1. Introduction
2. Obligations
4. Disclaimer and Limit of Liability
5. Termination
6. Governing Law and Dispute Resolution
You agree that by clicking “Signup” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with CareDuct (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Signup” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to CareDuct.com and CareDuct apps and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.
You are entering into this Contract with CareDuct (also referred to as “we” and “us”).
We use the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
If you reside either inside or outside the “Designated Countries”, you are entering into this Contract with CareDuct Company which will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
This Contract applies to Members and Visitors.
As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and its updates.
When you register and join the CareDuct Service, you become a Member. If you have chosen not to register for our Services, you may access certain information as a “Visitor.”
We may modify this Contract or our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age“ Members who were below this new Minimum Age when they started using the Services under a previous User Agreement which had allowed certain persons under 16 to use the Services, may continue to use the Services. As of June 2017 persons under the age of 16 are not eligible to use our Services; (2) you will only have one CareDuct account, which must be in your real name; and (3) you are not already restricted by CareDuct from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and. You are responsible for anything that happens through your account unless you close it or report misuse.
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.
Please review your settings to control messages you receive from us.
Our Services allow app installation link sharing in order to onboard other group members you have in your phone book.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
As between you and CareDuct, you own the content and information that you submit or post to the Services, and you are only granting CareDuct and our affiliatesAffiliates are companies controlling, controlled by or under common control with us, including, for example, CareDuct Corporation. the following non-exclusive license:
A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content).
3. We will get your consent if we want to give others the right to publish your content beyond the Services
4. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
You and CareDuct agree that if content includes personal data, it is subject to our Privacy Policy.
You and CareDuct agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
You promise to only provide information and content that you have the right to share, and that your CareDuct profile will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. CareDuct may be required by law to remove certain information or content in certain countries.
We may change or discontinue any of our Services.
CareDuct is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
CareDuct reserves the right to limit your use of the Services, including the number of emails sent for processing at your [phone]@careduct.com. CareDuct reserves the right to restrict, suspend, or terminate your account if CareDuct believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts).
CareDuct reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in the Services are the trademarks of their respective owners manly the home service providers. CareDuct logo and other CareDuct trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of CareDuct.
We will use the information and data that you provide and that we have about Members to make recommendations for other home providers, content and features that may be useful to you.
TO THE EXTENT ALLOWED UNDER LAW, CAREDUCT (AND THOSE THAT CAREDUCT WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS CAREDUCT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CAREDUCT (AND THOSE THAT CAREDUCT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF CAREDUCT (AND THOSE THAT CAREDUCT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US €100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CAREDUCT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF CAREDUCT HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and CareDuct may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.
7. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that CareDuct has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that CareDuct may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
You agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your real name on your profile; and
4. Use the Services in a professional manner.
You agree that you will not:
1. Create a false identity on CareDuct, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Service;
4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of CareDuct;
5. Disclose information that you do not have the consent to disclose (such as confidential information of others group members);
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the bills or other content without their permission;
7. Violate the intellectual property or other rights of CareDuct, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “CareDuct” or our logos in any business name, email, or URL;
8. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
9. Imply or state that you are affiliated with or endorsed by CareDuct without our express consent (e.g., representing yourself as an accredited CareDuct broker);
10. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without CareDuct’s consent;
11. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without CareDuct’s consent;
12. Use bots or other automated methods to access the Services, add or download contacts, send or redirect bills;
13. Monitor the Services’ availability, performance or functionality for any competitive purpose;
14. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
15. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
16. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.