Terms and conditions
IMPORTANT NOTE REGARDING WEBSITE CONTENT
The information and content (collectively, “Content”) on this website is for your use as the caregiver, and provides general information relating to education, resources and guidance to help you care for and assist your loved ones. The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals or other professionals providing caregiver assistance. The Content on this website should not be considered medical advice and is not intended as medical advice, and we are not engaged in rendering medical, health, psychological, or any other kind of personal professional services on this site. If you are experiencing a medical emergency, you should not rely on any information on this website and should seek appropriate emergency medical assistance, such as calling “911”. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals or other professionals in caring for your loved ones. By accessing and using the information, resources and guidance you acknowledge and understand that you assume all responsibility and risk for the use of this publication.
The Caregiver Assurance Team provides you, the caregiver, with information, resources and guidance in accessing and coordinating community and in-home resources for your loved ones, including, but not limited to the Caregiver Assurance monthly membership and in-home evaluation (“Services”). Decisions about your care arrangements must be made by you. The Content contained on the website may be owned and copyrighted by third-parties and the Caregiver Assurance Program does not represent or warrant the accuracy of that content. In addition, the quality of the provider or other contractors and their services that you engage are to be solely determined by you. Information provided to you about a particular provider or contractor does not imply and is in no way an endorsement of that particular provider or contractor by the Caregiver Assurance Program or the Caregiver Assurance Team or any of its affiliates. The Caregiver Assurance Program may receive compensation from the providers or contractors you access through this website in connection with the presence of their information on the website or purchases of their services. The information on a particular provider or contractor has been supplied by the provider or contractor and is subject to change by the provider or contractor without written consent of the Caregiver Assurance Program.
Some Services available through the Caregiver Assurance Program website may be covered benefits under the recipient’s health insurance policy or other insurance. Please review the recipient’s insurance benefits before purchasing Services.
This website is intended for a United States audience. If you live outside the U.S., you may see information on this website about products, services or therapies that are not available or authorized in your country.
Agreement and Terms
The following website Terms and Conditions of Use (“Terms”) describe the rules for using this website. These Terms constitute a legally binding agreement between you, the person using this website, and the Caregiver Assurance Program. If you are helping another person use this website, these Terms constitute a legally binding agreement between both the helper and the person being helped and the Caregiver Assurance Program. Terms such as “we” or “our” and “Company” refer to the Caregiver Assurance Program and its affiliate entities.
By using this website, you agree to the most-recent Terms as well as the most-recent version of our Privacy Policies. We may change these Terms at any time, and such changes will be posted on this or a similar page of this website. It is your responsibility to review these Terms each time you use this website. By continuing to use this website, you consent to any changes to our Terms.
By using this website, you acknowledge and agree that any activity on this website is subject to monitoring by the Company at any time, and that the Company may use the results of such monitoring without limitation, subject to applicable law.
If you enter into any other agreement with the Company, for example to obtain services available through this website, then these Terms are in addition to the terms of such other agreement. Neither entering into this Agreement, nor visiting this website, guarantees that you are eligible to receive any of the Services that may be available through this website or otherwise.
Please be advised that the Terms, provisions and license set forth above and below constitute the agreement, and will be referred from time-to-time collectively as the “Agreement.” You understand that we may terminate this Agreement and your right to access or use the website, the Content and the Services, at any time, with or without cause.
License to use this website and content ownership
Subject to these Terms, the Company grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the website for the sole purpose to help you care for and assist your loved ones. You may also print a reasonable number of copies of the Content for your personal, non-commercial use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the website, granting the foregoing license or entering into this Agreement. You shall not store electronically any significant portion of any Content. The Caregiver Assurance Program authorizes you to view and use the Content on this website solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without the Caregiver Assurance Program’s prior written approval.
In the event you choose to provide us with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant the Caregiver Assurance Program a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
Some websites operated by the Caregiver Assurance Program include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using this website, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
Restrictions on use of this website
You agree to comply with all applicable laws and regulations while using this website, Content or services, and you agree not to engage in unacceptable use of the website, Content or service, which includes, without limitation, the following:
- not to use this website or Content in any way not explicitly permitted by these Terms or the text of the website itself;
- not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
- not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or application page;
- not to take any action intended to interfere with the operation of this website;
- not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
- not to share any password assigned to or created by you with any third parties or use any password granted to or created by a third party, and not to circumvent security and/or authentication measures, including using another caregivers or customers account or password;
- not to use the website, Content or services for private, financial, or commercial gain;
- not to access, submit, publish, transmit, receive or display pornographic, obscene, perversely lewd and vulgar, or indecent or vulgar language;
- not to install any unauthorized software or virus on the computer network;
- not to alter documents or records, create a forged instrument or otherwise commit forgery;
- not to use the website to invade the privacy of individuals; and
- not to directly or indirectly authorize anyone else to take actions prohibited in this section;
You further represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to these Terms on your behalf. In the event of any unauthorized use of the website, Content or services, the Caregiver Assurance Program may suspend access of the IP address(es) from which the unauthorized use occurred upon notice to you.
Posting messages, comments or content
Certain portions of this website may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content or message:
- which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, vulgar, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- authored or created by another without the consent and authorization of the individual or entity;
- that is anonymous and/or falsifies one’s identity to others while using the website;
- for commercial or private advertising; or
- the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights, including exporting, re-exporting or permitting downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions.
You are solely responsible for the content of any postings you submit and the Company assumes no responsibility or liability for any content submitted by you or any other website visitor. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these Terms or is otherwise harmful to us, our customers, or any third party. We reserve the right to remove the content you provide at any time, but you understand that we may preserve and access a backup-copy, and we may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of the Caregiver Assurance Program.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Caregiver Assurance Program or its affiliates for all claims resulting from content you supply.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to Fairview Health Services, Attn: DMCA Registered Agent, 2450 Riverside Ave. So., Minneapolis, MN 55454.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
Changes to website content
We may change, add or remove some or all of the Content on this website at any time. In addition, please note that although our goal is to provide accurate information, certain features that may be offered through this website, such as participating providers, pricing information or other Content, may not be accurate or up to date. In addition, please note that features of any services described in this website may change over time.
ALL CONTENT ON THIS WEBSITE OR SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” BASIS. THE COMPANY, ALL THIRD PARTIES, IF ANY, PROVIDING CONTENT FOR THIS WEBSITE OR SERVICES, AND ALL THIRD PARTIES PROVIDING SUPPORT OR INFORMATION FOR THIS WEBSITE (COLLECTIVELY, “WEBSITE-RELATED-PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE WEBSITE-RELATED-PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE-RELATED-PARTIES SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION REGARDING THE CONTENT OR SERVICES THAT MAY BE AVAILABLE THROUGH THIS WEBSITE IS ACCURATE OR COMPLETE. THE WEBSITE-RELATED-PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
LIMITATION OF LIABILITY
YOU AGREE THAT NONE OF THE WEBSITE-RELATED-PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, THE CONTENT OR THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM RELIANCE ON OR USE OF THE SERVICE, THIS SITE OR INFORMATION OR LINKS PROVIDED ON THIS SITE OR ANY ACTS, OMISSIONS, DEFECTS, SECURITY BREACHES, CONFIDENTIALITY BREACHES, DELAYS, LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE WEBSITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR CONTENT ARE EXCLUDED EVEN IF THE WEBSITE-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS WEBSITE, THE CONTENT OR THE SERVICES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, THE CONTENT OR THE SERVICES, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, THE CONTENT OR THE SERVICES AND TERMINATE THIS AGREEMENT, INCLUDING THE LICENSE.
Governing law and statute of limitations
The laws of the State of Minnesota governs the Agreement and any cause of action arising under or relating to your use of the website, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this website, is in the state and federal courts in the State of Minnesota, U.S.A. and in Hennepin County. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provision of the Agreement is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the Agreement, and the remaining terms and provisions will remain in full force and effect. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. No waiver of any of the provisions in the Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You agree to defend and indemnify, Website-Related-Parties and their subsidiaries, affiliates, officers, directors, employees, and agents, harmless from any claim, demand, or damage, including reasonable costs and attorneys' fees, arising out of or related to or in any way connected with your breach of this Agreement or your use or misuse of the Content, website or Services, and/or any libelous, slanderous, indecent or other statement concerning any person made or republished by you. You may not transfer or assign any rights or obligations under this Agreement. The Company may transfer or assign its rights and obligations under this Agreement.
Your obligations under the following sections survive termination of this Agreement: Important Note Regarding Website Content; Agreement and Terms; portions of License to use this website and content ownership; Restrictions on use of this website; Posting messages, comments or content; Copyright Infringement – DMCA Notice; Changes to website content; Links; NO WARRANTIES; LIMITATION OF LIABILITY; Governing law and statute of limitations; as well as any other terms that would by their sense, context and nature survive, shall remain in full force and effect and shall survive.
To contact us regarding the Agreement or the operation of the website itself, contact us at (612) 672-2273
The Effective Date of the Agreement is June 5, 2017.