By using this service, you accept the terms of our Visitor Agreement (described below):
Effective Date: August 25, 2015
Thank you for your interest in CareSift. In this Visitor Agreement, the terms “Care Sift,”, “CareSift,” “we,” “us,” and “our” refer to Care Sift, LLC. and the terms “you” and “your” refer to you as a user of our websites, mobile and other online applications and products and services (collectively, the “CareSift Sites”).
- By using the CareSift Sites, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and CareSift; please read it carefully. When using the CareSift Sites, you may be subject to other posted terms and guidelines applicable to certain services available on or through the CareSift Sites. All terms and guidelines on the CareSift Sites, including our Privacy Statement, are part of this Visitor Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the CareSift Sites are subject to this Visitor Agreement. Accessing the CareSift Sites in any manner, even through automated means, constitutes your use of the CareSift Sites and your agreement to be bound by this Visitor Agreement. CareSift may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of the CareSift Sites after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. CareSift may change, restrict access to, suspend, or discontinue the CareSift Sites, or any portion thereof.
- The material that appears on the CareSift Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the CareSift Sites may, from time to time, contain errors. The CareSift Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the CareSift Sites, and you should not rely on it without independent verification.
- We invite you to bring to our attention any materials or information on the CareSift Sites that you believe to be inaccurate. Please forward a copy of the materials or information to our Customer Service Manager, along with an explanation of the inaccuracies.
Buying and Selling Home Care
- The CareSift Sites is a care home listing and information service that brings together buyers and sellers. CareSift is not a party to any transaction between home care buyers and sellers that originates on or through the CareSift Sites. Information about a particular home care is supplied by the seller, not by CareSift. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
- Though we hope that all who come to the CareSift Sites will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the care homes they offer. Nor can we assure the seller of a care home that the payment he or she receives from the buyer is legitimate. When using the CareSift Sites to find a buyer for your care home or a care home to purchase, we urge you to use the same common sense and good judgment you would use in selling a care home through, or responding to, a classified ad in the newspaper.
Buying Home Care
- The prices listed by sellers on the CareSift Sites often exclude sales tax, finance charges, and any or all of which may be added to the listed price to arrive at the final sale price of a particular home care. Before purchasing a home care or any other good or service you have read about on the CareSift Sites, you should confirm with the seller any information, including the price that is important to your purchasing decision. CareSift is not responsible for, and does not guarantee the performance of, any such home care, goods or services listed or researched on the CareSift Sites.
- We may screen some email messages sent through the CareSift Sites to sellers about home care listed on the CareSift Sites. If it appears that your email message has not reached the seller of the home care you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
Listing Your Home Care
- The CareSift Sites offers a variety of ad packages to private sellers, with combinations of features that may vary by market area. For information about the ad packages available to private sellers in your area, click the “For Care Givers” tab or button on our home page.
- In order for you to offer a care home for sale, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your home care at the price at which, and on the terms on which, you have listed it. You must have possession of the actual home care listed and all required licenses. To list home care for sale on the CareSift Sites, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any home care listed for sale on the CareSift Sites, nor may you use the CareSift Sites to promote, without our prior written permission, any other website, product, or service.
- By using the CareSift Sites to sell your home care as a private seller, you represent that you are at least 18 years of age, and that you have all required licenses to operate.
- Listings are not to be used to advertise more than one home care location, regardless of a listing’s duration. You may only post as many entries simultaneously as have been purchased. By using the CareSift Sites to sell your home care, you agree to pay the price of the package you select and the prices of any advertising upgrades, regardless of whether your care home sells as a result of the listing. You also agree to pay any applicable taxes. Click here for our Refund Policy.
- Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your home care, and for the content of all email messages you transmit through the CareSift Sites. Nothing will undermine a user’s confidence in the care home you are looking to sell faster than inaccurate statements or misleading representations about the care home. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of the CareSift Sites fairly and honorably.
- In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on the CareSift Sites, we may, from time to time, perform random quality assurance tests to confirm that those who offer care homes for sale over the CareSift Sites are prepared to sell those care homes at the prices and on the terms which such care home are advertised. By using the CareSift Sites, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating the terms of this Visitor Agreement, we reserve the right to deny that seller use of services offered on the CareSift Sites and any affiliated websites and remove that seller’s listings from each site.
- By listing a care home for sale on the CareSift Sites, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that care home.
Ownership and Permissions
- The CareSift Sites is provided to our end users for their personal, non-commercial use only. The materials on the CareSift Sites are the property of CareSift or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the CareSift Sites. You may display and occasionally print a single copy of any page of the CareSift Sites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the CareSift Sites without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the CareSift Sites, in any form (including electronic form), without prior written permission from the owner of such materials.
- You are free to establish a hypertext link to the CareSift Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by CareSift or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the CareSift Sites, nor incorporate into another website or service any intellectual property of CareSift or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to our Customer Service Manager.
- CareSift and the CareSift logo are all trademarks owned by us or our licensors. The names of other products and services referred to on the CareSift Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the CareSift Sites without the prior written consent of the owner of the mark.
- You acknowledge that by transmitting or posting any material on or through the CareSift Sites, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the CareSift Sites. Among other uses of user materials, the CareSift Sites uses listings data to derive useful information (such as care home valuation information) for display, sale and distribution.
- The CareSift Sites allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.
- You assume total responsibility and risk for your use of any interactive areas of the CareSift Sites. You acknowledge that any of the user-generated content posted or transmitted through the CareSift Sites represents the views of the author, and not of CareSift. You also acknowledge that your use of or reliance on such content is at your own risk.
- When publishing anything to the CareSift Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
- You further agree that you will not attempt or do any of the following:
- interfere with or disrupt the CareSift Sites or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of the CareSift Sites, to accounts that belong to other users, or to computer systems or networks connected to the CareSift Sites;
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise;
- collect information about others without their consent;
- interfere with the use of the CareSift Sites by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
- share any user name and/or password you have on the CareSift Sites with any other persons.
- Without limiting any of CareSift’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the CareSift Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
- Although CareSift cannot monitor all of the listings and content posted to the Care Sift Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to the CareSift Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, CareSift takes no responsibility and assumes no liability for any content posted to the CareSift Sites by you or by third parties.
Disclaimer of Warranties, Limitation of Liability, and Indemnification
- IF YOU RELY ON THE CARESIFT SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE CARESIFT SITES, 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 THROUGH THE CARESIFT SITES. THE CARESIFT SITES 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 THE CARESIFT SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE CARESIFT SITES). NOR DO WE OR THEY GUARANTEE THAT THE CARESIFT SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE CARESIFT SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARESIFT AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE CARESIFT SITES BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL CARESIFT OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE CARESIFT SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE CARESIFT SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND 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 RELATING TO THE CARESIFT SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE CARESIFT SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THE CARESIFT SITES.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
- YOU AGREE TO INDEMNIFY CARESIFT AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE CARESIFT SITES OR ANY BREACH OF THIS VISITOR AGREEMENT.
- To obtain access to certain services from the CareSift Sites (for instance, to manage your private seller listing on the CareSift Sites), you may be required to register on the CareSift Sites. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the CareSift Sites through any username/password assigned to you. You will notify CareSift’s Customer Service Manager of any known or suspected unauthorized use of your account via email.
- CareSift reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.