These Senior Focus, LLC Terms of Service (“Terms”) apply to any individual who uses the “Submit Listing” and/or “Register” feature (the “Listing Service”) on all websites owned by Senior Focus LLC including but not limited to: SeniorFocusOnline.com, SeniorCareArizona.com, CareOptions24, SeniorFocus.us, Need24Care.com and other websites owned by SeniorFocus,LLC (the “Site”). These Terms are a legally binding contract between you and Senior Focus, LLC (all websites owned by Senior Focus LLC including but not limited to: SeniorFocusOnline.com, SeniorCareArizona.com,CareOptions24,SeniorFocus.us, Need24Care.com by using the listing service to advertise on the site, you represent and warrant that (a) the community/service is eligible to be listed using the listing; (b) you own or have the right to advertise the property you are listing; (c) you have the right to rent the advertised property and/or sell services; (d) you are willing to provide services at the advertised property / service at the price and on any other terms specified in your listing; (e) you will not advertise more than one property in a single listing on the listing service, either by including descriptions of multiple units in one listing or by subsequently updating the listing information to advertise different properties or units; (f) you will not use the listing service to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property / service advertised; (g) you will not use the listing service or the site for any fraudulent, false, misleading or deceptive activity; (h) all materials that you provide to Senior Focus, LLC (all websites owned by Senior Focus LLC including but not limited to: SeniorFocusOnline.com, SeniorCareArizona.com,CareOptions24,SeniorFocus.us, Need24Care.com) and everything in your listing, including without limitation, any pictures or text description, is truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (i) you are solely responsible for any and all listings you add using the listing service, and all content, photos, data, text, or other materials (“materials”) you submit to the site; (j) you have all the rights necessary to post your listings using the listing service, including, without limitation, all content, photos, data, text, and other materials contained therein, on the site; and (k) photos you upload to the listing service will only show the property listed for rent and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the service or community. Senior Focus, LLC reserves the right, in its sole discretion, to remove any listing or materials from the listing service, without notice and without liability, that does not meet the requirements of these ad manager terms of service, the site’s terms of service, Senor Focus LLC, (all websites owned by Senior Focus LLC including but not limited to: SeniorFocusOnline.com, SeniorCareArizona.com,CareOptions24,SeniorFocus.us, Need24Care.com) otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason.
Free memberships are open-ended, do not require renewal, and do not expire. Members who are granted Free membership option agree to have Community contact information automatically re-directed to our administrative team member. Leads are forwarded to such members and fees are based only on successful placements. Basic and Premium memberships are generally one year (other than promotional extensions) and are automatically renewed annually. Leads are coming directly to the community at the number you provide & are not subject to additional fees. Members that cancel Basic or Premium membership will revert to free membership status and will be charged placement fees per individual written or verbal agreements between the member and Senior Focus, LLC
Basic and Premium memberships are automatically renewable. Member herein agrees that, unless Senior Focus LLC is notified prior of eperation, the membership shall automatically be renewed for the same period as was initially ordered (less promotional extensions). Automatic renewal guarantees the member continued access to SeniorFocus,LLC directories, and will be uninterrupted. In the event a Basic or Premium member fails to renew, their membership will automatically be downgraded and all discounts and benefits will be suspended until membership is reinstated. In the event a member desires to cancel or cancel a renewal, a cancellation request must be received in writing, no later than 30 days after the charge, and is subject to a cancellation fee of 50% of the advertised annual fee. In the event a member that wishes to cancel a membership charge has received promotional benefits offered during the aforementioned 30 day cancellation period, the request for cancellation and refund will be denied.
All websites owned by Senior Focus LLC are available to any member. Basic & Premium members shall pay an annual fee. Free membership option is offered to selected members (for more information contact Senior Focus, LLC (http://www.seniorfocusonline.com/Contactus ). In the event a member (paid or unpaid) is suspected of any type of abuse of the SENIOR FOCUS LLC , in violation of any terms and conditions outlined herein, or in any other way is suspected of any improprieties against SENIOR FOCUS LLC, its members, vendors, or partners, SENIOR FOCUS LLC reserves the right to cancel any free or paid memberships, at any time, without notice.
While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100% accurate and up to date. Need24Care.com/background checks is a database of publicly available sources of information aggregated for your convenience. Advisors are available to help you navigate in finding care facilities in your area. Need24Care.com does not provide private investigator services and this information should not be used solely for facility screening or placement related purposes. Need24Care.com/background checks does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any search inquiry processed through our service. None of the facilities are in anyway affiliated with Need24Care.com/background checks.
SENIOR FOCUS LLC does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. SENIOR FOCUS LLC does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume the entire cost of all necessary maintenance, repair or correction. The information you obtain from this website may affect or be affected by legal issues, rights, and responsibilities that are regulated by federal, state, and/or local laws, statutes, ordinances, and regulations. It is your obligation, and not that of SENIOR FOCUS LLC and its affiliates, employees, contractors, agents and assigns, to ensure that the information and how you choose to apply it complies with any such laws, statutes, ordinances, and regulations. The user name and password utilized to gain access to the SENIOR FOCUS LLC website is for the sole use of its member. Transferring or sharing your username and/or password with anyone who is not a registered member of SENIOR FOCUS LLC is a violation of this agreement. In the event your username and/or password is transferred or shared with any unauthorized persons or companies, SENIOR FOCUS LLC reserves all rights to pursue all participants to the full extent of the law. SENIOR FOCUS LLC will pursue all criminal and civil remedies available. SENIOR FOCUS LLC reserves the right to deny membership to anyone. SENIOR FOCUS LLC reserves the right to cancel membership at any time and without cause. In the event SENIOR FOCUS LLC cancels a membership, the prorated amount of remaining annual membership dues shall be returned less any distributed promotional discounts.
SENIOR FOCUS LLC is committed to providing our members with the utmost in privacy and security. We abide by all industry guidelines and consistently monitor our management and operating methods in order to maintain our valued reputation and integrity. This is our promise to our members, vendors and marketing partners.
Security: In order to ensure security and protection of collected information, all employees are aware of our security policy and practices. Web security is constantly reviewed. Access to the information is limited and only obtained through code names and passwords. Any loss, misuse, or alteration of information is prohibited followed by appropriate action and termination of employee. This is to uphold our promise to our members and vendors. If you are a copyright owner and believe your copyrighted material has been used on this Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to Senior Focus, LLC 933 E. Stoneman Place, Chandler, AZ 85249 Attn: Administrator. Please include the following information: (1) a detailed description of the allegedly infringed copyrighted material, (2) a description of the location of such material on the Site, (3) your contact information, including address, telephone number, and email address (if any), (4) your statement that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law, (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf, and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert copyright infringement and to submit the statement.
Any rights not expressly granted herein are reserved. By using this site, member acknowledges and agrees that the information provided by SENIOR FOCUS LLC and its affiliates, employees, contractors, agents and assigns, is one of convenience only, and you do not rely on SENIOR FOCUS LLC and its affiliates, employees, contractors, agents and assigns, to provide you with advice concerning the facts and circumstances unique to your situation. If you are uncertain about the meaning or effect of any information provided by SENIOR FOCUS LLC, you agree that you will obtain outside counsel. DO NOT USE ANY INFORMATION PROVIDED BY SENIOR FOCUS LLC, IF YOU DO NOT FULLY UNDERSTAND THE CONSEQUENCES.
Information Collection – We collect the following data on SENIOR FOCUS LLC members:
Any information submitted by members on the SENIOR FOCUS LLC Membership Registration Form.
Credit Card and other payment information is encrypted and kept on secure servers
Any portions of the SENIOR FOCUS LLC web site visited by members and non-members
SENIOR FOCUS LLC monitors and collects usage on member activity in aggregate so that we can monitor our member’s usage of SENIOR FOCUS LLC services and better serve you
We collect this information through online forms, clickstream tracking and automatic logging files.
Your Personal Contact Information:
Use of non-personal information
Non-personal information collected at the Sites may be used and disclosed to improve the performance, functionality and content of the Sites. For example, we may collect and analyze collected aggregate information to determine how many visitors arrived at certain pages of the Sites, how long they stayed on those pages, and where they went afterwards. This information allows us to determine which pages might be the most interesting to our users and enables us to provide you with a richer experience on the Sites. Additionally, we may use non-personal information to improve the performance of the Sites and to customize the content, features and layout of the Sites pages for you.
Occasionally we share aggregate information with third parties, such as our advertisers and business partners, for marketing and promotional purposes.
LINKS TO THIRD PARTIES
Please be advised that we may provide links to third party Web sites from our Sites as a service to our users, but we have no ability to control, and are not responsible for, the privacy and data collection, use, and disclosure practices of such sites and the privacy policies of such Web sites may differ from the Sites. Therefore, we encourage you to review and understand the privacy policies of such Web sites before providing them with any information. These other Web sites also may send their own cookies to you, collect your data or solicit your Personal Information. Always be aware of where you end up. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to accept cookies, you also have the ability to later delete cookies that you have accepted. In Internet Explorer 8, you can delete cookies by selecting “Tools”, “Delete browsing history”. Then select the control box “Cookies” and click the “Delete” button. If you choose to delete cookies, any settings and preferences controlled by those cookies, including advertising preferences, will be deleted and may need to be recreated.
We use reasonable security measures to store and maintain Personal Information to protect it from loss, misuse, alteration or destruction by any unauthorized party while it is under our control. Please note that while we will make reasonable efforts to protect Personal Information, no transmission of data over the Internet is 100% secure. All Internet users should take care with how they handle and disclose their personal information. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to help protect yourself against identity theft.
THIRD PARTY ADVERTISING COMPANIES
We do not intend, and these Sites are not designed, to collect Personal Information from children under the age of 13. If you are under 13 years old, you should not register for our services or otherwise provide information on our Sites.
Correct and Update Information: SENIOR FOCUS LLC members may also update information by contacting SENIOR FOCUS LLC staff through e-mail, or by logging into your SENIOR FOCUS LLC account.
Street View imagery Google Maps / Google Earth images…
TERMS & CONDITIONS
Use To use or access to certain functionalities of the Application you need to register, either using your e-mail address or your Facebook account. In case you use a social network mentioned above, you authorize Need24Care to access and use certain information depending on the privacy settings that you have selected in the corresponding social network.
You agree to provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Application.
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with NEED24CARE, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
The service will allow different actions, including:
* Sharing with the rest of Users of Need24Care information, images, photos as well as other data or personal information.
* Putting products on sale as a seller User and making offers as a buyer User in order to buy or negotiate price products.
* Interacting with other users of Need24Care though a private chat and other ways to be implemented in the future.
* Sharing product offers in other platforms or social networks other than Need24Care.
By entering, executing using, downloading, accessing or using the Application or the Website you will automatically be considered a User (hereinafter the “User” or “you”) which requires the full acceptance of each and every provision included in this Terms and Conditions, in the version published by Need24Care at the time you access or use the Website or the Application.
Consequently, please, read carefully all the legal texts applicable to the use of the Website and the Application each and every time you intend to use them.
*If you do not wish to accept the present Terms and Conditions, please, do not use the Services and uninstall the Application from your device.
* The use of certain services offered on the Website or in the Application may be subject to Specific Terms and Conditions that, depending on the case, may substitute complete and/or modify this document. Therefore, prior to the use of such Services, you must carefully read the corresponding Specific Terms and Conditions.
* Need24Care reserves the right to modify, at any time and providing notice, this Terms and Conditions, so you are obliged to periodically review this Terms and to comply with the obligations set out in the current version in each moment.
Moderation You agree we may moderate NEED24CARE access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
WITHOUT LIMITING ANY OTHER REMEDIES, NEED24CARE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, AT ANY TIME: (1) TO MONITOR OR STOP MONITORING THE SERVICE, INCLUDING ANY USER’S USER CONTENT AND/OR USE OF THE SERVICE; (2) TO TEMPORARILY OR PERMANENTLY DENY ANY USER, INCLUDING YOU, FROM ACCESSING ALL OF OR ANY PART OF THE SERVICE; (3) TO SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT; (4) TO STOP PROVIDING THE SERVICE IN WHOLE OR IN PART, AT ANY TIME. NEED24CARE SHALL HAVE NO DUTY TO NOTIFY YOU OF ANY MONITORING, MODERATION, DENIAL, EXCLUSION, AVAILABILITY, OR UNAVAILABILITY OF THE SERVICE, OR OF ANY SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF ANY ACCOUNT, AND NEED24CARE IS UNDER NO DUTY TO COMPENSATE YOU FOR ANY LOSS ASSOCIATED THEREWITH.
Sales You authorize us to charge your account for NEED24CARE fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to NEED24CARE, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and NEED24CARE is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your NEED24CARE use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“NEED24CARE ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) NEED24CARE ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
Claims If you believe that the Service contains any content that infringes your copyright, please contact Need24Care’s Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
* Both the Website as the Application are intended to be used by adults, as defined under any applicable law in each specific case. If you are not an adult, you are not authorized to download the Application, register and create an account with us. If you are a minor, you need the permission of your legal representatives in order to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Please, if you are A minor and you do not have your legal representative’ permission, stop using the Website and uninstall the Application.
* You further warrant that you are an adult under the applicable law. In the event that the information you provide in this regard is not truthful, Need24Care shall not be liable as it cannot certainty verify the age of the Users.
* Need24Care may contact you at any time requiring you to prove your age using a photocopy of an identity card or equivalent. If you deny providing identification, Need24Care reserves the right to close your user profile and you will not be able to continue using the service or the Application.
* To sell or purchase via the Application any type of product, users are minors under applicable law will need the specific permission of their legal representatives.
*The Service is available only to persons that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not intended for, and may not be used by, people under the age of 18. By using our Service, you represent that you are over the age of 18.
Intellectual Property and Content
All of the Service’s content, meaning, by way of example, the text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source code (collectively, the “Need24Care Content”) are the intellectual property of Need24Care or third parties. You agree that you do not obtain any rights to the Service or any Need24Care Content, except for the limited license to use the same in accordance with these Terms.
You might encounter various trademarks, trade names, distinctive marks, or trade dress in the Service. These are the property of Need24Care or third parties. Use of the Service does not give you any rights over them. Appearance of a trademark, product, brand, or name in the Service does not imply that Need24Care has a business relationship, ownership, or endorsement thereof.
The Service may include various communication features where you can provide, submit, communicate, and/or share to Need24Care and/or other users your User Content, including your observations and comments. Need24Care cannot guarantee that other users will not use the ideas and information that you provide. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not provide it on the Service
Need24Care has no duty to evaluate, use, or compensate you for any ideas or information you may choose to provide (regardless of whether such provision is made through the Service, by email, or by any medium of communication), and Need24Care shall be free to use such information on an unrestricted basis.
The contents of the Application, including the design, applications, text, images and source code, are protected by intellectual and industrial property rights.
The contents of this Application, the database of users, the screenshots or the Website may not be used, reproduced, broadcasted, copied, processed or transmitted in any form without the prior permission in writing of Need24Care.
Need24Care assumes no responsibility for the intellectual or industrial property rights of the content that seller Users include in the offerings of its products.
You agree to be responsible for keeping your password safe and to accept any liability for damages that may arise from any use thereof, including assignment, disclosure, and/or loss thereof. Any use or access of the Service with your password will be considered to have been performed by you, and you will be responsible for said access and use.
No third-party provider of data or software applications (including but not limited to Apple, Google, or any other third party) endorses or takes responsibility for the Service or for Need24Care.
Security of the account
By opening an account you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your account. If you have knowledge that your password was compromised, you should inform us immediately in order to recover your account.
Warranty of products
Need24Care does not assume any responsibility nor warrants the products sold by using the Need24Care Application The transaction takes places and is decided exclusively between the buyer and seller, and Need24Care only provides the use of the application.
You may not assign any of your rights under these Terms, and any such attempt will be void. Need24Care may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
Exclusion of liability
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF NEED24CARE, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “NEED24CARE PARTIES”) WARRANT THAT THE SERVICE OR ANY NEED24CARE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE NEED24CARE PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO YOU OR YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ANY NEED24CARE CONTENT. YOUR USE OF THE SERVICE AND THE NEED24CARE CONTENT IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR THE NEED24CARE CONTENT IS TO STOP USING THE SAME.
User access to the Website or Application does not imply for Need24Care the obligation to monitor the absence of viruses, worms, or any other harmful technical element. It is you, in any case, the sole responsible for making available the adequate tools for the detection of harmful computer programs. Need24Care is not responsible for any damages incurred in the software and computers of users or third parties during the use of the services offered on the Website or the Application. Need24Care shall not be liable for damages of any kind that you are caused to bring cause of faults or disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of the Website or the Application.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICE. NEED24CARE IS A MERE INTERMEDIARY BETWEEN THE SERVICE’S USERS, SO IT ACCEPTS NO LIABILITY FOR THE USE THEY MAKE OF IT OR THE CONDITIONS OR SOURCE OF THE PRODUCTS OFFERED THROUGH THE SERVICE OR THE POSSIBILITY THAT THEY MAY BE INACCURATE, DEFECTIVE, OR FAKE. NEED24CARE DOES NOT REVIEW OR APPROVE ANYTHING THE USERS OFFER THROUGH THE SERVICE. NONE OF THE NEED24CARE PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN USERS OF THE SERVICE OR FOR ANY PRODUCTS THAT ARE THE SUBJECT OF ANY TRANSACTION MADE USING THE SERVICE. NONE OF THE NEED24CARE PARTIES ENDORSE ANY PRODUCT THAT IS THE SUBJECT OF ANY TRANSACTION MADE THROUGH THE SERVICE. NONE OF THE NEED24CARE PARTIES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. NEED24CARE AND THE NEED24CARE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
ANY COMPLAINT OR DISPUTE THAT MAY ARISE BETWEEN THE USERS OF THE SERVICE MUST BE RESOLVED BY THEM AND THEY SHALL HOLD THE NEED24CARE PARTIES ENTIRELY HARMLESS.
IN NO EVENT SHALL ANY NEED24CARE PARTY BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES, OR SAVINGS, EVEN IF SUCH NEED24CARE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE NEED24CARE PARTIES EXCEED $100 OR THE TOTAL AMOUNT PAID BY YOU TO NEED24CARE IN THE PRECEDING 12 MONTHS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE NEED24CARE’S PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Waiver of responsibility
Need24Care is a platform that brings together buyers and sellers of second-hand products. Need24Care is not the owner and has no control of the items for sale or sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between buyers and sellers and does not review the products that Users provide though the Application. As a consequence, Need24Care shall not be responsible, either directly or indirectly, for any disagreement between the parties.
All information of the products published on the Application or the Website has been built and published by the USER which is selling the product. Consequently, Need24Care cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller Users.
Any claim or dispute that may arise between Users of the Service shall be settled by them, committing themselves to hold Need24Care harmless.
Need24Care service is limited to employ the utmost diligence to ensure the proper technical functioning of the platform.
Need24Care shall in no case be responsible for the content operation and/or data protection or other terms referred to in other web sites or applications that may be accessed by the inclusion of a link on the Service, or the content, services or products offered on the same, unless such sites are owned by Need24Care. The hyperlinks contained in the Website or in the Application may lead to third party web sites. Need24Care may incorporate them to facilitate the navigation of the User, assuming no responsibility for the content, information or services that may appear on those sites, which will be exclusively informative and in no case imply any relationship between the third party and Need24Care.
Need24Care develops maximum diligence in the implementation of security measures, however assumes no responsibility or liability whatsoever with regard to the custody and proper use of the passwords for access to the WEB SITE, which will be the sole responsibility of the User.
YOU AGREE THAT YOU SHALL DEFEND, INDEMNIFY, AND HOLD THE NEED24CARE PARTIES HARMLESS FROM ALL CLAIMS, ACTIONS, OR DEMANDS AND RELATED COSTS, DAMAGES, AND LIABILITY (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH: BREACH BY YOU OF THESE TERMS; ANY USE OR MISUSE OF THE SERVICE USING YOUR CREDENTIALS OR UNDER YOUR ACCOUNT; ANY USER CONTENT PROVIDED BY YOU; AND ANY CLAIMS BROUGHT AGAINST ANY NEED24CARE PARTY BY ANOTHER USER OF THE SERVICE AS A RESULT OF ANY OF YOUR ACTS OR OMISSIONS; ANY INTERACTION OR DISPUTE WITH ONE OR MORE USERS OR FORMER USERS OF THE SERVICE. YOU AGREE TO HOLD NEED24CARE HARMLESS IN RELATION TO ANY CLAIM, FINE, PUNISHMENT OR PENALTY THAT IT MAY HAVE TO BEAR AS A CONSEQUENCE OF YOUR BREACH OF ANY TERMS OR RULES. NEED24CARE ALSO RESERVES THE RIGHT TO CLAIM DAMAGES.
For Sale function
Need24Care is not the owner and has no control of the items for sale or sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between buyers and sellers and does not review the products that Users provide though the Application. As a consequence, Need24Care shall not be responsible, either directly or indirectly, for any disagreement between the parties. All information of the products published on the Application or the Website has been built and published by the USER which is selling the product. Consequently, Need24Care cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller Users. Any claim or dispute that may arise between Users of the Service shall be settled by them, committing themselves to hold Need24Care harmless.
Need24Care service is limited to employ the utmost diligence to ensure the proper technical functioning of the platform.Need24Care shall in no case be responsible for the content operation and/or data protection or other terms referred to in other web sites or applications that may be accessed by the inclusion of a link on the Service, or the content, services or products offered on the same, unless such sites are owned by Need24Care. The hyperlinks contained in the Website or in the Application may lead to third party web sites. Need24Care may incorporate them to facilitate the navigation of the User, assuming no responsibility for the content, information or services that may appear on those sites, which will be exclusively informative and in no case imply any relationship between the third party and Need24Care.
Need24Care develops maximum diligence in the implementation of security measures, however assumes no responsibility or liability whatsoever with regard to the custody and proper use of the passwords for access to the WEB SITE, which will be the sole responsibility of the User.
If you believe your copyright-protected work was posted on Need24Care without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify Need24Care of alleged copyright infringement is via our webform: info@Need24Care.com
This policy details how data about you is used when you access our websites and services (together, “NEED24CARE”) or interact with us. If we update it, we will revise the date, place notices on NEED24CARE if changes are material, and/or obtain your consent as required by law.
- Protecting your privacy
- We take precautions to prevent unauthorized access to or misuse of data about you.
- We do not run ads, other than the classifieds posted by our users.
- We do not share your data with third parties for marketing purposes.
- We do not engage in cross-marketing or link-referral programs.
- We do not employ tracking devices for marketing purposes.
- We do not send you unsolicited communications for marketing purposes.
- We do not engage in affiliate marketing (and prohibit it on NEED24CARE).
- We do provide email proxy & relay services to reduce unwanted email.
- Please review privacy policies of any third party sites linked to from NEED24CARE.
- Data we use to provide/improve our services and/or combat fraud/abuse:
- data you post on or send via NEED24CARE, and/or send us directly or via other sites
- credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
- data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
- web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
- data collected via cookies (e.g. search data and “favorites” lists).
- data about your device(s) (e.g. screen size, DOM local storage, plugins).
- data from 3rd parties (e.g. phone type, geo-location via IP address).
- Data we store
- We retain data as needed for our business purposes and/or as required by law.
- We make good faith efforts to store data securely, but can make no guarantees.
- You may access and update certain data about you via your account login.
- Circumstances in which we may disclose user data:
- to vendors and service providers (e.g. payment processors) working on our behalf.
- to respond to subpoenas, search warrants, court orders, or other legal process.
- to protect our rights, property, or safety, or that of users of NEED24CARE or the general public.
- with your consent (e.g. if you authorize us to share data with other users).
- in connection with a merger, bankruptcy, or sale/transfer of assets.
- in aggregate/summary form, where it cannot reasonably be used to identify you.
International Users – By accessing NEED24CARE or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States. For more information please contact our privacy officer at Need24Care@gmail.com
- Collection and Use of Personally Identifiable Information
Personally identifiable information (“PII”) is information that can be used to identify an individual person. Examples of PII include a person’s name, home address, email address, or phone number. We may receive and store any PII that you provide on our Service, send to us in an email or voluntarily provide to us in any other way. As you use, access, or register for the Service, you may be asked to provide certain PII.
- Collection and Use of Non-Personal Information
Need24Care also collects data in a form that does not, on its own, permit direct association with an individual person. We may collect, use, transfer, and disclose non-personal information for any purpose. If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
- Automatic Data Collection
- Use of PII
Any PII you provide to Need24Care may be used by Need24Care for the following purposes:
- to make it possible to provide the Service;
- to answer your queries;
- to keep you informed, including by electronic means, about news, products, and services of Need24Care and its affiliates; and
- to keep you informed, including by electronic means, about news, products and services from third parties.
Need24Care, like many businesses, sometimes hires third parties to perform certain business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When Need24Care employs a third party to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include PII of users. Need24Care requires such third parties to maintain the confidentiality of such information and use such information only as necessary to provide Need24Care with designated services.
If Need24Care or all or substantially all of its assets are acquired, the information that Need24Care has collected, including without limitation PII, may be transferred along with our other business assets.
Need24Care may disclose any information, including, but not limited to, PII, to government authorities, and to other third parties when compelled to do so by government authorities, at Need24Care’s discretion, or otherwise as required by law, including but not limited to responses to court orders and subpoenas. Need24Care may also disclose PII, when Need24Care has reason to believe that someone is causing or may cause injury to or interference with Need24Care’s rights or property, other users of the Service, or anyone else that could be harmed by such activities.
Need24Care reserves the right to pass your PII on to third parties so that they may send you commercial communications, including by electronic means, concerning news, products, and services. Said third parties may be located in any country in the world with the international transfer of data to which that gives rise. You may opt-out of Need24Care sharing your PII with third parties for marketing purposes at any time by sending an opt-out request to Need24Care at support@Need24Care.com.
In order to make it possible to manage and provide the Service, Need24Care may also share your PII with any of the companies in its company group. Said companies may be located in any country in the world, with the international transfer of data to which that gives rise. You may view the identity and location of said companies at the website www.Need24Care.com.
International Transfer of Data
Certain cookies used by the Service and their purposes are described below:
Analysis cookies (Google Analytics): these are processed by a third party and allow us to quantify the number of users and to carry out statistical measurement and analysis of the use users make of the Service. Your use of our Services is thus analysed in order to improve our products and services. Data obtained through these kinds of cookies may remain stored on your computer and may be processed whenever you access the Service until the cookies expire or you delete them.
If you have any questions, complaints, or comments regarding this Policy, please contact us by mail to info@Need24Care.com.
- Ownership of the database
You are hereby informed that all the personal data you provide us through the Website or the Application will be processed in a database owned by Need24Care. The service is provided by SeniorFocus, LLC.
- Website, Application and Services covered by this Policy
2.1. We currently operate the website www.Need24Care.com (the “Website”) as well as the Application, collectively (“Services”). From time to time, we may add new Services that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.
- What personal information we collect from you
3.1. We do not collect any personal information from you unless you provide it to us in one of the ways discussed in this Policy. You may provide us this information directly through our Services. If you decide to provide us your personal information (e.g., name, email address, mailing address, photos) we will collect only the personal information that is needed to fulfill your requests and our legitimate business objectives. If you refuse to divulge your personal information when requested, you may not be able to access certain areas as part of the Services (such as the ability to buy and sell products).
3.2. You consent Need24Care, through the Application, to get your geolocation data through your mobile device in order to record and publish information on your position and to show you products offered by users close to you. In addition you hereby consent that Need24Care collect your telephone number, and the IMEI and serial number of your device in order to obtain proof of your identity. You also consent to all potential uses of ad, including the uploaded photo or image as well as any other data (including name and location), by Need24Care for advertising purposes, including social media, Facebook ads, newsletters and ads for any media, free of charge. The registration and publication of this information may be revoked by the user at any time through your mobile device privacy settings but it may affect the possibility of being a USER of the App and the services offered by Need24Care.
- Memberships and Registration
4.1. To use the Application you need to register, either by providing us your e-mail address or your Facebook account. In case you choose Facebook, you authorize us to access and use certain information depending on the privacy settings that you have selected in the social network. Examples of personal data that we compile and use include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share.
4.2. We will require you to provide us information such as a profile picture, name and surname and email address for purposes of making available that information on the Application and on the Internet. You may visit some areas of the Services as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering.
4.3 You warrant that the information provided to us is accurate and current and that corresponds to your identity and you have the right to post it. All the requested data in the forms on the Application that do not appear as optional are mandatory for the purpose of managing effectively the relationship with Need24Care.
- Public information
5.1. You expressly agree that all your personal data, images, checks-ins or registration in places and any other data or information contained in your account associated with the implementation of Need24Care may be published and made available to the rest of users.
5.2. Please note that your user name and your public photo will be available to the Internet’s general public while you participate in some Services, such as publishing products, so you should exercise discretion when using the Services. Personal information disclosed by you may be collected by other users of such Services and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through our Services (e.g. sending your telephone number to another user through the Services). To the extent that you use a profile that may be available to others on our Services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions provided on our Services.
- Email Newsletters
- What non-personal information we collect from you
7.1. In many cases, Need24Care will automatically collect certain non-personal information about your use of its Services. Need24Care might collect, among other things, information concerning the operating system you are using, the domain name of your Internet service provider and your “click path” through the Sites or the Application.
- Information on cookies and related technology
8.1. Need24Care Services may contain “cookies.”
- How you may access, delete or change the information you have provided to us
9.1. You can exercise your rights to access, rectify, erase and object the processing of your personal data at any time by sending a writing request to Need24Care’s above mentioned address or to the following e-mail address: privacy@Need24Care.com.
9.2. In order to properly attend your request, please attach all your personal data (name, surname, postal address, telephone, e-mail address and any other contact detail that we can use to verify your identity and contact you) and a copy of you ID card or a photo-ID. All our communications with you will be delivered with the highest available reserve and confidentiality levels.
- Our commitment to secure the personal information we have collected
Despite we undertake to take on the state-of-the-art security measures that we consider necessary to warrant the security and privacy or your personal data, no website or Internet transmission is completely secure. Consequently, Need24Care cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Application and Services is at your own risk. Need24Care urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place.
- TRANSFER OF YOUR PERSONAL DATA
- Notice of changes to the Policy
Need24Care reserves the right to modify this Policy at any time by notifying registered users via e-mail or the Application of the existence of a new Policy and/or posting the new Policy on the Services. All changes to the Policy will be effective when posted, and your continued use of any Need24Care Services after the posting will constitute your acceptance of, and agreement to be bound by, those changes.