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CareXO.com

Terms & Conditions
 

The following terms and conditions govern all use of the CareXO.com website and all content, services and products available at or through the website, including, but not limited to, CareXO.com (“CareXO”) and the PlaySafe apps (taken together, the Website). The Website is owned and operated by CareXO. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CareXO's Privacy Policy and procedures that may be published from time to time on this site (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CareXO.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your CareXO.com Account and Site.If you create a profile on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or misuse information provided by this website in a misleading or unlawful manner, including in a manner intended to trade on the name or seek the damage the reputation of others, and CareXO.com may change, block, or remove any actions or behavior, description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause CareXO.com liability. You must immediately notify CareXO.com of any unauthorized uses of your profile, personal ID, your account or any other breaches of security. CareXO will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
     
  2. Payment and Renewal
    • CareXO.com is currently Free of Charge
      During its initial stage and promotion, CareXO.com does not charge for its services. In the event of subscription promotions and packages all current users will be notified of policy and use changes and/or fees required to maintain your CareXO.com account.
    • We reserve the right
      At any time to charge fees for access to new Service content or services or to portions of the existing Service content or services or to the Service as a whole. In no event will you be charged for access to any Service content or service, or to the Service as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or services.
    • General Terms.
      By creating an account you agree to pay CareXO.com the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated. Monthly fees once charged are not refundable. Annual fees may be prorated after the completed month of termination.
    • Automatic Renewal.
      Unless you notify CareXO.com before the end of the applicable subscription period that you want to cancel subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Subscription section of your profile.
       
  3. Responsibility of Website Visitors.CareXO.com does not review, and cannot review, and will not review all of the private information, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, CareXO.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The medical information and test results are provided directly by the medical faculties, physicians, laboratories, medical professionals and test centers and bear responsibility for its accuracy. You are responsible for taking precautions as necessary to protect yourself and your partner by practical and responsible means, regardless of posted test results. CareXO.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any activities continued offline by those visitors relative to the content here posted.
  4. Content Posted on Other Websites.We have not reviewed, and cannot review, all of the material, made available through the websites and webpages to which CareXO.com links, and that link to CareXO.com. CareXO.com does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, CareXO.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. CareXO.com disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.
     
  5. Changes. CareXO.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. CareXO.com may also, in the future, offer new services and/or features through the Website (including, subscriptions, the release of new tools, options and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
     
  6. Termination. CareXO.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CareXO.com account (if you have one), you may simply discontinue using the Website, or cancel your subscription (if currently subscribed). Notwithstanding the foregoing, if you have a  paid subscription account, such account can only be terminated by CareXO.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from CareXO.com’s notice to you thereof; provided that, CareXO.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
     
  7. Disclaimer of Warranties.The Website is provided “as is”. CareXO.com and its contracted facilities, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CareXO.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
     
  8. Limitation of Liability. In no event will CareXO.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CareXO.com under this agreement during the twelve (12) month period prior to the cause of action. CareXO.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

    In no event shall the company, the information providers or any other person or entity involved in creating or distributing the service be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use of or inability to use the service, any changes to the service or this agreement, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service. The company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the web site or the services, content or materials available on or through the service, your sole and exclusive remedy is to discontinue using the service. The foregoing limitations on liability shall be applicable even if the company or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
     
  9. General Representation and Warranty.You represent and warrant that (i) your use of the Website will be in strict accordance with the CareXO.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
     
  10. Indemnification.You agree to indemnify and hold harmless CareXO.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
     
  11. Miscellaneous.This Agreement constitutes the entire agreement between CareXO.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of CareXO.com, or by the posting by CareXO.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitrary decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; CareXO.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.