Terms of Use

Welcome to the website www.carecommons.com or the associated mobile application (together the “Site”). The Site is operated by Care Commons, Inc. (“we”, “us” or “Care Commons”). By accessing or using the Site you (you are referred to hereafter as “you” or “your”) signify that you have read, understand and agree to be bound by these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and we will indicate at the top of this page the date upon which the most recent version of these terms became effective. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use or the Privacy Policy, do not use or access (or continue to use or access) the Site or any platform available to registered users made available at the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please read these Terms of Use carefully, as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

Payment

Registration and / or payment may be required to use the Site.

You agree to pay to Care Commons a monthly recurring fee for the Term (as defined in the section that appears immediately below) by submitting payment through Care Commons’ third-party payment processing agent as part of the Site registration process. You will be notified if your credit card payment fails to authorize for any reason reasons including, but not limited to, non-sufficient funds, expired credit cards, cancelled credit cards, overdrafts and closed accounts. You understand that your access to the Services will be suspended or terminated if your account becomes more than ten (10) calendar days late.

Registration / User Name / Password Protection

You will be required to register to use the Site. You also will be required to choose a username and password for your account. You agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Site. You authorize Care Commons to assume that any person using the Site with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of your account.

Term and Termination

Either you or we may terminate this agreement.

1. The Term of this Terms of Use commences when you click “AGREE” and thereby acknowledge your acceptance of these Terms of Use, and these Terms of Use and your access to the Site shall be in force for consecutive one-month terms until terminated by you or Care Commons as set forth in subsection (b) below.
2. You may terminate these Terms of Use with written notification thirty (30) days in advance of the next billing date. Termination notice less than thirty (30) days in advance of the next billing date will entail an additional, final monthly fee charge.
3. Care Commons may terminate these Terms of Use with thirty (30) days’ written notice to you. Care Commons also may terminate these Terms of Use and your access to the Site at any time without notice to you if you breach any of the terms or conditions of these Terms of Use in Care Commons’ sole discretion. Moreover, these Terms of Use will terminate immediately and automatically if your payment is more than ten (10) calendar days late.
4. Upon termination:
   1. all rights granted to you under this Agreement will also terminate; and
   2. you must cease all use of the Site and delete all copies of the Site from your mobile device and account.
5. Termination will not limit any of Care Commons’ rights or remedies at law or in equity.

Proprietary Rights in Site

If you submit content to our Site, we may re-use it on our Site. You may not improperly re-use any content you find here

All content on the Site, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) is the property of Care Commons, its licensors, or other third parties. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Care Commons prior written permission. You are granted a limited license to access and use the Site and the Site Content in accordance with these Terms of Use, including any password-restricted areas to which you have properly gained access, solely for your internal use. You may not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation. Any use of the Site Content outside this limited license is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.

The Site may include an interface through which users can post messages and respond to the messages and content of others. Care Commons does not assert any ownership over the information and content posted or uploaded by its members onto the Site (“User Content”). Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content via the Site, you represent that you own the User Content or otherwise have the right or permission to do so, and you grant to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Wireless Features

Your use of wireless Internet may be billed to you by your provider.

The Site or any mobile application associated with the Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site’s (or an application associated with the Site’s) features, and the ability to upload content to the Site or associated applications, receive messages from the Site or any associated app, and download applications to your wireless Internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site or via an associated app for Wireless Features, then you agree to notify Care Commons of any changes to your wireless contact information (including phone number) and update your accounts for the Site to reflect the changes.

Prohibited Conduct

We prohibit any use of our Site that we deem to be harmful.

1. You agree not to access (or attempt to access) the Site by any means other than through the mobile app interface or website platform that is provided by Care Commons. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Care Commons has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Care Commons may suffer) of any such breach.
2. You agree that you shall not transmit to Care Commons or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site or Site contents for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
3. Without limiting the foregoing and by way of example only, you may not:
   1. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
      1. sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
      2. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
      3. data mining any Care Commons property;
      4. sending messages to users who have asked not to be contacted;
      5. selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
      6. using Care Commons contacts or connections in violation of Care Commons policy, as determined by Care Commons, including, for example, as indicated by low response rates from those persons contacted.
   2. Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same.
   3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
   4. Conduct or forward pyramid schemes or similar programs.
   5. Transmit content that may be harmful to minors.
   6. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
   7. Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission.
   8. Violate the legal rights (such as rights of privacy and publicity) of others.
   9. Promote or encourage illegal activity.
   10. Interfere with other Care Commons users’ enjoyment of the Site.
   11. Create user accounts by automated means or under false or fraudulent pretenses.
   12. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Care Commons account.
   13. Modify, adapt, translate, or reverse engineer any portion of the Site.
   14. Reformat or frame any portion of the web pages that are part of the Site without Care Commons explicit written permission.
   15. Contact other Care Commons users about multi-level marketing (MLM) programs or any topics Care Commons considers detrimental to its users.
   16. Create multiple Care Commons accounts without permission.
   17. Bypass any limitations or suspensions of functionality.
   18. Provide false information.

Care Commons may disable your access to the Site at any time, for any or no reason, and without notice to you, subject to the terms of any user agreement.

Privacy

You agree that you have read, understood and accept the terms of Care Commons’ Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site, including any portions of the site that require user name/password credentials for access.

Your Linking to Site

Please link to us properly.

You are granted a limited, non-exclusive right to create and use a hyperlink to certain Site content, provided such link does not portray Care Commons or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and does not create the appearance of affiliation with or sponsorship by Care Commons. You may not use any logo or other proprietary graphic or trademark of Care Commons to link to any page of this Site without the express written permission of Care Commons. This limited right may be revoked at any time.

Links to Other Websites

We have no control over other web sites.

The Site may contain links to other websites that are not under the control of Care Commons. The inclusion of any link does not imply endorsement by Care Commons of such site and Care Commons is not responsible for the content of such linked sites. If you decide to leave the Site and access a third-party website, you do so at your own risk.

Disclaimer of Warranties

Your use of our Site does not involve any "warranties" or "guarantees".

The Site, Site Content, User Content and the other content and services made available on the Site are provided on an “as is” and “as available” basis. Care Commons does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site Content, User Content or any advice or services provided through the Site to the extent permitted by law. Care Commons does not warrant that access to the Site, Site Content or User Content will be uninterrupted or error-free, that defects in the site will be corrected, or that the Site is free from viruses or other harmful components.

The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by Care Commons, and you use such information at your own risk.

The information or views shared at the Site do not constitute medical advice. You expressly agree that use of the Site, including all content, data or software distributed by, downloaded or accessed from or through the Site, is at your sole risk.

Limitation of Liability

Under no circumstances shall Care Commons, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to such damages for lost data, due to your use of this Site or due to your reliance on any of the content contained or the services provided on or through the Site.

Indemnification

You agree to indemnify and hold harmless Care Commons, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, harm, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of, resulting from, or alleged to arise out of or result from: (1) your use of this Site; (2) your violation of these Terms of Use or the User Agreement, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use; or (3) your use of any information obtained from the Site.

Comments and Suggestions

We might use your comments or suggestions for our benefit.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to Care Commons are non-confidential and that Care Commons shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Governing Law and Venue

Massachusetts and U.S. law prevail for this agreement.

These Terms of Use shall be governed by the laws of the [Commonwealth of Massachusetts] and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with use of the Site, shall be litigated exclusively in the state and federal courts residing in [Commonwealth of Massachusetts] and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in [Commonwealth of Massachusetts].

Miscellaneous Terms

Further detail on rights and obligations.

CARE COMMONS and the Care Commons Logo are trademarks of Care Commons. You agree not to display or use these trademarks in any manner without Care Commons prior, written permission.

Care Commons may assign this agreement at any time. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

These Terms of Use, our Privacy Policy, and any additional user agreement relating to your use of the Site constitute the sole and entire agreement between you and Care Commons regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

No waiver by Care Commons of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Care Commons to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Effective Date

These Terms of Use were last revised on June 20, 2023.

Contact Us

If you have any questions or suggestions regarding these Terms of Use, please contact Care Commons at:

Care Commons, Inc.
275 Grove St., Suite 2-400
Auburndale, MA 02466

By e-mail: support@carecommons.com