The Care Centers, Inc., a Delaware corporation (“The Care Centers”) provides resources and information to assist you, seniors and loved ones make important decisions and critical choices about senior care options.
All services offered herein by The Care Centers on the Website (as defined below) are collectively referred to as the “Service”. The Service and Website (as defined below) is owned and operated by The Care Centers.
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR CARE ADVICE
THE CONTENTS OF THIS WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT ON THIS WEBSITE IS NOT INTENDED TO BE A SUBSTITUTE FOR SPECIFIC MEDICAL, LEGAL, FINANCIAL OR OTHER PROFESSIONAL OR LICENSED SERVICE ADVICE. WE DO NOT PROVIDE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT; OR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR SPECIFIC RECOMMENDATIONS FOR PARTICULAR SERVICE PROVIDERS.
ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER TRAINED LICENSED PROFESSIONALS OR SERVICE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE ON DECISIONS RELATED TO THE CARE OF A LOVED ONE, YOURSELF OR A FAMILY MEMBER.
YOUR CHOICES ABOUT THE CARE OF YOURSELF, A FAMILY MEMBER OR A LOVED ONE SHOULD ONLY BE MADE AFTER CONSULTING WITH A PROFESSIONAL LICENSED SERVICE PROVIDER BASED UPON YOUR UNIQUE NEEDS OR CONDUCTING YOUR OWN CAREFUL REVIEW AND INVESTIGATION.
RELIANCE ON ANY INFORMATION OR MATERIALS PROVIDED BY THE WEBSITE, THE CARE CENTERS, THE CARE CENTERS EMPLOYEES, OTHERS APPEARING ON THIS WEBSITE, OR OTHER USERS OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
NEVER DISREGARD MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL OR LICENSED ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.
YOUR ACCESS OR USE OF OUR WEBSITE AND OUR SERVICES DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, ATTORNEY/CLIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE CARE CENTERS' PART OR THE PART OF OUR SUPPLIERS, DISTRIBUTORS, PARTNERS, AND/OR AFFILIATES. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, ATTORNEYS, ADVISORS, CAREGIVERS, PROCEDURES, OPINIONS, ADVICE, OR OTHER INFORMATION THAT MAY APPEAR ON THIS WEBSITE. IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY THIS WEBSITE, ITS EMPLOYEES, CONSULTANTS, OR ITS GUESTS OR VISITORS, YOU DO SO SOLELY AT YOUR OWN RISK.
Unless otherwise indicated, all Website materials, including, without limitation, The Care Centers logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of The Care Centers or its licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Website-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance without the prior written permission of The Care Centers is strictly prohibited.
The Care Centers, the domain (http://www.thecarecenters.com/), the logo, and any proprietary product or service names contained in this Website are either trademarks or registered trademarks of The Care Centers or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Care Centers. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of The Care Centers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Care Centers. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right.
THIRD-PARTY LINKS AND THIRD-PARTY SERVICES
The Care Centers may provide links to web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. The Care Centers does not monitor, nor does it have any control over, any Third-Party Content. The Care Centers do not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. The Care Centers make no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving The Care Centers site, you should be aware that The Care Centers' terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third-Party Content contained therein at their own risk. In connection with your use of our Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by The Care Centers. If you choose to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party services or products. You agree that the third party, and not The Care Centers, is responsible for the performance of the third-party services or products.
NON-CONFIDENTIALITY OF EMAILS IN TRANSIT
Please be aware that your emails and Contact Us form submissions, if any, while in transit to the Website, may not be a secure method of communication of confidential information and are not encrypted. Such messages potentially could be accessed and viewed by others without your knowledge and/or permission, while in transit.
PUBLIC CONTENT AND FEEDBACK
INAPPROPRIATE IMAGES OR WORDS
The Care Centers reserve the right to remove any text, content or images uploaded by you that it deems in its sole judgment to be inappropriate or which it believes may subject The Care Centers to any liability, including, without limitation, the following:
photographs, pictures, images, text or other materials submitted by users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
profanity or offensive comments including, but not limited to, expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
The Care Centers may elect to electronically monitor areas of this Website and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this Website, or to protect the rights or property of The Care Centers, its independent contractors, service providers, consultants, sponsors, licensors or the public. The Care Centers retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, The Care Centers, or the rights of any third party, or to violate any applicable law. You agree that (i) The Care Centers is not liable for content that is provided by others and (ii) that The Care Centers has no obligation to prescreen content that may be posted in such areas and are not responsible for such postings. While we have no duty to prescreen content, The Care Centers has the right to refuse to post or to edit submitted content.
ONLINE CONDUCT; REPEAT INFRINGER POLICY
You agree to use this Website only for lawful purposes. You are prohibited from posting on or transmitting through The Care Centers any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
The Care Centers respects the intellectual property of others, and we ask our users to do the same. The Care Centers may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
The Care Centers may accept advertising on our Website. Any dealings that you have with advertisers found on the Website are between you and the advertiser and you acknowledge and agree that The Care Centers is not liable for any loss or claim you may have against an advertiser.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE, THE SERVICE, AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON OUR WEBSITE OR LINKED FROM THE WEBSITE IS AT YOUR SOLE RISK AND ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND.
THE CARE CENTERS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING: (A) THE CARE CENTERS CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE, MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THE WEBSITE OR LINKED FROM THE WEBSITE AND THE CARE CENTERS SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR LOSS OF OR ALTERATION OF, ANY USER CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (B) THE CARE CENTERS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, DATA OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (C) UNDER NO CIRCUMSTANCES WILL THE CARE CENTERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH AND LOSS OF USER CONTENT, RESULTING FROM USE OF THE SERVICE OR THE WEBSITE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE WEBSITE; AND (D) THE CARE CENTERS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE OR THE WEBSITE OR OF ANY THIRD PARTY SERVICE PROVIDER, PARTNER, CAREGIVER, CARE RECIPIENT OR EXPERT.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR USER ACCOUNT OR YOUR USE OF THE SERVICE.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL THE CARE CENTERS, ITS OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, PARTNERS, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF THE CARE CENTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE OUR WEBSITE, REMOVAL OR TERMINATION OF OUR WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON OUR WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM OUR WEBSITE OR ANY OTHER MATTER RELATING TO OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CARE CENTERS WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CARE CENTERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE CARE CENTERS’ WEBSITE OR SERVICES EXCEED: (A) ANY COMPENSATION YOU PAY, IF ANY, TO THE CARE CENTERS FOR ACCESS TO OR USE OF THIS WEBSITE OR THE SERVICES; OR (B) $1,000, WHICHEVER AMOUNT IS LESS. THIS LIMITATION WILL APPLY EVEN IF THE CARE CENTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCLUSIONS AND LIMITATIONS
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
LINKING TO OUR WEBSITE
You are granted a limited, nonexclusive right to create a hyperlink to this Website provided such link does not portray The Care Centers or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any The Care Centers trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page without The Care Centers' express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a The Care Centers name, trademark or product name without The Care Centers’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of The Care Centers or any third party. The Care Centers makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to this Website.
SEVERABILITY AND NONWAIVER
APPLICABLE LAW/JURISDICTION AND VENUE
CAUSE OF ACTION
ADMISSIBILITY OF PRINTED VERSION
DMCA COPYRIGHT NOTICE
The Digital Millennium Copyright Act of 1998 (the “DMCA”) protects copyright owners who believe that material which appears on the internet infringes upon their rights under U.S. copyright law. If you believe any materials accessible on or from the Website infringe your copyright, you may send us a notification requesting to remove the material or block access to it. The Care Centers will delete all content if correctly notified that such content encroaches or violates another's intellectual property rights. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
The Care Centers agent for copyright issues relating to this Website is as follows: by mail to Designated Agent, The Care Centers, Inc., 2625 Middlefield Road, #171, Palo Alto, CA 94306-2516 or email contact at thecarecenters.com.