Last updated September 2013
You acknowledge and agree that by clicking “I agree” and by accessing or using services, or by downloading, uploading or posting any content from or on the site or through the CGS services, you are indicating that you have read, and that you understand and agree to be bound by, these terms, whether or not you have registered via the site. If you do not agree to these terms, then you have no right to access or use the site, CGS services or collective content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right to change the Terms from time to time and without prior notice to you, except, by updating the “Last Updated Date” at the top of these Terms. Your continued use of this Site following any such change will constitute your acceptance of and agreement to the current Terms posted at the Site. If you do not agree to the modified terms, you should cease use of the Site.
We may modify, replace, refuse access to, suspend or discontinue the CGS services, partially or entirely, in our sole discretion.
Key Content-related Terms
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“CGS Content” means Content that CGS makes available through CGS Services including any Content licensed from a third party, but excluding Member Content.
“Member” means a person who completes CGS’s account registration process, as described under the “Account Registration” section below.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the CGS Services.
“Collective Content” means, collectively, CGS Content and Member Content.
We understand that content related to the care of children, parents, loved ones, other third parties and is sensitive and private in nature. IF YOU CHOOSE TO SHARE ACCESS TO MEMBER CONTENT AND YOUR PROFILE OR ANY INFORMATION ABOUT A THIRD-PARTY WITH ANY THIRD PARTY VIA THE CGS SERVICES, PLEASE NOTE THAT SUCH THIRD PARTY WILL BE ABLE TO ACCESS, VIEW, SHARE, DISTRIBUTE AND DOWNLOAD THE CONTENT CONTAINED IN SUCH CONTENT, WITHOUT RESTRICTION, AND WILL ALSO BE ABLE TO UPLOAD CONTENT TO THEIR OWN PROFILE THAT CAN BE ACCESSED, VIEWED, SHARED, DISTRIBUTED AND DOWNLOADED BY OTHER MEMBERS. ACCORDINGLY, WE RECOMMEND THAT YOU PROTECT YOUR PRIVATE AND SENSITIVE INFORMATION AND CONSIDER CAREFULLY WHICH THIRD PARTIES YOU PERMIT TO ACCESS YOUR PERSONAL AND PRIVATE CONTENT.
THINK BEFORE YOU POST! Even if you mark Member Content private, despite reasonable security and safety measures, such Content may ultimately be visible to third parties. Please be mindful of any HIPPA obligations you might have before posting any information about any third party.
Please note that you, and not CGS, are responsible for maintaining and protecting your Member Content. CGS will not be liable to you for any loss or corruption of your Member Content, including, but not limited to, any Content contained in personal profiles, or for any costs or expenses associated with backing up or restoring any of your Member Content. All Members are responsible for monitoring their Member Content, whether such Member Content is uploaded by the Member or by third parties.
Certain areas of the Site may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and Terms and Conditions posted for a specific area of the Site, CGS Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, CGS Services or Collective Content, as applicable.
The Site and CGS Services are intended solely for persons who are 13 or older. Any access to or use of the CGS Services by anyone under 13 is expressly prohibited. By accessing or using the CGS Services you represent and warrant that you are 13 or older.
Using the CGS Services
CGS makes the CGS Services available to Members without charge.
In order to access certain features of the CGS Services, including to (i) create and manage a Member Account and (ii) post any Member Content through the CGS Services, you must register to create an account (“Account”) and become a Member. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CGS reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You will be asked to create a password when you create your Account. CGS does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify CGS of any unauthorized use of your Account.
The Site, CGS Services and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, CGS Services and Collective Content, including all associated intellectual property rights, are the exclusive property CGS and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, CGS Services or Collective Content.
Licenses Granted by CGS to CGS Content and Member Content
Subject to your compliance with these Terms, CGS grants you a limited, non-exclusive, non-transferable license to view, download and print any CGS Content solely for your personal and non-commercial purposes. Subject to your compliance with these Terms, CGS grants you a limited, non-exclusive, non-transferable license to access, use, view, copy, download, distribute, publicly display, transmit, stream, and broadcast Member Content on, through or by means of the CGS Services. You have no right to sublicense the rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, CGS Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CGS or its licensors, except for the licenses and rights expressly granted in these Terms. All other rights are reserved by CGS and its licensors.
License granted by Member
By posting or contributing any Member Content on or through the CGS Services, you hereby grant to CGS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, sub-licensable license, to access, use, view, copy, reformat, download, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the CGS Services and for the limited purpose of making such Member Content available to you and the third parties with whom you choose to share access to your Member Profile via the CGS Services. CGS does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the CGS Services (“Feedback”). You may submit Feedback by emailing us at email@example.com or via the Help and Feedback link on the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the CGS Services, CGS name, any CGS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CGS’s express written consent;
- Access, tamper with, or use non-public areas of the Site, CGS’s computer systems, or the technical delivery systems of CGS’s providers;
- Attempt to probe, scan, or test the vulnerability of any CGS system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CGS or any of CGS’s providers or any other third party (including another user) to protect the Site, CGS Services or Collective Content;
- Attempt to access or search the Site, CGS Services or Collective Content or download Collective Content from the CGS Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CGS or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a CGS trademark, logo URL or product name without CGS’s express written consent;
- Use the Site, CGS Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, CGS Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, CGS Services or Collective Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, or CGS Services;
- Collect or store any personally identifiable information from the CGS Services from other users of the CGS Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
CGS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CGS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CGS has no obligation to monitor your access to or use of the Site, CGS Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and CGS Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CGS reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CGS, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the CGS Services.
CGS respects copyright law and expects its users to do the same. It is CGS’s policy to terminate in appropriate circumstances Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see CGS’s Copyright Policy for further information.
Termination and Account Cancellation
CGS reserves the right to revoke your access to and use of the Site, CGS Services and Collective Content at any time, with or without cause. You may cancel your Account at any time by sending an email to firstname.lastname@example.org.
THE SITE, CGS SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, CGS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CGS MAKES NO WARRANTY THAT THE SITE, CGS SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CGS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT AVAILABLE FROM OR OBTAINED THROUGH THE CGS SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE CGS SERVICES.
CGS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (WHETHER VIA CHAT, PRIVATE MESSAGE, OR POSTING OF COMMENTS, OR TRANSMISSION OF ANY OTHER MEMBER CONTENT) SENT THROUGH CGS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR — USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR — USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
CGS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF MEMBERS, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE — USE OF ITS SERVICES MEMBERS; THEREFORE, CGS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MIS– USE OF YOUR IDENTITY OR INFORMATION.
NO INFORMATION PRESENTED ON THE SITE OR VIA THE CGS SERVICES SHOULD BE CONSTRUED AS MEDICAL CONSULTATION, DIAGNOSES OR INSTRUCTION. CGS SERVICES ARE NOT INTENDED TO PROVIDE SPECIFIC MEDICAL ADVICE FOR ANY INDIVIDUAL NOR DOES IT PROVIDE SPECIFIC MEDICAL INFORMATION AND SHOULD NOT BE — USED TO SUBSTITUTE FOR OR REPLACE THE ADVICE OF A HEALTHCARE PROFESSIONAL. ANY CONTENT POSTED VIA CGS SERVICES SHOULD BE DESIGNED TO SUPPORT, NOT REPLACE, THE RELATIONSHIP THAT EXISTS BETWEEN A MEMBER AND HIS OR HER EXISTING PHYSICIAN OR HEALTHCARE PROFESSIONAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CGS OR THROUGH THE SITE, CGS SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold CGS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, CGS Services or Collective Content, or your violation of these Terms.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, CGS services and collective content remains with you. Neither CGS nor any other person or entity involved in creating, producing, or delivering the site, CGS services or collective content will be liable for any direct, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the site, CGS services or collective content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CGS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will CGS’s aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site, CGS services or collective content exceed the amounts you have paid to CGS for use of the site, CGS services or collective content, if you have made any payments to CGS for use of the site, CGS services or collective content, or one hundred dollars ($100), if you have not made any payments to CGS for use of the site, CGS services and collective content, as applicable. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CGS and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of CGS used herein are trademarks or registered trademarks of CGS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between CGS and you regarding the Site, CGS Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CGS and you regarding the Site, CGS Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without CGS’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CGS may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CGS (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and CGS agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the CGS Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and CGS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CGS otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
The failure of CGS to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CGS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting The Caregiver Space, Inc.
If you have any questions about these Terms, please contact CGS at:
The Caregiver Space, Inc.
31 West 21st Street, 4th Floor
New York, NY 10010
Effective as of December 12, 2012
PLEASE NOTE: THIS POLICY DOES NOT COVER PERSONAL INFORMATION POSTED AND MADE PUBLIC ON THE SITE IN A JOURNAL, CHAT BOARD OR DISCUSSION THREAD.
IF YOU CHOOSE TO SHARE ACCESS TO MEMBER CONTENT AND YOUR PROFILE OR ANY INFORMATION ABOUT A THIRD-PARTY WITH ANOTHER PERSON VIA THE SITE, PLEASE NOTE THAT SUCH OTHER PERSON WILL BE ABLE TO ACCESS, VIEW, SHARE, DISTRIBUTE AND DOWNLOAD THE INFORMATION CONTAINED IN SUCH CONTENT, WITHOUT RESTRICTION, AND WILL ALSO BE ABLE TO UPLOAD CONTENT TO THEIR OWN PROFILE THAT CAN BE ACCESSED, VIEWED, SHARED, DISTRIBUTED AND DOWNLOADED BY OTHER MEMBERS. ACCORDINGLY, WE RECOMMEND THAT YOU PROTECT YOUR PRIVATE AND SENSITIVE INFORMATION AND CONSIDER CAREFULLY WHICH THIRD PARTIES YOU PERMIT TO ACCESS YOUR PERSONAL AND PRIVATE CONTENT. WE FURTHER RECOMMEND THAT YOU DO NOT SHARE NAMES OR INFORMATION ABOUT MEDICAL CONDITIONS THAT CAN BE TIED TO PERSONALLY IDENTIFIABLE INFORMATION.
1. Personal Information
What Do We Collect and When?
Upon registration, we will collect the following personal information: Your name and email address.
How Do We Use This Information?
Personal information we gather is for internal use only and we will not share or sell this information to anyone outside CGS (except to third party service providers to CGS who perform functions on our behalf necessary to maintenance of the Site; in such event, personal information will only be shared to the extent reasonably necessary for those providers to perform their functions and they will not be authorized to use it for any other function), unless you have consented, in advance, to such disclosure.
We may use your information to communicate with you about the Site and your account and Membership, to personalize your visit to our Website, and to enable us to review, develop and continually improve the products, services and offers we provide online.
We may also use your email address to send you emails regarding the products and services of third-party partners, sponsors and advertisers. You will have the option to opt out of receiving such emails.
Apart from the circumstances referenced above, we may disclose your personal information when we are legally required to do so; to protect the interests or safety of the Site or Site users; to enforce our legal rights; to assist with industry efforts to control fraud, spam or other undesirable conduct; or with prior notice to you, to another company if we are bought or discontinue operations.
Children’s Online Privacy Protection
Our services are not designed for or directed to children under the age of 15, and we will not intentionally collect or maintain information about anyone under the age of 15.
Opting Out/Reviewing or Correcting Information
You may choose to opt-out from receiving marketing mailings. We will also not use your contact information to correspond with you about our services if you ask us not to.
Please send your opt out requests to email@example.com. Please note that it may take up to ten days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.
If you wish to review the personal information we have about you, or if you believe that any personal information we have about you is incorrect, or is, has been, or might be used inappropriately, please contact us at firstname.lastname@example.org.
2. Non-Personal Information
We use automated technical means to collect information about all website visitors.
When you visit the Site, we may place a “cookie,” a small computer file containing information about the user, on your computer to help us recognize and serve you better when you return. For instance, by setting a cookie on our Site, you would not have to log in a password more than once, thereby saving time while on our Site. A cookie is in no way linked to personally identifiable information. Once you close your browser, the cookie simply terminates. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them and personal information cannot be gathered from them. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser’s “security settings” section. We may also use “Flash” cookies. These cookies can be managed with a tool found on Adobe’s web site. If you reject cookies, you may still use our Site. The only drawback to this is that you may be limited in some areas of our Site. Cookies also enable us to track and target the interests of our Member to enhance the experience on our Site.
When you visit the Site, our server logs your IP address (unique network addresses), the time and duration of your visit, and the time and duration of the pages on our website you view. If you arrive at our website by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks your visit from that link. If you arrive at the Site by clicking a non-paid source, such as link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks your visit from that source, to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.
A web beacon, also known as a web bug, is a small graphic (usually 1 pixel x 1 pixel), that is embedded in a web advertisement, email, or page on our web site, but is invisible to you. When you view a page on our web site or an email from us, your web browser will request the web beacon from a web server, which in turn will set a cookie in your web browser containing a unique identifier. This unique identifier will be linked to log information that is used to track your movements on our web site in order to determine the effectiveness of content.
We use non-personally identifiable information, such as IP address, to assess trends in the use of our Site, facilitate market research and statistical studies, develop content and functionality that helps us serve our Member’s needs, and improve the services we provide.
We may aggregate data or otherwise provide some non-personal information to others who help us understand how you use the Site. Such data will not be connected to any personally identifiable information.
3. Links to Other Websites
We use industry best practices approaches concerning security measures to prevent the loss, misuse and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us on a computer system located in a controlled facility with limited access. Visitor textual information is encrypted during transmission, and our company databases are accessible only by CGS employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreement with CGS.
To protect your privacy and security, you must keep your password confidential. However, even with such measures, no one is able to guarantee that unauthorized third parties will not be able to bypass these measures or otherwise capture information you provide over the Internet. By using the Site, you agree that CGS is not responsible if the storage equipment and services provided by others aren’t working like they are supposed to, and that you will have to seek any remedies from those providers, not CGS. As a reminder, CGS is also not responsible for anything you post on or share from this site.
5. Data Integrity
We will take reasonable steps to see that the personal information in our systems is relevant for its intended use, accurate, complete, and current.
7. Inquiries or Complaints
Notification of Copyright Infringement:
The Caregiver Space, Inc. (“CGS”) respects the intellectual property rights of others and expects its users to do the same.
It is CGS’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, CGS will respond expeditiously to claims of copyright infringement committed using the CGS website (the “Site”) that are reported to CGS’s Designated Copyright Agent.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through by sending a Notice with all the proscribed elements to CGS’s Designated Copyright Agent. Upon receipt of the Notice as described below, CGS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to CGS’s Designated Copyright Agent:
The Caregiver Space, Inc.
31 West 21st Street, 4th Floor
New York, NY 10010
Please be advised that upon removal of Content, we will notify the posting Member that Content has been removed due to our receipt of a proper Notice. Such poster of allegedly infringing material may make a counter-notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. A proper counter-notice sent to the Designated Copyright Agent must include the following:
- A physical or electronic signature of the Member.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The Member’s name, address, and telephone number, and a statement that the Member consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Member’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Member will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Within not less than 10 days, but not more than 14 days of receipt of a proper counter-notice, CGS will reinstate the Content in question, unless we receive from the copyright holder who sent the original Notice a notification that such owner has filed an action seeking a court order to restrain the Member from engaging in infringing activity relating to the Content on the CGS Site.
CGS may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize CGS to release information about you if required by law or subpoena, without notice to you.