Terms Applicable to Use of the Sites
Content; Intellectual Property
Your rights of access and use of our Intellectual Property are restricted as follows:
- All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on our Site are owned, controlled, or licensed by or to CareTaker, and is protected by trade dress, other trademark law, copyright law, patent law, and various other intellectual property rights and unfair competition laws.
- You may use information on CareTaker products and services (such as white papers, support articles, and similar materials) purposely made available by CareTaker for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents nor make modifications to any portion of the information; (2) use such information only for your personal, non-commercial informational purpose; (3) not copy or post such information on any networked computer or broadcast it in any media; and (4) not make any additional representations or warranties relating to such documents.
Your use of the Site, and your email(s) and/or text message(s) to us, are electronic communications by you to CareTaker. You consent to receive communications from CareTaker in electronic form. We will communicate with you by notices posted on this and other Sites, by email, by text, or by other mobile message. You agree that all electronically provided agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.
Website and App Uses and Restrictions
Your use of the Site is restricted, including, but not limited to, the following rules:
- You may not use any deep-link, page-scrape, robot, spider, crawl, index, internet agent, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. CareTaker reserves the right to bar any such activity.
- You may not attempt to gain unauthorized access to: any portion or feature of the Site, or any other systems or networks connected to the Site or to any CareTaker server; or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate means.
- You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures of the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of CareTaker, including any CareTaker account not owned by you, to discover its source or to exploit the Site or any services or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CareTaker’ systems or networks, or any systems or networks connected to the Site or to CareTaker.
- You agree not to use any device, software, or routine in order to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted within the Site, or with any other person’s use of the Site.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CareTaker on or through the Site or any Service offered on or through our Sites. You may not pretend that you are, or that you represent, someone else, nor may you impersonate any other individual or entity.
You further agree that:
- You are at least 18 years of age;
- You are able to, and authorized, to create a binding legal obligation;
- Your agreement, acknowledgement, and acceptance for the purchase of, or agreement for, any product, services, terms, conditions, pricing, and/or restrictions may be evidenced by clicking “I Agree” or “Accept” or “Submit” or “Purchase” or “Complete” and you agree that such an action will be considered and treated the same as though you physically signed such purchase or other agreement pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. Secs 7001, et seq.,
- You will use the website for your own use and will not provide either information about any other person or information that is inaccurate and/or incomplete, nor will you otherwise conduct fraudulent activities;
- You will not tamper with the Site.
Links to Third-Party Websites or Services
Validating Your Transaction
After you place an order, CareTaker will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address you have given us with the order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. CareTaker reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THESE SITES IS AT YOUR SOLE RISK. NEITHER CARETAKER, NOR ITS SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THESE SITES, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY, OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS), SERVICE, PRODUCT, OR TRANSACTION PROVIDED THROUGH THESE SITES. THE SITES AND ALL CONTENT AND OTHER INFORMATION CONTAINED WITHIN THE SITES, AND SOFTWARE, PRODUCTS, AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED WITHIN THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CARETAKER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
CARETAKER HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE CONTENT, STATEMENTS, OR OTHER INFORMATION CONTAINED WITHIN OR ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARETAKER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CARETAKER SOFTWARE OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
UNLESS EXPRESSLY STATED OTHERWISE IN A SEPARATE AGREEMENT WITH CARETAKER, YOUR SOLE REMEDY AGAINST CARETAKER FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
- The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
- CareTaker reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
You agree to indemnify and hold CareTaker, including our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, losses, liabilities, claims, or expenses (including attorneys’ fees), made against CareTaker by any third party due to, arising out of, or in connection with your use of the Site.
Termination of Access to Our Sites
- CareTaker may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CareTaker’ rights or property, or the rights or property of visitors to or users of the Site, including CareTaker’ customers. CareTaker reserves the right at all times to disclose any information that CareTaker deems necessary to comply with any applicable law, regulation, legal process, or governmental request. CareTaker also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Additional Termination of Access
You agree that CareTaker may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Void Where Prohibited
CareTaker administers and operates the Site from its location in Winnipeg, Manitoba, Canada. Although the Site is generally accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. CareTaker reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. CareTaker shall be free to use such information on an unrestricted basis.
Errors on Within Our Site and Digital Millennium Copyright Act Notice (DMCA)
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and CareTaker reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted, whether or not the order has been confirmed and whether or not you have been charged.
If you believe that any material on, in, or connected to the Site constitutes copyright infringement, you shall provide CareTaker with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The information contained in this website is subject to change without notice.
Copyright © 2018 CareTaker. All rights reserved.