Terms and Conditions of Use for Caregiver’s Best Friend
Last Updated: May 6, 2019
Caregiver’s Best Friend is owned by Presbyterian Villages of Michigan, a Michigan based 501(c) 3 non-profit organization (hereinafter “Owner”). Your access to and use of the Caregiver’s Best Friend blog and website (hereinafter “Site”) is subject exclusively to these Terms and Conditions and the Privacy Policy for Caregiver’s Best Friend (collectively hereinafter “Agreement”). By using the Site, you fully accept the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Site.
All content provided on the Site is for informational purposes only. You expressly agree that use of this website is at your sole risk. It does not constitute advice and you should not rely on it in making or refraining from making, any decision. The Owner makes no representations as to the accuracy or completeness of any information on the Site or found by following any link on the Site. The Owner will not be liable for any errors or omissions in this information nor for the availability of this information. The Owner will not be liable for any losses, injuries, or damages from the display or use of this information.
The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. These websites and services may have their own privacy policies, which the user will be subject to upon linking to a third party’s website. Owner strongly recommends that users review the third party’s terms and policies.
If you use any linked sites, you will leave this site. You agree to visit any linked site at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked sites are not maintained, controlled, or otherwise governed by Owner. The content, accuracy, opinions expressed, and other links provided by linked sites are not investigated, verified, monitored, or endorsed by Owner. Owner does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site. Owner is neither responsible for nor will it be liable under any theory based on (i) any linked site; (ii) any information and/or content found on any linked site; or (iii) any site(s) linked to or from any linked site.
By accessing the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement and that you will access its content solely for your personal, non-commercial use.
None of the Site’s content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the Owner. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial home use only.
By accessing the Site, you agree to indemnify and hold the Owner and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Owner arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Site.
THE OWNER IS PROVIDING THE SITE ON AN “AS IS”, “WHERE IS”, AND “WHERE AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRESBYTERIAN VILLAGES OF MICHIGAN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.YOU AGREE THAT OWNER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL OWNER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER OWNER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Blog Comments:
The site allows comments on blogs (“Comments”) as a free service to users who agree to abide by the terms and conditions of this Agreement, however, we reserve the right to change the nature of this relationship at any time. Users who violate the terms of this Agreement will have their Comments access canceled, and they may be permanently banned from making Comments. Leaving a Comment will constitute acceptance of the terms and conditions of this Agreement. If you do not agree to abide by these rules, please do not leave a Comment.
Caregiver’s Best Friend (www.caregiversbestfriend.org) invites you to express your opinions and engage in discussions with one another by leaving comments on our blog. Comments may be textual, audio and/or visual.
The Comments contain information, facts, and opinions (“Content”) from various individuals and organizations, including those not affiliated with us in any manner. You and any user of the Comments must evaluate, and bear the risk associated with, the accuracy, completeness, or usefulness of any Content. We shall not be responsible for any Content. We do not prescreen or monitor all Content as a matter of policy, but we shall have the right, but not the responsibility, to remove Content that is deemed in our sole discretion to be harmful, offensive, or otherwise in violation of this Agreement or any rules we have in place at the time. We may elect at our sole discretion to monitor some, all, or no areas of Comments for adherence to this Agreement or our rules.
To ensure an enjoyable experience for all our readers please follow these guidelines when commenting, which include some, though not all, of the violations that may result in terminating your Comments access.
Readers who comment on our blog are fully responsible for libelous or defamatory comments. Do not post communications to harass, threaten, embarrass, or cause distress or discomfort to another participant, user, or other individual or entity.
Do not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of their comments.
We reserve the right to remove comments made by someone we believe is impersonating someone else, including a Comments official, forum leader, guide, or host.
Do not transmit via Comments any information, data, text, files, links, software, communication, or other materials that we reasonably consider to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable. We reserve the right to remove comments we determine to be offensive, obscene, threatening or abusive and any responses to those comments.
Do not post comments that are racist, homophobic, sexist, or any other form of hate-speech.
We reserve the right to remove or edit posts that we determine contain obscenities and vulgarities.
We reserve the right to edit comments for any reason, including but not limited to language.
We reserve the right to edit or remove comments we deem to be unrelated to the topic discussed in the associated blog post.
Do not post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in Comments, except in those areas that are designated for such a purpose. We reserve the right to remove comments we determine are made for commercial purposes or for soliciting funds.
Note on unsolicited advertising and spam: If you engage in any spamming or similar improper marketing activities, you will be liable to us as follows:
a. The sender of any message deemed to be “spam,”“marketing,” or “mailbombing” to any other member or members will be liable for $100 for each mailbox/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not; and
b. The sender will pay all fees owed to us within 30 days of such transmission.
You agree that determining actual damages from such spamming and related activity to our members and us is difficult to ascertain and that the foregoing spamming charge represents liquidated damages and not a penalty.
We reserve the right to remove comments left to protest a removed comment.
We strongly discourage readers from posting personal information about themselves (e.g., address, telephone number, workplace).
We reserve the right to remove any comments we find to contain personal information about other people or that violates a third party's right to privacy.
We will not necessarily remove a comment just because a reader or writer regrets posting it so please take time to think about your comment before posting it. Comments are searchable and a comment history has a long life on the internet.
We reserve the right to use, publish, reproduce, modify, adapt, publicly display and otherwise use any Comment you provide without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Do not disrupt the normal flow of dialogue in a Comment or otherwise act in a manner that negatively affects other participants.
Do not intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to any regulations having the force of law while using or accessing Comments or in connection with your use of Comments in any manner.
We reserve the right to suspend and/or terminate your commenting privileges if we determine that you have violated our commenting policies.
Either we or you may terminate your Comments access at any time for any reason. Once your access is terminated, you cannot access Comments in any manner or for any reason without our express written consent, and you cannot assist in enabling a terminated user access to make Comments.
Our Comments are designed for use by adults. If you are a minor, you should keep in mind that much of the content of Comments are uncensored. In cases where you have authorized another individual, including a minor, to use your access, you recognize that you are fully responsible for (1) the online conduct of such user, (2) controlling the user’s access to and use Comments, and (3) the consequences of any misuse. You further recognize that the holder of the account is entirely responsible for activities conducted through such account. YOU ACKNOWLEDGE THAT SOME AREAS OF COMMENTS MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COMMENTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT.
If you witness Comments activities that violate this Agreement, please e-mail the offending person’s identification and cut and paste the relevant content into an e-mail to info@caregiversbestfriend.org. We cannot guarantee that any action will be taken as a result of your e-mail. Please refer to this Agreement from time to time for any updates we may make to this Agreement.
Miscellaneous Provisions:
The Owner makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Owner for death or personal injury as a result of the negligence of the Owner or that of its employees or agents.
If any portion of this Agreement should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
The Owner reserves the right to change or remove (temporarily or permanently) the Site or any part of it without notice and you confirm that the Owner shall not be liable to you for any such change or removal.
The Owner also reserves the right to change these Terms and Conditions at any time, without notice and your continued use of the Site following any changes shall be deemed to be your acceptance of such change.
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials are the property of Presbyterian Villages of Michigan and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the contents. Except as provided in this Agreement, Presbyterian Villages of Michigan does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without reference to its conflict-of-law provisions. Presbyterian Villages of Michigan make no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You hereby submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan.
This Agreement constitutes the entire agreement between Presbyterian Villages of Michigan and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Presbyterian Villages of Michigan with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Presbyterian Villages of Michigan does not and will not assume any obligation to notify you of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Presbyterian Villages of Michigan solely through electronic transmission. You agree that when in the future you click on an “I agree,”“I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.