Welcome to the Carerunner Web site! This Web site (http://www.carerunner.com, or any replacement site, the “Site”) is operated by Carerunner, LLC (“Carerunner”, “we” or “us”) make our services available to our subscribers and registered users, and to provide the public with information about us and the services we offer, along with other useful information. All access to and use of the Site is governed by and subject to these terms and conditions of use (these “Terms”).

Please read these Terms carefully and thoroughly, as they constitute a legally binding agreement. By accessing and using the Site, and by registering as a subscriber or authorized user of the Site, you acknowledge that you have read and understand these Terms and you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site.

  1. Access and Use
  2. Privacy Policy
  3. Security
  4. Consents
  5. Proprietary Content
  6. Use of Content
  7. Use of Submissions
  8. User Conduct
  9. Disclaimers
  10. Limitation of Liability
  11. Indemnification
  12. Miscellaneous
  13. Questions Regarding the Site or these Terms
  14. Acknowledgement

Access and Use

In these Terms, “you” refers to an individual accessing the Site, regardless of the particular features, materials, opportunities, or services made available on the Site that he or she chooses to browse, use, or take advantage of, and regardless of whether registered as a subscriber or authorized user of the Site. You represent and agree that all information that you provide to Carerunner in connection with your access to and use of the Site shall, at the time of submission, be complete, true, and accurate, to the best of your knowledge, ability, and belief. We reserve the right to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, in our sole discretion and among other things, result in the immediate termination of your access to and use of the Site and (if you are a registered subscriber of the Site) of your subscription to the Site. The Site is intended for use by persons at least 18 years of age. If you are not 18, please do not continue to access or use the Site, except through your parent or guardian.

Privacy Policy

We understand your concerns regarding how personal information is used and disclosed, and we are committed to protecting your privacy. Information that we collect about you (and about any other individuals), or that you submit or provide, through your access to and use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference (and which we may change from time to time, as described above). We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.

Security

Carerunner employs commercially reasonable measures and technology to secure and protect information stored on, or transmitted through, the Site. However, we cannot and do not guarantee that any such information or transmissions are or will be totally secure. Unencrypted Internet communications are not secure, and no security measures are impenetrable. You agree to immediately notify us of any breach of Site security, these Terms, or our Privacy Policy of which you become aware.

You are responsible for maintaining the strict confidentiality of any user names and passwords assigned to you as a subscriber or authorized user of the Site, and you are solely responsible and liable for (and Carerunner shall not be responsible or liable for) all use and activity, whether authorized or unauthorized, of such user names and passwords, by any person or entity, and any harm, charges, costs, expenses, damages, liabilities, and losses caused thereby or resulting therefrom. You agree to notify Carerunner immediately upon becoming aware of, or upon reasonably suspecting or believing that there may have been, any unauthorized use, activity, or other security concerns regarding any such user names or passwords.

Consents

You are responsible for obtaining all necessary or appropriate consent and authorization (including any necessary or appropriate patient consent) to share as you designate any information that you provide or make available on or through your account or private community on the Site, as well as for obtaining all other consents and approvals that may be required with regard to your access and use of the Site, regardless of whether such consents, authorizations, and approvals are required by law or otherwise. You agree not to use or access features or portions of the Site, or submit or provide to us any information or materials, for which you do not have all required consents and authorizations.

Proprietary Content

Carerunner respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort, and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You understand that Carerunner owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, all information, text, data, databases, graphics, images, audio and video clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (all of the foregoing, collectively (but expressly excluding, in each case, any information, data, and content provided by you or other users of the Site), the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and you agree that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets. All such rights are and shall remain the property of Carerunner or its licensors and content-providers.

Use of Content

Carerunner grants you a limited, personal license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that Carerunner is not thereby engaged in providing medical or professional advice or services of any kind to you. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, as described above, you may not reproduce, perform, create derivative works of, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of Carerunner. Use of the Content, or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of Carerunner. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, screen or page scrapers, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Carerunner in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.

Use of Submissions

Except for any information submitted by registered subscribers and authorized users about themselves or their family, friends, or other loved ones into their respective accounts or private communities, by submitting any information or material on the Site or to Carerunner, whether via the Internet, by fax machine, e-mail, telephone, or other mode or medium of communication, or through access to and use of the Site or any of the Content (including, but not limited to, by submitting to us through any forms that may be posted on the Site or otherwise submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software, data, computer files, or other material of any type), you thereby expressly grant, or warrant that the owner of such material has expressly granted, Carerunner a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive, worldwide license and right to use, make and have made, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or hereafter developed, subject to our Privacy Policy, as available on the Site.

User Conduct

In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions (including, but not limited to, all laws and regulations relating to the confidentiality, privacy, security, and disclosure of personal information). Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that in connection with accessing or using the Site you will not:

  1. restrict or inhibit any other user from using or enjoying the Site;
  2. represent yourself as another or as a fictitious individual;
  3. disrupt or interfere with the Site or its operation or availability, or alter or tamper with the Content;
  4. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation of any applicable jurisdiction;
  5. post or transmit any information that is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
  6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communications, or engage in spamming, flooding, or any denial of service attack;
  7. post or transmit any data or information out of the country in which you reside in violation of applicable law;
  8. post or transmit any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software; and
  9. post or transmit any information or software which contains a virus, trojan horse, worm, adware, malware, pop-up, spider, bot, or other disabling device or harmful component.

The Site is designed and intended for use by users in the United States and Canada, and information provided for posting or making available on the Site is stored in the United States. However, you acknowledge that the Site is available, via the Internet, throughout the world. By submitting or providing information on or to the Site, you agree to comply with all applicable laws, regulations, and policies of all relevant jurisdictions, and you consent to, and you represent that you have all necessary or appropriate consent of others to, any transmission of that information across country boundaries, as necessary for the purposes for which the information was submitted.

The above assurances and commitments by you shall survive termination of these Terms.

Linked Sites

For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of Carerunner. Carerunner does not endorse or sponsor such Web sites, and we are not responsible for the availability, accuracy, content, or any other aspect of such Web sites. Carerunner disclaims all liability for such Web sites, for all access to and use thereof, and for use of the links to such Web sites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through other Web sites, is subject to the terms and conditions of those other Web sites. You agree that you will bring no suit or claim against Carerunner arising from or based upon your use of, or the offer or purchase of products or services on or through, any other Web sites. Hyperlinks to other Web sites that are provided on the Site do not imply that: (a) Carerunner is affiliated or associated with any linked sites; (b) Carerunner is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Carerunner.

Links to the Site

Unless otherwise notified or directed by Carerunner, you may include a hyperlink on your own Web site to the home page of the Site, provided that you do not: (a) "deep link" to any other page of the Site; (b) "frame" the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to Carerunner or to any affiliate, business partner, or content- or service-provider of Carerunner; or (d) otherwise imply or state that any type of relationship or special arrangements exist with Carerunner or with any affiliate of Carerunner, unless otherwise specifically approved in writing by Carerunner. You agree that you will promptly remove any hyperlink to the Site upon written request from Carerunner, at any time and for any reason. In no event will you use Carerunner’s logo or any other trademark as a hyperlink "button", or in any other manner, without Carerunner’s express written consent.

Disclaimers

Although Carerunner strives to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site, the Content, and all materials, products, and services available through the Site and Carerunner are at your own initiative and risk. You expressly acknowledge and agree that Carerunner is not responsible or liable in any way for any information or content provided to or posted in any user account or private community on the Site by any subscriber or user of the Site. Carerunner does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or achieve any particular goal through the use of the Site or any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and Carerunner: (a) are up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for that you may desire to use them; (b) have been provided or made available with all necessary or appropriate consent and authorization; and (c) are free of viruses and other disabling devices and destructive routines.

THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND CARERUNNER ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, OF ANY KIND. CARERUNNER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CARERUNNER DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH CARERUNNER ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY OTHER PERSON OR ENTITY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH CARERUNNER ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE DOES NOT GUARANTEE ANY GIVEN RESULT AND THAT NONE OF THE INFORMATION OR DATA OBTAINED FROM THE USE OF THE SITE SHOULD BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE, RECOMMENDATIONS, OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL CARERUNNER OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, OR ANY OF THE MEMBERS, MANGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR ANY INFORMATION, DATA, MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH CARERUNNER; (B) CARERUNNER’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL CARERUNNER OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, OR ANY OF THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF ANY INFORMATION, MATERIALS, DATA, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH CARERUNNER, THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION OR DATA TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF CARERUNNER, EVEN IF CARERUNNER WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of CARERUNNER AND ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, AND THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ALL OF THE FOREGOING, shall be limited in accordance with THESE TERMS to the fullest extent permitted by law. Without limiting any of the foregoing, if CARERUNNER OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR SERVICE-PROVIDERS, OR ANY OF THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, is found liable to you or TO any third party AS A RESULT OF any claims or OTHER matters arising under or in connection with THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, CARERUNNER and such parties’ CUMULATIVE, aggregate, and maximum liability for all such CLAIMS AND OTHER matters shall not exceed $100.

Indemnification

You agree to indemnify, defend, and hold Carerunner and its affiliates, and the members, managers, officers, directors, employees, agents, and representatives of each of the foregoing, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), due to or arising out of: (a) content, data, information, other materials that you (or others whose use of the Site you authorize) submit, post to, or transmit through the Site; (b) your (or that of others whose use of the Site you authorize) access to or use of the Content, the Site, and other materials, products, and services available on or through the Site and Carerunner; (c) your (or that of others whose use of the Site you authorize) violation of these Terms; or (d) your (or that of others whose use of the Site you authorize) violation of any rights of another. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

Miscellaneous

These Terms and the Privacy Policy referenced herein, as each may be revised and amended from time to time as described herein, constitute the entire agreement with respect to your access to and use of the Site, the Content, and any other information and materials available on or through the Site.

Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Carerunner’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and Carerunner. Carerunner may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of Carerunner. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any applicable laws and regulations of any jurisdiction from which you (or others whose use of the Site you authorize) are accessing the Site and any other jurisdiction whose laws apply to you or your actions (or to those of others whose use of the Site you authorize). You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws and regulations or these Terms.

Jurisdiction

The Site is maintained, operated, and controlled by or on behalf of Carerunner in the State of Illinois, in the United States of America. These Terms shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of law principles or rules. Any claim or action brought by you that arises out of or relates to these Terms and your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You and Carerunner each hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms or the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Site, the Content, and the materials and services available on or through the Site or through Carerunner. You and Carerunner each expressly waive any claim that venue is improper for any reason in these courts for such matters.

Changes to Terms

As our business and the Internet evolve and grow, we may update and amend these Terms from time to time, whether to change existing terms, as necessary and appropriate, or to incorporate additional terms specific to new or additional features, materials, opportunities, or services that we make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time, without prior notice to you.

Questions Regarding the Site or these Terms

If you have any questions or suggestions about Carerunner, the Site, these Terms, or our products or services, please contact us at the numbers or addresses given below.

Carerunner, LLC
Attn: Chief Legal Officer
164 Division St.
Suite 412
Elgin, IL 60120
Email: info@carerunner.com

Acknowledgement

BY ACCESSING AND USING THE SITE, AND BY REGISTERING AS A SUBSCRIBER OR AUTHORIZED USER OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.