Terms of Service / End User License Agreement (EULA)
The terms and conditions of this agreement shall govern all use of Care Value, Inc.’s (“CareValue”) technology and service solutions (“tools”) – including CareValue.com and Info.CareValue.com, and all Customers agree to be bound by the Agreement.
Whereas, Tools represent the tools, platforms, websites, products, services, etc. created, developed, provided, or licensed to customers.
Customer accepts full responsibility for the security of their information, and any information disseminated through the Customer’s use of CareValue’s tools.
Customer agrees not to transfer or permit the right to use the system, once they have signed on. CareValue’s tools may not be licensed, leased, exchanged or bartered. Customer shall notify CareValue immediately upon discovering an unauthorized use of tools.
Transmission and Receipt of Content
CareValue does not monitor, review, or edit content of material that may be created or accessed through CareValue’s tools. However, CareValue may remove or restrict materials which, in CareValue’s sole discretion, may be illegal, may subject CareValue or its affiliates to liability, or which otherwise violate this Agreement. CareValue may cooperate in the investigation of any suspected or alleged crime or civil wrong.
Intellectual Property and System Integrity
Customer agrees not to translate, reverse engineer, reverse compile, disassemble, make derivative works from, or in any way attempt to gain access to the underlying features of CareValue’s tools, or to disable, improperly access or modify the tools in any way. Customer acknowledges that CareValue retains intellectual property rights and agrees not to act in any manner that may infringe on these rights.
The use of CareValue’s tools for any of the actions listed shall constitute violations of this Agreement. Other similar actions may be likewise deemed to be violations; CareValue shall be the sole arbiter of acceptable use of CareValue’s tools. If a violation is detected, Customers should report the violation to CareValue, along with the IP address used to commit the alleged violation, the date, time and time zone for the occurrence, and evidence of the violation. Full headers are helpful evidence for email violations. 1. Illegal Use. Use of the system to violate any law, whether the violation is intentional or unintentional. 2. Harm to minors, or attempted harm to minors. 3. Transmission of material that is threatening, harmful, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. 4. Transmission of material that you do not have the right to make available to others, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements. 5. Fraudulent activity, including fraudulent offers or services that might advance any fraudulent scheme or securities fraud. 6. Forgery or impersonation of another person or entity by modification of identifying material in a manner that suggests an effort to deceive. 7. Sending unsolicited bulk or unsolicited commercial email, unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or the like, or facilitating same. 8. Copyright of trademark infringement by transmission of protected material. 9. Collection or attempted collection of personal data about others without their consent. 10. Actions that disrupt the network or adversely affect the ability of others to use CareValue’s tools. In addition to denial of services, attacks, transmission of viruses, and other actions that intentionally disrupt the network or non-traditional end user activities, such as high volume transfers or server hosting, are prohibited.
Disputes may arise between Customer and others or between Customer and CareValue. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks, or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. All claims, disputes or wrongdoing which are related in any way to the content of information that you transmit or receive are the Customer’s sole and exclusive responsibility.
YOU ACKNOWLEDGE THAT CareValue’s TOOLS ARE PROVIDED “AS IS, AS AVAILABLE” , WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE tools OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF CareValue’s tools OR THAT CareValue’s tools WILL BE UNINTERRUPTED OR ERROR-FREE. CareValue DOES NOT WARRANT THAT THE tools WILL BE PROVIDED FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. CareValue DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND CareValue DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS AND NO ADVICE FROM CareValue OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
Termination and Other Consequences of Violation
Violation of this Agreement may result in the issuance of warnings; suspension or termination of access to CareValue’s tools; and legal action to enjoin violations and/or collect damages.
These rules shall be governed by and construed in accordance with the laws of New York, excluding its conflict of laws provisions. The exclusive personal jurisdiction of and venue for all disputes that may arise from these terms and conditions or violations thereof shall be the state and federal courts located in Manchester, New York, and the Customer consents to such exclusive jurisdiction and venue and waive all objections to such jurisdiction and venue.
If any part of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with the applicable laws, and the remainder shall have full force and effect.
Any failure by CareValue to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of the Agreement.
If you are dissatisfied with the services or tools provided by CareValue, or with any related terms, conditions, rules, policies or guidelines, your sole and exclusive remedy is to discontinue using the services and terminate your account.
Reproduction of the protected content of the CareValue website without the express written permission of CareValue is strictly prohibited.
CareValue reserves the right to terminate or suspend any user or account at any time with or without warning.
Data Collection and Usage