ECare Diary, LLC Terms & Conditions of Use
Access to ECare Diary, LLC’s (“We,” “Us,” or “Our”) website (“Site”) is provided to you subject to the following terms and conditions which may be updated by the ECare Diary, LLC 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 ECare Diary, LLC’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 exit immediately.
1. Purpose of Site
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The ECare Diary, LLC 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 Terms
The ECare Diary, LLC 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. ECare Diary, LLC 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 ECare Diary, LLC 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 others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- 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.
ECare Diary, LLC 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 eCare Diary 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 eCare Diary, LLC 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 eCare Diary, LLC in its sole discretion;
- 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 "spamming"; 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 eCare Diary, LLC 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 Conditions.
- 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 activities.
6. Contributed Content
ECare Diary, LLC 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 ECare Diary, LLC 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 eCare Diary, LLC 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 ECare Diary, LLC, 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
All Forums are public and not private communications. Chats, postings, conferences, e-mails and other communications by other users are not endorsed by the ECare Diary, LLC and such communications shall not be considered reviewed, screened, or approved by the ECare Diary, LLC. The ECare Diary, LLC reserves the right for any reason to remove without notice any Contributed Content.
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 purposes.
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. ECare Diary, LLC 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) e-mail address.
- 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 behalf.
- 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:
eCare Diary, LLC
135 East 54 Street
New York, NY 10022
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 repeat infringers.
9. Trademarks and Logos
”ECare Diary, LLC”, “eCare Diary, LLC” “eCare Diary” and the ECare Diary, LLC logos are all trade or service marks of eCare Diary, LLC. eCare Diary, LLC 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 eCare Diary, LLC. Requests for permission to use eCare Diary, LLC’s trade or service marks should be addressed to:
eCare Diary, LLC’s
135 East 54 Street
New York, NY 10022.
646-484-5212 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 Site.
THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” ECARE DIARY, LLC 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. ECARE DIARY, LLC 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 VIRUSES.
Without limiting the foregoing, eCare Diary LLC, 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.
ECARE DIARY, LLC 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 ECARE DIARY, LLC, 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 ECARE DIARY, LLC 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 ECARE DIARY, LLC 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 ECARE DIARY, LLC 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
ECare Diary, LLC 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 ECare Diary, LLC, and ECare Diary, LLC 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 eCare Diary, LLC of the other entity or its products or services, and ECare Diary, LLC 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 such sites.
13. No Technical or Professional Advice
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 eCare Diary LLC’s licensors, other material contained on the Site and the Site’s features (collectively, the “Content”), is for informational purposes only. ECare Diary, LLC 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 ECare Diary, LLC 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 this Site.
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 agree to defend, indemnify, and hold eCare Diary, LLC, 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 Jurisdiction
This agreement and the Terms and Conditions will be interpreted and enforced in accordance with the laws of New York State. You agree to the exclusive jurisdiction of the Courts of New York State for any dispute with eCare Diary, LLC, 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 the State of New York in connection with any such dispute including any claim involving eCare diary, LLC 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 New York 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 New York, 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.
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 Agreement.
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 eCareDiary LLC, 135 East 54 Street #4E, New York, NY 10022. 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" BUTTON.