Cariloop Terms of Service
This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant you are of legal age to form a binding contract with Cariloop and meet all the foregoing eligibility requirements.
If you are under the age of 18, you may be added to a member case with documented consent from a legal guardian or parent. If you are under 18 and would like to create a case or utilize the Platform, please send an email to firstname.lastname@example.org.
2. Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Platform to users (including registered users).
You are responsible for:
- Making all arrangements necessary for you to have access to the Platform.
If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.
3. Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Cariloop, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from the Platform.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform without or prior written consent.
The Cariloop name and all related names, logos, product and service names, designs and slogans are trademarks of Cariloop or its affiliates or licensors. You must not use such marks without the prior written permission of Cariloop. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
5. Prohibited Uses
- In any way which violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm others in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Cariloop, a Cariloop employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct which restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Cariloop or users of the Platform or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner which could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
You agree not to reproduce, duplicate, copy, sell, resell, transfer, rent or exploit for any purpose the use of or access to the Platform or any portion of the Platform.
Cariloop grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a computer or mobile device you own or control; provided you use the Software in accordance with any terms and conditions applicable to your computer, mobile device, or the distribution platform through which you obtained the Software, and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, except as expressly provided between you and Cariloop in writing, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Sites, Apps, or any portion of the Apps. You agree not to access the Sites or Apps by any means other than through the interface that is provided by Cariloop or use in accessing the Platform.
6. User Messages
The Platform may contain interactive features (collectively, “Interactive Features”) which allow users to post, submit, publish, display or transmit to other users or to a Care Coach (hereinafter, “post”) content or materials (collectively, “User Messages”) on or through the Platform.
You represent and warrant:
- You own or control all rights in and to the User Messages and have the right to grant the license granted above to us
You understand and acknowledge you are responsible for any User Messages you submit or contribute, and you, not Cariloop, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Messages posted by you or any other user of the Platform.
7. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Messages for any or no reason in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS CARILOOP AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
8. Content Standards
These content standards apply to any and all User Messages and use of Interactive Features. User Messages must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Messages must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Include both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Our designated Copyright Agent to receive DMCA Notices is:
Joe Kodali, Director of Security & Compliance
2100 N. Greenville Ave #Suite 620, Richardson, Texas 75082
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware if you knowingly materially misrepresent that material or activity on the Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Offenders: We reserve the right to, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers or otherwise prevent them from posting any future User Messages.
10. No Medical, Legal, or Professional Advice; Reliance on Information Posted
The information presented on or through the Platform, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, is made available for information purposes only. It does not constitute or replace any professional medical advice, diagnosis, treatment, or recommendation of any kind. You should always seek the advice of a qualified healthcare professional with any questions or concerns you may have regarding the care or medical needs of yourself or your loved ones.
The information provided on the Platform, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics & other visuals, does not, and is not intended to, constitute legal or other professional advice. Instead, all such information is for informational purposes only. You should contact your attorney or respective professional to obtain advice with respect to a particular legal matter. You should not act or refrain from acting on the basis of any information on the Platform without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances the information and other materials available on the Platform is applicable or appropriate to your particular situation. Use of, and access to, the Platform or any of the resources contained on the Platform do not create an attorney-client relationship between You and Cariloop.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third parties, including materials provided by other users, third-party licensors, and Care Coaches. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cariloop, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cariloop. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Not for Emergencies
Our Platform is not for medical emergencies or other urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Platform. If you believe you or your loved one have an emergency or other life-threatening situations, call 9-1-1 immediately.
You should always seek emergency help or follow-up care when recommended by an appropriate healthcare professional or when otherwise needed. You should continue to consult with an appropriate healthcare professional as they may recommend. Always seek the advice of an appropriate healthcare professional concerning questions you may have regarding a medical condition before stopping, starting, or modifying any treatment or medication for you or a loved one.
12. Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
13. Information About You and Your Visits to the Platform
14. Online Purchases and Other Terms and Conditions
You may be able to order one or more additional services or upgrades on our Platform. You agree your order is an offer to license such services or upgrades, under these terms or other terms that may be made available for such services or upgrades. All orders must be accepted by us or we will not be obligated to license the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with the details of the services or upgrades you have ordered.
All prices, discounts, and promotions posted on this Platform are subject to change without notice. The price charged for a service or upgrade will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges, and all such taxes and charges will be itemized before payment is made and will further itemized in your confirmation email.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order and before we make the additional services or upgrades available to you. We accept all major credit cards for purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order. All fees for orders for additional services or upgrades are non-refundable and your use of the additional services or upgrades are non-transferable.
15. Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.
16. Geographic Restrictions
The owner of the Platform is based in the state of Texas in the United States. We provide this Platform for use only by persons located in the United States and Canada. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties
You understand we cannot and do not guarantee or warrant files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARILOOP NOR ANY PERSON ASSOCIATED WITH CARILOOP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CARILOOP NOR ANYONE ASSOCIATED WITH CARILOOP REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
You acknowledge and agree access to the Platform may be unavailable from time to time through no fault of Cariloop, including, without limitation, downtime due to regular maintenance (performed by Cariloop or its service providers), and Cariloop shall not be liable for any damages or losses caused by such unavailability.
CARILOOP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
In no event will Cariloop, its affiliates or their respective licensors, service providers, employees, agents, officers or directors be liable for consequential, indirect, incidental, special, exemplary, special, punitive, or enhanced damages arising out of, or relating to, and/or in connection with your use, or inability to use, the Platform, any Platform’s linked to it, any content on the Platform or such other Platforms, or any services obtained through the Platform or such other Platforms, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, regardless of: (a) whether such damages were foreseeable; (b) whether or not Cariloop was advised of the possibility of such damages; and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
In no event shall Cariloop’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to Cariloop for your access to, and use of, the Platform pursuant to this agreement in the twelve (12) period preceding the event giving rise to the claim.
The limitation of liability provisions set forth in this Section 20 shall apply even if your remedies under this Agreement fail their essential purpose. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
20. Governing Law and Jurisdiction
In any dispute, neither you nor Cariloop will be entitled to join or consolidate claims by or against other Cariloop users in court or otherwise participate in any claim as a class action representative, class member, or in a private attorney general capacity.
21. Limitation on Time to File Claims
22. Waiver and Severability
23. Entire Agreement
24. Your Comments and Concerns; Feedback
This Platform is operated by Cariloop, Inc.; 2100 N. Greenville Ave; Suite 620; Richardson, TX 75082. Any questions should be directed to email@example.com or firstname.lastname@example.org
All other feedback comments, requests for technical support and other communications relating to the Platform (including requests or suggestions for new features or functionality related to our Platform) (collectively, “Feedback”) should be directed to: email@example.com. You assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
Last Modified: January 10, 2023