LAST UPDATED: June 11, 2021
1. Welcome to Carenectar
WHEN YOU ACCESS OR USE THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ,
STOP ACCESSING THE WEBSITE AND DISCONTINUE USING THE SERVICES PROVIDED BY CARENECTAR.
AND OTHERS WHO ACCESS THIS WEBSITE.
5. Description of Services
CareNectar provides users access to subject-matter expert (“Expert”) lessons, information, benefits and services (the “Services”). You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges. In addition, you must provide and are responsible for all equipment necessary to access the Website.
CareNectar is not an emergency or crisis service and should not be used as or in place of one. If you are ill or in immediate danger, please cease using CareNectar and call 911 or the equivalent emergency response hotline.
6. License and Services Access
CareNectar Website Content is presented by our Experts and/or editors and approved by our editors and thus defined as CareNectar editorial content. We do not accept or take advertising, except where we specifically indicate as such. To the extent that we post third-party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of CareNectar. We accept no responsibility for any such third-party opinions and views We do not endorse any Experts, opinions or content provided by Experts, or any products or services.
The owner of the Website is based in the State of Illinois. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
7. Your Registration Obligations
You may not under any circumstances:
7b. Membership Eligibility.
The Services and Membership (as defined in Section 8) are not available to minors under the age of 18 or to any users suspended or removed from the system by CareNectar for any reason, in our sole discretion. Members may not have more than one active account. Additionally, members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Services or the Website.
7c. Membership and Account.
7d. Intellectual Property
The Website and its content, features and functionality, including, without limitation, information,
The trademarks, logos, service marks, and trade dress, whether common law or registration with or application to the Principal Register or Supplemental Register of the U.S. Patent and Trademark Office (“Marks”), displayed on the Website are the property of CareNectar and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of CareNectar or such third party that may own the Marks.
CareNectar respects the intellectual property of others, and we ask our users to do the same. CareNectar may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CareNectar with the following information:
CareNectar’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, c/o CareNectar, 200 N LaSalle St., Suite 1550, Chicago, IL 60601
By email: [email protected]
8. Membership; Membership Fees.
9. Billing; Term; Continuous Membership; Cancellation.
If you register for a Trial Membership, a trial of 30 days (subject to CareNectar’s approval of your Membership) shall commence on the date you registered and continue until 30 days from the date the trial was activated. This trial will automatically convert into a monthly subscription unless you cancel your membership through your user profile settings on CareNectar.com prior to the expiration of the Trial Membership; or (ii) you notify us in writing at [email protected] of your decision to cancel your Membership within 3 days of your renewal date; or (iii) we terminate your Membership.
If you purchase a Monthly Membership, the initial term of a Membership (subject to CareNectar’s approval of your Membership) shall commence on the date it is purchased and continue until one month from the date in which the Membership was purchased. Each Monthly Membership will automatically renew (a “Renewal Membership”) with no further action by you, each month for additional one-month periods unless (i) you cancel your membership through your user profile settings on CareNectar.com; (ii) you notify [email protected] of your decision to cancel your Membership within thirty (30) days of your renewal date; or (iii) we terminate your Membership. Renewal Membership fees will be billed monthly and automatically to the credit card we currently have on file, in the amount of the then-current Membership fee on or around the day in which your current Membership or Renewal Membership term expires.
9b. Continuous Membership.
The entire period of the initial Monthly Membership plus any Renewal Membership period that may apply is referred to as your “Continuous Membership” period. In the event that CareNectar is unable to charge your account as authorized by you when you enrolled in any individual Renewal Membership term, CareNectar, may, in its sole discretion: (i) bill you for your access to the Services and suspend your access to the Services until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
9c. Cancellation; Termination.
9d. Modifications to Services
CareNectar reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that CareNectar will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We have no obligation to retain any of Your Account or Submitted Content (as defined in Section 10, below) for any period of time beyond what may be required by applicable law.
9e. Renewal Membership
CareNectar may change the Renewal Membership fee from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Renewal Membership will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Membership after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Renewal Membership before the price change goes into effect. Please therefore make sure you read any such notification of price changes carefully.
10. Submitted Content
11. Expert Policies
CareNectar presents Expert advice, guidance, recommendations, content, resources and products (“Expert Services”) to CareNectar Members.
Experts provide Expert Services for informational purposes only. CareNectar does not verify professional credentials of Experts and does not guarantee the accuracy of Expert Services, nor the credentials or identities of Experts. We do make a reasonable effort to ensure that each Expert has relevant experience in their designated field of expertise; however, we do not represent or warrant that any Expert is sufficiently experienced in any particular subject matter to answer any individual question or provide any individual Expert Services. We reserve the right in our sole discretion to delete, remove or not to answer any or all queries and requests that you may make of CareNectar or Experts. CareNectar is not a substitute for Professional Advice, and you may not rely on any content or information you access from CareNectar or any individual Experts as if it were Professional Advice. YOU USE ALL EXPERT SERVICES AT YOUR OWN RISK. DO NOT USE CARENECTAR OR ANY EXPERT SERVICES AS A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL, LEGAL, TAX, OR CRISIS (E.G., DOMESTIC VIOLENCE PREVENTION) ADVICE.
Experts may from time to time offer users products and services to Users through their own websites or other sales platforms (“Expert Transactions”). Users are not obligated to enter into Expert Transactions as a condition of membership with CareNectar. Experts are solely responsible for the administration and provision of products and services contemplated by Expert Transactions; CareNectar does not recommend, endorse or otherwise administer any aspect of an Expert Transaction. Further, any Expert Transactions, nor does CareNectar control the financial components of any Expert Transaction. Accordingly, you acknowledge that Expert Transaction charges (if any) including cost of products and/or services, taxes and incidentals are the responsibility of you and the Expert, and not CareNectar. You are responsible for any taxes or other payments that apply to Expert Transaction products or services. CareNectar is not a party to nor a third-party beneficiary of any Expert Transaction. You acknowledge that CareNectar’s Experts have their own rules and policies, including policies relating to the collection, disclosure and sale of personal information, for which CareNectar is not responsible or liable. You are responsible and liable for verifying and abiding by these policies.
12. Disclaimer of Liability and Warranty
The content, products, and services published on this Website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products and services we expressly reserve the right to correct any errors on the Website. CareNectar makes no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CARENECTAR MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CARENECTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CARENECTAR, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, AND NONINFRINGEMENT. CARENECTAR AND OUR RESPECTIVE PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM CARENECTAR AND OUR PARTNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, LICENSORS AND AGENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARENECTAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD OR CONSUMED VIA EXPERT TRANSACTIONS.
13. Limitation of Liability
You expressly understand and agree that CareNectar and its subsidiaries, affiliates, officers, Experts, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use of data or other intangible losses, resulting from use of the Website, Website content or any related services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic or epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any disagreements or conflicts that arise out of any Expert Services or Expert Transactions. You hereby waive any and all claims for damages, losses or injuries of any kind that may arise out of your use of or reliance upon any Expert Services or your entry into any Expert Transactions.
If, despite the limitations above, CareNectar, its subsidiaries, affiliates, officers, Experts, licensors and agents (its “Affiliates”) are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of CareNectar, Its Affiliates and/or their respective agents will in no event exceed, in the aggregate, the membership fees you paid to CareNectar in connection with such transaction(s) on this Website. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CareNectar, Its Affiliates, and/or their respective agents.
You agree to indemnify and hold CareNectar (and its members, owners, officers, directors, agents,
15. Electronic Communication
When you use the Website or send emails to CareNectar, you are communicating with CareNectar
electronically. You consent to receive communications from CareNectar electronically. CareNectar will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Website-Provided Email and Postings
The Website may provide users with the ability to send email messages to other users and non-users and to post messages on the Website. CareNectar is under no obligation to review any messages, information or content (“Postings”) posted on the Website by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, CareNectar may from time to time monitor the Postings on the Website and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Website to post content or initiate communications that contain:
The Website or third parties may provide links to other World Wide Web sites or resources. Because CareNectar has no control over such sites and resources, you acknowledge and agree that CareNectar 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 CareNectar 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.
18. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
19. Modification to Website
CareNectar reserves the right to make changes to the Website and related policies and agreements, or to discontinue Services, at any time.
20. Binding Arbitration; Class Action Waiver
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with CareNectar and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or CareNectar seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or CareNectar seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and CareNectar waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.
Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Cook County, Illinois, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
YOU AND CARENECTAR AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND CARENECTAR AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
You and CareNectar agree that these Terms affect interstate commerce and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and CareNectar agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at CareNectar, 200 N LaSalle St., Suite 1550, Chicago, IL 60601 and via email at [email protected], and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account).
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and CareNectar will not have the right to assert the claim.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND CARENECTAR REGARDING ANY ASPECT OF THE SERVICES AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
21. Survival of Terms
22. Waiver and Severability
23. No Third-Party Beneficiaries
24. Entire Agreement