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 CareGateway.com Terms of Service When using CareGateway.com, you agree to the terms and conditions listed on this page (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular CareGateway.com services, you shall be subject to any posted guidelines applicable to such services, including any terms or conditions applicable to CareGateway.com services provided in conjunction with any of CareGateway.com's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of CareGateway.com. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of CareGateway.com following the posting of changes to these terms will mean you accept those changes. Overview CareGateway.com is a multi-purpose service which allows you to use or access a wealth of products and services, including news, information, search services, chat rooms and bulletin boards, shopping services, news, financial information and broad range of other content (collectively "CareGateway.com"). These Terms of Service apply to CareGateway.com as well as any new products or services that we may add in the future (unless stated otherwise). General Terms of Service and, Restrictions on Use of Materials By using CareGateway.com, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, CareGateway.com reserves the right to terminate your access to CareGateway.com. CareGateway.com may discontinue or alter any aspect of CareGateway.com, including, but not limited to, (i) restricting the time CareGateway.com is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use CareGateway.com, at CareGateway.com's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to CareGateway.com through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access CareGateway.com. You further certify that you are an individual and, if you are participating in the CareGateway.com Contests or Surveys, that you are 18 or older. In order to permit CareGateway.com to protect the quality of its products and services, you hereby consent to CareGateway.com employees being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse. CareGateway.com shall not disclose the existence or occurrence of such an investigation unless required by law. You acknowledge that CareGateway.com contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and CareGateway.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The CareGateway.com name and logo are trademarks of PRMsoft, Inc. All other trademarks appearing on CareGateway.com are trademarks of their respective owners. CareGateway.com's partners may also have additional proprietary rights in the content which they make available through CareGateway.com. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by CareGateway.com, the software, including any files, /portal/themes/basic/images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by CareGateway.com. CareGateway.com does not transfer the title of the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Registration If you elect to register to use CareGateway.com and/or participate in the CareGateway.com Contests or Surveys, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by CareGateway.com's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or CareGateway.com has reasonable grounds to suspect that such is the case, CareGateway.com has the right to suspend or terminate your account and refuse any and all current or future use of CareGateway.com (or any portion thereof). CareGateway.com's Privacy Policy Pursuant to CareGateway.com's privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Policy. Community Standards and Conduct in CareGateway.com Forums You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via CareGateway.com. CareGateway.com does not control all of the Content posted via CareGateway.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using CareGateway.com, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CareGateway.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via CareGateway.com. You agree to not use CareGateway.com (including the CareGateway.com Forums described below) to:
All CareGateway.com Forum communications, including chat and bulletin board communications are public and not private communications. Although CareGateway.com reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. Your privilege to use the CareGateway.com Forums and contribute to discussions on the CareGateway.com Forums depends on your compliance with the member conduct guidelines set forth above. CareGateway.com may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, CareGateway.com, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason. Parental permission is required for children 12 years of age or under to use any CareGateway.com Forums. Please remember, when using any CareGateway.com services or Forums, you agree to abide by the member conduct guidelines set forth above. CareGateway.com reserves the right to monitor some, all, or no areas of CareGateway.com Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, CareGateway.com is acting as a passive conduit for such distribution and CareGateway.com is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area. Submissions If at our request you send content (e.g., postings to chat, boards, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of CareGateway.com. None of the Submissions shall be subject to any obligation of confidence on the part of CareGateway.com, and CareGateway.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, CareGateway.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Links CareGateway.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CareGateway.com has no control over such sites and resources, you acknowledge and agree that CareGateway.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CareGateway.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Disclaimer CareGateway.com uses diligent efforts to maintain CareGateway.com, but CareGateway.com is not responsible for any defects or failures associated with CareGateway.com or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, CareGateway.com makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of CareGateway.com, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using CareGateway.com may locate unintended and objectionable content. PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: CAREGATEWAY.COM IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK CAREGATEWAY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION. CAREGATEWAY.COM MAKES NO WARRANTY THAT CAREGATEWAY.COM WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF CAREGATEWAY.COM WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH CAREGATEWAY.COM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CAREGATEWAY.COM IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM CAREGATEWAY.COM PERSONNEL OR THROUGH CAREGATEWAY.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE. Disclaimer Regarding Financial Information CareGateway.com allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. CareGateway.com, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by CareGateway.com to be used for trading or investing purposes. CareGateway.com shall not be responsible for the accuracy, usefulness or availability of any information transmitted via CareGateway.com, and shall not be liable for any trading or investment decisions made based on such information. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAREGATEWAY.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CAREGATEWAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE CAREGATEWAY.COM AND/OR PARTICIPATE IN THE CAREGATEWAY.COM CONTESTS OR SURVEYS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM CAREGATEWAY.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CAREGATEWAY.COM; OR (v) ANY OTHER MATTER RELATING TO CAREGATEWAY.COM OR OPERATION OF THE CAREGATEWAY.COM CONTESTS OR SURVEYS. IN NO EVENT SHALL CAREGATEWAY.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnification YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAREGATEWAY.COM, PRMSOFT, INC., THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY CAREGATEWAY.COM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU. Termination and modification You agree that CareGateway.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of CareGateway.com, and remove and discard any Content within CareGateway.com, for any reason, including, without limitation, for lack of use or if CareGateway.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. CareGateway.com may also in its sole discretion and at any time discontinue providing CareGateway.com, or any part thereof, with or without notice. You agree that any termination of your access to CareGateway.com under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that CareGateway.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or CareGateway.com. Further, you agree that CareGateway.com shall not be liable to you or any third-party for any termination of your access to CareGateway.com. Governing Law and Other Miscellaneous Terms These terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Fairfield County in the State of Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and CareGateway.com relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of CareGateway.com's successors, assigns and licensees. Copyright and Copyright Notices CareGateway.com respects the intellectual property of others, and we ask our users to do the same. CareGateway.com may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CareGateway.com's Copyright Agent the following information:
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