Terms of Use

These Terms of Use shall govern the use of the services (the "Service") offered by TheCaringSpace.com LLC ("TheCaringSpace.com") at the TheCaringSpace.com web site, and all associated web pages, applications and services (the "Site"). Please read these Terms of Use before using the Site. Use of the Site constitutes an agreement to all terms and conditions in these Terms of Use. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in these Terms of Use. If you object to anything in these Terms of Use or the Privacy Policy, www.thecaringspace.com/page/privacy_policy, do not use the Site or the Service. These Terms of Use are subject to change at any time, effective upon posting on the Site, and your use of the Service after such posting will constitute acceptance by you of such changes.

General Terms

TheCaringSpace.com Connects Care Providers (Caregivers) and Care Recipients (CareSeekers)

TheCaringSpace.com is a communications platform for enabling the connection between individuals seeking services ("Care Recipients") and/or individuals seeking to provide services ("Care Providers") (collectively, together with all other visitors to the Site, "Users"). Users do hereby represent, understand and expressly agree that TheCaringSpace.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Care Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Care Recipients. All Users do hereby expressly agree not to hold TheCaringSpace.com (or TheCaringSpace.com's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site and TheCaringSpace.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

Transactions

Users of the Site contract between themselves. TheCaringSpace.com does not procure, offer, promise or attempt to secure contract for services on behalf of Users, and serves only as a platform for enabling User connection. TheCaringSpace.com is not involved in transactions for care services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. TheCaringSpace.com will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to forever release and hold TheCaringSpace.com harmless from any claim or controversy that may arise from any disputes between Users of the Site. TheCaringSpace.com will use reasonable commercial efforts to monitor User profiles, actions, comments, and general usage of the Site and suspend privileges from any User not adhering to policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any Users to TheCaringSpace.com immediately by notifying TheCaringSpace.com of the same via electronic correspondence at support@TheCaringSpace.com.

Public Areas

If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are relevant and proper to the applicable forum. Any usage of the Site by any User that TheCaringSpace.com finds inappropriate and/or offensive in its sole discretion may result in immediate suspension or revocation of the privilege to use this Site. TheCaringSpace.com reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all. Users agree not to:

§  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.

§  Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.

§  Use the Site for any purpose which is in violation of local, state, national, or international law.

§  Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.

§  Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer.

§  Advertise or offer to sell any goods or services for any commercial purpose on the Site which are not relevant to the services offered on the Site.

§  Conduct or forward surveys, contests, pyramid schemes, or chain letters.

§  Impersonate another person or allow any other person or entity to use User's identification to post or view comments.

§  Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.

§  Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.

§  Restrict or inhibit any other User from using and enjoying the Public areas.

Eligibility

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United States and may legally work within its jurisdiction. This Site is not available to anyone who has been convicted of a felony or any criminal offense characterized as a sexual offense, or for anyone with an open police investigation that involves a felony or any criminal offense characterized as a sexual offense. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, open police investigations, eligibility for employment in the jurisdiction of the United States, and/or experience of any User of this Site is not the responsibility of TheCaringSpace.com. Any such misstatements and/or misrepresentations are grounds for immediate termination of all membership rights to the Service and TheCaringSpace.com reserves the right to take appropriate legal action, including without limitation, the pursuit of civil, criminal, and/or injunctive redress. TheCaringSpace.com does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any User of this Site. Users do hereby represent, understand, and agree to forever release and hold TheCaringSpace.com harmless from any misstatements and/or misrepresentations made by any Users of this Site.

Links and Account Information

All Users do hereby agree to be the sole, authorized user of their account, and to be responsible for all use of their account.  TheCaringSpace.com has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should any user suspect that any unauthorized party may be using their account, User does hereby agree to contact TheCaringSpace.com immediately. Links (such as hyperlinks) from TheCaringSpace.com to other sites on the Web do not constitute the endorsement by TheCaringSpace.com of those sites or their content. User acknowledges that these links are provided as an information service, for reference and convenience only. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. User acknowledges that TheCaringSpace.com does not control such websites, and is not responsible for their content, and that the existence of such links on the Site to such websites (including without limitation external websites that are framed by the TheCaringSpace.com Site as well as any advertisements displayed in connection therewith) does not mean that TheCaringSpace.com endorses any of the material on such websites, or has any association with their operators. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by TheCaringSpace.com's Terms of Use and Privacy Policy. User agrees that User accesses such third-party websites at User's own risk. TheCaringSpace.com expressly disclaims any liability derived from the use and/or viewing of any websites or other material associated with links that may appear on this Site. All users do hereby agree to hold TheCaringSpace.com harmless from any liability that may result from the use of links that may appear on the Site.

COPPA Compliance

TheCaringSpace.com is intended for people 18 or older. We have also made an effort to specifically limit TheCaringSpace's appeal to people of age 18 or older. TheCaringSpace.com will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. TheCaringSpace.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, TheCaringSpace.com does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Site. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.

Non-Solicitation

The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing care services. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with TheCaringSpace.com without express permission from TheCaringSpace.com. Should TheCaringSpace.com find that you violate the terms of this section or any terms stated herein, TheCaringSpace.com reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Commercial Use Prohibition

The Site is for the personal use of individual Users only and may not be used in connection with any commercial endeavors without the express consent of TheCaringSpace.com in advance. Organizations, companies, and/or businesses may only register as an agency or advertiser and should not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from TheCaringSpace.com is obtained in advance. TheCaringSpace.com reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress in the event that any User violates the terms of this section. Use of the Site is with the permission of TheCaringSpace.com. TheCaringSpace.com reserves the right to terminate your use of this Site at its sole discretion at any time.

Specific Terms and Conditions

TheCaringSpace.com is only a venue through which User connections are initiated.

TheCaringSpace.com is a communications platform for enabling the connection between Users. TheCaringSpace.com does not take part in the interaction between Users. TheCaringSpace.com does not have control over the quality, timing or legality of services actually delivered by its Users. TheCaringSpace.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet, TheCaringSpace.com cannot confirm that each User is who they claim to be, however, TheCaringSpace.com has established a forum for Users to provide references. TheCaringSpace.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. TheCaringSpace.com does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site.

Release

Because TheCaringSpace.com is not involved in the actual contact between Users, in the event that you have a dispute with one or more Users, you hereby forever release and hold TheCaringSpace.com (and our officers, directors, agents, investors, subsidiaries, and employees) harmless from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Information Provided by Users

Users are responsible for providing accurate, timely and complete information to TheCaringSpace.com in connection with their registration for and use of the Site. TheCaringSpace.com is not responsible for any claims relating to any inaccurate, untimely, or incomplete information provided to us. Users represent and warrant that they are the owner or a licensee or otherwise have the right to provide any information or materials (including pre-existing materials) that they post or transmit for use in Public Areas. Users hereby grant TheCaringSpace.com an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit, create derivative works from and distribute any information or materials they post in Public Areas. As set forth in TheCaringSpace.com's Privacy Policy, any submissions to Public Areas will be public, and TheCaringSpace.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

Your Information

"Your Information" is defined as any information you provide to us or other Users through the Site. You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to your Information, you hereby represent and warrant to TheCaringSpace.com that your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for TheCaringSpace.com or cause TheCaringSpace.com to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable TheCaringSpace.com to use the information you supply us with, so we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in your Information, in any media now known or not currently known. TheCaringSpace.com will only use your Information in accordance with our Privacy Policy.

Third Party Verification Services

TheCaringSpace.com may make available to Users one or more third party verification services ("Verification Services") that enable Users to verify an individual's information, including, but not limited to, the person's credentials, criminal background, and credit history. Use of the Verification Services is voluntary. TheCaringSpace.com does not certify that it will monitor in any way the information provided by such Verification Services as TheCaringSpace.com is merely a conduit. Further, TheCaringSpace.com does not endorse or make any representations regarding the reliability of the Verification Services or the accuracy of any information provided through such Verification Services.  You agree that TheCaringSpace.com shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation yourself, is not accurate.

Fair Credit Reporting Act

If you use a Verification Service, you hereby warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681 ("FCRA"), which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf. TheCaringSpace.com is merely a conduit for the information returned from a Verification Service, and in no way participates in, nor has control of, the use of that information. Users must comply with the FCRA at all times, just as they would if they did not use TheCaringSpace.com as the conduit for this information. TheCaringSpace.com does not assume and expressly disclaims any liability that may result from the use of this information.

Billing and Payment Policy

Care Recipients are obligated to pay for the services of the Site, unless specifically notified otherwise. Care Recipients have two subscriptions to choose from: (1) an annual subscription, which has a subscription term of 365 days, and is $79.99, and (2) a monthly subscription, which has a subscription term of 30 days and is $29.99 for the first month and $9.99 every month thereafter. This price structure may change in the future, but Care Recipients lock into the term and price of the subscription they choose upon registration. There are premium add-on features available to all Users for an additional fee. Corporate Members have two subscriptions to choose from: (1) an annual subscription, which has a subscription term of 365 days, and is $2,500 per year, and (2) a monthly subscription, which has a subscription term of 30 days and is $300. The rates in this section may be altered by any promotion selected at the time of registration. For all fees, TheCaringSpace.com will charge the User's credit card according to the agreed-upon fee between User and TheCaringSpace.com for use of the services of the Site. While TheCaringSpace.com will use reasonable commercial efforts to ensure the privacy of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold TheCaringSpace.com harmless for any damages that may result therefrom. TheCaringSpace.com will use a third party service to process credit card information. For further information regarding that service, please contact support@TheCaringSpace.com to request information about TheCaringSpace.com's credit card processing company.

Reinstatement

Users may reinstate a subscription that has expired. A User may reinstate a monthly subscription for $29.99. The monthly rate applicable at the time of original registration will apply for each month the Service is used thereafter. A User may reinstate an annual subscription for $79.99.

Renewal and Cancellation

User subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected at the prior term's subscription rate. TheCaringSpace.com will continue to renew subscriptions until the User requests a cancellation. If a User cancels the subscription, the User will have access to subscription benefits until the end of the then-current subscription term; the subscription will not be renewed after that term expires. However, Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.

No Liability

Users agree not to hold TheCaringSpace.com, TheCaringSpace.com's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release TheCaringSpace.com and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.

Indemnification

By agreeing to the terms of these Terms of Use, Users agree to indemnify, defend, and hold harmless TheCaringSpace.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "TheCaringSpace.com") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by TheCaringSpace.com and Affiliates in connection with any claim by a third party (including, but not limited to, an intellectual property claim) arising out of (i) materials and content Users submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. TheCaringSpace.com and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of TheCaringSpace.com. Users further agree to hold harmless TheCaringSpace.com and Affiliates, as well as, if applicable, the User's employer or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that they transmit through or post on the Site.

Effectiveness; Termination

These Terms of Use will become effective immediately upon any use by any User of the Site. TheCaringSpace.com may terminate a User’s membership in the Service by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users. Furthermore, TheCaringSpace.com may terminate a User’s membership in the Service immediately for any breach of these Terms of Use or any applicable policy of TheCaringSpace.com as posted on the Site from time to time. If TheCaringSpace.com terminates a User's membership in the Service because the User has breached these Terms of Use, the User will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of TheCaringSpace.com. TheCaringSpace.com is not required to provide any User with notice prior to terminating the User's membership and/or subscription. TheCaringSpace.com is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, these Terms of Use will remain enforceable against such terminated User. All terms that by their nature may survive termination of these Terms of Use shall be deemed to survive such termination. 

Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") on the Site is owned by TheCaringSpace.com LLC or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TheCaringSpace.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. Except as expressly provided in the Terms of Use, Users may not copy, download, use redesign, reconfigure, or retransmit anything from the TheCaringSpace.com Site without TheCaringSpace.com's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TheCaringSpace.com and/or the relevant right holder.

Notice of Trademark Rights

The service marks and trademarks THECARINGSPACE.COM and the TheCaringSpace.com logo are service marks owned by TheCaringSpace.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of TheCaringSpace.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.

Privacy

TheCaringSpace.com's Privacy Policy, www.thecaringspace.com/page/privacy_policy, located on this Site as modified by TheCaringSpace.com from time to time shall govern any disclosure or use of User's personal information. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to those terms.

Copyright Complaints and Copyright Agent

TheCaringSpace.com respects the intellectual property of others, and asks Users to do the same. TheCaringSpace.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, TheCaringSpace.com asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide TheCaringSpace.com's Copyright Agent with the following information:

1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow TheCaringSpace.com to locate the material, and explain why you think an infringement has taken place; 3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; 4. Your address, telephone number, and e-mail address; 5. 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. 6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TheCaringSpace.com's Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following information: by mail, General Counsel and Copyright Agent, TheCaringSpace.com, 220 E. Huron St., Suite 220, Ann Arbor MI, 48104. TheCaringSpace.com will terminate access to the Site of those who engage in repeated acts of infringement.

Limited License

TheCaringSpace.com grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in these Terms of Use.

Modifications to the Site

TheCaringSpace.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that TheCaringSpace.com shall not be liable to User or any third party for any modification or discontinuance of the Site.

User Account, Password and Security

Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or TheCaringSpace.com for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify TheCaringSpace.com of any unauthorized use of Users' password or account or any other breach of security.

No Agency

Users are not legally affiliated with TheCaringSpace.com in any way by virtue of their membership or usage of this Site  and no independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Use. TheCaringSpace.com is not an employment service and does not serve as an employer of any User that may use this Site. TheCaringSpace.com is only a venue for connecting Users. As such, TheCaringSpace.com expressly disclaims any liability that may arise between Users of its Site or between a User and any third party.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER THECARINGSPACE.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THECARINGSPACE.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THECARINGSPACE.COM NOR ITS AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. THECARINGSPACE.COM AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. THECARINGSPACE.COM AND ITS AFFILIATES CANNOT AND DO NOT, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD THECARINGSPACE.COM OR ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

Limitation of Liability

Under no circumstances will TheCaringSpace.com or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of these Terms of Use or any violation of any provision of these Terms of Use. Furthermore, the aggregate liability of TheCaringSpace.com or its Affiliates arising with respect to these Terms of Use and the Site will not exceed the total amounts paid by any User in the previous twelve (12) months under these Terms of Use. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

Arbitration

Any controversy or claim arising out of or relating to an alleged breach of these Terms of Use or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ann Arbor, Michigan and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or TheCaringSpace.com may seek any interim or preliminary relief from a court of competent jurisdiction in Ann Arbor, Michigan, necessary to protect the rights of property for you or TheCaringSpace.com pending the completion of arbitration.

General Provisions

Failure by TheCaringSpace.com to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. Any controversy or claim that is not subject to the Arbitration provision set forth in these Terms of Use, other than action for a specific performance or for injunctive relief brought by TheCaringSpace.com, shall be exclusively brought in the federal, state, or local courts located in Ann Arbor, Michigan; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between Users and TheCaringSpace.com with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of TheCaringSpace.com, its successors and assigns.

Miscellaneous

Nothing in these Terms of Use shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms of Use shall be interpreted in accordance with the laws of the State of Michigan (excluding any rules governing choice of laws) and any legal proceeding arising out of these Terms of Use will occur in Ann Arbor, Michigan. These Terms of Use will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. These Terms of Use (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between TheCaringSpace.com and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by TheCaringSpace.com with respect to the subject matter except as set forth herein.