CareSift Terms of Sale
Effective Date: March 28, 2016
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These Terms of Sale apply to your purchase of online ads that are offered through CareSift’s “For Care Givers” service. By placing an order for any ad appearing through the For Care Givers service, you accept and are bound by these terms and conditions. Additionally, you will be agreeing to our Visitor Agreement and Privacy Statement, copies of which are posted on this website. Please take a moment to review our Visitor Agreement and Privacy Statement. If you do not wish to be bound by these terms and conditions, you should not place an order for an ad through this service.
- General Rules
1.1 For Care Givers, ads are available only to sellers who want to list their medical service for sale. CareSift and its affiliates reserve the right (but assume no obligation) to delete, move, or edit any ads or posting(s) that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
1.4 CareSift and its affiliates reserve the right to deny use of their respective online and offline products and services, which includes the CareSift website, to anyone who does not comply with these Terms of Sale or who otherwise use such online and/or offline products or services, including the CareSift website, in a manner we consider inappropriate.
- Using the “For Care Givers” Service
2.1 When you offer a medical service for sale through the For Care Givers service, you must be prepared to sell that service at the price at which, and the terms on which, you’ve listed it. You must have possession of the actual service listed and the ability to perform sale of service.
2.2 To list a service for sale through the For Care Givers service, you are required to provide certain identifying and contact information. The information in your ad must accurately identify you and the method of contact must permit buyers to communicate directly with you.
2.3 You may not charge any potential buyer for information about any medical service listed for sale on CareSift, nor may you use our website to promote, without our prior written permission, any other website, product or service.
2.4 Ad(s) placed through the For Care Givers service may not be used to advertise more than one (1) location per ad purchased, regardless of the type of advertising package you select or the duration of its publication.
2.5 Responsibility for the information contained in your ad lies with you, the seller. You alone are responsible for material you post online, and for the content of all text messages transmitted through the online portions of the For Care Givers service.
- Quality Assurance
3.1 Though we can’t monitor every transaction that originates on or takes place through the For Care Givers service, we may perform random quality assurance tests to confirm that sellers who offer medical services for sale through the For Care Givers service are prepared to sell the services they advertise at the prices at which, and the terms on which, they advertise them.
3.2 Photos submitted as part of any ad placed through the For Care Givers service must correspond to the actual medical service being offering for sale. As part of our random quality assurance tests, if we encounter a photo that we believe does not accurately represent the actual medical service you are offering for sale through the For Care Givers service, we maintain the right to immediately remove such photo(s) and/or your corresponding ad. If you believe your photo(s) and/or your corresponding ad was removed in error, you may contact one of our customer service representatives by emailing firstname.lastname@example.org.
3.3 By using the For Care Givers service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that you are engaging in “bait and switch” or other unfair or deceptive practices, CareSift and/or its affiliates reserve the right to deny you use of the For Care Givers service.
3.4 In connection with our efforts to combat fraud, some ads may be screened before being posted publicly. This process may delay display of your ad listing(s) for up to 24 hours from the time we accept your ad. If your ad does not appear on CareSift after 24 hours, you should contact one of our customer service representatives by emailing email@example.com. As part of our effort to combat fraud, we may also screen any text messages sent to sellers through the For Care Givers service’s online inquiry form.
3.5 Although CareSift cannot monitor all the ads processed through the For Care Givers service, we reserve the right (but assume no obligation) to delete, move, or edit any ads, postings or other electronic communications that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
3.6 By placing ads through the For Care Givers service you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy CareSift or our affiliated products and services. CareSift and our affiliates retain the right to deny access to anyone who we believe has violated these Terms of Sale, our Visitor Agreement, and/or our Privacy Statement.
3.7 Except as otherwise provided under these Terms of Sale, CareSift and our affiliates will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to CareSift or any of our affiliates. However, CareSift and our affiliates may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce these Terms of Sale or to protect the rights, property or safety of visitors to our site, our advertisers, our affiliates, the public or CareSift.
- Fees, Payments and Refunds; Premiums, Promotions and Free Services
4.1 By placing an ad through the For Care Givers service, you agree to pay all fees and charges incurred at the rates in effect for the billing period covering the advertising package(s) you obtain, regardless of whether your medical service sells as a result of the ad package(s) you purchase. All fees and charges will be applied against the form of payment you provide as part of the ad selection process and you agree to pay such fees and charges. You also agree to pay any applicable taxes relating to your use of the For Care Givers service. At its sole discretion, CareSift reserves the right at any time to offer the For Care Givers service at a discount or to provide premiums and promotions as incentives, up to and including free For Care Givers Services.
4.2 Should CareSift offer For Care Givers ads at no charge on our website and/or via our call center(s), we may, at our sole discretion, offer these ads nationally, in a limited number of markets, to a limited number of advertisers, or for a limited period of time. When you list a medical service for sale using any free For Care Givers advertising service that we may offer, you will be asked for information on the medical service you are selling and on how you can be contacted by potential buyers. We may also ask you for other personally identifying information for security purposes. We may use this information to contact you about your listing, or for marketing and other promotional purposes, including offers of additional paid ad services. By placing a free For Care Givers ad on CareSift you agree to be contacted by us about your listing, or for marketing and other promotional purposes, via any of the contact methods that you supply, including telephone, email and snail mail. We may also share, or sell, the contact information you provide with companies who advertise on our website, or who otherwise compensate us for this information, including medical service/manufacturers. If you do not wish to share your email address or other contact information with either CareSift or our advertisers for the purpose of receiving marketing and promotional offers, you should not use our free For Care Givers service.
4.3 Subscriptions may be cancelled at any time
- Added Value Services
5.1 When you list a medical service for sale through the For Care Givers service, we may obtain additional distribution for your ad listing through our relationships with other websites. At this time, neither CareSift nor any website through which we distribute your listing will charge you any additional fee for this additional exposure. It’s just added value from CareSift.
- Consulting Services
6.1 CareSift may offer consulting services to take pictures and write content for the For Care Givers service for your medical service. You will be given the responsibility to review and approve all content. Lack of response to reviews of pictures/content will be deemed as acceptance and CareSift will upload the content to the website.
6.2 CareSift is not liable for any content which is approved, or deemed approved.
6.3 Unless otherwise negotiated, all pictures taken by CareSift of your facility are owned by CareSift.
7.1 Any pictures or content uploaded to the CareSift sites may be used by CareSift for marketing purposes, such as promotions, other sections of the website, and brochures.
7.2 You are responsible for the contents you post. CareSift and its affiliates are not liable for the content created by care homes and medical service providers.
- Disclaimer of Warranties, Limitation of Liability, and Indemnification
8.1 IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE AND/OR THROUGH AFFILIATED PRODUCTS OR SERVICES. THIS WEBSITE AND ANY AFFILIATED PRODUCTS AND SERVICES ARE PROVIDED TO YOU “AS IS.” CARESIFT AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE),. NOR DO WE OR THEY GUARANTEE THAT THE CARESIFT WEBSITE AND/OR ANY AFFILIATED PRODUCT OR SERVICE WILL BE ERROR FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE CARESIFT WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 UNDER NO CIRCUMSTANCES WILL CARESIFT OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY AFFILIATED PRODUCT OR SERVICE ASSOCIATED WITH OR OTHERWISE LINKED TO OR FROM THIS WEBSITE, OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF CARESIFT AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE, THE FOR CARE GIVERS SERVICE, AND/OR ANY AFFILIATED PRODUCTS OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OR THE USE OF THE FOR CARE GIVERS SERVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
8.3 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CARESIFT, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE OR ATTEMPT TO PLACE THROUGH THE SELL YOUR CAR SERVICE.
9.1 These Terms of Sale are made in, and will be construed in accordance with the laws of, the State of Virginia, without regard to its choice of laws rules. By using the For Care Givers service, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fairfax County, Virginia for all disputes arising out of or relating to these Terms of Sale or the use of the For Care Givers service.
9.2 These Terms of Sale, together with the CareSift Visitor Agreement and Privacy Statement, contains the entire agreement and understanding between you and CareSift regarding the subject matter hereof, and supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. CareSift reserves the right to modify these Terms of Sale from time to time and will post any such changes on the CareSift website. Your use of the For Care Givers services after CareSift has posted such modifications to these Terms of Sale on the CareSift site will constitute your assent to any such modifications.