Introduction
Welcome to Cariloop! We are Cariloop, Inc., a Delaware corporation, (“we”, “us”, “Cariloop” or the “Company”) and we offer the services described below under the heading “Description of Services” at http://www.cariloop.com (the “Service”) according to these terms of service (these “Terms of Service”) below, as well as our separate privacy policy (the “Privacy Policy”) available at http://cariloop.com/privacy-policy.
By using the Service, you are agreeing to the terms below. Please read them carefully. We reserve the right to modify these Terms of Service without notice. Violation of these Terms of Service will result in termination of your account. Questions about these Terms of Service may be sent to info@cariloop.com.
Description of Services
We have developed an innovative platform that can help to create a plan for a healthcare transition. Our web application allows users (“Users”) to collaborate and share information with us, family members, and others, store important files/information, and schedule a time to speak with a member of our staff or a healthcare professional that can answer questions and guide you. Fees may apply to speak with a member of our staff or a healthcare professional.
General Terms
The Service is not intended for persons under 18 years of age. By using the Service, you represent that you are at least 18 years of age or, if you are not at least 18 years of age, you have permission to use the Service from at least one of your parents or legal guardians.
We may prohibit you or any User from using the Service in our sole discretion at any time for any reason and we are not liable for any damage or loss resulting from such prohibition.
You are responsible for using the Service in a private and secure manner. We are not liable for any damage or loss due to unauthorized account access resulting from your actions.
You may not use the Service for any illegal activity or to violate any laws in your jurisdiction.
You may not use the Service to distribute unsolicited email (“spam”) or malicious content such as viruses or worms.
You may not exploit the Service to access unauthorized information.
If you abuse or threaten to abuse any User, us, or any of our personnel, we may immediately terminate your account.
Our failure to enforce or exercise any right provided in these Terms of Service is not a waiver of that right.
Should any provision of these Terms of Service be found invalid or unenforceable, the remaining provisions of these Terms of Service shall still apply.
These Terms of Service constitutes the entire agreement between you and us and supersedes any and all previous agreements, written or oral, between you and us, including previous versions of these Terms of Service.
Not Medical Advice
Please note that information presented through the Service is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should discuss this information with your healthcare provider in order to determine whether care may be appropriate in your situation.
External Websites Disclaimer
By clicking on any links provided by the Service to external sources, you will be leaving our website. You are responsible for checking the accuracy, completeness, currency and suitability of all information on any external sites to which we provide links.
Modification to Service
We reserve the right to modify, suspend, or discontinue the Service for any reason, with or without notice.
Content and Submissions
Any video, writing, comments, remarks, ideas, graphics, photographs, or other information communicated, uploaded or posted to the Service by a User is governed by the Privacy Policy.
Subject to the license granted below, any video, writing, comments, remarks, ideas, graphics, photographs, or other information (collectively, “User Content”) communicated, uploaded or posted to the Service by a User belongs to the User who posted such User Content. You may use any User Content posted by you in any way without restriction. You may only use User Content posted by others in the ways described in these Terms of Service.
When you, as a User, upload, communicate or submit User Content to us or the Service, you grant us a non-exclusive, royalty-free, worldwide license to publish and use your User Content. Should you decide to terminate your account with us, you will have the option to permanently delete your uploaded User Content from our system. In addition to the right to publish, you also grant us under said license the following rights, without limitation: (i) the right to transfer, deliver, and utilize the User Content, which includes the distribution via computer and networks; (ii) the right to edit, correct, develop, or translate the User Content if needed; (iii) the right to post the User Content in any media, and (iv) the right to use or incorporate all or any part of the User Content in any of our products or services. By posting User Content you hereby waive any and all rights to be compensated by us for such User Content.
The submission of your User Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:
- The User Content represents your own original work. You have all necessary rights to submit the User Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by our use of the User Content.
- You understand that disclosure of User Content does not establish a confidential relationship or obligate us to treat your User Content (or any related materials) as secret or confidential.
- You hereby irrevocably release and forever discharge us and our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns with respect to the User Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the User Content, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
- We have the right, but not the obligation, to remove User Content that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit or revoke the use of privileges of account of anyone who posts such User Content.
Content Posted by Third Parties
We cannot control all Content posted by third parties to the Service, and we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damages of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
Copyright, Ownership, and Data Security
We own intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Service.
WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SERVICE POSTING OR REBROADCASTING THE CONTENT IN ANY WAY INCLUDING, BUT NOT LIMITED TO, POSTING CONTENT ON HTTP://WWW.CARILOOP.COM.
We respect the intellectual property of others. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our copyright agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.
The company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: info@cariloop.com.
Cariloop Warranties; Disclaimers
We hereby represent and warrant that use of the Service as contemplated herein will not infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws.
UNLESS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND YOU ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability and Damages
WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THESE TERMS OF SERVICE, EVEN IF SUCH WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL OUR OR OUR AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO US.
Mutual Indemnification
Each party hereto shall hold harmless and indemnify the other party hereto and its officers, trustees, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Service or the delivery of products, services or information over the Service, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Service or your use of the Service or any products, services or information obtained from the Service.
Miscellaneous Provisions
These Terms of Service applies only to your use of the Company’s website and do not apply to your use of any other Company product or service. The terms and conditions applicable to our other products or services shall apply to and govern your and our rights and obligations with respect to your use of such other products or services.
If you choose to purchase one or more services or upgrades, you agree to make payments to us as explained in the then-current fee schedule, and you understand and agree that all your payments are non-refundable and non-transferable. Prepayment must be secured before we will make optional services available to you. As such, you agree to have us process the appropriate service charge according to the billing or credit card instructions you provided to us, including charging your designated credit or debit card on record at the time of your purchase. You understand and agree that any failure to comply with these Terms of Service may result in a revocation of your service or upgrade with no refund of any portion of the fees.
You and we agree that the substantive laws of the State of Texas, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of these Terms of Service. YOU AND WE CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN DALLAS COUNTY, TEXAS, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE OR TO OUR WEBSITE. Except as otherwise required by law, including Texas laws relating to consumer transactions, any cause of action or claim you may have with respect to the our website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
About these Terms
We may modify these Terms of Service as necessary to reflect updates to the Service, http://www.cariloop.com, or changes in the law. We will post any such modifications to these Terms of Service on this page. If you do not agree with or accept the changes in these Terms of Service, your only recourse is to discontinue your use of the Service.
These Terms of Service create an agreement between us and you. They do not create any third-party beneficiary rights.
Waiver of any remedy for a breach of these Terms of Service does not prevent us from taking action in the future.
The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms of Service.
Last modified on February 14, 2016