Terms and Conditions
CARE NETWORK LINK MEMBERSHIP AGREEMENT
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND ALL OTHER SERVICES PROVIDED BY CARE NETWORK LINK, LLC (“CNL”). BY ACCESSING, USING, OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS, OR ANY OTHER SERVICES PROVIDED BY US, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT WITH US BASED ON THESE TERMS
- CNL’s website (the “Site”) was developed by Care Network Link, LLC, a Connecticut limited liability company with its principal office in New Haven, Connecticut, to collect data and other information pertaining to businesses and individuals that provide services to elderly and disabled individuals (collectively, the “Service Providers”).
- This Agreement governs your access to this Site and its content, and sets forth the terms pursuant to which you are permitted to use the Site. This Agreement also governs any other services provided by CNL to you, including without limitation newsletters and Enhanced Services (which are defined below). CNL reserves the right, in its sole and absolute discretion, to change this Agreement from time to time without notice to you. Your continued use of this Site and/or CNL’s other services after a change to this Agreement constitutes your acceptance of the amended Agreement. It is your responsibility to review this Agreement regularly and keep yourself informed of any modifications.
- This Agreement continues in effect as long as you access, use, and/or are a member of the Site, and/or as long as you utilize CNL’s other services.
- You must be at least 18 years old to use this Site or CNL’s other services.
- Intellectual Property Rights and Limitations on Your Use of the Site
- Your acceptance of this Agreement conveys to you a limited license for personal, non-commercial use of the Site. You agree not to re-sell or distribute any of the Site’s content, or to use the Site for any illegal purpose. You agree not to use the Site, its design and functionality, or any of its content (including without limitation the Site’s information about Service Providers) for financial gain. If you violate this Section I(1), you agree to pay to CNL, as liquidated damages:
- All sums earned by you arising from or related to said violation; and
- CNL’s reasonable litigation expenses, including attorney’s fees, incurred in enforcing this provision.
You acknowledge and agree that any breach of this Section I(1) by you would cause CNL irreparable harm which money damages alone would not adequately remedy. Therefore, in addition to any other remedies available to it including the liquidated damages described above, CNL shall be entitled to the remedies of immediate injunctive relief and specific performance of this Agreement, such relief to be without the necessity of posting a bond, cash, or any other security.
- You are responsible for your own conduct and activities on, though or related to this Site. Third parties are prohibited from posting content to the Site on your behalf or using your membership account. You will not share your username and password for this Site.
- CNL may immediately terminate your license to use this Site at any time and for any reason, without notice to you, and/or deny you access to the Site and its content. CNL also may remove portions of the Site or discontinue the Site at any time and for any reason, in its sole and absolute discretion. If CNL decides, in its sole and absolute discretion, that information or content posted or shared by you violates the terms set forth in this Agreement or is inappropriate, CNL may, but is not obligated to, remove such information or content. Although CNL may moderate content, its moderation activities shall not be deemed or construed as commitments, promises or representations that a Service Provider will provide appropriate services or healthcare, or that any information on this Site is accurate and up-to-date.
- This Site is owned by CNL. All right to, title to, and interest in the content available via this Site, the Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Site, and the Site URLs, are the property of CNL or the Service Providers, and are protected by applicable copyright, trademark, and patent law. All trademarks, service marks, logos or designs used on this Site, whether registered or unregistered, are owned by CNL or other third parties. You may not use or display any trademarks, service marks, logos or designs used on this Site without the prior written consent of their owner.
- Your Personal Information
- CNL or its independent contractors may use personal information that you choose to post to or share on this Site to create analyses, compilations, studies, or other documents for internal use. CNL may also track how you use this Site through cookies, internet tags, and other methods. CNL will not sell your name, address, e-mail address, or phone number (collectively, your “Contact Information”) to any third parties, provided however CNL may give your Contact Information to Service Providers when providing Enhanced Services to you, as is necessary to provide said Enhanced Services.
- CNL does not guarantee the privacy of any information that you choose to post to or share on this Site, such as in chat rooms, on message boards, etc. If you share your personal information on or through this Site, including without limitation your personal health information, you do so at your own risk, and CNL is in no way responsible for maintaining the confidentiality or security of said personal information. Please remember that any information posted to public areas, such as chat rooms or message boards, is available to the general public.
- You understand, acknowledge, and agree that CNL is not a “health care provider,” “health plan,” or “health care clearinghouse” and, therefore, CNL is not a “covered entity” under the Health Insurance Portability and Accountability Act (“HIPAA”) or any similar state or federal privacy laws, rules, or regulations. Therefore, HIPAA’s privacy protections do not apply to CNL.
III. Enhanced Services
- Although basic membership is free, you may purchase Care Advisory Services from CNL at CNL’s standard care advisory rates (the “Enhanced Services”).
- CNL members who purchase Enhanced Services will be assigned to a CNL employee (hearafter the "Care Advisor"), who will provide the member with the Enhanced Services that he or she has selected.
- In addition, CNL members who purchase Enhanced Services will be eligible to participate in CNL’s dispute resolution service for disputes with CNL Service Providers, in accordance with the following terms:
- If a dispute involving claims of less than $3,000 arises between you and a Service Provider, your Care Advisor may agree to work with you and the Service Provider to attempt to resolve the dispute. If CNL, in its sole and absolute discretion, believes that your dispute is not appropriate for its dispute resolution services, CNL may decline to provide dispute resolution services. Please note that CNL will not provide dispute resolution services for any claims involving personal injuries.
- If CNL agrees to provide dispute resolution services for your claim, you will be required to provide your Care Advisor with all documentation reasonably required for negotiations with the Service Provider, and you also will be required to participate in good faith in the process. CNL’s dispute resolution process may involve telephone calls or, in some circumstances, your Care Advisor may request that you and the Service Provider participate in a face-to-face meeting.
- You agree that all communications made in connection with CNL’s dispute resolution services will be confidential and may not be introduced in any legal proceedings.
- If, at any time during the dispute resolution process, your Care Advisor believes that he or she will not be able to resolve the dispute amicably, your Care Advisor will notify you and the Service Provider, and the dispute resolution services will terminate.
- Please note that all of CNL’s dispute resolution services are non-binding, meaning that neither you nor the Service Provider are required to accept the Care Advisor’s suggested resolution of the dispute.
- CNL’s Care Advisors are not licensed attorneys, and no statements made by Care Advisors during the dispute resolution process should be deemed or construed as legal advice. If you and the Service Provider reach a voluntary settlement agreement, said agreement may affect your legal rights. You have the right to seek the advice of a licensed attorney of your own choosing throughout the dispute resolution process, and you should seek such legal advice before signing a settlement agreement.
- CNL AND THIS SITE DO NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY PARTICULAR SERVICE OR SERVICE PROVIDER FOR SPECIFIC PURPOSES OR TREATMENT. NO INFORMATION ON THIS SITE SHOULD BE CONSTRUED AS HEALTH, COUNSELING, MEDICAL, OR LEGAL ADVICE, OR ANY OTHER PROFESSIONAL SERVICE. IF YOU HAVE A MEDICAL CONDITION OR A MEDICAL EMERGENCY, YOU SHOULD SEEK APPROPRIATE CARE FROM A LICENSED HEALTH CARE PROVIDER IMMEDIATELY AND/OR CALL 911.
- YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ADDITIONAL INFORMATION AS NECESSARY TO MAKE AN INFORMED DECISION PRIOR TO UTILIZING ANY SPECIFIC SERVICE OR SERVICE PROVIDER LISTED ON THIS SITE OR OTHERWISE REFERRED TO YOU BY CNL. You assume all responsibility in connection with choosing a service or Service Provider, whether or not you obtained information about such service or Service Provider on or through this Site or through CNL or its Care Advisors.
- This Site and its content are not a source for checking credentials, licenses, or any other such verification. The Site and its contents do not guarantee insurance acceptance or reimbursement of any kind.
- This Site may contain links to other websites maintained by other parties, such as Service Providers. CNL has not reviewed any other websites and disclaims any responsibility or liability for the content, policies and practices of other websites, or for the availability, accuracy, completeness, currency, reliability, quality, performance or suitability of the information available or advertised through other websites.
- This Site and its content are provided on an “as-is” basis and are intended for informational purposes only. While CNL aims to provide accurate and up-to-date information, CNL makes no representations regarding the accuracy or currency of any information. CNL shall not be responsible for any errors to or omissions regarding any information on this Site. CNL is not responsible for any information posted to the site by CNL members, such as information, advice, recommendations, messages, comments, posts, opinions, text, graphics, photographs, data, and other materials (collectively, “Member Content”). Member Content shall not be construed as the opinion, advice, or statement of CNL, and is not endorsed by CNL. CNL does not have any obligation to prescreen, edit, or remove Member Content. If you believe that Member Content is inappropriate, you may contact CNL as specified below, but CNL retains sole and absolute discretion to determine whether said content will be removed.
- You specifically acknowledge that CNL is not liable for the defamatory, offensive or illegal conduct of CNL members or any other third parties.
- CNL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CNL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ITS CONTENT WILL ASSIST YOU IN FINDING A SUITABLE SERVICE OR SERVICE PROVIDER, OR ASSIST YOU WITH ANY OTHER PURPOSE.
- YOU AGREE THAT CNL WILL HAVE NO LIABILITY WITH RESPECT TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION SERVICE PROVIDERS, OR AS A RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE SITE.
- CNL AND ITS MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND REPRESENTATIVES DO NOT ASSUME AND HEREBY DISCLAIM ALL LIABILITY OF ANY KIND, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE, OR FROM ANY SERVICE OR TREATMENT RENDERED BY ANY SERVICE PROVIDER LISTED ON THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
- This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Connecticut. You hereby irrevocably submit to the exclusive jurisdiction and venue of the state courts sitting in New Haven County, Connecticut for any dispute arising hereunder. With respect to any action arising under or related to this Agreement or your use of the Site, you hereby: (i) agree that you have sufficient contacts with Connecticut to subject you to the personal jurisdiction of the state courts located in New Haven County, Connecticut; (ii) agree that venue properly lies in any or all of those courts; and (iii) waive and agree not to assert any claim that you are not subject personally to the jurisdiction of the above-named courts or that such action should be transferred to any court other than the above-named courts, or should be stayed by reason of the pendency of some other proceeding in any court other than the above-named courts.
- If any of the terms of this Agreement or the application thereof to any person or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement and the application of such terms or provisions to other persons or circumstances shall not be affected thereby, but rather shall be enforceable to the greatest extent permitted by law. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision may be reformed by said court to comply with the intent of the affected provision to the fullest extent possible.
- This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous written or oral statements, memoranda, negotiations, arrangements, contracts or understandings of any nature or kind between the parties with respect to the subject matter hereof.
- The provisions of this Agreement which by their intent or meaning are intended to survive its termination or the termination or expiration of your membership with CNL shall continue to apply indefinitely.
- If you have any questions about this Agreement, you may contact a representative of CNL at (203) 495-1655 or by e-mail at info@CareNetworkLink.org.