This online service (the "Service") is provided to facilitate transactions pertaining to healthcare and related services between beneficiaries and funders in the Diaspora. DiaspoCare, LLC. is owned and operated by DiaspoCare, LLC., whose principal office is located at 2147 University Avenue West, Suite 109, Saint Paul, Minnesota 55443 (the "Company"). In this document, wherever applicable, “We,” “Us,” “Our,” “DiaspoCare” or “Company” is used interchangeably.
This Terms of Service is an agreement ("Agreement") made between You and Us. This Agreement is subject to amendments from time to time and applies to all users of the Company's websites (the "Websites"). We will use "You,” “Your,” or “Yourself” interchangeably.
You may not use the Service if you are under the age of 18 or you are not able to form legally binding contracts. Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a Company member (a "Member" or “Subscriber”), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member or use the Service. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
1. Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By signing up and registering, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
2. USE OF THE SERVICE
- Exclusive Use. Your account is for your use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DiaspoCare is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information you contribute to the Service; and (ii) the information you transmit, publish, or otherwise make available (hereinafter "post") through the Services.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline transactions.
- Reporting of Violations. You will promptly report to DiaspoCare any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal. DiaspoCare reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. DiaspoCare will have the right to remove any such information or material that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
- No False Information. You will not provide inaccurate, misleading or false information to DiaspoCare or to any other user. If information provided to DiaspoCare or another user subsequently becomes inaccurate, misleading or false, you will promptly notify DiaspoCare of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services, unless you have a separate understanding, which may include an agreement, with DiaspoCare in that regard.
- No Harassment of DiaspoCare Employees or Agents. You will not harass, annoy, intimidate or threaten any DiaspoCare employees or agents engaged in providing any portion of the Services to you.
3. PROPRIETARY RIGHTS
- Ownership of Proprietary Information. You hereby acknowledge and agree that DiaspoCare is the owner of highly valuable proprietary information, including without limitation, the protected Service and other provisions by Us (collectively, "Confidential Information"). DiaspoCare owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users' Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any DiaspoCare or third party proprietary information available via the Services or the Site.
- License to Posted or Accessed Content. By posting information to any pages or public area of the Services, or making it accessible to us by linking your DiaspoCare account to any of your social network accounts (e.g. via Facebook), you automatically grant, and you represent and warrant that you have the right to grant, to DiaspoCare and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. USER INFORMATION
- Disclosure By Law. You acknowledge and agree that DiaspoCare may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend DiaspoCare's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
- Use of Anonymous Information for Research. By using the Services, you agree to allow DiaspoCare to anonymously use the information from you and your experiences through the Services to continue DiaspoCare's research into successful relationships and to improve the Services. This research, conducted by research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. DISCLAIMER OF WARRANTY
- No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DiaspoCare PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DiaspoCare DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. DiaspoCare DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Diaspocare.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DiaspoCare DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DiaspoCare. UNDER NO CIRCUMSTANCES WILL DiaspoCare BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
6. LIMITATION OF LIABILITY
- Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DiaspoCare BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DiaspoCare KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL DiaspoCare's AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID DiaspoCare FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- No Liability for non-DiaspoCare Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DiaspoCare BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. DiaspoCare and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that DiaspoCare and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless DiaspoCare, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. DiaspoCare reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DiaspoCare in asserting any available defenses.
8. COMPLAINTS/LAW ENFORCEMENT CONTACTS
To resolve a complaint regarding the Service, you
should review our Frequently Asked Questions (FAQ) by clicking on the
FAQ link located at the top of any page of the DiaspoCare website, or
e-mail us by clicking here. Law enforcement officials may contact
DiaspoCare via e-mail at email@example.com for correspondence (such as
subpoenas, court orders and warrants).
9. COMMUNICATION AND PRIVACY
10. TERM AND TERMINATION.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or DiaspoCare may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. DiaspoCare reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees or costs then paid to DiaspoCare by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: DiaspoCare, LLC., 2147 University Avenue West, Suite 109, Saint Paul, Minnesota 55114, USA.
- Cancellation At Any Time. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the "Account Settings" page and providing the information requested.
- Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability.
i. If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
ii. "Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to DiaspoCare.com.
- Arbitration of Disputes. You and DiaspoCare agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of DiaspoCare (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of DiaspoCare’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which DiaspoCare may elect to have resolved by means other than arbitration. Notwithstanding the above, DiaspoCare is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND DiaspoCare AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
- No Class Actions. YOU AND DiaspoCare ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor DiaspoCare agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
- Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with DiaspoCare, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
- Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
- Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
13. GENERAL PROVISIONS
- Right to Seek Injunction. Violation of this Agreement may cause DiaspoCare irreparable harm, and therefore agree that DiaspoCare will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that DiaspoCare may have for a breach of this Agreement.