TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND ONECARE
The oneCARE division of the Evercare Company (referred to in these terms and conditions as “oneCARE”) operates this website and offers it to you on the condition that you accept with no modification the terms, conditions and notices contained herein. By using this website you agree to all such terms, conditions and notices. This website may contain additional terms governing particular features or offers such as sweepstakes or chat rooms. If any of those additional terms conflict in any way with these terms and conditions, these terms and conditions will control.
oneCARE reserves the right to modify the terms, conditions and notices under which it offers this website, including any charges associated with the use of this website. You are responsible for reviewing these terms and conditions on a regular basis.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, oneCARE offers this website for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from, transfer, or sell any information, software, products or services obtained from this website.
You may display and, subject to any and all restrictions or limitations relating to specific material, copy electronically, download and print hard copies of the material from this website, but only for your own personal and non-commercial use, or to place an order with oneCARE or to buy oneCARE products. Any other use of materials on this website, including the modification, reproduction, distribution, republication, display or transmission of the content of this website, without the prior written consent of one CARE is strictly prohibited.
Harassing other people in any manner or form on this website, whether by e-mail and chat or by obscene or abusive language, or otherwise, is strictly forbidden. Impersonating other people, including a oneCARE employee, host or representative or other visitors to or users of this website, is strictly prohibited. You may not upload to, distribute, or otherwise publish through this website any libelous, defamatory, obscene, abusive, illegal, threatening or otherwise objectionable content, or content that invades the privacy or publicity rights of other people or that may constitute or encourage a crime, violate someone else’s rights, or otherwise give rise to liability of violate a statute, rule or regulation. You may not upload criminal content on this website or use the website to solicit others to join or become members of any other commercial on-line service or other organization or venture.
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COPYRIGHTS AND TRADEMARKS.
All of the content of this website, including the text, design, graphics, interfaces or code and the selection and arrangement thereof, is copyrighted as a collective work under the U.S. copyright statute and other such statutes and regulations, and is the property of oneCARE or licensed to oneCARE. All the trademarks, service marks, and trade names (collectively the “Marks”) that appear on this website are either the property of oneCARE or of third parties who have granted oneCARE the right and license to use those Marks.
NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Anyone who wishes to make a claim of copyright infringement in connection with any content or materials on this website should send notice to the website’s designated agent, pursuant to 17 USC 512(c)(2). ANY INQUIRIES NOT RELEVANT TO OR NOT IN COMPLIANCE WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
oneCARE respects the intellectual property of others. We ask our users and visitors to do the same. oneCARE will process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Upon receipt of notices that comply with DMCA, oneCARE will take steps to remove or disable access to any material that oneCARE finds to be infringing or the subject of infringing activity and will take steps to remove or disable access to any reference or link to material or activity that oneCARE finds to be infringing.
If you believe that someone has copied your work on this website in a way that has infringed your copyright, please provide oneCARE with the following information. For the process to work the notice must include all of the following information:
The physical or electronic signature of someone authorized to act on behalf of the owner of the copyrighted work that has been infringed;
A description of the work that has been infringed;
Where on this website the infringing material appears;
Your address, phone number, and e-mail address and any other contact information that will help oneCARE get in touch with you;
Your statement that you have a good-faith belief that the copyright owner or his, her or its agent has not authorized the disputed use, and that the disputed use is not authorized by law;
Your statement under penalty of perjury that all of the information in your notice is accurate and complete and that you are the copyright owner or authorized to act in the owner’s behalf.
Please direct all notices of copyright infringement as follows:
8790 Beckett Road
West Chester, Ohio 45069
By fax: 513-759-8718
By e-mail: firstname.lastname@example.org (and please include the words “Notice of Infringement” in the subject line)
IMPORTANT NOTE: ONECARE HAS PROVIDED THE PRECEDING INFORMATION SOLELY FOR NOTIFYING ONECARE THAT SOMEONE MAY HAVE INFRINGED YOUR COPYRIGHTED MATERIAL OR WORK. ONECARE WILL NOT RESPOND TO ANY OTHER INQUIRIES, SUCH AS PRODUCT-RELATED OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ABOUT PRIVACY.
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If the website lists a oneCARE product or service at an incorrect price due to a typographical error or an error in pricing information received from its suppliers or vendors, oneCARE reserves the right to refuse or cancel any orders for products or services listed at the incorrect price, even if oneCARE or its representatives have confirmed the order or charged your credit card. oneCARE shall issue a credit to your credit-card account in the amount of the incorrect price in the event of any such refusal or cancellation.
These terms and conditions are applicable to you and your use of and visit to this website, as soon as you access this website or complete a registration or shopping process. oneCARE may change or terminate any of these terms and conditions without notice at any time for any reason. The provisions under the headings “Copyrights and Trademarks”, “Disclaimer”, “Claims”, “Limitation of Liability”, Indemnification”, “Applicable Laws”, “Arbitration” and “General” shall survive any termination.
oneCARE does not and cannot review every communication and all the materials posted to or created by visitors to this website. You acknowledge that by providing you with the ability to view and distribute user-generated content on this website, oneCARE is acting merely as a passive conduit for that distribution and does not undertake any obligation or liability relating to any contents or activities on this website. Nevertheless, oneCARE reserves the right to block or remove communications or materials that it determines are (a) abusive, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, patent or other intellectual-property right of someone else, (d) in violation of any statute, rule or regulation, or (e) offensive or otherwise unacceptable to oneCARE at its sole discretion. oneCARE will treat any personally identifiable information that you post or transmit on this website in accordance with oneCARE’s Privacy Statement.
Except for any personally identifiable information that oneCARE collects from you under the guidelines set forth in its Privacy Statement, oneCARE will treat any material, information or other communication that you transmit, upload or post to this website (“Communications”) as non-confidential and non-proprietary. oneCARE will have no obligations with respect to the Communications. oneCARE and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and anything else embodied in the Communications for any and all purposes, commercial and non-commercial. For example, oneCARE reserves the right to post on this website any photographs that you submit to oneCARE without further compensation, and you hereby permit oneCARE to use such photos for an indefinite time period, and you represent and warrant that the photos are yours and that our publishing or posting the photos on this website will not infringe any third party’s rights.
USER CHAT ROOMS.
oneCARE may, but is not obligated to, monitor or review areas on this website, if any, where users transmit or post Communications or communicate solely with each other, such as chat rooms, bulletin boards, or other forums, and the content of any such Communications. oneCARE however will bear no liability related to the content of any Communications, whether or not arising under the laws of copyright, trademark, libel, privacy, obscenity or otherwise.
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This website may contain links to other Internet sites that are owned or operated by third-party vendors or other third parties (the “External Sites”). But even if the third party is affiliated with oneCARE, oneCARE exercises no control over these linked sites. These linked sites have their own separate privacy and data-collection practices and policies, independent of oneCARE and its practices and policies. oneCARE bears no responsibility or liability for these independent practices, policies or actions and is not responsible for the privacy practices or the content of the External Sites. oneCARE provides the links for your convenience only. You access them at your own risk. The availability of these links does not mean or imply that oneCARE sponsors, endorses or is affiliated or associated with the External Sites or their owners or operators, or that oneCARE has been authorized to use any trademarks, service marks, trade names, designs, logos, symbols or copyrighted material displayed on or accessible through the External Sites. Nonetheless, oneCARE seeks to protect the integrity of this website and the links on this website and therefore oneCARE requests any feedback on not only this website but also the External Sites as well, including if a specific link does not work. Please get in touch with the administrator pt webmaster for those External Sites if you have any concern about the links or the content on the External Sites.
Each claim or statement about the effectiveness of any oneCARE products, or comparing the effectiveness of a oneCARE product to that of another product, is limited to the United States, unless stated otherwise on this website.
oneCARE makes no warranties or representations about the accuracy or completeness of this website’s content or the content of any other sites including the External Sites.
oneCARE does not attempt to filter advertisements or other content viewable by children on this website or ‘hot-linked” sites. Children can receive content and materials on the Internet and in advertising that are inappropriate for children. We encourage parents and guardians to spend time on line with their children and to consider electronic filtering software.
THIS WEBSITE AND THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ONECARE DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRAENTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITIED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSES OF DEALING OR PERFORMANCE. ONECARE DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE’S FUNCTIONS WILL BE WITHOUT INTERRUPTION OR ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER MAKING THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONECARE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN CONNECTION WITH THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY. USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THESE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ONECARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ONECARE HAS BECOME AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, OR ON THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THOSE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless oneCARE, The Evercare Company, and their respective officers, directors, shareholders, employees, agents, licensors and suppliers (together the “Providers”) from and against any and all losses, expenses, damages and costs, including attorney fees, resulting from any violation or breach of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or anyone else who accesses this website using your Internet account.
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The laws of the State of Ohio, United States, shall govern your use of this website in all respects, without regard to choice of law. The 1980 United Nations Convention on contracts for the international sale of goods shall NOT govern your use of this website. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or related to this website (including the purchase of oneCARE products) shall be in the state or federal courts of Hamilton County, Ohio. You must commence any cause of action or claim you may have with respect to this website (including but not limited to the purchase of oneCARE products) within one year after the claim or cause of action arises. oneCARE’s failure to insist upon or enforce strict performance of any of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor any trade practice shall act to modify any of these terms and conditions. oneCARE may assign its rights and duties under this Agreement to any third party ay any time without giving you notice.
oneCARE makes no representations that the materials in this website are appropriate to or available for use in other locations, and access to the materials from territories where their content is illegal is prohibited. Visitors to this website from locations outside Ohio do so on their own initiative and must comply with any applicable local statutes, rules and regulations. You may not use or export the materials in violation of the export statutes, rules and regulations of the United States. The internal substantive laws of the state of Ohio shall govern any claim related to the materials.
By visiting or using this website you agree that oneCARE, at its sole discretion, may require you to submit any disputes arising from the use of this website or these terms and conditions to final and binding arbitration under the rules of the American Arbitration Association. The laws of the sate of Ohio shall govern any such arbitration proceeding.
Any award in an arbitration initiated hereunder shall be limited to monetary damages and shall not include an injunction or direction to any party other than the direction to pay a monetary amount. The arbitrator or arbitrators shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated hereunder, unless required by statute.
oneCARE may revise these terms and conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions because they are binding on you. Expressly designated legal notices or terms located on particular pages of this website may supersede certain of these terms and conditions.
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8790 Beckett Road
West Chester, Ohio 45069
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Last Updated: July 23, 2009