My Caring Plan
TERMS AND CONDITIONS
These Terms and Conditions (“Terms” or “Agreement”) governs your use of My Caring Plan’s use any of our services, use our mobile application, or visit our websites, including mycaringplan.com, (“the Site”, “the Service”, “Services”, “Website”). By accessing or using our Services you signify that you have read, understand, and agree to be bound by these Terms and Conditions. These Terms and Conditions apply to all users of the Site, including browsers. You must be at least 18 years old or older to gain access to our website and its content. As used herein, “You, “User” or “Users” means anyone who accesses and/or uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.
This Agreement includes a mandatory arbitration provision, which among other things means that you are waiving your right to resolve disputes on a class basis. Instead all disputes must be resolved pursuant to the provisions of Section 12 below through arbitration on an individual basis.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These Terms and Conditions were last updated on November 30, 2022.
Section 1 – Access to the Service.
1.1. Subject to your acceptance of and compliance with this Agreement, Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.
1.2. Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. Company may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
Section 2 – Usage Rules.
When communicating directly with members of our team or our Service Providers, you agree to be respectful and kind. If we feel that your behavior towards any of our team members or Service Providers is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Services.
You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all of costs, expenses and fees (including all attorney’s fees) arising from or relating to your breach.
Section 3 – Privacy and Protection of Personal Information.
Businesses whose information is displayed through our website may request the correction, update, or deletion of their information by contacting us at [email protected]. We reserve the right to request reasonable documentation from the business to confirm the validity of the request and to decline the request within our sole discretion.
Section 4 – Third Party Service Providers.
Part of our Services is providing our users with information related to medical care facilities, such as when a user requests a quote for medical services through a form submission on the website. This may be accomplished either through My Caring Plan contacting you directly to provide the information or by providing our third-party service providers (“Service Providers”) with your information and those Service Providers contacting our users. These Services Providers may be an intermediary company who then contracts with the relevant care provider or we may share the information directly with the care provider. We may be compensated in connection with such disclosure.
The Services may also provide Users with hyperlinks to other Internet sites or resources, including hyperlinks provided by third-party advertisers and sponsors to the Service. We make no representation or warranty as to those sites and resources, or the advertising material presented by third-party advertisers and sponsors through the Service. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any such site or resource.
You may link to the Site, unless notified otherwise in writing by the Company. However, You may not frame the Site in a manner that may cause confusion to Our customers, nor may You interfere or attempt to interfere in any way with the operation of the Site, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any Site security features.
Section 5 – Intellectual Property.
The information available through the Service is the property of the Company or its third-party licensees and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of the Company. All copyrights and other intellectual property rights in the Site, including without limitation all written and graphical content included in the Site, are owned by the Company. The My Caring Plan logo, and any other marks used on the Site are trademarks of My Caring Plan, Inc. Such marks may not be used without the prior written consent of the Company. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
If you elect to submit to Company any authorship or comments, reviews, feedback, suggestions, ideas and other submissions in connection with your use of or otherwise relating to the Service, whether in writing or orally (collectively, “Submissions”), you agree in consideration of your use of the Service that Company may use such Submission (including reproduce, distribute, perform and display), modify such Submission, and act on such Submission (by displaying the Submission, executing on an idea, practicing a process, making, offering and selling a product, or creating further ideas, processes or products from or incorporating your Suggestion), in each case without owing any royalty or otherwise accounting to you, and you agree to not assert any right you may have in such Suggestion against Company or any party Company authorizes to act on the foregoing rights or any successor-in-interest to Company. You agree such rights may be exercised or further authorized anywhere in the world and will survive any termination of your account(s), the Service, or this Agreement. You represent and warrant that any Submissions are your original creations, that you have all rights to the Submissions, and that the Submissions do not infringe or violate the rights of any party, including without limitation any intellectual property rights or rights or privacy or publicity.
Section 6 – Telephone Consumer Protection Act of 1991 Consent
By providing your information and requesting a quote for services (e.g. submission of a request form on our website), You expressly consent to be contacted by Us, our agents, representatives, affiliates, Service Providers, or anyone calling on our behalf for any and all purposes arising out of or relating to your use of our Services at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else.
If You do not wish to be contacted, you should not provide your information to Us.
This consent is granted in compliance with the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission’s implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule, including the August 2008 Amendment at 16 CFR Part 310, and any other similar Federal or State laws.
You represent and warrant that Your use of our Services will not violate these or any other applicable anti-solicitation laws.
Section 7 – The Information Provided Through the Services are for Information Purposes Only
The information provided through the Service is for informational purposes only. We are not medical professionals and we do not provide medical advice. The information is not a substitute for medical, financial, legal, or other advice provided by a professional. You agree to assume the risk of any decision made based on the information provided through the Service.
We are not an insurance provider, financial institution or other medical service provider. Our Service is to connect users with third parties who may be relevant to our user’s needs based on the information they have supplied to us.
We do not guarantee any representations or warranties regarding the costs, quotes, information, rates, coverages, or services offered or made available through our Service or by our Service Providers. All quotes or costs provided are subject to change until the User enters into a contractual relationship with the Service Provider or the relevant medical service provider. We do not guarantee that the quotes or costs provided are the best available.
Section 8 – Digital Millennium Copyright Act (DMCA)
8.1 We respond to all DMCA notices alleging copyright infringement. Please keep in mind that we are not responsible for the content of third-party websites. If you are a copyright owner or an agent thereof and believe that any content available on the Site or through the Service infringes upon your copyrights, you may submit a notification by providing Us the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Us to locate the material;
- Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may submit this notice to My Caring Plan, Inc. at [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.
7.2 Counter-Notice. If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to use the content you may send a counter-notice containing the following information to US:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Us, We may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Section 9 – Disclaimers; Limitations; Waivers of Liability.
9.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MY CARING PLAN PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE MY CARING PLAN PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE MY CARING PLAN PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN ONE HUNDRED DOLLARS.
9.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 10 – Release.
You forever release, discharge, and covenant not to sue the My Caring Plan Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the My Caring Plan Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the My Caring Plan Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of the Service, this Agreement, or your use of the Services.
Section 11 – Indemnification.
You agree at all times to indemnify, defend and hold harmless the My Caring Plan Parties harmless from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or the consequences of any choices you make in reliance on or based on information on this site.
Section 12 – Governing Law and Dispute Resolution.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Delaware, and applicable federal law, without regard to any conflict of law provisions. Subject to the mandatory arbitration provisions below, You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Middlesex County, MA. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, shall be resolved by final and binding arbitration in Middlesex County, MA under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 13 – Severability.
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 14 – Miscellaneous.
(a) Company operates and controls the Service from its offices in the United States of America. Company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. (g) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 15 – Statute of Limitations.
Section 16 – Entire Agreement.
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 17 – Contact Information.
Questions about the Terms and Conditions should be sent to us using the contact us at [email protected]