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mHealth & wellness
A. About Us:
1. Information We Collect.
2. How We Use It.We use, allow access to, or disclose your Personal Data to third parties with whom we may partner to:
3. Who We Share It With.
4. With Whom You Share With.
5. Security of Your Personal Information.We exercise care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Specifically, we or our payment processor(s) use the Secured Socket Layer or ‘SSL’ encryption when collecting, storing, or transferring sensitive data. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Account security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
6. Your Account.
8. Compliance with the Children’s Online Policy Protection Act.Protecting the privacy young people is especially important. For that reason, we never collect or maintain Personal Data or other information through our Services from those we actually know are under thirteen (13), and no part of our Services are structured to attract anyone under thirteen (13). We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Account or Subscription of User who we believe has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
9. Linked Sites.We and/or third parties may provide links to Linked Sites. However, we are not responsible for the privacy practices employed by those web sites, nor are we responsible for the information or materials they contain. This Policy applies solely to information collected by us through our Services; thus when you use a link to go from our Website to a Linked Site, this Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them.
10. Affiliated Businesses We Do Not Control.We may use third-party companies and individuals to perform functions on our behalf. Examples include but are not limited to payment processing, hosting, data storage, sending postal mail and e-mail, removing repetitive information from User lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. We will provide such entities with access to certain information needed to perform their functions, but will take measures to ensure that they may not use it for other purposes.
11. Changes to our Policy.We reserve the right to change this Policy, our Terms of Service, and our other Polices at any time. We will notify you about changes to this Policy by placing the updated Policy on our Website. You agree that your use of our Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each incorporated herein by reference. In the event of any conflict between the provisions of this Policy and our Terms of Service, the provisions of our Terms of Service shall control.
12. Questions or Comments Regarding this Policy.We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: firstname.lastname@example.org.
Terms of Service
A. About Us:
B. Our Terms of Service:
1. Service Conditions.By accessing our Website and/or using our Services, you represent and warrant to us that: (a) you have the right, authority and capacity to agree to, and abide by these Terms; (b) you are not currently restricted from using our Services, and are not otherwise prohibited from having an Account; and (c) you are not using our Services to compete with us, as determined by us.
2. Account and Subscription.
3. Payment.In exchange for the Services, you agree to pay us the applicable Fees displayed on our Website or otherwise communicated to you by us, and any other costs or assessments, as determined by us according to these Terms. You authorize us to charge your chosen payment method (credit card, debit card, or PayPal) in connection therewith. You agree that we may charge you for all Fees incurred by you in our Services. In connection with any Fees paid by you, you agree: (a) to only provide valid and current payment information; (b) that we may use the tools, software or services of our payment processors to process Fees and transactions on our behalf; and (c) that you agree to promptly pay all amounts due upon demand. We are not responsible or liable for any activities or conduct of our payment processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of our payment processor. All Fees shall be paid in US Dollars.
4. Refunds.You agree that we do not offer any refunds in connection with 30-day Subscriptions. If you purchase access to individual ClearRoadmap features and cancel your Subscription before your Subscription expires or automatically renews, we will provide you with a pro-rata refund of the Fees you paid to us in connection with your Subscription in proportion to the duration of your Subscription which remains, as determined by us. If you purchase a block-plan Subscription package of multiple ClearRoadmap features and cancel your Subscription before your Subscription expires or automatically renews, we will provide you with a pro-rata refund of the Fees you paid to us in connection with your Subscription in proportion to the duration of your Subscription which remains with the elapsed portion of the Subscription calculated using the then-current individual ClearRoadmap feature Fees, as determined by us (a refund in connection with a block-plan Subscription will not be calculated as a percentage of the discounted block-plan Subscription Fee). We will provide you with the applicable refund within 90 day of settling your balance, as determined by us.
5. Duration of License to Access Services.Your use and access to our Website and the Content hereon (apart from the Content available by way of purchasing a Subscription) is granted to by these Terms under a personal, non-transferable, non-assignable, non-licensable, non-sublicensable, revocable, limited and temporary license to use our Website subject to these Terms (your “Web License”). Your Web License is ongoing and continues until your Web License or ability to use our Website is terminated or restricted by us.
6. Content on Our Services.
7. Termination, Restriction and Suspension.
8. Use Restrictions.You may not use or plan, encourage or help others to use our Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using our Services, you agree at all times that you shall not: (a) infringe on the copyrights or other intellectual property rights of Carver, a User, or a third party (b) copy, distribute, or modify any part of our Services without our prior written authorization; (c) Transmit inappropriate, inaccurate, false, or misleading Content to our Services; (d) transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) Transmit Content that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to our Services, including but not limited to by: attempting to probe, scan or test the vulnerability of our Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with our Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of our Services; (k) collect Content, personally identifying information, and/or other information from our Services, or otherwise access our Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (l) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (m) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (n) use any communications systems provided by our Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on our Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you provide to us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use our Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
9. Dispute Resolution.
10. DISCLAIMER; LIMITATION OF LIABILITY; WAIVER OF CLAIMS.
12. Survival.Notwithstanding anything herein to the contrary, the provisions of Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17 and 20 of these Terms, as well as provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, or your Subscription, Account, Web License or ClearRoadmap License, shall survive any such termination.
13. Communication By Us.Carver utilizes email as a vital and primary communication channel with Users. Users hereby acknowledge and grant Carver the permission to communicate with Users via email or other method we may determine for any reason Carver determines to be relevant. Carver will use best efforts to honor a User’s request to opt out of marketing messages, but under no circumstances will we be liability for sending any emails to Users.
14. Severability.The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement, independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining provisions will continue in full force and effect.
15. Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
16. Entire Agreement; Modification.These Terms together with our Polices any other document referenced herein, constitute the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.
17. Governing Law; Headings; Construction.You agree that: (a) the Services shall be deemed solely based in the Loudoun County, Virginia (where we have our headquarters); and (b) the Services shall be deemed passive which does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Loudoun County, Virginia. These Terms shall be governed by the laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. In the event of a conflict between these Terms and a foreign language version of the Terms, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular and the plural form of that word.
18. Compliance.You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Services. Users who access or use the Services do so of their own volition and are entirely responsible for compliance with applicable law.
19. Export Compliance.You agree to comply with all laws, restrictions and regulations relating to the export of products and information imposed by the United States and the State of South Carolina. For purposes of the U.S. Export Administration Act (“Export Laws”), you represent and warrant that you are: (a) not a citizen of, or otherwise located within, an embargoed nation, including but not limited to those designated by the Office of Foreign Assets Control (“OFAC”), and (b) not otherwise prohibited under the Export Laws from receiving the Services and Content.
20. Our Relationship with You.With respect to you, Carver is an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and Carver to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Carver to be treated as the agent of the other.
21. Cooperation with Authorities and Police Enforcement.We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
22. Feedback.Please send your comments, concerns, or questions to: email@example.com. While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.