Ready Set Care

ReadySetCare Terms of UseLast Updated: August 2, 2021IntroductionThese Terms of Use (“Terms”) shall govern your use of the www.readysetcare.com website (“Site”), our mobile applications, and other products and services provided by Family Carer LLC d/b/a ReadySetCare (“ReadySetCare”, “us”, “we”, or “our”) (collectively referred to as the “Services”).Our Services are not directed to persons under eighteen (18) years old. If you are under eighteen (18) years old, please do not use our Services.By using our Services you: (a) agree to be bound these Terms and our Privacy Policy; (b) represent and warrant that you have the right, authority, and capacity to enter and abide by these Terms; (c) represent you are at least eighteen (18) years old; and (d) understand and agree that your access to the Services does not confer any real or property rights to the Services, but only a license to access and use the Services subject to these Terms, which such license may be revoked at any time by ReadySetCare in its sole discretion.IMPORANT DISCLAIMERSYour use of any aspect of the Service is at your own risk. While the Service provides a resource for information, you are advised to consult with healthcare providers and other professionals when making your medical and legal decisions.If you use and/or access the Service on or from a mobile device, you shall be solely responsible for the security of that device and ReadySetCare shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.READYSETCARE IS NOT PROVIDING ANY MEDICAL OR LEGAL ADVICE OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICE. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE. AS SUCH, WE WILL NOT HAVE ANY LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH CONTENT. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED THROUGH THE SERVICE ARE TAKEN AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLYCHECKING THE ACCURACY AND TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION THAT INCLUDES A CLASS ACTION WAIVER, AS WELL AS IMPORTANT DISCLAIMERS, WARRANTIES, AND LIMITATIONS ON LIABILITY. ACCORDINGLY, PLEASE READ CAREFULLY SECTION 16 BELOW TITLED “DISPUTE RESOLUTION.”If you do not agree to these Terms and the ReadySetCare Privacy Policy, do not access or use our Services.1. THE SERVICESThe Services are intended to provide information for caregivers in support of others. The Services include, among other things, tools, strategies, public forums, and information to aid persons who are responsible for the well-being of others. From time to time, our Services may reference articles and opinions published by others. These references may be selective, may reference only a portion of an article or opinion, and may not be current. The Services are not intended to provide tax, legal, medical, insurance, elder law or other advice.2. Your Access and Use of Our ServicesYour right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Pursuant to these Terms and other relevant ReadySetCare policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license (subject to the limitations below) to access and use our Services for your own personal use only. Using any of the Services or information provided for commercial uses (including for profit or reselling) is strictly prohibited. ReadySetCare reserves the right to revoke permission to access and use our Services at any time.3. Prohibited BehaviorAccess and use of the Services is subject to all applicable international, federal, state, and local laws and regulations. You agree not to use the Services in any way that violates such laws or regulations.You may not republish, upload, post, transmit or distribute content from the Services (“Content”) to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Use of our Community Forum is subject to our Forum Guidelines. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.Specifically, you agree not to:• Use the Services for any unlawful or unauthorized purpose;• Create an account with false information;• Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;• Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any Content accessible through the Services, features that enforce limitations on the use of the Services, or delete the copyright or other proprietary rights notices on the Services;• Secretly use the Services to track or collect any information regarding another person;• Modify, move, add to, delete, or otherwise tamper with the information contained in the Services;• Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Services;• “Frame” or “mirror” any part of the Site without our prior written authorization;• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;• Harvest or collect information about visitors to the Site without their express consent;• Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of another; and• Cause or facilitate or aid any third party to engage in the restricted activities above or otherwise outlined herein.4. Account CreationCertain portions of the Services will require you to provide personal information about yourself and those for whom you provide care. If you register with the Site or Services, you agree to (a) provide accurate, current and complete information about you and others for whom you provide care, as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) agree to receive emails from ReadySetCare from which you may opt out (unsubscribe) at any time.All information provided as Registration Data will be subject to the terms of the ReadySetCare Privacy Policy. As such, you agree that all information you provide to the Site will be subject to the Privacy Policy and you consent to any actions we take with respect to the Registration Data consistent with our Privacy Policy. Any information provided using our Community Forum is subject to our Forum Guidelines.5. Account SecurityYou also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your password or other security information.You agree to notify us immediately of any unauthorized access to or use of your password or account or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.6. Changes to our ServicesWe reserve the right to modify, discontinue or deny any of the Services to any person at any time, in our sole discretion, without prior notice. Modifications may include, but are not limited to, charging for access, changes in the pricing structure, the addition of fees, or other changes in the manner of providing or operating of the Services we provide. We shall not be liable to you or any third-party should we modify, discontinue or deny all or part of the Services and any new feature, addition, or enhancement to the Services shall also be subject to these Terms.7. Changes to our TermsWe reserve the right to update these Terms from time to time without prior notice. We will notify you when we make changes to these Terms by posting the revised Terms and by revising the “Last Updated” date at the top of this page.All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Site so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.8. Consent to CommunicationsWhen you sign up for an account or contact us, you agree we can contact you, including by email, texts, phone call, or push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.If you wish to opt out of emails or text messages, please unsubscribe by following the unsubscribe instructions included in the communication. If you wish to opt out of push notifications, please check your device settings. Opting out of communications may impact the functionality of our Services.9. ReadySetCare Intellectual Property RightsAs between ReadySetCare and users of the Services, all intellectual property rights in the Services is owned by ReadySetCare absolutely and in their entirety. These rights include and are not limited to content on the Site, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All intellectual property of ReadySetCare, or its licensors, is protected by copyright, trademark, and other intellectual property laws. All other trademarks, logos, service marks, company or product names set forth in the Services are the property of their respective owners.You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Feedback”) provided by you to us are non-confidential and shall become the sole property of ReadySetCare, and ReadySetCare shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through the Services for commercial or public purposes. You may not use our trademarks for any purpose including, but not limited to use as hot links or meta tags in other pages or Services on the World Wide Web without the written permission of ReadySetCare. Nothing contained on these Services shall be construed as conferring on you or any third party any license or right, by implication, estoppel, or otherwise, under any law, rule, or regulation.10. Digital Millennium Copyright Act (“DMCA”)ReadySetCare respects the intellectual property of others and we ask our users to do the same. ReadySetCare may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe in good faith that any materials on the Services infringe upon your copyright, please send the following information to ReadySetCare’s Copyright Agent:• a description of the copyrighted work that you claim has been infringed, including specific location on the Services where the material you claim is infringed is located;• a description of the location where the original or an authorized copy of the copyrighted work exists;• your address, telephone number, and e-mail address;• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;• a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and• an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.DMCA notices must meet current statutory requirements imposed by the DMCA. Please send DMCA notices to ReadySetCare’s Copyright Agent at the following address or by email (subject line “DMCA Communication”):DMCA AgentFamily Care LLC712 Fifth Ave, 7th FloorNew York NY 10019admin@readysetcare.com11. Third Party InformationSome of the information on the Services is supplied by independent third parties. While ReadySetCare makes reasonable efforts to ensure the accuracy of information on the Services, ReadySetCare makes no warranty as to the accuracy or timeliness of any such information from third parties.12. Links to Third Party ServicesOur Services may contain links to other websites. These third-party websites are not run by us and have their own site terms of use and privacy policies. We suggest that you carefully review the terms of use of each site you choose to access from our Services. We have no control over the content of third-party sites and accept no responsibility for them and hereby disclaim all liability related to them. If you decide to access any third-party sites, you do so entirely at your own risk and will be subject to their terms and conditions.13. NO WARRANTIES; DISCLAIMERSTHE SERVICES, THE INTERACTIVE AREAS, AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY. READYSETCARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS (COLLECTIVELY “READYSETCARE PARTIES”) EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, READYSETCARE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: 1) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, THE INTERACTIVE AREAS AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; 2) THIRD PARTY COMMUNICATIONS; 3) ANY THIRD PARTY WEB SERVICES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; 4) THE UNAVAILABILITY OF THESE SERVICES, THE INTERACTIVE AREAS, THE CONTENT OR ANY PORTION THEREOF; 5) YOUR USE OF THESE SERVICES, THE INTERACTIVE AREAS OR THE CONTENT; 6) THE TIMELESSNESS, DELETION, MISS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATION OR PERSONALIZATION SETTING; OR 6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THESE SERVICES, THE INTERACTIVE AREAS OR THE CONTENT.READYSETCARE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS, AND ANY DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICES.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF READYSETCARE, ITS USERS, OR VISITORS, WHETHER MADE ON OUR SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.14. LIMITATION OF LIABILITYTHE READYSETCARE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO READYSETCARE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES.15. INDEMNITYYou agree to defend, indemnify, and hold the ReadySetCare Parties, including our affiliates, subsidiaries, successors, and assigns, and each of their respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of and participation in the Services, including: (1) your breach of these Terms or the other documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any allegation that any materials that you submit to us or transmit through the Services or to us infringe or otherwise violate the copyright, trademark, trade secret, right of publicity or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.16. DISPUTE RESOLUTIONa. Disputes. Any disputes, controversies, demands, counts, claims, or causes of action between you and ReadySetCare (including, but not limited to, disputes related in any way to the interpretation and scope of this clause, Terms of Use, and Privacy Policy, your use of the Site and Services, and the arbitrability of the dispute) shall exclusively be settled through binding and confidential arbitration. THERE IS NO JUDGE OR JURY IN ARBITRATION, PROCEDURES FOR ARBITRATION ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND REVIEW BY A COURT IS LIMITED.b. Arbitration Venue. Arbitration shall be subject to the Federal Arbitration Act and shall be conducted by the American Arbitration Association (AAA) before one commercial arbitrator. The conduct of the arbitration shall be subject to AAA’s then-current rules and procedures for commercial arbitration and, if the arbitrator deems it appropriate, the then-current supplementary rules and procedures for consumer-related disputes (collectively, Rules and Procedures). YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case ReadySetCare will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. ReadySetCare also reserves the right, in its sole and exclusive discretion, to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision or remedy under the governing law that requires the prevailing party to be paid attorneys’ fees and expenses.Information on AAA, its Rules and Procedures, and how to start arbitration can be found at http://www.adr.org or by calling 800-778-7879.c. Exception for Intellectual Property Disputes. Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or ReadySetCare’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections below, and that both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or ReadySetCare may bring the dispute to small claims court if the dispute qualifies for small claims court.d. Waiver of Class Arbitration. To the fullest extent permissible under applicable law, all disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other disputes shall be consolidated or joined with your dispute, whether through class arbitration proceedings or otherwise. You further acknowledge and agree that any arbitrator assigned to a dispute shall not and lacks the authority to conduct class arbitration or award class-wide relief and that such arbitrator shall only hear your individual dispute. You acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative of any class of claimants pertaining to any dispute subject to arbitration, such that you shall not be entitled to arbitrate any dispute as a representative plaintiff or claimant, class representative, class member, or private attorney general.\e. Enforcement of Arbitration Award. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.17. Account TerminationYou understand and agree that ReadySetCare may, under certain circumstances and without prior notice to you, terminate your access to and use of the Services. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of copyrights or other intellectual property.18. PrivacyReadySetCare’s Privacy Policy explains how we treat your personal data and how we protect your privacy when you use our Services. By using our Services, you agree that ReadySetCare can use the data you provide in accordance with our Privacy Policy.19. SecurityThe security of information transmitted through the Internet can never be guaranteed. ReadySetCare is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Services. We expressly disclaim liability arising from the unauthorized use of your account. To protect you and your data, we may suspend your use of the Services, without notice, pending an investigation, if any breach of security is suspected.Should you suspect that any unauthorized party may be using your account, or you suspect any other breach of security, you agree to notify us immediately.20. Miscellaneousa. Entire Agreement. These Terms and any other policies posted on the Services constitute the entire agreement and supersede all other agreements between ReadySetCare and you relating to this subject matter.b. No Assignment. We may give our rights or our obligations under these Terms or Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or obligations under these Terms or our Privacy Policy without first getting our written consent. Any attempt to assign your rights or obligations without our written consent is void.c. Governing Law and Jurisdiction. These Terms and all disputes between the parties shall be governed in all respects by the laws of the State of New York, consistent with the Federal Arbitration Act, without regard to any conflict-of-law provisions. Further, in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under New York law.d. Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, the rest of the Terms will remain in effect. If any arbitrator deems the Waiver of Class Arbitration subsection to be invalid or unenforceable, then the entire Agreement to Arbitrate Disputes subsection shall be null and void. Under such circumstances, you expressly acknowledge and agree that the Governing Law and Jurisdiction subsections apply to any disputes between you and ReadySetCare and that both parties consent to exclusive jurisdiction and venue in such courts.e. Survival. All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, intellectual property ownership provisions, disclaimer of warranties, indemnity, and limitations of liability.f. No Waiver. ReadySetCare will not be treated as having waived any rights by not exercising, (or delaying exercise of) any rights under these Terms.g. Notices. You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms refer to electronically, including without limitation by electronic mail, or by posting Notices on the Site. You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing. All official notices given by you or required from you under these Terms must be in writing and sent to the address below. Notices provided without compliance with this subsection will have no legal effect.Contact UsIf you have any questions, please contact us at:Family Carer, LLC.c/o ReadySetCare712 Fifth Ave, 7th FloorNew York NY 10019admin@readysetcare.com