Please read these terms and conditions of use (“Terms”) carefully before accessing, using or obtaining any materials, information, products or services. By accessing the Things2Day(T2DAY) website, mobile or tablet application, or any other feature or other T2DAY platform (collectively “Our Website”) you agree to be bound by these terms and conditions (“Terms”). If you do not accept all of these Terms, then you may not use Our Website. In these Terms, “we”, “us”, “our” or “Things2Day” refers to Things2Day and you” or “your” refers to you as the user of Our Website.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.
- We do not sell Products or Give Advice
Our Website is an elderly care search engine. T2DAY does not provide, own, control or endorse any of the elderly care services, products, or content that you can access through Our Website (collectively, the “Products”). The Products are owned, controlled or made available by third parties (the “Providers”). The Providers are responsible for the Products and all representations concerning their Products. The Provider’s terms and privacy policies apply to your purchase, so you must agree to and understand those terms. Further, the terms of the actual Provider apply to your purchase, so you must also agree to and understand those terms. Your interaction with any Provider accessed through Our Website is at your own risk and T2DAY does not have any responsibility should you not be satisfied, in any way, with your purchase.
The display on Our Website of a Product or Provider does not in any way imply, suggest, or constitute a recommendation by T2DAY of that Product or Provider, or any sponsorship or approval of T2DAY by such Provider, or any affiliation between such Provider and T2DAY, or the accuracy of any representation made by any Provider.
T2DAY hosts content generally available on websites or obtained from Providers. T2DAY is in no way responsible for the accuracy, timeliness or completeness of such content. Since T2DAY has no control over the Products and does not verify the content uploaded from the Providers, it is not possible, nor do we, guarantee the information displayed on Our Website.
- Intellectual Property
We, the Providers and other licensors own all of the text, images, software, trademarks, service marks or other material contained on Our Website. You will not copy or transmit any of this material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-T2DAY products, services, or T2Day designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.
- Use of Our Website
You may only use, or register to become a user, of Our Website if you are of sufficient legal age and can enter into binding contracts. If you use, or become a registered contributor to Our Website, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your search or other history. All information that you provide to us must be accurate and up-to-date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your personal information.
If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
You may only use Our Website to search for information and products. You may not use Our Website to make any false or fraudulent statements. By using Our Website, you agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of T2DAY:
- (i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of T2DAY pages in a search index. ;
- (ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
- (iii) deep-link to any portion of Our Website for any purpose;
- (iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment or the computer or network equipment of our Website host.;
- (v) sell, trade, resell or exploit Our Website;
- (vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
- (vii) post or distribute any material on Our Website that violates the rights of any third party or applicable law;
- (viii) use Our Website to collect or store personal data about others;
- (ix) use Our Website for any commercial purpose;
- (x) transmit any ad or promotional materials on Our Website; or
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.
- Your intellectual property rights
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please send us a written notification to our address listed in Section 11.
- Warranty disclaimer
Our Website, as well as all content, services and Products provided on Our Website are provided on an “as is” and “as available” basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available Providers and Products. Accordingly, we do not always display the most up to date information, or the most accurate information. T2DAY expressly disclaims to the fullest extent permissible all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance
- Our liability is limited
We (together with our members, officers, directors, employees, representatives, shareholders, affiliates, and Providers) to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, or your downloading of any content from Our Website; (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, or its content; (ii) any failure or delay; or (iii) the performance or non performance by us or any Provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you; (iv) any representations made on Our Website; and (v.) any of the Products described, mentioned, or listed on Our Website.
- You Agree to Protect Us
Subject to these Terms, you will defend, indemnify and hold us and each of our members, officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, or the Intellectual Property on Our Website.
- Arbitration and Waiver
If You intend to seek arbitration, You must first send to the T2Day, by certified mail, a written Notice of Dispute (“Notice”). The Notice to T2Day must be sent to the address contained in Paragraph 11. The Notice shall describe the nature and basis of the claim or dispute and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless T2Day and You agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against T2Day in accordance with this section (but not for any arbitration claim against you) T2Day will pay one half of the administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, T2Day will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST T2DAY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND T2DAY.
- General Requirements
We may change Our Website and these Terms at any time, in our sole discretion and without notice to You. You are responsible for remaining knowledgeable about these Terms. Your continued use of Our Website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and if you are a registered user, by cancelling your account and your access to your account.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. One or more patents may apply to this site and to the features and services accessible via the site.
If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court, or arbitrator finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website.
To the extent permitted by law, the laws of the State of Delaware (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, or these Terms even if such legal action is prohibited by these terms or these Terms, or our services, you agree to file such action only in the state or federal courts located in Wilmington, Delaware (USA); if you are a consumer, the law may allow you to bring proceedings also in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action.
- Your Feedback
We encourage you to share your comments and questions with us but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future T2DAY products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of T2DAY. Further, by submitting Feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
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February 16, 2017