Effective May 21, 2018
These terms and conditions (“Terms”) are a legal contract between you (either you as an individual or the entity or organization on whose behalf you are entering into these terms and conditions) and Interfaith CarePartners, a Texas nonprofit company (“CarePartners”) for the access to and use of this website, www.carepartnerstexas.org, which includes text, media, documentation, pictures and other content (collectively, the “Website”), as well as for the access to and use of any services supplied by CarePartners’ members (collectively, the “Services”).
In these Terms, reference is made CarePartners’ “affiliates,” which shall include companies that are affiliated with CarePartners by reason that these companies are in the same common ownership as CarePartners. Affiliates shall also include the parent company of the group of which CarePartners is a member.
BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE OR SERVICES, AND PLEASE EXIT THE WEBSITE NOW.
Information You Provide
Accessing the Website
When retrieving information from the Website, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, (c) accessing data not intended for you, or (d) accessing the Website for the purpose of competing with CarePartners or its affiliates.
Certain pages of the Website may require a user ID and password that you will create or that you will be supplied by CarePartners (your “ID”). You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify CarePartners of any unauthorized use of your ID.
By accessing the Website or Services, you agree:
- You represent and warrant that you are legally entitled to enter into these Terms and to use the Services.
- You represent and warrant that you are at least 13 years old.
- You shall provide accurate, true and current information as prompted during the account registration process and shall keep it current at all times.
- You shall not allow any other person or entity to access or use your account.
- You shall comply with all state and local laws of each location in which you access the Website or use the Services.
- You shall be solely responsible for all activity associated with your use of the Website, including, without limitation any posted data, text, links, video files, photos, or any other content (collectively, the “User Content”) that you provide to CarePartners. Such User Content also includes any content you submit to Children at Risk via our “Contact Us” or “Volunteer” pages, or by emailing CarePartners.
- You represent and warrant that all User Content that you may either post to the Website or otherwise send to CarePartners shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe or violate any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
- You represent and warrant that all User Content that you may post to the Website does not contain any defamatory statements or contravene any contract, agreement or other arrangement nor the laws of any applicable jurisdiction.
- You shall be solely responsible for keeping a duplicate copy of all User Content; CarePartners does not accept any responsibility or liability for the loss of your User Content.
- You shall not share your ID or any other login credentials with any other person or publicly disclose it.
- You shall not use the Website for any illegal or unauthorized purpose.
- You shall not transmit worms, viruses or any code of a destructive nature to CarePartners or its users, including any donors or volunteers of CarePartners (“Volunteers”).
- You shall not abuse, harass, threaten, harm or impersonate other Volunteers, CarePartners users or employees of any CarePartners Entity or any of its partners, at any time or for any reason.
- You shall not post or send User Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
- You shall have no right to access data or content of Volunteers or other users of the Website or Services, unless such access is authorized by CarePartners.
- All content, information, and links presented on this Website are for informational purposes only. All information on the Website is subject to change.
- Except as expressly provided in these Terms, any reproduction, display or other dissemination of information or content contained in this Website is strictly prohibited and constitutes copyright infringement.
Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use your ID, the Website, and/or the Services. Furthermore, CarePartners reserves the right to deactivate or suspend use of the Website or Services for any reason. CarePartners also reserves the right to bring legal action against you for any loss or damage that it or its affiliates may suffer as a result of your violation of the Terms.
Intellectual Property Rights
The copyrights and other intellectual property in the Website and Services are owned by CarePartners and its licensors. This includes the marks “CarePartners” and “Interfaith CarePartners” and the blue circular “CarePartners” logo, all of which are trademarks of CarePartners. This also includes the Care Team®, Alzheimer’s Care Team®, Second Family Care Team® trademarks, all of which are registered trademarks of CarePartners. Subject to your compliance with these Terms, including Section 2 above, you are authorized to view, store, print, reproduce, copy, and distribute any pages within the Website for non-commercial use within your organization only. All other rights are reserved. You may print off pages of the Website strictly for purposes of your use of the Services or considering use of the Services; however if you do so, you agree that you do not acquire any ownership rights in any of that material. This right is non-transferable and non-sublicensable. You may not copy, distribute, transmit, publish, sell, transfer, create derivative works of, or otherwise exploit any such material that you print off. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By submitting User Content to the Website or to CarePartners, you hereby grant CarePartners a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Content when operating the Website and for CarePartners’ and its affiliates’ internal business purposes, which include the Services. You acknowledge that CarePartners is not responsible for any User Content you provide and that CarePartners may reject or delete such User Content in CarePartners’ sole discretion. CarePartners and its affiliates also assume no responsibility for loss of information, howsoever such information is lost, including information which is permanently deleted either through the action of an employee or consultant or other who has access to the information, through failure of a computer network, or through any policy or directive of CarePartners or any of its affiliates for destruction of data.
Third Party Websites
You shall indemnify, defend and hold harmless CarePartners and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licensors (collectively, the “CarePartners Entities”) from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Website or Services, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify CarePartners of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Website.
Disclaimers; Limitation of Liability
CarePartners provides information through this Website. While CarePartners has undertaken efforts to provide accurate information, it is not comprehensive and CarePartners makes no commitment to update the information at any particular time, and the information on the Website may be out of date. Information on the Website may also be changed at any time without notice. This includes but is not limited to information on any events, programs or workshops on the Website; the job postings listed on the “Employment” page, and the articles, resources and research listed or linked on the “Educational Resources” page (and sub-pages). Information on the Website may also be approximate, for example a statistic described in the Website or the date of release of a new event, program or workshop. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. Any decisions you make based on information contained in this Website are solely your responsibility.
THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CAREPARTNERS AND THE CAREPARTNERS ENTITIES DO NOT WARRANT THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR, OR INACCURACY IN THE WEBSITE SHALL BE TO REQUEST THAT CAREPARTNERS CORRECT THE MATTER OR, IF CAREPARTNERS FAILS TO DO SO, TO DISCONTINUE YOUR USE OF THE WEBSITE OR SERVICES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE, OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. CAREPARTNERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, PROGRAM, INFORMATION OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES, OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CAREPARTNERS WILL NOT BE A PARTY TO AND IS NOT RESPONSIBLE IN ANY WAY FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, PROGRAMS, INFORMATION OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CAREPARTNERS ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE 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) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; OR (B) ANY CONTENT OBTAINED FROM THE WEBSITE.
Controlling Law; Venue
These Terms and any action related to the access or use of the Website or Services will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website or Services will be brought solely in Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Entire Agreement; No Third Party Beneficiaries
If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by CarePartners of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. CarePartners may revise these Terms from time to time; the most current version will always be at www.CarePartnersTexas.org. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms.
The headings used in these Terms are for convenience only and have no legal meaning or effect. Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of these Terms clearly requires otherwise, words importing the masculine gender include the feminine and neutral genders and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.” The words “hereof,” “hereto,” “hereby,” “herein,” “hereunder” and words of similar import, when used in these Terms, refer to these Terms as a whole and not to any particular section or article in which such words appear. The word “or” will not be construed as exclusive.
Other than the CarePartners Entities, no other person or company will be third party beneficiaries to the Terms.