Last updated October 1, 2018
This Website is not for use by any minors, defined as those who are not at least 18 years of age.
The information provided on this Website is not intended for distribution to or use by any person or entity in any jurisdiction where such usage distribution or use would be contrary to law or regulation.
If you provide any information that is untrue, inaccurate, misleading, nor current or incomplete, we have the right to suspend and/or refuse any and all current or future usage of the Website.
Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, CARE CAP PLUS and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. Unless otherwise indicated, the Website is CARE CAP PLUS’s proprietary property and all codes, databases, functionality, software, Website designs, audio, video, graphics, trademarks and/or services are owned by CARE CAP PLUS.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
- using this Website to harass, annoy, intimidate or threaten any CARE CAP PLUS employees
- You shall not disguise the origin of information transmitted through the Website.
- You will not place false or misleading information on the Website.
- You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by CARE CAP PLUS.
- You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another, defined herein.
- Certain areas of the Website are restricted to customers of CARE CAP PLUS. You may not use or access the Website or the CARE CAP PLUS Systems or Services in any way that, in CARE CAP PLUS’s judgment, adversely affects the performance or function of the CARE CAP PLUS Systems, Services or the Website or interferes with the ability of authorized parties to access the CARE CAP PLUS Systems, Services or the Website.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of CARE CAP PLUS.
Third-Party Websites and Content
This Website may contain or you may be sent links to other websites (“Third-Party Websites”), as well as text, information, applications, software or other content or items belonging to or originating from third-parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, validity, appropriateness or completeness by us, and we are no responsible for any Third-Party Websites accessed through this Website or an Third-Party Content posted on, available through, or installed from this Website including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third-Party Websites or Third-Party Content. Any purchases you make through Third-Party Websites will be through other websites and from other companies. CARE CAP PLUS takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the Third-Parties.
CARE CAP PLUS reserves the right, but not the obligation to:
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or portion thereof
- in our sole discretion and without limitation, notice, or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and
- otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
This Website is provided “as is,” and CARE CAP PLUS makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you, legal or medical.
Limitation of Liability
In no event shall CARE CAP PLUS, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and CARE CAP PLUS, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
CARE CAP PLUS is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between CARE CAP PLUS and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
Term + Termination
Disclaimer of Warranties
CARE CAP PLUS provides the carecapplus.com Website as a service to the public.
CARE CAP PLUS is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Website is correct, complete, and up-to-date.
Although the CARE CAP PLUS Web site may include links providing direct access to other Internet resources, CARE CAP PLUS is not responsible for the accuracy or content of information contained in these sites.
Links from CARE CAP PLUS to third-party sites do not constitute an endorsement by CARE CAP PLUS of the parties or their products and services. The appearance on the Website of advertisements and product or service information does not constitute an endorsement by CARE CAP PLUS, and CARE CAP PLUS has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
This Website cannot and does not contain legal and/or medical advice. The legal information is provided for general informational and educational purposes only and is not a substitute for any form of professional, legal and/or medical advice. Accordingly, we encourage you to consult with relevant, appropriate professionals. The use or reliance of any information contained on this site is solely at your own discretion and risk.
Limitation of Liability
To the extent permitted by applicable law and to the extent that CARE CAP PLUS is otherwise found responsible for any damages, CARE CAP PLUS is responsible for actual damages only. To the extent permitted by law, in no event shall CARE CAP PLUS, its affiliates, its licensors, its suppliers or any third parties mentioned at the website.
Governing Law & Jurisdiction
To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the website, the CARE CAP PLUS systems, information, services and content shall be instituted in a state or federal court sitting in the county of Fulton, state of Georgia, united states of America and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the website, the CARE CAP PLUS systems, information, services and/or content must be filed within one (1) year after such claim or cause of action arose.
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New Jersey for the resolution of any disputes.
If the Parties are unable to resolve a Dispute through informal negotiations, the Parties agree to resolve the Dispute via binding arbitration. You understand and acknowledge that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). If for any reason, a Dispute proceeds to court rather than arbitration, the Dispute shall be commenced and prosecuted in the state of New Jersey, Bergen County. The Parties hereby consent to, and waive all defenses related to lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state. In no event shall any Dispute brought by either Party related in any way to the Website be commenced more than one (1) year after the cause of action arose.
You hereby indemnify to the fullest extent CARE CAP PLUS from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach, if any, of any of the provisions of these Terms.
CARE CAP PLUS will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using this Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.