To the extent that any services and products are offered via this website, such services and products are licensed, not sold, to the end user (“You”) for use only under the terms of this License, unless a service or product is accompanied by a separate license agreement, in which case the terms of that separate license agreement govern subject to Your prior acceptance of that separate license agreement. The services and products subject to this License is referred to in this License as the “Licensed Application.”
Senior Match Solutions Corp. (“Licensor”) reserves all rights not expressly granted to You.
- General Conditions. If You enter Licensor’s website located at caresearch.com and/or its associated websites (the “Website”), You will be:
- installing or otherwise accessing one or more software programs on Your computer via the Website; and
- entering into this contract (the “Licensed Application End User License Agreement” or “EULA”) with Licensor which will then govern Your use of the Website.
LICENSOR MAKES NO REPRESENTATION OR WARRANTY ABOUT AND ASSUMES NO REPONSIBILITY FOR ANY AND ALL REPRESENTATIONS ABOUT A CAREGIVER AND/OR SERVICE PROVIDER MADE ON OR VIA THE WEBSITE. IT IS YOUR DUTY AND RESPONSIBLIITY TO VERIFY ANY AND ALL SUCH REPRESENTATIONS ABOUT A CAREGIVER AND/OR SERVICE PROVIDER MADE ON OR VIA THE WEBSITE.
- Scope of License.
- This License granted to You for the Licensed Application by Licensor is limited to a non-transferable license to use the Licensed Application on a computer that You own or control.
- You may use the Website only for lawful purposes. The services and products provided pursuant to this License are subject to, and You agree that You shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Website. As part of this condition, You agree not to use the Website to conduct any business or activity or solicit the performance of any activity which is prohibited by law or by any contractual provision by which You are bound.
- You may not rent, lease, lend, sell, redistribute, and/or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of Licensor’s rights. If You breach this restriction, You may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by Licensor that replace and/or supplement the originally offered services and/or products, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Content and Infringement
- Links and Search Results. The Website may provide access to search results or other links to other websites or resources. You acknowledge and agree that Licensor is not responsible for the availability of such external sites or resources; does not make any representations and/or warranty about the veracity, accuracy, or completeness of such external sites or resources or the content thereof; and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Licensor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
- Access to Content through the Website. You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (“Content”) made available or accessible through the Website, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You understand and agree that by accessing Content via the Website You may be exposed to Content that may be offensive, indecent or objectionable in Your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created by or originating with entities other than Licensor, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of links to such Content from the Website.
- The Website may be exposed to various security issues and should be regarded as unsecure. By accepting this Agreement, You acknowledge and accept that the Website and any information You access, download, and/or offer to share by means of the Website may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.
- Licensor respects and expects its users to respect the rights of copyright holders. Licensor reserves the right to disable the access to the Website or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. On notice, Licensor will act appropriately to remove Content under Licensor’s control that infringes the copyrights of others.
- Ownership of Content You Submit. Unless otherwise set forth in the terms of service for any of the Websites, You retain ownership of all rights in the content that You display on or through the use of the Websites. However, You grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of our services. If at our request You send content (such as contest submissions, polling questions) or You send us creative suggestions, ideas, notes, drawings, or other information (collectively, the “Submissions”), such Submissions shall be deemed, and shall remain, the property of Licensor. None of the Submissions shall be subject to any obligation of confidence on the part of Licensor, and Licensor shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Licensor shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
- Objectionable Content. Licensor will also act appropriately to remove Objectionable Content. “Objectionable Content” includes, but is not limited to:
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous;
- Content that is hateful, or advocates hate crimes, harm or violence against a person or group;
Content that may harm minors in any way;
- Content that has the goal or effect of “stalking” or otherwise harassing another;
- Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy;
- Content that is vulgar, offensive, obscene or pornographic,
Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- If Licensor becomes aware that, while using the Website, You have uploaded, posted, and/or shared Objectionable Content, Licensor may disable Your account.
- Privacy and Use of Data
- Passwords. In order to access certain services, You may be required to accept additional terms and conditions and/or establish an account including a unique ID and password. You are the sole and exclusive owner of any password and ID combination issued to or chosen by You. Maintaining the confidentiality and security of Your Password(s) and ID(s) is solely Your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via Your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of Your password(s), and/or ID(s) or any related account.
- If Licensor has reasonable grounds to suspect that the security of Your Password and/or ID has been compromised, Licensor may suspend or terminate Your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies.
- Licensor shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
- Consent to Use of Data. You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. You agree that Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
- Termination. This License is effective until terminated by You or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any of the terms and/or conditions of this License. Upon termination of the License, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- Services; Third Party Materials.
- The Licensed Application may enable access to Licensor’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
- You understand and acknowledge that many of the product and/or service offerings provided via the Website are those of one or more third parties; that these third parties are not affiliated with Licensor other than for the sole purpose of the third party’s use of the Website; and that each third party is not an employee, agent, representative, or joint venturer of or with Licensor.
- You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
- Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
- Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities and/or financially related transaction based upon information obtained through the Services, You should consult with a financial professional.
- You agree that Services may contain proprietary content, information, and/or material that is protected by applicable intellectual property and other laws, including but not limited to copyrights, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
- No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
- You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, LICENSOR; ITS PARENTS, AFFILIATE, AND SUBSIDIARY COMPANIES; OFFICERS, DIRECTORS, and EMPLOYEES; CONSULTANTS; AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY LICENSOR OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
- You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law.
- The laws of the State of Texas, excluding its conflicts of law rules, and the United States of America, as applicable, govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
- You agree that any and all disputes that arise, in whole or in part, under this License shall be litigated in a court of competent jurisdiction in Travis County, Texas; that such a court shall be a proper venue for all such disputes; and that such a court shall have subject matter jurisdiction and personal jurisdiction over You for all such disputes.
- THIS END USER LICENSE AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND LICENSOR. IF YOU DO NOT UNDERSTAND OR AGREE WITH ANY PART OF THE TERMS, CONDITIONS, AND RULES CONTAINED IN THIS LICENSE, DO NOT USE OR OTHERWISE ACCESS THE WEBSITE.
If You have any questions or concerns regarding this License, please let us know by emailing us to firstname.lastname@example.org.
- By continuing into and accessing the Website and the services and/or products offered via the Website, You represent and warrant that You have read this entire License, understand all its terms and conditions, and agree to all its terms and conditions.