Inc. Terms & Conditions of Use
Access to ECareDiary, Inc.’s (“We,” “Us,” or “Our”) website (“Site”) is provided to you subject to the following terms and conditions which may be updated by the ECareDiary, Inc. from time to time (“Terms and Conditions”). In addition, use of certain areas of the Site is subject to additional conditions or rules applicable to such areas and those conditions or rules are hereby incorporated by reference. The Terms and Conditions are a legally enforceable agreement with respect to your use of the Site, subject to ECareDiary, Inc.’s right to make modifications at any time as described below.
By using this Site, you accept and
agree to be bound by each of these Terms and Conditions. If you do not
agree to each of these Terms and Conditions, you should not use this Site and
1. Purpose of Site
THE SITE DOES NOTPROVIDE MEDICAL ADVICE.
The ECareDiary, Inc. maintains this Site as a source of information about long
term care for those who choose to access this Site (“users”).
2. Right to Change or Modify
The ECareDiary, Inc. reserves the right, at its sole discretion, at any time,
to change the Terms and Conditions. You should review this agreement periodically
for any changes to the Terms and Conditions which shall be effective upon
posting. By using the Site after changes to the Terms and Conditions have
been posted, you agree to accept the changes and abide by them whether or not
you have reviewed them.
You can browse the Site or you may choose to register to take advantage of
additional services, such as the Care Diary or to download or purchase medical
supplies or informational and educational webcasts. If you register
or participate in any feature on the Site or purchase materials from the Site,
you agree to provide current, complete and accurate registration and/or
purchaser information and data. ECareDiary, Inc. reserves the right to
suspend or terminate your use of the Site and/or any feature of the Site for
any reason including, without limitation, in the event that you provide any
information that is inaccurate, not current or incomplete, or the ECareDiary,
Inc. has reasonable grounds to suspect that such information is inaccurate, not
current or incomplete.
4. User Conduct
The Site may now or in the future contain bulletin board, discussion groups,
chat rooms, or other message, third party content or communication facilities
(collectively “Forums”). You agree to use the Forums only to send and
receive messages and material that are proper and related to the particular
Forum. By way of example, and not as a limitation, you agree that when using a
Forum, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten, or otherwise
violate the legal rights (such as the rights of privacy and publicity) of
- Publish, post, distribute or disseminate any
defamatory, infringing, obscene, indecent or unlawful material or
- Upload or attach files that contain software or other
material protected by intellectual property laws (or by rights of privacy
or publicity) unless you own or control the rights thereto or have
received all necessary components.
- Upload or attach files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of another’s computer.
- Delete any author attributions, legal notices or
proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other
material contained in a file that is uploaded.
ECareDiary, Inc. reserves the right
to terminate your access to the Site or any feature of the Site, at any time in
our sole discretion, with or without notice, if we believe that your conduct
fails to conform with the Terms and Conditions, to investigate and to involve
and cooperate with law enforcement authorities, and to pursue a civil lawsuit
or criminal prosecution for any alleged or actual illegal activities involving
the Site or any of its services.
5. Use of Site Content
The Site contains information and publications, including, but not limited to,
the Care Diary, the eCareDiary blog, the shopping portal, condition
information, videos, facilities search engine, research, text, graphics,
software, and other content (the “Site Content”). The Site Content is
protected under the copyright laws of the United States and of other countries.
Unless indicated otherwise on the Site Content, you must contact us for
permission for any reproduction, modification, or distribution of such Site
Content. Some Site Content may have been submitted by third parties, and
may be subject to more specific restrictions, as indicated on such Site
Content. You shall not use the name, logo, trademark or other symbol of
eCareDiary, Inc. in advertising, publicity releases, or publicly distributed
materials including, without limitation, customer lists or references on web
sites, blogs, home pages or hypertext links, without securing our duly
authorized, prior written consent.
In consideration of being allowed to
use the Site, you agree that the following actions shall constitute a material
breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of
local, state, national, or international laws;
- Posting material that infringes on the intellectual
property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory,
threatening, harassing, abusive, slanderous, hateful, or embarrassing to
any other person or entity as determined by eCareDiary, Inc. in its sole
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the
normal flow of dialogue, or posting comments that are not related to the
topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about
others, including email addresses, without their identification for
posting or viewing comments; consent;
- Allowing any other person or entity to use your
identification for posting or viewing comments
- Posting the same note more than once or
- Engaging in any other conduct that restricts or
inhibits any other person from using or enjoying the Site, or which, in Our
judgment exposes eCareDiary, Inc. or any of its customers or suppliers to
any liability or detriment of any type.
We reserve the right (but are not
obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s)
do(es) not conform to the terms of this section and determine in its sole
discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or
disruptive, or that otherwise fail to conform with these Terms and
- Terminate a user's access to any or all features of the
Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication.
- Edit or delete any communication(s) posted on the Site,
regardless of whether such communication(s) violate these standards.
We reserve the right to take any
action We deem necessary to protect the personal safety of our guests or the
public. We have no liability or responsibility to users of the Site or any
other person or entity for performance or nonperformance of the aforementioned
6. Contributed Content
ECareDiary, Inc. does not claim ownership of content you or others submit or
make available (“Contributed Content”) for inclusion in the Site, its services
and Forums. However, with respect to original Contributed Content for
inclusion in the Site, its services and Forums, you grant the ECareDiary, Inc.
a perpetual, royalty-free, world-wide license to use, distribute, reproduce,
make derivative works, edit, publish, translate, publicly perform and publicly
display such Contributed Content (in whole or in part) and to incorporate such
Contributed Content into other works in any format or medium now known or later
developed. If you contribute content that does not constitute your
original work of authorship as defined under U.S. Copyright Law, but a third
party holds the copyright and other proprietary rights to such content, you
represent and warrant to eCareDiary, Inc. that your work does not infringe on
any third party’s copyright or other proprietary rights and that you have
secured all necessary permissions and licenses prior to contributing such
content to the Site, its services and Forums. You further warrant that
you shall defend, indemnify and hold harmless the ECareDiary, Inc., its
officers, directors, employees, volunteers and authorized agents from and against
any third party claim for copyright infringement or a violation of proprietary
rights arising out of or related to your use of such third party content.
7. Public Forums
The personal information you submit to the Site or Us is governed by our Privacy
Policy. To the extent there is an inconsistency between this Agreement and the
All Forums are public and not private communications. Chats, postings,
conferences, e-mails and other communications by other users are not endorsed
by the ECareDiary, Inc. and such communications shall not be considered
reviewed, screened, or approved by the ECareDiary, Inc.. The ECareDiary,
Inc. reserves the right for any reason to remove without notice any Contributed
You agree that you will not upload or transmit any communications or content of
any type to the Public Areas that infringe or violate any rights of any party.
By submitting communications or content to the Site, you agree that such
submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to
Us by email, (including through the email addresses listed on the "Contact
Us" link) any communication or content that infringes or violates any
rights of any party. If you submit any business information, idea, concept or
invention to Us by email, you agree such submission is non-confidential for all
If you make any submission to the Site or Us or if you submit any business
information, idea, concept or invention to Us by email, you automatically grant
- or warrant that the owner of such content or intellectual property has
expressly granted - Us a royalty-free, perpetual, irrevocable, world-wide
nonexclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform, and display the communication or
content in any media or medium, or any form, format, or forum now known or
hereafter developed. We may sublicense Our rights through multiple tiers of
sublicenses. If you wish to keep any business information, ideas, concepts or
inventions private or proprietary, do not submit them to the Site or Us by
email. We try to answer every email in a timely manner, but are not always able
to do so.
The Site has several tools that allow you to record and store information. You
are responsible for taking all reasonable steps to ensure that no unauthorized
person shall have access to your passwords or accounts. It is your sole
responsibility to (1) control the dissemination and use of activation codes and
passwords; (2) authorize, monitor, and control access to and use of your
account and password; (3) promptly inform Us of any need to deactivate a
password. You grant Us and all other persons or entities involved in the
operation of the Site the right to transmit, monitor, retrieve, store, and use
your information in connection with the operation of the Site. ECareDiary, Inc.
cannot and does not assume any responsibility or liability for any information
you submit, or your or third parties' use or misuse of information transmitted
or received using the Site and its services.
8. Copyright Notice
If you believe in good faith that your copyrighted work has been reproduced on
the Site without authorization in a way that constitutes copyright
infringement, please advise us at once by contacting us at the address below
and providing the following information:
- Identification of the copyrighted work that you believe
to be infringed. Please describe the work, and where possible include a
copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be
infringing and its location. Please describe the material, and provide us
with its URL or any other pertinent information that will allow us to
locate the material.
- Your name, address, telephone number and (if available)
- A statement that you have a good faith belief that the
complained of use of the materials is not authorized by the copyright owner,
its agent, or the law.
- A statement that the information that you have supplied
is accurate, and indicating that "under penalty of perjury," you
are the copyright owner or are authorized to act on the copyright owner's
- A signature or the electronic equivalent from the
copyright holder or authorized representative.
Our agent for copyright issues
relating to this web site is as follows:
P.O. Box 1436
Pittsburgh, PA 15230
In an effort to protect the rights of copyright owners, We may terminate, in
appropriate circumstances, subscribers and account holders of the Site who are
9. Trademarks and Logos
”ECareDiary, Inc.”, “eCareDiary, Inc.” “eCare Diary” and the ECareDiary, Inc.
logos are all trade or service marks of eCareDiary, Inc.. eCareDiary,
Inc. trade or service marks may not be used or associated with any product,
service, event or link without the prior written consent of an authorized
representative of eCareDiary, Inc.. Requests for permission to use eCareDiary,
Inc.’s trade or service marks should be addressed to:
P.O. Box 1436
Pittsburgh, PA 15230
646-228-9111 or contact@eCareDiary.com.
10. DISCLAIMER OF WARRANTIES
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be
beyond Our control and jurisdiction and Our suppliers. Accordingly, We assume
no liability for or relating to the delay, failure, interruption, or corruption
of any data or other information transmitted in connection with use of the
THE SITE CONTENT IS PROVIDED “AS IS”
AND “AS AVAILABLE.” ECAREDIARY, INC. DOES NOT WARRANT THE AVAILABILITY OF
THE SITE NOR THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE SITE CONTENT OR ANY
MATERIAL, DATA, INFORMATION, PUBLICATIONS, OR DOCUMENTS PROVIDED IN OR THROUGH
THE SITE’S SERVICES, PUBLICATIONS, DIRECTORIES, FORUMS, BLOGS, VIDEOS, WEBCASTS
OR OTHER FEATURES OF THE WEBSITE, AND DOES NOT WARRANT THAT THE SITE
OPERATES ERROR-FREE, NOR THAT DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED OR
THAT THE SITE IS COMPLETELY SECURE. ECAREDIARY, INC. EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, IMPLIED,
EXPRESS OR STATUTORY WARRANTIES AS TO NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, OR THIRD PARTY RIGHTS, TITLE, LATENT DEFECTS, UNINTERRUPTED SERVICE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER
Without limiting the foregoing,
eCareDiary, Inc., its licensors, and its suppliers make no representations or
warranties about the following:
- The accuracy, reliability, completeness, currentness,
or timeliness of the Content, software, text, graphics, links, or
communications provided on or through the use of the Site or Us.
- The satisfaction of any government regulations
requiring disclosure of information on prescription drug products or the
approval or compliance of any software tools with regard to the Content
contained on the Site.
ECAREDIARY, INC. DOES NOT ASSUME ANY
RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTERED WITH THE AID OF CONTENT,
INCLUDING BUT NOT LIMITED TO DRUG INFORMATION, AVAILABLE ON THE SITE.
11. Disclaimer of Liability
IN NO EVENT WILL ECAREDIARY, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES OR
VOLUNTEERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, MORAL OR CONSEQUENTIAL DAMAGES, LOSS
OF PROFITS, PERSONAL INJURY/WRONGFUL DEATH, OPPORTUNITIES OR INFORMATION OR FOR
EXPENSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE ECAREDIARY, INC.
WEBSITE OR ANY OF ITS COMPONENTS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE
OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ECAREDIARY, INC. IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES INCLUDING, BUT NOT LIMITED TO, ITS SERVICES, PUBLICATIONS,
DIRECTORIES, BLOGS, VIDEOS, WEBCASTS, TOOLKITS, FORUMS, OR ANY OTHER WRITTEN
CONTENT, EVEN IF ECAREDIARY, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
LOSSES OR EXPENSES.
We shall be liable only to the
extent of actual damages incurred by you, not to exceed U.S. $1000. We are not
liable for any personal injury, including death, caused by your use or misuse
of the Site or Content. Any claims arising in connection with your use of the
Site or any Content must be brought within one (1) year of the date of the
event giving rise to such action occurred. Remedies under these Terms and
Conditions are exclusive and are limited to those expressly provided for in
these Terms and Conditions.
Each party acknowledges that the other party has entered into this Agreement
relying on the limitations of liability stated herein and that those
limitations are an essential basis of the bargain between the parties.
12. No Endorsements
ECareDiary, Inc. does NOT in any manner endorse, certify, refer
or recommend commercial products, services or processes. The Site may
contain links to third party websites, sites framed within the Site,
third-party sites provided as search results, or third-party advertisements.
These are not under the control of the ECareDiary, Inc., and ECareDiary, Inc.
is not responsible for their contents, nor do We endorse them, nor do we make
any representations regarding their content or accuracy. The appearance
on the Site of the name or logo of another entity, or the appearance of a link
to another entity’s site, does NOT indicate endorsement,
recommendation or referral by eCareDiary, Inc. of the other entity or its
products or services, and ECareDiary, Inc. expressly disclaims any such
endorsement, recommendation or referral. . Your use of third-party
websites is at your own risk and subject to the terms and conditions of use for
13. No Technical or
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The content of this Site, including, but not limited to, the the Care Diary,
the eCare Diary blog, the shopping portal, condition information, videos,
facilities search engine, text, graphics, images, information obtained from
eCareDiary, Inc’s licensors, other material contained on the Site and the
Site’s features (collectively, the “Content”), is for informational purposes
only. ECareDiary, Inc. urges you to consult with a qualified professional
or expert for specific answers to questions you may have based on a full
disclosure and understanding of all of the relevant circumstances. The
ECareDiary, Inc. does not warrant or assume any legal liability or
responsibility for the accuracy, completeness or usefulness of any services,
products, information, publications or materials provided or made available on
The Content is not intended to be a
substitute for professional medical advice, diagnosis, or treatment. It is not
a substitute for a medical exam, nor does it replace the need for services
provided by medical professional. Always seek the advice of your doctor before
taking any prescription or over the counter drugs or following any treatment or
regiment. Only your doctor can provide you with advice on what is safe and
effective for you. Never disregard professional medical advice or delay in
seeking it because of something you have read on the Site!
If you think you may have a medical emergency, call your doctor or 911
immediately. We do not recommend or endorse any specific tests, physicians,
products, procedures, opinions, or other information that may be mentioned on
the Site. Reliance on any information provided by Us, Our employees, others
appearing on the Site, or other visitors to the Site is solely at your own
risk. The absence of a warning for a given drug or drug combination in no way
should be construed to indicate that the drug or drug combination is safe,
effective or appropriate for you or any given patient. The entire monograph for
a drug should be reviewed for a thorough understanding of the drug's actions,
uses and side effects.
The Site may contain health- or medical-related materials that may be intended
for mature audiences only. If you find these materials offensive, you may not
want to use our Site.
you on this Site.
You agree to defend, indemnify, and hold eCareDiary, Inc., its officers,
directors, employees, agents, licensors, and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements including
without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your violation of these Terms and Conditions.
If you access the Site from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this
Agreement for any reason whatsoever: Use of Site Content, Disclaimer of
Liabilities, Disclaimer of Warranties, Contributed Content, Indemnity,
Governing Law and Jurisdiction, and Complete Agreement.
16. Governing Law and Choice of
This agreement and the Terms and Conditions will be interpreted and enforced in
accordance with the laws of State of Delaware. You agree to the exclusive
jurisdiction of the Courts of New Castle County, Delaware for any dispute with
eCareDiary, Inc., or in any way relating to your use of the Site, and you
further agree and expressly consent to the exercise of personal jurisdiction in
the Courts of New Castle County, Delaware in connection with any such dispute
including any claim involving eCareDiary, Inc. or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers, and
content providers. You hereby waive to the fullest extent permitted by law the
defense of an inconvenient forum to the maintenance of such a proceeding.
Notwithstanding that you may reside
outside the State of Delaware including outside of the United States of
America, you agree that this these Terms and Conditions are governed by the
internal substantive laws of the State of Delaware, without respect to its
conflict of laws principles. If any provision of these Terms and Conditions is
found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of
these Terms and Conditions, which shall remain in full force and effect. No
waiver of any of these Terms and Conditions shall be deemed a further or
continuing waiver of such term or condition or any other term or condition.
17. COMPLETE AGREEMENT.
entire agreement between you and Us with respect to the use of the Site and
Content, and supersedes all prior negotiations, understandings and agreements
concerning such subject matter.
Should any provision of this Agreement be held to be void, invalid or
inoperative, the remaining provisions of this Agreement shall not be affected
and shall continue in effect and the invalid provision shall be deemed modified
to the least degree necessary to remedy such invalidity. The failure of either
party to partially or fully exercise any right or the waiver by either party of
any breach, shall not prevent a subsequent exercise of such right or be deemed
a waiver of any subsequent breach of the same of any other term of this
Thank you for your cooperation. We
hope you find the Site helpful and convenient to use! Questions or comments
regarding this website, including any reports of non-functioning links, should
be submitted using e-mail at email@example.com or via U.S. mail to eCareDiaryInc, P.O. Box 1436,
Pittsburgh, PA 15230. We try to answer every email in a timely manner but
are not always able to do so.
BY CLICKING ON THE "I
AGREE" BUTTON, YOU AGREE TO BECOME A PARTY TO AND BE BOUND BY ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT SUPERSEDES
ALL PREVIOUS AGREEMENTS AND ANY ORAL DISCUSSIONS OR REPRESENTATIONS. IF YOU DO
NOT AGREE TO BECOME A PARTY TO AND BE BOUND BY THE TERMS AND CONDITIONS HEREOF,
OR DO NOT HAVE THE AUTHORITY TO AGREE, YOU MUST CLICK ON THE "RESET"