Terms and Conditions

Effective July 8, 2011

Please read the following terms and conditions of use carefully before using www.cavareratings.com ( the “Site” ).

ACCEPTANCE OF TERMS OF USE

By using the Site, you acknowledge that you have read and understand these terms of use ( the “Terms of Use” ) together with the Privacy Policy, the Posting Guidelines, and other documents regulating the use of the Site and, accordingly, you agree to abide by them, as well as any future modifications that may be made to them.  These Terms of Use represent an agreement between you and Cavare Care. By accessing or using this Site, you agree to be bound by these Terms of Use and all terms incorporated by reference. You may only use the site if you accept these Terms of Use without modification.  Any failure on your part to comply with these terms of use may lead to Cavare Ratings  1) Prohibiting you from using this site and the related privileges or  2) Instituting any other remedies Cavare Ratings, in its sole discretion, deems appropriate.

These Terms of Use apply exclusively to the access to, and usage of, the Site. Please read them carefully. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Cavare Care, for services, products or otherwise. We reserve the right to change or modify any of the Terms of Use and the Site, at any time. If we decide to change our Terms of Use, we will post a new version on the Site and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Terms of Use will constitute your acceptance of the revised Terms of Use. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.If you do not agree to be bound by these Terms of Use, you should not use this Site.  If you consider any future amendments made to these Terms of Use to be unacceptable, please do not continue to use the Site.

DEFINITIONS

“Company” – means a business or individual whose information is posted on the Site.

“Cavare Care” – means Cavare Care Inc.

“Review” – means a specific commentary provided to Cavare Care concerning the services or products of a Company and posted to the Site.

PREMISES

The Site operates from its offices in Vancouver, British Columbia, Canada.  We do not represent or warrant that all items and information on this Site are appropriate or available for use in other locations.  Persons who choose to access this Site from other locations are responsible for compliance with local laws, if and to the extent local laws are applicable.

USE OF SITE AND SERVICES PROVIDED

All of the items contained on the Site are offered for your personal and non-commercial use.  It is prohibited to use the items contained on this Site for commercial or advertising purposes without the prior written consent of Cavare Care.

This Site may only be used for lawful purposes.  You agree not to use this Site in any way that would undermine its functioning and / or disrupt the service for other users.

Any care provider that offers housing and/or supportive services to elderly and/or disabled individuals of the nature referenced on this Site (including Alzheimer’s care facilities, assisted living facilities, assisted independent living facilities, home care facilities, nursing home facilities, residential care facilities, retirement facilities, adult day care facilities, senior apartment facilities or hospice facilities), is eligible to be included on our website.

OUR SERVICES

We maintain a comprehensive database of eldercare facilities and home care service providers throughout Canada, the United States and the United Kingdom. We provide a full search experience for users. We are in no way endorsing care providers, nor are we affiliated with the care providers listed on the Site. Your research into the best care should not be limited to the information provided on the Site. The information contained in this Site is provided for informational and discussion purposes only and should not be used, or relied upon as professional medical advice. Cavare Care is not owned or affiliated or related in any way with any of the providers listed on our Site, except for through the fee that some providers may pay for premium services.

LINKS

This Site may contain hyperlinks to Internet sites managed by third parties.  By activating these links, you may have to leave the Site.  Cavare Care has no control over Internet sites owned by third parties.  These sites are managed entirely by third parties and Cavare Care makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked party sources (including any viruses accessed through them ), the quality of the products offered, the security of performing transactions on the sites in question or the privacy policies of those sites.  Links do not imply that Cavare Care or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trade-mark, trade name, logo or copyright symbol of Cavare Care or its affiliates.  Cavare Care cannot be held liable for possible damages arising from the use of such third party sites.  All complaints about third party sites should be addressed to the administrators of those sites.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements, Reviews or postings in on-line community discussions.  You agree that Cavare Care shall not have any liability whatsoever to you for any such third party material, data or information.

REVIEWS AND THEIR OWNERSHIP

All Reviews submitted to the Site must comply with Cavare Care’ Posting Guidelines.

You hereby acknowledge and warrant that all of the information contained in any Review you submit will be factually accurate.

Once a Review is submitted to Cavare Care for publication, it becomes the property of Cavare Care and you agree that you have assigned or will assign all rights, title and interest in the content of a Review to Cavare Care.

In so far as the content of a Review has not yet been assigned to Cavare Care, you hereby warrant that you are able to and grant to Cavare Care a royalty-free, perpetual, irrevocable, non-exclusive, world-wide right and license to use, reproduce, modify, adapt, publish, translate and distribute and / or incorporate into other works in any form, media or technology now known or hereafter developed any copyrights, trade-mark rights or other proprietary rights in the content that are not owned by you.

Reviews represent the opinion of the contributor.  If Cavare Care finds that a contributor has submitted a false or misleading Review, Cavare Care reserves the right to delete the Review and correct the Company’s rating and reject subsequent submissions from that contributor.  Cavare Care does not take responsibility for the accuracy or completeness of Reviews.  It is the responsibility of the Site’s users to evaluate the accuracy, completeness and / or usefulness of any information, opinion, advice or other content found on the Site.

Cavare Care reserves the right to monitor reviews and edit submissions by contributors to ensure compliance with the Consumer Review Guidelines, these Terms of Use and any applicable laws.  Cavare Care further reserves the right to paraphrase or otherwise edit reviews.

Material and content published in a review on the Site are the sole responsibility of the contributor.  This means that a contributor, and not Cavare Care, is entirely responsible for all material and content submitted to Cavare Care and which may be contained in a review.

Under no circumstances will Cavare Care be liable in any way for any material and content, including but not limited to, any errors or omissions in any material and content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon the material and content published in a review.

If you use a Public Area, such as a chat room, message boards, reviews, blogs, community postings, or other member community activities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.

You are solely and legally responsible for any photos, profiles, comments, reviews, ratings, posts, text, information, and other content you upload, publish or display on the Website. You may not post Content you did not create or that you do not have permission to post.

Cavare Care does not assert any ownership over your Content, unless otherwise noted. Cavare Care and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using a Public Area for any purpose in violation of local, state, national, or international laws;

Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Cavare Care in its sole discretion;

Posting advertisements or solicitations of business;

After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

Posting chain letters or pyramid schemes;

Impersonating another person;

Distributing viruses or other harmful computer code;

Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;

Allowing any other person or entity to use your identification for posting or viewing comments

Posting the same note more than once or “spamming”; or

Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Cavare Care, exposes Cavare Care or any of its customers or suppliers to any liability or detriment of any type.

Cavare Care reserves the right (but is not obligated) to do any or all of the following:

Record the dialogue in public chat rooms.

Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

Remove communications, which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms and Conditions.

Monitor, edit, or disclose any communication in the Public Areas.

Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Cavare Care or its licensors have no liability or responsibility to users of the Cavare Care Site or any other person or entity for performance or nonperformance of the aforementioned activities

INTELLECTUAL PROPERTY

Limited License and Copyright   Subject to the terms and conditions set forth in these Terms of Use, Cavare Care grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the visible text, graphics or images thereon ( the “Materials” ) and to view and download the Materials, only in connection with your personal and non-commercial use of the Site.  This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions:

a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;

b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;

c) you may not transfer the Materials to any other person without our prior written consent;

d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.

This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.  Except as expressly provided herein, Cavare Care and its affiliates do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trade-mark, copyright, trade secret, or confidential information.

Trade-marks   The trade-marks, logos and company names of Cavare Care or any of its affiliates used on this Site may not be copied, imitated or used, in whole or in part, without the prior written consent of Cavare Care or any such affiliate.  Other products, services, logos and company names mentioned on this Site may be the trade-marks of their respective owners.

Exploitation   Subject to the rights expressly granted to you under these Terms of Use, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item obtained from or available as part of this Site ( including any software ), in whole or in part.

Non- infringement   You may not post or otherwise make available to the Site any material that is protected by a copyright, trade-mark or other proprietary right without the express permission of the owner.  You agree to assume sole liability and to indemnify Cavare Care for any damage resulting from infringement of any third party’s copyrights, trade-marks or other proprietary rights or any other harm resulting from your use of such infringing materials in a Review, or on or in connection with the Site.

REPRESENTATIONS AND WARRANTIES

THIS SITE, THE MATERIALS AND THE INFORMATION ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND.  CAVARE CARE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD THERETO, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE.  CAVARE CARE DOES NOT WARRANT THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.

THE MATERIALS AND INFORMATION ACCESSIBLE THROUGH THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.  CAVARE CARE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR INFORMATION ACCESSIBLE ON OR THROUGH THIS SITE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE.  CAVARE CARE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS OF ANY REVIEW.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CAVARE CARE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES ( INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM ) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT CAVARE CARE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

INDEMNITY

You agree to indemnify Cavare Care, its officers, agents, partners and employees from any and all claims or damages, including reasonable lawyer’s fees, made by third parties due to or arising out of the use of the Site or in connection with the Site, the violation of the Terms of Use, the Review Guidelines, the Response Guidelines and all other documents contained on this Site or any violation of the rights of another.

MINORS

If you are under the age of 18, you may only use this Site in conjunction with and under the supervision of your parents or guardians.

PROMOTIONS

From time to time, Cavare Care may offer, either on or through the Site,  promotions or games ( “Promotions” ).  You agree to release Cavare Care and its agents, advertisers, sponsors and / or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through the Site.  You agree to be bound by the rules of any Promotion.  If you violate any such rules or guidelines for behaviour posted on the Site, you will be subject to immediate disqualification and will become ineligible to be awarded any prizes.  Cavare Care reserves the right to cancel, terminate or alter any Promotion or the rules thereof at any time without prior notification.

CHANGES

Cavare Care reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site.  Cavare Care may make any other changes to this Site, the Materials and the services, products described on this Site ( if any ) at any time without notice.

Cavare Care reserves the right to modify these Terms of Use.

OFFENSIVE CONTENT

Cavare Care reserves the right not to post, or to remove any data, information, content or Material, including the contents of any Review if Cavare Care is made aware that the data, information, content or Material: i) is libelous, defamatory, scandalous or otherwise unacceptable, undesirable or objectionable, or ii) violates any law, regulation or right of a third party including but not limited to intellectual property infringement, prohibitions on libel, slander and invasion of privacy, or does not otherwise confirm to the Consumer Review Guidelines.

CANCELLATION

Cavare Care can, at its sole discretion, cancel or suspend any of your privileges related to the use of the Site in whole or in part for any reason, including without limitation, the non-compliance with these Terms of Use and the Review Guidelines.

PRIVACY

For information regarding Cavare Care’ policies and practices relating to the collection, use and storage

NO ENDORSEMENT

This Site compiles opinions and comments from certain users and publishes such opinions and comments in Reviews.  Reviews published do not convey the recommendations or endorsement of any specific Company or individual by Cavare Care.

MEDICAL ADVICE

The site does not provide medical advice.

The contents of the Site, such as text, graphics, images, information obtained from Cavare Care partners, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Cavare Care does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Cavare Care, Cavare Care employees or consultants, others appearing on the Site at the invitation of Cavare Care, or other visitors to the Site is solely at your own risk.

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

ASSIGNMENT

Cavare Care may assign any or all of its rights hereunder to any party without your consent.  You are not permitted to assign any of your rights or obligations under these Terms of Use without the prior written consent of Cavare Care, and any such attempted assignment will be void and unenforceable.

GOVERNING LAW

The laws of the province of British Columbia and the laws of Canada shall govern these Terms of Use as well as any use of the Site.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and Cavare Care regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Cavare Care regarding your use of the Site.

WAIVER AND SEVERABILITY OF TERMS

The failure of Cavare Care to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intention of Cavare Care and you as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect.

CHANGES TO POLICY

Cavare Care may revise these Terms of Use without notice, by updating these Terms of Use on the Site.  You agree to monitor such updates and agree that any continued use of the Site after Cavare Care has made such revisions constitutes full acceptance of the revised Terms of Use.  Cavare Care reserves the right to, at any time, change or modify these Terms of Use.  Should Cavare Care change these Terms of Use, changes will be posted on this page.

HOW TO CONTACT US

If you have any questions regarding these Conditions of Use, you can reach us at the following address:

Cavare Care Inc.

Suite 202 – 1226 Hamilton St.

Vancouver, British Columbia

V6B 2S8

Canada