Terms of Use
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING OR ACCESSING OUR MOBILE APPLICATION OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT ACCESS OR USE THE WEBSITE, APPLICATION OR ANY SERVICES PROVIDED BY US UNLESS YOU AGREE TO ALL OF THE TERMS & CONDITIONS INDICATED HEREIN.
Effective Date: December 15, 2020
These Terms of Use is a legal agreement (“Agreement”) made between you, (either as a patient user or as a user associated with a patient user’s CareCrew team) and My CareCrew, LLC, a Florida Limited Liability Company (“My CareCrew,” “Company,” “we,” or “us”) for use of the My CareCrew mobile application, the website (mycarecrew.co, including the blog), the online store (mycarecrew.store) and the Amazon Web Servers (“AWS”) used by our application, the computer files stored within such servers, and all related services, features and content offered by the Company (collectively, the “Service”). Unless specifically indicated otherwise, both patient users (individually as “patient user”) as well as CareCrew team users (individually as “team user”) will both be collectively referred to as “you,” “your,” “user,” or “users” within this Agreement. This Agreement is not with Apple, Inc., Google, Inc., or any of their subsidiaries, or any other entity as may apply.
Please understand that, by establishing an account, by joining our community, using and accessing information on the Service, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS STATED WITHIN THIS TERMS OF USE AGREEMENT, which shall constitute a binding agreement between you, as a user of the Service, and My CareCrew. By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you choose not agree to these Terms, you must not access or use the Services. These Terms of Use expressly supersede prior agreements or arrangements with you. My CareCrew may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
By using the Service, you are bound by these Terms of Use and our Privacy and Cookie Policy.
Registration
Age Restriction. You must have attained 18 years of age to be a registered user of our Service and to create and maintain a My CareCrew account.
Registration Information. When you register and create an account, you agree to (a) provide accurate, truthful, complete, and current information about yourself as directed by the registration form, and (b) promptly update and maintain your account information to keep it accurate, true, current and complete.
Password Security. As a registered user, you may create your own unique password for your account. You are prohibited from using the password of any other person to access our Services. You have the responsibility to maintain the confidentiality of your password and may not let any others use your password to access the Services. You, and you alone, are solely and wholly responsible for the activities of anyone that accesses the Service using your password, even if the activities were not authorized by you. It is your responsibility, and imperative for you to (1) control the sharing, release and use of your username, screen name, and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly notify us if you have reason to believe your account or password may have been compromised or if there is any other reason you need to deactivate a password. You must notify us at hello@mycarecrew.co immediately of any unauthorized use of your password. Also, if you believe or suspect your password has been compromised, you must promptly change your password using the options provided in the Service.
The Service
The service provides its users with access to private care and support accounts, created by either patient users and / or CareCrew users, and is designed to facilitate communication between Patient users and CareCrew users. The service may contain email services, messaging services, calendars, social media, journals and / or other messaging or communication services designed to allow you to communicate with others in your CareCrew (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only for sending, posting, and receiving messages and other relevant and related material that are intended for Service use only. Always exercise caution when providing any personal information that identifies you or others in any of our Communication Services. My CareCrew does not control or promote the content, messages, or information found in any Communication Services, therefore, My CareCrew directly disclaims any liability in respect to our Communication Services and any actions resulting from your participation in them. Authorized users do not speak for My CareCrew, and their views do not reflect those of My CareCrew.
Respect is a priority in the My CareCrew community. Your interactions on the Service should be respectful and courteous. They should refrain from inflammatory and defamatory comments, as well as personal attacks, taunting, and general disrespect. Whether creating and maintaining an account, visiting and posting to an account, creating a profile, or otherwise posting on our Service, you may be posting a variety of content, including without limitation text, graphics, photographs, information, videos, links, suggested products and services for our Wishlist feature, personal experiences, gift fund requests and other material ("Submissions").
You acknowledge and agree, in consideration of your use of the Service, that all information that you post, email, upload, transmit, send or otherwise make available through the Service: (a) will not infringe any third party’s patent, trademark, copyright, trade secret or any other proprietary rights or rights of publicity or privacy; (b) will not be fraudulent; (c) will not violate any statute, law, regulation or ordnance; (d) will not be defamatory, trade libelous, racially, ethnically or otherwise objectionable or offensive; (e) inappropriate or inflammatory, unlawfully threatening or unlawfully harassing; (f) will not be contain pornography, be obscene, or contain photographs of unclothed person(s); (g) will not contain any software viruses, worms, Trojan horses, detonate any malware time bombs, cancel bots, easter eggs or other computer programming routines that may damage, negatively interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not generate liability for us or cause us to lose the services of our ISPs or other suppliers; (i) will not link, whether directly or indirectly, to any content to which you do not have a right to access, link, or include, and (j) will be consistent with the values or the spirit of the My CareCrew community.
YOU, AND NOT MY CARECREW, ARE ENTIRELY RESPONSIBLE FOR ALL THE SUBMISSIONS THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE SEND VIA THE SERVICES AND YOU WILL INDEMNIFY US WITH RESPECT TO ANY CLAIM, LOSS, LIABILITY, OR DAMAGE INCURRED BY US IN CONNECTION WITH YOUR SUBMISSIONS. The company does not control your information or the information about or posted by other users and does not guarantee the integrety, accuracy, or quality of your information or the information about or posted by other users. We do not endorse opinions expressed by you or other users. You understand that by using our Service, you may be exposed to information that is indecent, offensive, or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your information or information of or posted by other users. You agree that under no circumstances will My CareCrew, or any of their respective officers, directors, shareholders, employees, consultants, advisers, agents, affiliates, subsidiaries, or third-party partners (collectively as the “Covered Parties”) be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information about or posted by other users, or for any damage or loss of any kind realized as a result of the use of your information or information about or posted by other users posted, emailed, transmitted or otherwise made available in connection with the Service, or for any failure to correct or remove information. We have the right, in our sole discretion, to suspend or terminate your use of the Service and refuse any and all current or future use of all or any portion of the Service.
This Service Does Not Provide Medical Advice
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP AND ASSOCIATED SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. As such, information shared by us, provided by or exchanged between users, is for personal purposes only; designed as general information. shared by and between users. The information is not, nor intended to be, a substitute for professional medical advice. You must always seek appropriate advice from your physician orother qualified medical provider with any inquiries you may have relating to a medical ailment that you are commenting, sharing or discussing as a user or with your CareCrew. Never ignore professional medical advice or delay in seeking advice because of something you have read, exchanged, or discussed within our Services or through any Third Party links shared, exchanged or otherwise posted in the Service!
Licenses
Our Services, including all of the software and code comprising or used to operate our Services, all our individual sites and all trademarks, content, or copyrighted works provided by My CareCrew is owned by My CareCrew or by third parties who have licensed their rights to My CareCrew. No title, right, or interest in our Services or any My CareCrew content is transferred to you under these Terms of Use. My CareCrew does not claim ownership of the copyrights in your Submissions.
Limited License
We grant you a non-exclusive personal, worldwide, revocable, and non-transferable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms of Use. All rights, title, and interest in our Services that are not expressly granted within these Terms of Use are reserved by the Compan
To be clear, the Company owns all the images, photos, text, messages, audio, video, location data, and all other types of data or information that the Company creates and makes available in relation to our Services, including, but not limited, to visual interfaces, user interfaces, interactive features, graphics, design, compilation of user submissions, and the compilation of aggregate user review ratings and all other elements and components of our Services, excluding user submissions (as defined below). Except as expressly provided herein, we do not grant you any rights, whether express or implied, and all rights to our Services and our Content are retained by us.
If you intend to use our title, software, trade name, trademark, service mark, logo, domain name and / or any other identification with distinguishable branding features or other content owned by us, you must obtain written permission from the Company. A permission request may be forwarded to our email address at hello@mycarecrew.co.
License to User Submission Content
The Service enables you to input Submissions to share with your CareCrew such as personal notes, sharing your stories, expressing moods,symptoms, journaling, posting or uploading content, submitting content (including, but not limited to, app functional areas such as messaging, status updates, wishlists, gift fund, ask for help, offer help), and log certain information into the Service. You retain all rights to such user submissions that you post, share, or log in the Service.
License to Use Your Submissions.
By providing your user submissions to the Service, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully assignable, transferable, and sub-licensable license to copy, use, publicy display, exploit, modify, publicly perform, create various derivative works from, incorporate it into other works, reformat, change, and distribute your user submissions in connection with providing and operating our Services and / or for the Company’s promotional needs (such as, by displaying on our websites, within our mobile application, on social media, on any website or platform on the internet as we may deem necessary), subject to our Privacy Policy; and (b) you also agree to indemnify the Company and our affiliates, officers, directors, and employees. You also agree to hold our affiliates, officers, directors, and employees harmless from any and all claims and expenses, which includes attorneys’ fees, stemming from your failure to comply with this Agreement.
We reserve the right to examine all user submitted content before submission to our Services. In addition, we reserve the right to remove any content for any reason, at any time, without prior notice, at our sole discretion.
Termination of License to Use Your Submissions. The license granted in the preceding section of these Terms of Use shall automatically terminate with respect to our future uses of submissions within a commercially reasonable time after you remove (or ask us to remove) such submissions from an account. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed submissions, such licenses shall not be deemed revoked as to the prior uses. In addition, such licenses shall not be deemed revoked as to any submissions that have been transmitted to other websites, persons, or media. For example, if you have shared your submission to your Facebook or Instagram account via our Service we have no way to remove them from your social media accounts.
Termination of this license does not terminate the license you have granted in any Ideas contained in your submissions. In addition, termination of this license does not terminate our right to preserve, access, and disclose your submissions if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any submission violates the rights of third-parties; or (d) protect the rights, property, or personal safety of My CareCrew, its users and / or the public.
Your Warranties With Respect to Your Submissions. By posting a submission on this Service, you represent and warrant that the posting of your submission does not violate these Terms of Use or applicable laws.
Right, But Not Obligation, to Monitor Submissions. My CareCrew does not and shall not have any obligation to review submissions, and therefore we do not guarantee the accuracy, integrity, or quality of submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable submissions will not appear on our Service. We do, however, reserve the right to review any or all submissions at our sole discretion. In addition, we reserve the right to alter, edit, or remove any submissions, in whole or in part, at our sole discretion.
Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the submissions posted by others except as expressly set forth in these Terms of Use.
Submission of Ideas. By submitting ideas (such as feedback, suggestions, inventions, conceptions, or ideas) to My CareCrew, you are granting to My CareCrew and its designees a perpetual, irrevocable, worldwide, non-exclusive, fully-paid up and royalty-free, fully transferable, assignable, and sublicensable license to exploit, use, modify, copy, improve, display, distribute, or prepare derived works of the ideas you submit (and all rights therein), without any restrictions, without renumeration or other consideration of any kind, whether valuable or not, without notification to you or any third party, and without credit, throughout the universe, and in any form, format or medium now or hereafter known, and to authorize others to do the same. The term “ideas” does not include any submission you post on an account. Also, the license includes the right to reduce to make (or have made), practice, use, export, import, sell (and offer to sell), services and products that incorporate, embody, or use the ideas and to allow others to do the same.
You grant us and all other persons or entities involved in the operation of our Services the right to monitor, transmit, store, receive, and use your information in connection with the operation of the Services. We do not, will not, and cannot assume any liability or responsibility for information you submit, or your or a third parties’ use (or misuse) of information or material transmitted or received using our Services.
My CareCrew does not wish to receive confidential or proprietary ideas. All ideas submitted to My CareCrew through our Service shall be considered non-confidential and non-proprietary.
Submissions Do Not Reflect the Views of My CareCrew. The Submissions posted on our Service by any user, regardless of that user’s affiliation or non-affiliation with My CareCrew, reflect only the opinions of the user posting the submission.
Copyright Ownership. You, and you alone, are legally responsible for your submissions. If any part of your submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your content. If you think any content or submission violates your intellectual property rights, please review our Copyright and DMCA Take-Down Section below.
Connections with Others
Through the Service, we provide the ability for our users to arrange, provide, or receive services from other users, and such services may involve direct physical meeting or interaction at your home, the home of another user, or other location. We do not supervise any of these services or any locations at which services may be provided, and we are not involved in any way with the actions of any users who provide or receive services or meet in connection with such services. As a result, we have no control over the identity or actions of the users who provide or receive services or meet in connection with such services, and we request that our users exercise caution and good judgment when providing or receiving services or meeting with other users in connection with such services.
Because we do not supervise or control any of the services provided or received by users or any of the locations at which services may be provided, or any meetings or interactions among or between users, and because we have very limited control, if any, over the information that users upload, post, email, transmit or otherwise make available via the Service, you agree that you bear all risk and full responsibility for, and you agree to release My CareCrew from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with, your use of the Service, your provision or receipt of any services in connection with the Service or any meetings or interactions among or between users in connection with the Service. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Restrictions on Use of Our Services
You are responsible for your activity in regards to our Services and you shall adhere to all international, national, state and local laws, regulations and codes. If you engage in any of the following actions, you will be in material breach of these Terms of Use, and you agree that you WILL NOT submit, post, communicate, email, message, or otherwise render available any content or use our Service to:
а. lease, rent, resell, loan, distribute, sublicense, or otherwise transfer rights to the Service;
b. decompile, reverse engineer, modify or disassemble the Services;
c. adapt, copy, alter, translate, modify, or create derivative works of our Services without the our written authorization;
d. permit other persons to use our Services, including shared use by a network connection, except pursuant to the terms of this Agreement;
e. circumvent or disable any technological features or measures in the Service for protection of intellectual property rights;
f. use the Service in order to, or in conjunction with, any program, service, or device designed to thwart technological methods implemented to control the rights in, or the access to, a content file or other work protected by the copyright laws of any legal authority;
g. use or access the Service to compile data in a manner that is used or that may be used by a competitive product or service;
h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
i. use your Account to engage in any illegal conduct;
j. upload products, product recommendations, experiences or gift funds in the Wishlist that are dangerous, hazardous, prohibited, or otherwise illegal;
k. upload to transmit any communications that infringe or violate the rights of any party;
l. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or
l. upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Service;
m. attempt to interfere or interfere with the proper workings of our Services or prevent others from using our Services; or in a manner that disturbs the normal stream of dialogue with excessive flooding of messages (a flooding attack) to our Services, or that otherwise negatively affects other persons' ability to use our Services;
n. engage in spamming, commercial activities, marketing of illegal or controlled products, or otherwise violate the law;
o. use in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities;
p. use in a way that contains software viruses, or any other computer programs, code or files that are designed to interfere, destroy or limit the functionality of any computer hardware or software or telecommunications equipment;
r. use any automated or manual means, including robots, agents, spiders, or scripts, to gain access or manage any user's account or to copy or monitor our Services or the content contained therein; or
s. post extraneous content, repeatedly post the same or similar content or otherwise inflict an unreasonably or disproportionately large load on our Services’ infrastructure.
Any forbidden use of our Services shall immediately terminate your license to use our Services.
We reserve the right, in our absolute and sole discretion, to refuse you access to the mobile application and/or our Services, or any portion of the mobile application and/or our Services, without notice, and to remove any content that does not adhere to these Community Guidelines.
Wishlist Purchases and Gift Funds
Users within a CareCrew may purchase products, experiences, or other items from another user’s Wishlist by selecting the registry items and completing the transaction on a third-party website which makes the registry items available for purchase (“Third Party Sellers”). Users, shall pay the Third Party Sellers all fees and taxes associated with such transactions. Any associated terms of service, privacy, refund, shipping and return policies are the sole responsibility of the Third Party Seller. We recommend users review all the terms, conditions and policies of the vendors associated with any Wishlist purchase or Gift Fund donation, prior to completing the transaction. CareCrew users may also contribute funds to another user through GoFundMe.com. For purposes of gift funding, My CareCrew only provides the third party link to the GoFundMe.com website.
We cannot review each post on all our accounts and have no way of monitoring Gift Fund requests or determining their genuineness. As such, we urge you not to respond to any such Gift Fund request that is displayed on an account unless you are absolutely sure, from your own knowledge, that the request is legitimate and that your donation will be used in the way you intend. My CareCrew is not liable or responsible, whether directly or indirectly, for any damages or losses caused, or alleged to be caused, in connection with your reply to any Gift Fund request contained on any individual account. Also, as a reminder, contributions made in response to such solicitations posted on accounts are not contributions to My CareCrew.
Third Party Websites/Services/Partners
The Service or third parties within the Service, such as GoFundMe.com, could provide or facilitate links, widgets, tools or other features that permit you to access other services, sites and resources initiated by third parties, (collectively, “Third Party Resources”). My CareCrew does not control such Third Party Resources or any services, products or content provided by or through any Third Party Resources, or the business practices of any third parties providing such Third Party Resources, and My CareCrew does not take responsbility for and does not endorse any such Third Party Resources or the services, products or content made available by them. You acknowledge that My CareCrew is not liable or responsible for the any functions, content, legality, approriateness, accuracy or any other aspect of such Third Party Resources. You further acknowledge and agree that My CareCrew will not be liable or responsible for any loss or damage caused or allegedly caused by or in conjunction with the use of or dependance on any events, content, goods or services made available through Third Party Resources. Any dealings you have with third parties found while using the Services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such Third Party Resources.
The content of such linked sites is provided and developed by others. You should contact the site webmaster or administrator for those linked sites if you have any concerns relating to such links or any content located therein. As always, you should take appropriate precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Importantly, it is vital that you take the necessary steps to determine whether accessing a Third Party Resource is suitable, including protecting your personal information and privacy in using any such Third Party Resource and complying with applicable agreements. Accessing linked sites is at your own risk.
NONE OF MY CARECREW, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “MY CARECREW PARTIES”) OWN OR CONTROL THE THIRD PARTY SELLER WEBSITE THROUGH WHICH YOU PURCHASE WISHLIST ITEMS. NONE OF THE MY CARECREW PARTIES IS A PARTY TO, ANY TRANSACTION, COMMUNICATION, OR INTERACTION BETWEEN YOU AND THE THIRD PARTY SELLER WEBSITE OR BETWEEN YOU AND OTHER USERS OF THE THIRD PARTY SELLER WEBSITE OR OTHER USERS OF THE SERVICES.
BESIDES WISHLIST THIRD PARTY LINKS, THE SERVICE MAY CONTAIN LINKS TO OTHER THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF MY CARECREW OR ANY OTHER COVERED PARTY. AS SUCH, MY CARECREW AND THE NOTED COVERED PARTIES ARE NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR LINK CONTAINED WITHIN A LINKED SITE, OR ANY CHANGES, MODIFICATIONS, OR UPDATES TO SUCH SITES. MY CARECREW IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT MY CARECREW OR ANY COVERED PARTY RECOMMENDS OR ASSUMES ANY RESPONSIBILITY FOR THE CONTENT FOUND ON SUCH THIRD-PARTY SITES.
TO THE FULL EXTENT PERMITTED UNDER ALL APPLICABLE LAWS, THE COMPANY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE LINKS, INFORMATION, SERVICES, PRODUCTS, AND CONTENT POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, AND ANY USER VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
Use of Smart Phones or Other Mobile Devices
Be advised, your carrier’s normal fees and rates, such as data charges and text messaging fees may still apply if you are using our Services on a mobile device.
Special Features of the Service
If you sign up to use a special feature or specific functionality of our Services, we may request for you to agree to certain additional terms governing your use of that functionality or special feature. If so, we will ask you to expressly consent to these additional terms, for example, by clicking a button or checking a button marked "I agree" or similar language to that effect. These additional terms are known as a "click-through" agreement. If any of the click-through agreement terms conflict with the terms of this Agreement, the click-through agreement terms shall amend or supplement these Terms, but only with regards to the matters governed by the click-through agreement.
Fee’s and Fundraising
Currently, the Service is offered free to users. My CareCrew may invite users to provide donations to My CareCrew to support the development and ongoing provision of services. Donations ensure all users can use My CareCrew App free of charge. My CareCrew will inform users of the opportunity to donate through the Service, within email communications and messaging services. Users can opt-out of email and messaging services. Notwithstanding anything to the contrary indicated in this Agreement, we reserve the right to initiate a fee structure at any time upon notice to you.
Spam Email and Postings
You agree that My CareCrew would be irreparably harmed by the use, by you or others, of the Service in connection with the transmission of spam postings, messaging or unsolicited email, which would be a violation of this Agreement. Also, you agree that, in addition to all other remedies available at law or in equity, My CareCrew is entitled to pursue injunctive relief against any such transmissions. My CareCrew reserves the right to block, filter, or delete unsolicited email.
Our Right to Change, Modify or Discontinue the Site and/or Services
At times, and without prior notice to you, we may expand, change, modify, and improve our Services. At any time, we may also discontinue operating part or all of our Services or selectively deactivate certain features and functions of our Services. Your use of the Service does not entitle you to the continued provision or availability of the Service. Any modification or elimination of the Service or any particular features or functions will be conducted in our sole and outright discretion and without an ongoing obligation or liability to you.My CareCrew shall not be liable to you or to any third party for any suspension, modification, or discontinuance of our Services.
MY CARECREW MAY MAKE CHANGES TO THE SERVICE, SERVICES ON THE WEB SITE, MOBILE APPLICATION, ONLINE STORE, INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS, AND ANY OTHER INFORMATION AND MATERIALS AT ANY TIME AND WITHOUT NOTICE.
Copyright and DMCA Take-Down
If you wish us to remove any Submissions from our Services for any particular reason, please notify us via email at hello@mycarecrew.co. While we do not have an obligation to remove submissions merely because of a removal request, we will evaluate all such requests and will eliminate submissions that we decide should be taken down, in our sole discretion, and in accordance with these Terms of Use (including our Privacy Policy) and applicable law. If you are requesting the removal of content due to a copyright violation (yours), please follow the guidelines indicated in the next paragraph below.
Violation of Copyrights/Copyright Agent. 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 U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of a claimed potential copyright infringement, in the appropriate form as described below, we will promptly disable or remove access to the subject materials that are claimed to be infringed (or the subject of infringing activity). Your notice to us must be in writing and the writing must include the following information:
Your notice must be signed (either physically or electronically) and must be addressed as follows:
Paoola Sefair
My CareCrew, LLC
1402 Harbour Walk Road
Tampa, FL 33602
Any such infringement notification that does not comply with the obligations of the DMCA shall not be deemed adequate notice and shall not be deemed to confer upon My CareCrew actual knowledge of the circumstances or facts from which material is allegedly infringed or acts are evident.
Additional Terms Herein
Except as otherwise stated herein, or as expressly required by local law, any and all notice to us shall be provided by certified postal mail to: My CareCrew, LLC, 1402 Harbour Walk Road, Tampa, FL, 33602. Any notice we provide you will be sent to the email address that you provided us through the registration process. Notice shall be considered given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
The Terms herein, constitute the Agreement, in its entirety, between you and My CareCrew, overriding any prior Agreements between you and MyCareCrew. To the extent that you have a previous registration with My CareCrew, whether provided in the past or the future, this Agreement now governs how My CareCrew may use your information.
This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Florida, and you and My CareCrew agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.
If there is a merger, acquisition, corporate reorganization, sale of all or substantially all of My CareCrew’s assets, or similar transaction, you agree that these Terms of Use herein, and all rights provided, as well as all incorporated agreements, can or may be assigned, automatically or otherwise, by My CareCrew, in our individual capacity, to one or more third parties
My Care Crew’s failure to enforce or exercise any provision or right of these Terms of Use shall not signify a waiver of such rights or provisions and does not waive our right to act with regard to similar or subsequent breaches.
If it is determined that any provision of these Terms of Use is invalid by a court of competent jurisdiction, you and My CareCrew nonetheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision at issue and that all other provisions within these Terms of Use will remain in full force and effect.
You and My CareCrew both agree that, notwithstanding any statute or law to the contrary, and except for any breach by you of any proprietary rights of My CareCrew, any claim or cause of action resulting from, out of, or related to these Terms of Use or your use of our Services, shall be filed within one (1) year after the claim or cause of action arose or be forever barred.
Disclaimer of Warranties
My CareCrew makes no representations or warranties with respect to our Services, any content or submissions made on or to the Services, or any product, service or site promoted through our Services. The Services and all of its related content are offered “as is” and on an “as available” basis. My CareCrew, to the fullest extent permitted by applicable law, disclaims all warranties, whether expressed or implied, arising by statute, within the custom or course of dealing, course of performance, or in any other way, including, without limitation, implied warranties of title, non-infringement, merchantability, and fitness of a particular purpose. Without limiting the generality of the foregoing, My CareCrew does not make any representations or warranties as to the correctness, accuracy, completeness, reliability, or usefulness of any content occurring on the Services.
Limitations of Liability
Under no circumstances, shall My CareCrew, or its licensors, sponsors, or service providers, or any of its or their respective directors, officers, employees, shareholders or agents (collectively, the “released parties”), be liable to you or any third-party claiming through you for any damages or losses resulting from, out of or in connection with, the Services, its content, including user submissions, any services or products made available through the Services, ordamage from any security or data breach or leak, or any other security intrusion, or your use of or inability to use the Services, including any damage or loss due to software viruses that may affect your computer software, equipment, data or other property due to your usage of the Services or your downloading or re of any material from this Service.
Any conduct on your part in response to the information shared by the Service or exchanged between users, including third-party links, is at your own risk. In no event shall My CareCrew, its affiliates, subsidiaries, partners, or its or their officers, directors, employees or agents (collectively the “My CareCrew Parties”) be liable for any damages (including, without any limitations, incidental and consequential damages, injury (personal or otherwise), wrongful death, lost profits, or damages stemming from missing data or business interruption) resulting from the use of or inability to use the service, the content therein, or the use of any information, idea, product, service or instruction contained in the material provided, and/or any website(s) linked to/from it, whether based legal theories, including, but not limited to, warranty, tort, and contract, and whether or not my carecrew parties, or any third parties mentioned in the service are advised of the possibility of such damages.
This limitation of liability is comprehensive, it applies to all damages and losses regardless of type (whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income, or profits), whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory, even if an authorized or designated representative of My CareCrew or another released party has been advised of, notified of, or should have known that the possibility of such damages existed, and regardless of the success or effectiveness of other remedies.
If any part or section of this limitation of liability is found to be illegal, invalid, or unenforceable for any reason, then the collective liability of My CareCrew, its licensors, sponsors, and service providers, and its and their respective directors, officers, shareholders, employees, and agents, under such circumstances, to you or any person or entity claiming through you, for liabilities that otherwise would have been limited, shall not exceed one hundred dollars ($100.00). In certain circumstances, some jurisdictions do not allow the exclusion of liability for certain types of damages. Your entitlement to monetary damages in that amount shall be instead of all other remedies which you may have against any released party. The partiese released shall not be liable for any indirect, special, incidental, or consequential damages of any kind (including, attorneys’ fees) in any way resulting from, due to, or arising from the service or any matter related to the Service. Nothing in this Agreement shall exclude or limit liability for damages or losses which may not be lawfully excluded or limited by applicable law.
The Services may contain typographical errors, technical inaccuracies, or omissions. We are not accountable for any such technical, pricing, typographical, or other errors listed on or omitted from the Services. We reserve the right to make corrections, modifications, changes, and / or improvements to the Services at any time without notice.
Indemnity
You agree to defend, indemnify, and hold the Company, including its officers, directors, employees, agents, and licensors, harmless from and against any demands, claims, actions, liabilities and settlements including, without any limitation, any associated reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Choice of Law, Jurisdiction, and Venue
This Agreement between you and My CareCrew, and your associated relationship, shall be governed, controlled by and construed in accordance with the federal laws of the United States of America and the laws of the State of Florida, within United States of America, excluding conflict of law’s provisions that would indicate the application of the laws from another jurisdiction. Any legal action or proceeding relating to your access to, or use of, this service or these terms of use shall be instituted only in a state or federal court located in Hillsborough County, Florida, United States of America. You and My CareCrew irrevocably agree to accept the jurisdiction of such courts. You expressly and unconditionally waive any claim of improper venue and any claim that said courts are an inconvenient forum. If the courts in the country where you reside should make a determination that the provisions or conditions of this paragraph are unenforceable, then you agree and consent to submit to binding arbitration exclusively.
Dispute Resolution
The parties will attempt in good faith to resolve through negotiation any dispute, claim, or controversy arising out of or relating to these Terms of Use or any matter relating in any way to your use of the Service. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. “JAMS”), or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Nonetheless, legal action taken by My CareCrew to recover damages for, or obtain an injunction relating to, our Service, website operations, or intellectual property shall not be submitted to arbitration or mediation except as otherwise agreed in writing by My CareCrew. In addition, either you or My CareCrew may seek any preliminary or interim relief from a court of competent jurisdiction in the State of Florida, United States of America, necessary to protect the rights or property of you or My CareCrew pending the completion of arbitration. Either party may commence the arbitration process, with respect to the matters submitted to mediation, by filing the appropriate written demand for arbitration at any time following an initial mediation session or forty-five (45) days after the filing date of the written request for mediation, whichever happens first. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties covenant that they will participate in the arbitration in good faith and that they will share equally in its costs. The provisions of this paragraph may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
The Statute of Limitations
You further agree that, irrespective of any law or statute to the contrary, any claim or cause of action related to or stemming from the use of our Services or this Agreement must be filed within one (1) year following such claim or cause of action arose or be forever barred.
General Term Disclosures, Other
As used herein, the term "including" means "including, but not limited to." Also, section headings are for limited reference purposes only and in no way limit, construe, define, or describe the scope or extent of such section.
Any failure by us to require performance, at any time, of any condition or provision of this Agreement or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right. If any provision specified herein is held to be unenforceable or invalid by a court of competent jurisdiction, such unenforceability or invalildity shall not affect the enforceability or valildity of the remaining provisions. Importantly, the remaining provisions of these Terms of Use shall hereby remain in full force and effect.
These Terms of Use, as described herein, encompasses the entire agreement and understanding between us and, as such, supersede all prior agreements and understandings between you and My CareCrew as it pertains to the subject matter hereof.
Changes to Our Terms of Use and Our Separate Privacy Policy
We unequivocally reserve the right to modify or update these Terms of Use and our separate Privacy Policy at any time, without prior notice, by posting the revised version of these Terms of Use and Privacy Policy behind a link marked “Terms of Use” or “Privacy Policy,” at the bottom of each page of our sites or within our mobile application. When we change the Terms of Use, or our Privacy Policy, we will update the Effective Date at the top of this page. Your continued use of our Services after we have posted the revised Terms of Use, Privacy Policy, constitutes your agreement to be bound by the revised Terms of Use or our privacy practices.
Contact Us
If you have any questions regarding these Terms of Use, please contact us by email: hello@mycarecrew.co
Or via post:
My CareCrew, LLC
1402 Harbour Walk Road
Tampa, FL 33602
