Care Core, Inc.
Terms of Service
Last Updated: November 28, 2025
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THESE "TERMS OF SERVICE") CAREFULLY.
Welcome, and thank you for your interest in Care Core, Inc. ("Company" "we," or "us"), our website at https://carecore.io ("Website"), and any other services or resources that are accessed or enabled via the Website (collectively with the Website, the "Services"). For the avoidance of doubt, with respect to Creators (as defined below), the "Services" shall include the Creator Platform (as defined below).
BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING BY CLICKING ON AN "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, ACCESSING THE SERVICES AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS OF SERVICE. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.
THE SERVICES INCLUDE A MARKETPLACE WHICH ALLOWS Creators (AS DEFINED HEREIN) TO OFFER TO SELL AND SELL PRODUCTS, SERVICES, SUBSCRIPTIONS, CONTENT, AND OTHER OFFERINGS TO CUSTOMERS (AS DEFINED BELOW), AND WHICH ALLOWS CUSTOMERS TO BUY SUCH PRODUCTS, SERVICES, SUBSCRIPTIONS, CONTENT, AND OTHER OFFERINGS. ALL ITEMS AVAILABLE THROUGH THE MARKETPLACE ARE FURNISHED BY OR ON BEHALF OF CREATORS (AS DEFINED BELOW) IN CONNECTION WITH SUCH SALES. COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. YOU AGREE THAT WE SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANY SELLER OF ITEMS IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY SUCH ITEMS.
THESE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT OUR LIABILITY REGARDING THE SERVICES IS LIMITED; (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY; (3) YOUR CONSENT TO RELEASE US FROM LIABILITY; AND (4) YOUR AGREEMENT TO INDEMNIFY US FOR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
IF YOU PURCHASE ANY SUBSCRIPTION THROUGH THE SERVICES FOR A TERM (THE "INITIAL TERM"), THEN THE SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY'S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 4.2(b) (AUTOMATIC RENEWAL) BELOW.
PLEASE BE AWARE THAT SECTION 17 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 17 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 (ARBITRATION AGREEMENT) ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 (ARBITRATION AGREEMENT) CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
PLEASE BE AWARE THAT SECTION 1.4 (COMPANY COMMUNICATIONS) OF THESE TERMS OF SERVICE, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA EMAIL.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms of Service and any applicable Supplemental Terms are referred to herein as the "Agreement."
PLEASE NOTE THAT The Agreement IS subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of these Terms of Service available on or through the Services and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the "Last Updated" date at the top of these Terms of Service.
1. SERVICES
The Services consist of the Website and any other products and services made available by Company through or in connection with the Website. Company is a marketplace where (i) Customers ("Customers") can access premium information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (collectively, "Content") made available by ("Creator(s)," and such Content "Creator Content"), join exclusive members-only communities for those Creators ("Communities"), purchase products and services (together, with Creator Content, "Creator Offerings") through Communities or the Marketplace (as defined below), and interact with Creators and other Customers; and (ii) Creators can use the Company platform (the "Creator Platform"), as made available by Company on its Website, to offer Creator Offerings for sale through the Services, create Communities, and upload and share their Creator Content.
1.1 License to use the Services
The Services, and the information and content available on the Website are protected by copyright laws. Subject to the terms of this Agreement, Company grants you a limited license to access and reproduce portions of the Services to which you have access for the sole purpose of using such Services for your personal or internal business purposes. Unless otherwise specified by us in a separate license, your right to use any and all Services is subject to the Agreement.
1.2 Updates
You understand that the Services are evolving. As a result, we may require you to accept updates to any of the Services that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
1.3 Certain Restrictions
The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other "hidden text" using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes to "scrape" or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services.
1.4 Company Communications
By entering into the Agreement or using the Services, you agree to receive communications from us, including via email. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, communications concerning promotions run by us or our third-party partners, and news concerning us and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.
1.5 Necessary Equipment and Software
You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing or using the Services.
1.6 Marketplace
The Services include a marketplace (the "Marketplace") where Creators can offer for sale and sell Creator Offerings, and Customers can purchase such Creator Offerings. Pricing and payment terms, including the specific details with relation to the offering of any Creator Offerings, shall be set forth at point of sale. Creators can also make available unique Creator Content not otherwise available to Members and made available by the Creator only to those Members who subscribe to a Creator Community or otherwise purchase such Creator Content ("Limited Content").
Certain Creator Offerings may include access to prescription medications, laboratory or diagnostic testing, or professional consultations provided by licensed clinicians, pharmacies, or professional medical corporations (collectively, "Healthcare Offerings"). Company does not itself manufacture, compound, prescribe, dispense, or fulfill any medication, perform any diagnostic testing, or provide medical or clinical services. Healthcare Offerings are provided and fulfilled by independent, duly licensed entities, including physicians, pharmacies, laboratories, and professional corporations, that have entered into agreements with Company to enable the lawful and compliant provision of such Healthcare Offerings ("Clinical Partners"). Company facilitates relationships with Clinical Partners and provides the technology and administrative infrastructure necessary to support the delivery of Healthcare Offerings.
1.7 Marketplace Disclaimers
While we may, in our discretion, help facilitate resolution of disputes through various programs, we have no control over the quality of Creator Offerings, including any Limited Content offered on the Marketplace. We cannot control or guarantee the truth or accuracy of Creator Content or any other Creator Offerings, the ability of Creators to sell Creator Offerings, the ability of Customers to pay for Creator Offerings, or that a Customer and Creator will actually complete a transaction or that Creator will actually deliver any Creator Offerings listed and/or purchased on the Marketplace. Company will not personally provide or deliver any Creator Offerings.
NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OR YOUR USE OF OR INABILITY TO USE ANY CREATOR OFFERING PURCHASED THROUGH THE SERVICES.
1.8 AI Services
Our Services utilize certain publicly available artificial intelligence and deep learning platforms, algorithms and models ("Models") to generate certain responses, including educational resources and information and potential questions to ask your healthcare provider about your existing conditions ("Outputs") based on the queries or other Inputs entered by you ("Inputs") (collectively, the "AI Services").
THE AI SERVICES (INCLUDING THE CHATBOT DESCRIBED BELOW) ARE STRICTLY FOR USE TO GAIN ACCESS TO GENERAL EDUCATIONAL HEALTH INFORMATION AND RESOURCES. YOU AGREE THAT YOUR PROMPTS AND YOUR CONTENT WILL BE RELEVANT TO THE PURPOSE OF RECEIVING SUCH EDUCATIONAL HEALTH INFORMATION AND RESOURCES RELATED TO YOUR LEGITIMATE HEALTH QUESTIONS AND CONCERNS AND FOR NO OTHER PURPOSE.
As part of the AI Services, Company provides one or more chatbot or automated response features ("AI Tools") that respond to user requests using artificial intelligence and machine learning technologies. These may rely on third-party large language models or AI service providers (each, a "Third Party Provider"), including without limitation providers such as OpenAI, Anthropic, Google, or their affiliates.
YOU, AND NOT COMPANY, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THESE FUNCTIONS, INCLUDING ANY USE OF THE RESULTS OF ANY SEARCH AND DECISIONS MADE OR ACTIONS TAKEN BASED ON ANY SEARCH YOU MAKE USING THE CHATBOT FUNCTION OR OTHER AI SERVICES. BECAUSE CHATBOTS UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, OUR CHATBOT(S) MAY PROVIDE INFORMATION THAT IS AN INACCURATE RESPONSE TO YOUR REQUESTS IN ITS INTERACTIONS WITH YOU. YOU AGREE THAT COMPANY WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOT (OR ANY OTHER AI SERVICES MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BY THIRD PARTY PROVIDERS) PROVIDING INACCURATE INFORMATION TO YOU.
2. REGISTRATION
2.1 Registering Your Account
In order to access certain features of the Services you may be required to become a Member. For purposes of the Agreement, a "Member" is a Customer, Creator, or other user who has registered an account ("Account").
2.2 Registration Data
In registering an Account on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.
You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security.
2.3 Your Account
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.
3. CUSTOMER TERMS
The provisions in this Section 3 shall apply solely with respect to Customers.
3.1 Using the Services
3.1.1 Purchasing Creator Offerings
When buying a Creator Offering, you agree that:
- You are responsible for reading the full item listing, including any applicable Refund and Return Policy, and the terms and conditions with respect to any Creator Offerings before making a bid or commitment to buy.
- In the event of a dispute between you and any Creator with respect to any Creator Offerings purchased or received by you, you will initiate such dispute within three (3) days of the delivery of such Creator Offerings.
- You enter into a legally binding contract to purchase an item when you commit to buy a Creator Offering.
- We do not transfer legal ownership of items from the Creator to the Customer.
3.1.2 Accessing Limited Content
Certain purchases of Creator Offerings may be used to "unlock" various goods, rights, and other privileges on or through the Services, including without limitation Limited Content. The Creator offering any Creator Offering shall set forth at point of sale the terms applicable to each Creator Offering, as well as any goods, services, rights, or Limited Content to which the purchaser of such Creator Offering is entitled.
3.1.3 Accessing Communities
Creators can use the Services to develop Communities and offer Customers access to such Communities. Each Community has unique access requirements, and some parts of a Creator's Community may be open to all users. Customers may be able to purchase a subscription to gain access to a Community.
3.1.4 LIMITATIONS OF SERVICES
WHILE CERTAIN CREATORS MAY BE LICENSED MEDICAL PROFESSIONALS, THE CREATOR PLATFORM AND SERVICES ARE NOT DESIGNED TO ENABLE THE OFFERING FOR SALE OR PURCHASE OF ANY MEDICAL OR OTHER PROFESSIONAL SERVICES. THE SERVICES, AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES (INCLUDING CREATOR CONTENT), ARE NOT INTENDED TO PROVIDE MEDICAL, PSYCHOLOGICAL, OR OTHER CLINICAL ADVICE TO USERS AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR OTHER CLINICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PRIMARY CARE PHYSICIAN OR OTHER MEMBERS OF YOUR CARE TEAM WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL, MENTAL, PSYCHOLOGICAL, OR OTHER HEALTH CONDITION.
THE SERVICES ARE NOT INTENDED FOR EMERGENCY USE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911, CONTACT A CARE TEAM MEMBER OR SEEK IMMEDIATE OR OTHER APPROPRIATE EMERGENCY ATTENTION. IF YOU ARE SUICIDAL OR ARE EXPERIENCING SUICIDAL THOUGHTS, IMMEDIATELY CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988.
3.1.5 No Physician-Patient Relationship
YOUR USE OF THE SERVICES DOES NOT CREATE A PATIENT OR LICENSED MEDICAL PROFESSIONAL RELATIONSHIP, PHYSICIAN-PATIENT PRIVILEGE, PSYCHOTHERAPIST-PATIENT PRIVILEGE, OR DOCTOR-PATIENT CONFIDENTIALITY BETWEEN YOU AND ANY OF THE COMPANY PARTIES OR BETWEEN YOU AND ANY OTHER MEMBERS. Company does not control, direct, or supervise the professional or clinical judgment of any licensed healthcare professional, pharmacy, or diagnostic laboratory.
4. CREATOR TERMS
The provisions in this Section 4 shall apply solely with respect to Creators.
4.1 License; Services
4.1.1 Your License from Company
Subject to your compliance with the terms of the Agreement, Company grants you a limited, non-exclusive, non-sublicensable and nontransferable right to access and use the Creator Platform.
4.1.2 Company's License from You
You grant to Company the non-exclusive, worldwide, royalty-free, sublicensable right and license to use the trademarks, service marks, publicity rights, privacy rights, names, images, likenesses, biographical details, indicia of identity, and logos specified by you ("Creator Marks"), as well as your Creator Content, in connection with your use of the Creator Platform and related activities.
4.1.3 Listings
You are responsible for the accuracy, legality, and content of the listing and Creator Offerings offered. Without limiting the foregoing, you are responsible for ensuring that your listings and Creator Offerings comply with the Payment Processor Terms at all times.
4.1.4 Refunds and Returns
You are responsible for including with each listing or otherwise on your storefront a detailed policy with respect to your process for accepting returns and issuing refunds, as applicable (your "Refund and Return Policy").
4.1.5 Legal Compliance
You are responsible for ensuring that your use of the Creator Platform and promotion and sale of Creator Offerings complies with applicable law, including without limitation the FTC's Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435). Without limiting the foregoing, you agree to ship all physical items purchased by a Customer through the Creator Platform within seven (7) calendar days of the order date.
4.1.6 Healthcare Regulatory Compliance
If you are a Creator directly offering or facilitating any Healthcare Offering (including but not limited to prescription medications, diagnostic tests, or clinical consultations), you represent and warrant that you and any associated licensed professionals, professional entities, pharmacies, or laboratories hold and maintain all licenses, registrations, and certifications required under applicable federal, state, and local law to furnish such Healthcare Offerings.
4.2 End User Support
You acknowledge and agree that you, and not Company, are solely responsible for providing support to end users in connection with your Creator Offerings and your use of the Creator Platform.
4.3 Customer Disputes
You acknowledge and agree that Company is not a party to any agreement between you and any Customer or other Member. In the event of a dispute between you and any third party related to your Creator Offerings, Company will not be a party to any such dispute. YOU ARE SOLELY RESPONSIBLE FOR DISPUTE RESOLUTION IN CONNECTION WITH YOUR USE OF THE CREATOR PLATFORM.
5. PURCHASE TERMS; PAYMENT
5.1 Additional Onboarding Information
Company reserves the right, but has no obligation, to request additional information from Members (including Customers and Creators) to verify your identity in order to comply with laws and regulations governing payments, safeguard the integrity of the Services, and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions or other applicable law.
5.2 Creator Payment of Fees
Unless otherwise set forth on the Creator Platform or in a separate written agreement between Company and the applicable Creator, Company shall retain a platform fee from sales processed through the Services as consideration for access to and use of the Creator Platform and Services (the "Creator Fee"). The Creator Fee is generally expected to be up to approximately thirty percent (30%) of the relevant transaction value, unless otherwise agreed in writing.
5.3 Customer Payments
Customers contract directly with Creators for the purchase of items on the Creator Platform. Customer is obligated and agrees to make payment upon purchase of a Creator Offering on the Creator Platform, including for any applicable shipping fee, taxes, applicable third-party fees, and additional fees listed.
5.4 Payment Processing Services
All payments for purchases made by the Customer are processed by Company and its third-party payment services providers ("Payment Processors") on behalf of Creator. Company uses Stripe, Inc. and its affiliates as its Payment Processor for payment services. By making use of the payment services on the Platform, you agree to be bound by Company's policies and the Payment Processor's policies, user agreements, terms and conditions. Stripe's terms and conditions are available at https://stripe.com/ssa.
5.5 Disbursement to Creator
Company will disburse funds through the Payment Processor to Creator to the Account associated with the payout information designated by the Creator within sixty (60) days of the end of the month in which the applicable funds were received by Company or its Payment Processor.
5.6 Refunds
Company has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Company or a Creator, in each case in Company's sole discretion.
6. RESPONSIBILITY FOR CONTENT
6.1 Types of Content
You acknowledge that all Content shall be the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available ("Make Available") through the Services ("Your Content").
6.2 No Obligation to Pre-Screen Content
You acknowledge that we have no obligation to pre-screen Content, although we reserve the right in our sole discretion to monitor, pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring.
6.3 Storage
Unless expressly agreed to by us in writing elsewhere, we have no obligation to store any of Your Content that you Make Available on the Services. Company has no responsibility or liability for the deletion or accuracy of any Content.
7. OWNERSHIP
7.1 Services
Except with respect to Your Content and User Content, you agree that Company and our licensors own all rights, title and interest in the Services.
7.2 Trademarks
Company and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Company and may not be used without permission.
7.3 Your Content
Company does not claim ownership of Your Content. However, when you post or publish Your Content on, in, or through the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use such Content.
7.4 License to Your Content
Subject to any applicable account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content for operating and improving the Services.
8. USER CONDUCT
As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law.
8.1 Restrictions
You shall not (and shall not permit any third party to) take any action or Make Available any Content on or through the Services that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or tortious
- Constitutes unauthorized or unsolicited advertising, junk or bulk email
- Impersonates any person or entity
- Interferes with or attempts to interfere with the proper functioning of the Services
- Engages in potentially harmful acts directed against the Services
9. INTERACTIONS WITH OTHER USERS
9.1 User Responsibility
You are solely responsible for your interactions with other Members and any other parties with whom you interact.
9.2 Content Provided by Other Users
The Services may contain User Content provided by other Members. Company is not responsible for and does not control User Content.
9.3 Release
Company expressly disclaims any liability that may arise between users of its Services. In the event that you have a dispute with one or more users, you release Company and its parties from any and all claims, demands, or damages arising out of or in any way connected with such disputes.
10. INDEMNIFICATION
You agree to indemnify and hold harmless Company and the Company Parties from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, any Services; (c) your violation of the Agreement; (d) your violation of any rights of another party; (e) your purchase or attempt to purchase Goods on or through the Services; (f) your sale or attempt to sell Goods on or through the Services; or (g) your violation of any applicable laws.
11. DISCLAIMER OF WARRANTIES AND CONDITIONS
11.1 As Is
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.2 No Liability for Conduct of Third Parties
YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES.
12. LIMITATION OF LIABILITY
12.1 Disclaimer of Certain Damages
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
12.2 Cap on Liability
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is Company's policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact our Copyright Agent at: legal@carecore.io.
14. MONITORING AND ENFORCEMENT
Company reserves the right to:
- Remove or refuse to post any of Your Content for any or no reason in our sole discretion
- Take any action with respect to any of Your Content that we deem necessary or appropriate
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
- Take appropriate legal action, including referral to law enforcement
- Terminate or suspend your access to all or part of the Services for any or no reason
15. TERM AND TERMINATION
15.1 Term
The Agreement commences on the date when you accept these Terms of Service and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
15.2 Termination of Services by You
If you want to terminate the Services provided by Company, you may do so by notifying us at any time and closing your Account.
15.3 Termination of Services by Company
Company may terminate this Agreement at any time and for any reason or no reason, with or without notice to you.
15.4 Effect of Termination
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with your Account.
16. INTERNATIONAL USERS
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. The Services are controlled and offered by Company from its facilities in the United States of America. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
17. ARBITRATION AGREEMENT
Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.
17.1 Applicability of Arbitration Agreement
Subject to the terms of this Arbitration Agreement, you and Company agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Website, the Services, or the Terms of Service (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.
17.2 Informal Dispute Resolution
There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome.
17.3 Waiver of Jury Trial
YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement.
17.4 Waiver of Class and Other Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.
17.5 Rules and Forum
The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules then in effect. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
17.6 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to legal@carecore.io, within thirty (30) days after first becoming subject to this Arbitration Agreement.
18. GENERAL PROVISIONS
18.1 Electronic Communications
The communications between you and Company may take place via electronic means. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement.
18.2 Relationship of the Parties
You are an independent contractor and not a partner, joint venturer, agent or employee of Company.
18.3 Third-Party Websites, Applications and Ads
The Services may contain links to third-party websites, applications, and advertisements. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Company.
18.4 Release
You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind related to or arising from your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542.
18.5 Assignment
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent.
18.6 Force Majeure
Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.
18.7 Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact us at: legal@carecore.io.
18.8 Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and we agree that all claims and disputes will be litigated exclusively in the state or federal courts located in New Castle County, Delaware.
18.9 Governing Law
The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act.
18.10 Notice
You may give notice to us at legal@carecore.io, SUBJ: LEGAL NOTICE.
18.11 Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18.12 Entire Agreement
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
If you have any questions about these Terms of Service, please contact us at legal@carecore.io.