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CarePlanIt’s Terms of Use

We take your privacy seriously. Please visit our Privacy Policy Page to review our privacy policy.

Terms of Use

By visiting CarePlanIt.com (the “Site”), you, the visitor of the Site, agree to the terms of this agreement. This agreement is subject to change at any time by CarePlanIt, LLC, (“CarePlanIt,” “we,” “us”). This agreement contains the entire agreement between the visitor and CarePlanIt, regarding the use of the site.

The agreement shall be governed pursuant to the laws of the state of New Mexico. The visitor hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement.

No Warranty

While CarePlanIt strives to provide useful information regarding aging issues and legal issues relating to aging, we cannot agree to the complete accuracy, timeliness or adherence to a particular State law. In short there are some things that we cannot guarantee, nor will we. All legal related information presented is only for information purposes. CarePLanIt always encourages you to seek legal counsel from a licensed lawyer in your state regarding all legal documents. CarePlanIt also allows users to post content that CarePlanIt does not review for accuracy, currency, or legal correctness. You acknowledge that such information may consist of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that legal and other information may be incomplete, may contain inaccuracies, or may be based on opinion. CAREPLANIT DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, CAREPLANIT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES OR SOFTWARE. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS.” CAREPLANIT ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

No warranty is made by CarePlanIt, regarding any information, services or products provided through, or in connection with, the Site, unless expressly agreed otherwise in another written agreement for a particular product or service. CarePlanIt, hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy or content of information, products or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Use Restriction

The material on the Site is meant to be shared for informational, non-commercial use only. Site visitors are allowed to download and distribute banner graphics and promotional materials only for the express purpose of promoting the Site. Videos appearing on CarePlanIt’ YouTube channel may be inserted into private non-commercial blogs and websites, but must link directly to the official CarePlanIt  video on YouTube. In no event, shall any video or material be used in any manner that implies any false association between CarePlanIt  and any other third party or in connection with the promotion of any product or service.

Geographic Restrictions

The Site and web-based services are intended for access and use within the United States only. The Site and web-based services are not intended for or directed to citizens, domiciles or residents of the European Union. Accordingly, our sites and web-based services comply with applicable United States privacy laws. By accessing the Site and web-based services, you affirm that you are not a citizen, domicile or resident of the European Union.

Your Email Address

CarePlanIt does not sell or share your email address to third-parties, except to deliver any services you have requested. Unsubscribing from any email list does not necessarily unsubscribe you from other email lists within CarePlanIt . Users agree to provide CarePlanIt , with an up-to-date email address.

User Posted Content

CarePlanIt does not sell or share your email address to third-parties, except to deliver any services you have requested. Unsubscribing from any email list does not necessarily unsubscribe you from other email lists within CarePlanIt . Users agree to provide CarePlanIt , with an up-to-date email address.

Information and postings on forums, comment areas, blogs, or other interactive features may be provided by persons acting on our behalf, as well as unrelated third parties. Users of the Services are not otherwise connected with us and may use anonymous screen names. CarePlanIt is not responsible for the Content of any communication submitted or posted by users to any features publicly viewable on the Services, such as blogs, message boards, or other interactive content, nor do we guarantee the truthfulness, veracity, accuracy, or validity of any posted communication. Any action you take or do not take based upon information posted to any of the Services interactive features is done at your own risk.

From time to time on certain areas of the Services, you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, threatening, harassing, infringing, violent, or otherwise objectionable or inappropriate as determined by CarePlanIt in its sole and absolute discretion. You will not post any content that contains personal information about any individual, violates the privacy of any individual, or breaches any confidentiality or other contractual obligation to which you are bound. You will not impersonate any person or organization or misrepresent an affiliation with another person or organization. You will not post any Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Services. We may cancel your account, restrict access to Services, and delete User Content at any time if we deem that you have violated these Terms or any applicable law, rule, or regulation, or for any other reason in our sole and absolute discretion. CarePlanIt does not assume any liability for any Content, including User Content, posted or removed from the Services.

By submitting communications or content to or through any part of the Services, you agree that such submission is non-confidential for all purposes and that any inclusion of personally identifiable information, such as your name or other information may allow others to identify you. If you are a healthcare professional, you agree that you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorization to disclose. We reserve the right, but assume no obligation, to monitor any submissions or postings and delete, move, or edit any User Content that we consider inappropriate or unacceptable for any reason. We may review comments and postings for relevance and appropriateness, and we may withhold, delay, or remove postings for any reason.

We reserve the right to republish any User Content contributed by any user of the Services. By posting, displaying, or publishing any content on the Services or submitting any correspondence to us, you expressly grant us a worldwide, nonexclusive, fully paid up, royalty free, sublicensable and transferable license to publish, reproduce, disclose, distribute, sell, or use User Content (including ideas, concepts, or techniques embodied in such materials) for any purpose whatsoever in any and all media known or hereinafter developed without the requirement to make any payment to you or to any third party or the need to seek your or any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, reproduction, or disclosure thereof. You represent and warrant that you own or have the right to all content submitted, displayed, published, or posted by you on the Services and have the right to grant the license set forth herein, and the displaying, publishing, or posting of User Content, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property or other rights of any person or entity.

Linked Sites

The Site provides links to other third-party websites (in all cases “Linked Sites”). These Linked Sites are provided solely as a convenience to you and may be based upon the content that you elect to view or the information that you provide. Such Linked Sites are not under our control, and we are not responsible for, and do not endorse, monitor, review, investigate, verify, or validate the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. We are not responsible for the accuracy or reliability of any information on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of these Linked Sites. Some of the content served by us may be from merchant sites, and sales or activities through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third-party web sites, including, without limitation, Linked Sites and websites linking to this website or its content. You should review applicable terms and policies, including privacy and data gathering practices, of third-party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.

Mandatory Arbitration and Dispute Resolution

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. You may send us the details of your concern to [email protected]  However, if CarePlanIt  is not able to informally resolve your complaint, you and CarePlanIt agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and CarePlanIt:

Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. mail to: [email protected] or CarePlanIt, LLC., Attention General Counsel, CarePlanIt LLC, 4801 Lang Avenue N.E., Suite 110, Albuquerque, NM 87109.

Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, CarePlanIt’s principal place of business in Bernalillo County, NM.

The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.

Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:

Small Claims Court. If the claim qualifies, either you or CarePlanIt may bring an action in small claims court in Bernalillo County, NM. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.

Injunctive relief. CarePlanIt may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, CarePlanIt may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms of Use.

Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in Bernalillo County, New Mexico, and you and CarePlanIt consent to personal jurisdiction and exclusive venue in such courts.

Option to Opt Out of Arbitration. You may opt out of this agreement to arbitrate. If you do so, neither you nor CarePlanIt can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: [email protected]

NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAREPLANIT OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CAREPLANIT, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.

Applicable Law

The laws of the State of New Mexico, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services.

Termination

Notwithstanding any of these Terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to and use of the Services. CarePlanIt reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.

Copyright

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with CarePlanIt’s Designated Copyright Agent:

CarePLanIt Copyright Agent

CarePlanIt LLC

4801 Lang Avenue N.E.

Suite 110

Albuquerque, NM 87109