Please read the following terms of use agreement carefully. By accessing or using our sites and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or our services. This terms of service agreement is effective as of 11/21/2015.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with CareCheckers, LLC, also known as CareCheckers, and our subsidiaries and affiliates, in association with the use of the CareCheckers website, which includes www.carecheckers.com (the "Site") and its Services, which shall be defined below.
The Site is an information and e-commerce website which provides the following Services:
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of signing up using our online signup forms or by calling us at 1 (888) 477-0435, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of CareCheckers, LLC. At its discretion, CareCheckers, LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
CareCheckers, LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that CareCheckers, LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
To register and become a "member" of the Site, and to access our Services, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving CareCheckers' Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to: (a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and; (b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, CareCheckers, LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of CareCheckers, LLC Services, or any portion thereof.
You agree to pay to CareCheckers any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. You will be billed using the billing method you select when you register (i.e. signup for a Sevice). You may change your billing method at any time by calling us at 1 (888) 477-0435. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Our payments are processed securely using Stripe (https://www.stripe.com) - a leading payment processor for online services and in-mobile apps, which handles billions of dollars in transactions every year. Our signup forms are hosted by Cognito Forms (https://www.cognitoforms.com) and are protected with industry-standard 128-bit SSL Encryption. Please visit these sites to learn more and view their respective policies.
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your Subscription by calling 1 (888) 477-0436 or emailing hello@carecheckers.com. While we will be sad to see you go, you may cancel your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.
If you cancel a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
Unless otherwise stated, you are responsible for any taxes (other than CareCheckers’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay CareCheckers for the Services without any reduction for Taxes. If CareCheckers is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide CareCheckers with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged.
CareCheckers may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. CareCheckers will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
1. Care Calls: CareCheckers will place one or more telephone calls to you (depending on the options selected during signup) at or around your requested time, during normal business hours between 8 AM and 7 PM Eastern Time. Calls may be placed outside of normal business hours for an additional fee. CareCheckers makes no guarantee that calls will be made at your requested time.
The duration of the call will depend on your needs and is at the sole discretion of the CareCheckers representative making the call. Call length may vary from call to call and CareCheckers makes no guarantee as to the length of each call.
During a call we may provide any or all of, but not limited to, the following services: medication reminders, meal reminders, activity reminders, wake-up reminders, appointment reminders, general conversation. We may also make inquiries regarding your: health, medication, diet, exercise, activities, hobbies, interests, pets, family, friends.
You understand that CareCheckers is not a health provider and any statements made by CareCheckers or our representatives during a call are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You agree to always seek the advice of your physician, or other qualified health provider, with any questions you may have regarding a medical condition.
If we are unable to reach you by phone, after one or more attempts within 1-hour, we will attempt to notify your primary contact person via telephone, text (SMS) message, and/or email. If we are unable to reach your primary contact person, we will proceed to notify any secondary contact persons on file, until the contact list has been exhausted.
Once your contact person has been notified, or if the contact list has been exhausted without our having successfully established communication with one or more of your contacts, CareCheckers' involvement effectively ends.
You understand and agree that CareCheckers:
2. Monitored Check-In: You may place one telephone call, or send one email, or send one text (SMS) message, per day to check-in and let us know you are okay. Standard telephone fees, text message (SMS) fees, and/or internet data fees may apply. The content of the check-in message is entirely at your discretion.
Messages are logged and reviewed daily. If we do not receive the your check-in message by the end of normal business hours (8 AM to 7 PM Eastern Time), we will attempt to contact you via any or all of the following methods: telephone, text (SMS), email. If we are unable to reach you, you will have between 1-hour and 24-hours, depending on the options selected during signup, to establish communication with us before we attempt to notify your primary contact person via telephone, text (SMS) message, and/or email. If we are unable to reach your primary contact person, we will proceed to notify any secondary contact persons on file, until the contact list has been exhausted.
Once your contact person has been notified, or if the contact list has been exhausted without our having successfully established communication with one or more of your contacts, CareCheckers' involvement effectively ends.
You understand and agree that CareCheckers:
You are responsible for providing accurate information and keeping your information up-to-date. This includes, but is not limited to: your telephone number, your physical address, your billing and payment information, the phone numbers of your designated contacts, and any other information we need to provide Service.
You must obtain prior permission from your designated contact person(s) allowing us to call them in the event we cannot reach you.
It is your sole responsibility for coordinating a plan of action with your contact person(s) in the event we cannot reach you or in case of an emergency.
CareCheckers, LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of CareCheckers, you may cancel or terminate your account and/or access to our Services by submitting a cancellation or termination request to hello@carecheckers.com or by calling 1 (888) 477-0435.
As a member, you agree that CareCheckers, LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account and/or access to any of our Services.
Every member's registration data and various other personal information are strictly protected by the CareCheckers, LLC Online Privacy Policy (click here to read the full Privacy Policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by CareCheckers, LLC and/or our subsidiaries and affiliates.
All users, members and/or businesses herein agree to insure and hold CareCheckers, LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, settlement costs and reasonable attorney fees, made by any third party, which may arise from any content made available through our Site and/or Services, the use of CareCheckers Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
CareCheckers, LLC may allow for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to CareCheckers' Sites.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that CareCheckers, LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either CareCheckers, LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that CareCheckers, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a. THE USE OF CARECHECKERS, LLC SERVICES AND SITE ARE AT THE SOLE RISK BY YOU. OUR SITE AND SERVICES SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. CARECHECKERS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. CARECHECKERS, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSERS MAKE NO SUCH WARRANTIES THAT (i) CARECHECKERS, LLC SERVICES OR SITE WILL MEET YOUR REQUIREMENTS; (ii) CARECHECKERS, LLC SERVICES OR SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CARECHECKERS, LLC SERVICES OR SITE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SITE SHALL BE CORRECTED.
c. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF CARECHECKERS, LLC SERVICES OR SITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d. NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CARECHECKERS, LLC OR BY WAY OF OR FROM OUR SERVICES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SITE. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SITE: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CARECHECKERS, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
CareCheckers, LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the CareCheckers, LLC trademarks, copyright, trade name, service marks, and other CareCheckers, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of CareCheckers, LLC. You herein agree not to display and/or use in any manner the CareCheckers, LLC logo or marks without expressed written consent.
This TOS constitutes the entire agreement between you and CareCheckers, LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to CareCheckers, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other CareCheckers, LLC Services, affiliate Services, third-party content or third-party software.
It is at the mutual agreement of both you and CareCheckers, LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Pennsylvania without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and CareCheckers, LLC, shall be filed within the courts having jurisdiction within Monroe County, Pennsylvania or the U.S. District Court located in said state. You and CareCheckers, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should CareCheckers, LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please report any and all violations of this TOS to CareCheckers, LLC as follows:
Telephone: 1 (888) 477-0435
Fax: 1 (888) 477-0435
Email: hello@carecheckers.com
Updated: November 22nd, 2017
