TERMS OF SERVICE

Welcome to Carebees (the "Website"). The Website offers environment for, and facilitates on-line connecting of care recipients and caregivers, and vice versa (the "Service"). The Website is operated by Carebees LLC ("Carebees"). Using the Website renders you the "User", the "Party", or the "Other Party" and constitutes your agreement with our Terms of Service (the "Agreement") and Privacy Policy whether or not you setup your “File”. If you object to anything in this Agreement or the Carebees Privacy Policy, you should not use the Website or the Service. The Agreement and Privacy Policy are subject to change by Carebees at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute your acceptance of such changes.

Acceptance of the Terms of Service

This Agreement is an electronic contract that lays out the legally binding terms of your use of the Website and of the Service. By accessing the Website, you:

Accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Consent to have this Agreement provided to you in this electronic form.
Understand that this Agreement can be modified by Carebees from time to time, with such modifications becoming effective immediately upon being posted on the Website. This Agreement includes Carebees' Privacy Policy, Carebees' Fees & Refunds policies, and any notices regarding the Website and the Service.

Term

This Agreement will remain in full force and effect during and after your immediate use of the Website. All terms of this Agreement that by their nature may survive your complete termination of use of the Website survive such termination.

Service and Termination of Service

You may setup and post information about yourself or the Party you represent (your "File"), and see the Other Parties' Files at no cost. You may terminate your use of the Service, deactivate or delete your File, at any time for any reason, by following the instructions on the appropriate pages in My File / Remove. Deactivated and deleted Files stop being displayed in all search results or lists of saved Files. You can re-activate your File by singing-in. Deleted File is not possible to re-activate. Carebees may also deactivate or delete Files. Carebees may automatically deactivate your File after certain period of your not signing-in. Carebees may terminate your use of the Service because you have breached this Agreement, or for any other reason. All decisions regarding the deactivation or deletion of Files by Carebees are made in the sole discretion of Carebees. Carebees is not required to provide you notice prior to deactivating or deleting your File. Carebees is not required, and may be prohibited, from disclosing a reason for the deactivation or deletion of your File.

Modifications and Discontinuance of Service.

Carebees reserves the right to modify or discontinue the Service in its entirety or in part, temporarily or permanently, at any time without prior notice. You agree that Carebees will not be liable to you or to any third party for any modifications, suspension or discontinuance of the Service in any way.

User Conduct

Your use of the Service, and the Content you post on the Website, must be in accordance with any and all applicable laws and regulations. You are solely responsible for your conduct and interactions with other Users while using the Website. You are solely responsible for the content (descriptive information in your File, messages, pictures, etc.) that you post on the Website, or transmit to other Users. You agree to take reasonable precautions in your communications and other forms of interactions with other Users, particularly if you decide to meet in person. You understand that Carebees is in no event liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from interactions with other Users of the Service or individuals you meet through the Service.

File Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the Setup process, and you are fully responsible for all activities that occur under your username and password. You agree

To immediately notify Carebees of any unauthorized use of your username or password or any other breach of security, and
To ensure that you sign-out from your File at the end of each session. Carebees will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your File from a public or shared computer.

Non-commercial use

The Website is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is permitted by Carebees, and it may be revoked at any time, for any reason, in sole discretion of Carebees.

Content on the Website

Content Posted by You

You are solely responsible for the content (descriptive information in your File, messages, pictures, etc.) that you post on the Website, or transmit to other Users. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. All information you include in your File must be accurate and current. You will not post to the Website, or transmit to other Users, any illegal, inaccurate, misleading or false, abusive, (racially) offensive, obscene, profane, defamatory, threatening, harassing, or sexually oriented material, or any material that infringes or violates another Party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). If content provided by you subsequently becomes any of the aforementioned you agree to and will promptly post or transmit correction to such content.

You may not:

use the Website for any commercial activity other then the one for which the Website is designed.
include your last name or enter any kind of your contact information (email, telephone number, mailing address, etc.) or information that ultimately reveals your contact information (personal web page, etc.) in any text or picture field that does not specifically ask for such information.
post any information that may be interpreted as competitive to this Service.
harass or stalk other Users of the Services.
impersonate any individual or entity
post information to your knowledge false, misleading, vulgar, defamatory or libelous, promoting activities or conduct that is illegal, harassing, abusive, threatening, promoting racism, hatred or physical harm of any kind against any individual or group
post content generally offensive to the online community
post content that would in any way disrupt, harm or limit or destroy functionality of this Website or the servers or networks connected to the Website
engage in any kind of manual or automatic mass data retrieval from the Website for any purposes
modify, adapt, sell, reverse engineer, or similarly use any portion of the Service or the Website or any software used on or for the Service
use any devices or processes designed to bypass the navigational structure or presentation of the Service or its contents
manipulate headers and identifiers in order to disguise the origin of any information transmitted through the Service
use links or any code or other devices in your File to direct any person to any other web site for any purposes
claim or imply that any of your statements are endorsed by Carebees without first obtaining such endorsement in writing.
post any sort of commercial content not allowed by Carebees
post content violating in any way any Party's copyrighted work
post information revealing access to passworded, hidden, or otherwise access restricted pages
post content with any sort of malicious software code, functional or not, or snippets of, or links to, or instructions about writing such code
post content promoting of or providing instructions to illegal activities
have more than one active Files at the same time.

By posting content to any area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Carebees, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that use of your content by Carebees will not infringe or violate the rights of any third party.

You understand and agree that Carebees may review and delete any content, in its entirety or in part, that in the sole judgment of Carebees violates this Agreement.

Carebees retains certain personably non-identifiable information from deleted Files for statistical purposes. See Privacy for details.

No Monitoring of Users' Files

With regard to content on the Website posted by other Users, you specifically understand that

Carebees does not in any way screen or inquire into the backgrounds of the Users.
Carebees does not inquire into, or attempts to verify the truthfulness of the content of the Users' Files and the statements made by the Users in their Files. Carebees does not have any obligation to monitor such content for any purpose.
Carebees does not have any obligation to require any kinds of information from the Users.
Carebees makes no representations or warranties regarding conduct of the Users.
Carebees makes no guarantees, express or implied, regarding goodness of fit of any of its current or future Users, and the Users' ultimate compatibility.

Reliance on Content

Opinions, advice, statements, offers, downloadable documents or other information or content made available through the Website should not necessarily be relied upon. Carebees does not

Guarantee the accuracy, completeness, or usefulness of any information on the Website,
Accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party, including Carebees itself, which appears on the Website. Under no circumstances will Carebees or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.

Proprietary Rights

Carebees owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Carebees, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Carebees invites Users of the Website to make suggestions for improvements of the Website and/or the Service. Upon submission, Carebees becomes exclusive copyright holder of the suggestion, ideas, or improvements it decides to implement. Carebees does not compensate Users for any suggestions put to use or not.

Disclaimers, Warranties, Liabilities, etc.

General Disclaimers

Carebees cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Carebees is not responsible for any content of any User's File, even though it may be illegal, harassing, threatening, libelous, defamatory, harmful or infringing intellectual property or other rights of another. Under no circumstances will Carebees be responsible for any injury, loss or damage, including personal injury or death to Users related to or resulting from anyone's use of the Website or the Service. Carebees is not responsible for unauthorized access to or any errors and disruption of any party's communications, computers, servers, or networks. Any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute any professional medical, legal, financial, or other advice. If you need professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Disclaimer of Warranty

The Website and the Service are provided "as-is" with no warranties whatsoever. You expressly agree that use of this service is entirely at your sole risk. All express, implied, and statutory warranties including, without limitation, the warranties of fitness for a particular purpose, non-infringement, integration, accuracy, workmanlike effort, title and merchantability are expressly disclaimed. Carebees also disclaims any warranties for the security, reliability, timeliness, and performance of the Website.

Limitation of Liability

Carebees is in no event liable to you or any third person for any harms, or any direct, indirect, incidental, special, consequential, exemplary, punitive or any other damages, including but not limited to lost profits, goodwill, or other intangible damages - even if Carebees has been advised of the possibility of such damages - resulting from

Use or inability to use the Service or the Website
The cost of acquiring substitute goods or a service for the Service
The download or upload of any material to or from the Website
Conduct or statements of the Users of the Website
Any other circumstance or action in connection with use of the Service or the Website

Indemnification

You agree to indemnify, protect and hold harmless Carebees and its owners, officers, employees, agents, advisers and consultants, from and against all claims, actions, demands, liability, and damages (including, but not limited to, legal and professional fees) from any and all third parties, due to or arising from your use of the Service, your conduct, content of your File, communications, alleged infringement of third party intellectual property or privacy rights, violation of this Agreement.

Links to Other Websites

The Website may provide links to other websites or resources. Because Carebees has no control over external websites and resources, Carebees is not responsible for the availability of these websites or resources, and does not endorse and is not responsible or liable for any content or products available on these sites or resources. You acknowledge and agree that Carebees is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any content, goods or services available from or through any such website or resource.

Parties to this Agreement

There are no third party beneficiaries to this Agreement. The parties are independent to one another and are not related in any way. Carebees is not responsible for any employment decision made by the Users of the Service. Carebees is not a party to any transaction between the Users and any third party advertisers or suppliers.

Governing Law

Should there be any dispute arising out of the use of this Website and/or the Service, you expressly agree that any such dispute be interpreted and governed by the laws of the State of Wisconsin, United States of America with no regard to its conflict of law provisions. Furthermore, you also expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Wisconsin in Dane County, for the resolution of any such dispute.

Entirety and Survival of the Agreement

This Agreement along with our Privacy Policy sets forth the entire agreement between you and Carebees regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, you agree that the remainder of this Agreement shall continue in full force and effect.