1. User's Acknowledgment and Acceptance of Terms
Care4Software, Inc. (“Care4Soft,” “us” or “we”) provides the Care4Soft website and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between Us and you, which includes our Privacy Policy. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. All references herein to “we,” “us,” or “our” are intended to include Care4Soft and any other affiliated companies.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU
DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE AND OUR PRIVACY
POLICY, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH
THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION
AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE
PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR USE OF THIS SITE.
We expressly reserve the right to change these Terms of Use from time to time without notice to
you. You acknowledge and agree that it is your responsibility to review this site and these
Terms of Use from time to time and to familiarize yourself with any changes or updates. Your
continued use of this site after such changes or updates will constitute acknowledgement of the
modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, service providers, and
advertisers, and includes (without limitation) all parties involved in creating, producing, and/or
delivering this site and/or its contents.
BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU CAN LEGALLY ENTER INTO A CONTRACT.
We make various services available on this site including, but not limited to, tools and features
to help you manage your properties, and other related services. You are responsible for
providing, at your own expense, all equipment necessary to use the services, including a
computer, modem, and Internet access (including payment of all fees associated with such
access).
We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use an account and
password that can be obtained by completing our online registration form, which requests
certain information and data (“Registration Data”), and maintaining and updating your
Registration Data as required. By registering with out Site, you agree that all information
provided in the Registration Data is complete, true and accurate and that you will maintain and
update this information as required in order to keep it current, complete, true, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The
information we obtain through your use of this site, including your Registration Data, is subject
to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
Your use of the site is subject to all applicable laws and regulations, and you are solely
responsible for the substance of your communications through the site. By posting information
in or otherwise using any communications service, chat room, message board, newsgroup,
software library, or other interactive service that may be available to you on or through this site,
you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of
any content, including, but not limited to, text, communications, software, images, sounds, data,
or other (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or
accounts of sexual acts (including but not limited to sexual language of a violent or threatening
nature directed at another individual or group of individuals), or otherwise violates our rules or
policies;
(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other
(d) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as
“spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or
(e) contains software viruses, bots, spiders, trojan horses, malware, or any other computer
code, files, or programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
(f) impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or
submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site.
However, we and our agents have the right at their sole discretion to remove any content that,
in our judgment, does not comply with these Terms of Use and any other rules of user conduct
for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any
failure or delay in removing such content. You hereby consent to such removal and waive any
claim against us arising out of such removal of content. See “Use of Your Materials” below for a
description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. When you access a non-Care4Soft website, you do so at your own risk. The inclusion of such a link or reference is provided merely as a convenience for you and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any
6. Intellectual Property Information
Copyright (c) 9/16/2016 Care4Software, Inc All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Care4Soft and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider.
Except for a single copy made for personal use only, you may not copy, reproduce, modify,
republish, upload, post, transmit, or distribute any documents or information from this site in any
form or by any means without prior written permission from us or the specific content provider,
and you are solely responsible for obtaining permission before reusing any copyrighted material
that is available on this site. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in criminal or civil
penalties. Your access and use of any Services provided herein shall automatically terminate
without notice to you for violating any of the Terms of Use or our Privacy Policy. You agree that
upon that termination you will immediately destroy any downloaded, printed, or usable materials
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this site will not infringe the rights of third parties. See “User's Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are registered trademarks, or service marks of Software Dimensions or its Affiliates:
[CARE4SOFT]. All custom graphics, icons, logos and service names are registered
trademarks, trademarks or service marks of Care4Soft or its Affiliates. All other trademarks
or service marks are property of their respective owners. Nothing in these Terms of Use grants
you any right to use any trademark, service mark, logo, and/or the name of Care4Soft or its
7. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to this site or to Us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant Us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently
Please do not submit confidential or proprietary information to Us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to Us in any circumstances.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should immediately send notification to our Designated Agent (as identified below). To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2. Identify the material that you claim is infringing upon the copyrighted work listed in item 1
3. Provide information reasonably sufficient to permit Us to contact you (email address is
4. Provide information, if possible, sufficient to permit Us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted
materials described above as allegedly infringing is not authorized by the copyright owner, its
agent, or the
6. Include the following statement: “I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.”
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement,
we may immediately remove the identified materials from our site without liability to you or any
other party and that the claims of the complaining party and the party that originally posted the
materials will be referred to the United States Copyright Office for adjudication as provided in
the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES WITHIN THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES WITHIN THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER LIABILITY THAT RESULTS SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
Through your use of the site, you may have the opportunity to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Care4Soft spokesperson speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of your use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR FINANCIAL TRANSACTIONS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
Upon a request by Us, you agree to defend, indemnify, and hold Us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees and costs, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defenses.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone. We reserve the right to immediately terminate your account if you transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser.
We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative, at their own risk, and are responsible for compliance with all applicable local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use or any situation where your statements or conduct are inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms of Use, our Privacy Policy, or applicable law. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account, remove any of your Content, and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Us in connection with such termination.
This site (excluding any linked sites) is controlled by us from our offices within Washington, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Washington, by accessing this site both of us agree that the statutes and laws of the State of Washington, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the State of Washington, in the city of Seattle, and hereby waive any objection to such jurisdiction and venue with respect to such
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Us must be sent to the attention of Care4Soft at [EMAIL], if by email, or at [ADDRESS] if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. We may alter these Terms of Use from time to time for any reason, which is why you should periodically review these Terms of Use, as well as our Privacy Policy, to ensure that you still agree to the terms provided herein. Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a writing signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party without our prior written consent, which shall not be unreasonably withheld, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
Care4Soft shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, we may be excused from such performance to the extent it is delayed or prevented by
If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by Us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.