Thank you for your interest in CarePro Technology inc and in the various websites provided by CarePro (collectively, the “Site”). Please read the following terms and conditions carefully. By accessing the Site or any of the services provided to you through the Site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the CarePro Privacy Policy (available at privacy-policy.html) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not access the Site.
These Terms provide that all disputes between you and CarePro will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with CarePro.
1. Eligibility
You must be at least 16 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. Purchases; Additional Terms and Conditions
Purchases of our services, and specific sections of the Site may be subject to additional terms and conditions. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services. If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.
Submission of support information
3.1 Submission. In connection with your use of our customer support services, you may submit to CarePro photographs, videos, descriptions, or other materials depicting or describing issues with your product (“Support Materials”). CarePro uses these Support Materials solely for the purpose of diagnosing the issue, processing your warranty or repair request, and communicating with you regarding the resolution of your support ticket.
3.2 License Grant. By submitting Support Materials, you grant CarePro a limited, non-exclusive, revocable license to store, view, reproduce, and internally distribute such Support Materials exclusively for the purposes described in subsection (a) above. CarePro shall not use your Support Materials for any marketing, advertising, promotional, or other commercial purposes, nor shall CarePro sublicense or transfer such materials to any third party, except to the extent necessary to fulfill your support request (e.g., sharing with a shipping carrier or repair facility) or as required by law.
3.3 No Public Display. CarePro will not display your Support Materials to other users of the Site or to the public. Access to your Support Materials is restricted to CarePro employees, contractors, and authorized agents who have a legitimate need to review such materials in connection with your support request.
3.4 Retention. CarePro will retain your Support Materials only for as long as reasonably necessary to resolve your support request and to comply with applicable record-keeping or warranty obligations. Upon your request, or after the retention period expires, CarePro will delete or anonymize your Support Materials, unless prohibited by law.
3.5 Accuracy. You represent and warrant that the Support Materials you submit are accurate, truthful, and relate to your own product. You agree not to submit any Support Materials that contain personal information of third parties, sensitive personal data, or any content that you do not have the right to disclose.
4. Using the Site
By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms. CarePro reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations. CarePro also welcomes users to report any User Content that is in violation of applicable laws or regulations.
5. Prohibited Conduct
By using the site you agree not to:
5.1 Access the Site for any illegal purpose or in violation of any local, state, national, or international law;
5.2 Conduct activities that may be harmful to others or that could damage CarePro‘s reputation;
5.3 Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
5.4 Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
5.5 Interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
5.6 Perform any fraudulent activity in connection with your obtaining or accessing the Sites, including impersonating any person or entity, claiming a false affiliation, or falsifying your age or date of birth;
5.7 Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
5.8 Bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site in a manner inconsistent with individual human usage;
5.9 Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
5.10 Use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent CarePro makes available the means for embedding any part of the Site or the User Content;
5.11 Access, tamper with, or use non-public areas of the Site, CarePro’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of CarePro’s providers;
5.12 Access the Site in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
5.13 Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
5.14 Attempt to do any of the acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5.
6. Termination of Use; Discontinuation and Modification of the Site
If you violate any provision of these Terms, your permission from us to access the Site will terminate automatically. In addition, CarePro may suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the foregoing, you understand and agree that in any termination or suspension of the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, and we will have no responsibility to provide you access to such data or content.
7. Privacy Policy; Additional Terms
7.1 Privacy Policy
Please read the CarePro Privacy Policy at privacy-policy.htmlcarefully for information relating to our collection, use, storage and disclosure of your personal information. The CarePro Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
7.2 Additional Terms
Your access to the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of these Terms.
8. Modification of these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Site, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your access to or use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
9. Ownership; Proprietary Rights
The Site is owned and operated by CarePro. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by CarePro are protected by intellectual property and other laws. All Materials contained in the Site are the property of CarePro or third-party licensors. Except as expressly authorized by CarePro, you may not make use of the Materials. CarePro reserves all rights to the Materials not granted expressly in these Terms.
10. Feedback
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by CarePro (“Feedback”), then you hereby grant CarePro an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
11. Indemnity
You are responsible for your access to the Site. You will defend and indemnify CarePro and its officers, directors, employees, consultants, and agents (together, the “CarePro Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
12. Disclaimers; No Warranties.
THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE CAREPRO ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE CAREPRO ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE CAREPRO ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE FOREGOING, CAREPRO DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CAREPRO IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
13. Limitation of Liability
IN NO EVENT WILL THE CAREPRO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CAREPRO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
THE AGGREGATE LIABILITY OF THE CAREPRO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and CarePro agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We make no representation that the Site or any Materials included in the Site are appropriate or available for use in your location.
15. General
You agree that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over CarePro, either specific or general, in jurisdictions other than California. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and CarePro regarding your access to the Site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2 through 18, along with the Privacy Policy and any other accompanying agreements, will survive.
16. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER
16.1 Generally
In the interest of resolving disputes between you and CarePro in the most expedient and cost effective manner, you and CarePro agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CAREPRO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.2 Exceptions
Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
16.3 Arbitrator
Any arbitration between you and CarePro will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting CarePro.
16.4 Notice; Process
A party who intends to seek arbitration must first send written notice of the dispute by email to legal@tecarepro.com (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or CarePro may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CarePro must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
16.5 Fees
CarePro should only reimburse the application fee for arbitration if the consumer claimant wins the case and the arbitrator explicitly orders it. If the consumer claimant cannot afford the application fee, the consumer can apply to AAA for exemption from the fee in accordance with the AAA Consumer Arbitration Rules. Any arbitration hearing shall be held at a location agreed upon by both parties. If both parties cannot reach a consensus, the location shall be determined by AAA in accordance with the AAA Consumer Arbitration Rules. For claims of $10000 or less, the consumer claimant shall choose one of the following methods for arbitration: (i) based solely on the documents submitted to the arbitrator; (ii) Conduct a hearing via phone or video call; Or (iii) hold a face-to-face hearing at a location designated by AAA, which may be the county where the consumer claimant's billing address is located, if reasonably convenient. The consumer claimant shall bear all expenses related to personally attending any hearing, including but not limited to travel expenses, accommodation expenses, and transportation costs. The arbitrator shall issue a written award. Within the scope of AAA Consumer Arbitration Rules and applicable legal requirements, the award shall include a concise statement of the basic findings and conclusions on which the award is based. Arbitrators are not obligated to provide detailed reasons beyond the requirements of the AAA Consumer Arbitration Rules. This award is final and binding on both parties, subject only to judicial review as permitted by the Federal Arbitration Act and applicable California law.
16.6 No Class Actions
YOU AND CAREPRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and carepro agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications of This Arbitration Provision
If CarePro makes any future change to this arbitration provision, other than a change to CarePro's email address for Notice, you may reject the change by sending us written notice within 30 days of the change to legal@tecarepro.com, in which case the proposed change will not apply to you, and the prior version of this arbitration provision will remain in full force and effect with respect to your relationship with CarePro.
16.8 Enforceability
If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 (other than, in the latter case, Section 16.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to these Terms.
17. Consent to Electronic Communications
By accessing the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
18. Contact Information
The Site is offered by CarePro Technology Inc. You may contact us by email at legal@tecarepro.com.