4Care Website Terms of Use

 

Legal Information & Notices

 

OWNERSHIP OF SITE: AGREEMENT TO TERMS OF USE

 

These Terms and Conditions of Use (the "Terms of Use") apply to 4CARE ,its subsidiaries and affiliates, including 4Care sites around the world (collectively, the "Site"). The Site is the property of 4CARE Nederland BV. and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

 

4Care reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, 4Care grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

CONTENT

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel", and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to 4Care, Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and/or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, commercial enterprise, or other medium for publication or distribution, without 4Care express prior written consent.

 

You may use information on 4CARE’s products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by 4CARE for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose, do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) make no additional representations or warranties relating to such documents.

 

YOUR USE OF THE SITE

 

You may not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site and/or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. 4CARE  reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any 4CARE server, or to any of the services offered on or through the Site, by hacking, password "mining", or any other illegitimate means.

 

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of 4CARE, including any 4CARE accounts not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 4CARE’s systems or networks, or any systems or networks connected to the Site or to 4CARE.

 

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or with any other person’s use of the Site.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to 4CARE on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 4CARE or others.

 

PURCHASES: OTHER TERMS AND CONDITIONS

 

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

 

4CARE’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

 

4CARE may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and 4CARE makes no commitment to update the materials on the Site with respect to such products and services.

 

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

 

Guidelines for Using 4CARE Trademarks & Copyrights

Rights & Permissions

Trademarks

Claims of Copyright Infringement

Piracy

Counterfeit Products

4CARE’s Unsolicited Idea Submission Policy

Software License Information

Legal Contacts

ACCOUNTS, PASSWORDS AND SECURITY

 

Certain features or services offered on or through the Site may require you to open an account (including setting up an 4CARE user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify 4Care, Inc. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by 4Care, Inc. or any other user of or visitor to the Site due to someone else using your 4CARE user ID, password, or account as a result of your failing to keep your account information secure and confidential.

 

You may not use anyone else’s 4CARE user ID, password or account at any time without the express permission and consent of the holder of that user ID, password or account. 4Care Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

PRIVACY

 

4CARE Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view 4CARE’s Privacy Policy, Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

 

 

LINKS TO OTHER SITES

 

This Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under 4CARE’s control, and 4CARE is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

DISCLAIMERS

 

4CARE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. 4CARE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. 4CARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 4CARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY 4CARE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST 4CARE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.

 

4CARE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

LIMITATION OF LIABILITY

 

Except where prohibited by law, in no event will 4CARE be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if 4CARE has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms of Use, 4CARE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, 4CARE’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against 4CARE (but not including the purchase price for any 4CARE consumer goods or software product, or (2) $100.00 USD. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

INDEMNITY

 

You agree to indemnify and hold 4CARE, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against 4CARE by any third party due to or arising out of or in connection with your use of the Site.

 

VIOLATION OF THESE TERMS OF USE

 

4CARE may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) 4CARE’s rights or property, or the rights or property of visitors to or users of the Site, including 4CARE’s customers. 4CARE reserves the right at all times to disclose any information that 4CARE deems necessary to comply with any applicable law, regulation, legal process, or governmental request. 4CARE also may disclose your information when 4CARE determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that 4CARE may preserve any transmittal or communication by you with 4CARE through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or 4CARE determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of 4CARE, its employees, users of or visitors to the Site, and the public.

 

You agree that 4CARE may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to 4CARE, for which monetary damages would be inadequate, and you consent to 4CARE obtaining any injunctive or equitable relief that 4CARE deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies 4CARE may have at law or in equity.

 

You agree that 4CARE may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

 

If 4CARE does take any legal action against you as a result of your violation of these Terms of Use, 4CARE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to 4CARE. You agree that 4CARE will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

 

FEEDBACK AND INFORMATION

 

Any feedback you provide at this site shall be deemed to be non-confidential. 4Care shall be free to use such information on an unrestricted basis.

 

The information contained in this web site is subject to change without notice.

Copyright © 2023 4Care, Inc. All rights reserved.

4Care Nederland BV Denestraat 8, 5541RL Reusel/ The Netherlands

 

Updated by 4Care, Inc. Legal Team on December 4, 2023