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TERMS OF USE BETWEEN USER AND CAROLOGY

Last updated 2/1/2017

The MyCarology Web Site (mycarology.com) is comprised of various Web pages operated by Carology, Inc. (the “Company”, “we”, “us” or “our”).

ACCEPTANCE OF TERMS OF USE

The MyCarology Web Site and associated services are offered to our users (“you” or “your”) conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use. By using the MyCarology Web Site, you agree these Terms of Use.

MODIFICATION OF THESE TERMS OF USE

We reserve the right to change these Terms of Use and the conditions under which the MyCarology Web Site is offered, including but not limited to the charges associated with the use of the MyCarology Web Site, at any time. Your use of the MyCarology Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms of Use regularly.

LICENSE FOR PERSONAL USE

We grant you a personal, non-exclusive, non-transferrable, limited and revocable license and permission to access and make personal use of the MyCarology Web Site for your personal educational and informational use (the “License”). You may not reproduce, duplicate, copy, sell, resell or commercially exploit, for any purpose, any portion of the MyCarology Web Site and its contents without limitation. You may not co-brand the MyCarology Web Site or portion thereof or frame the MyCarology Web Site or portion thereof (whereby the MyCarology Web Site or portion thereof will appear on the same screen with a portion of another website). “Co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the MyCarology Web Site or any of its contents accessible within the MyCarology Web Site. In the unlikely event you fail to comply with these Terms of Use, we may terminate the License without notice and you will no longer be permitted to access the MyCarology Web Site or use any of our services.

Requests for permission to reproduce or distribute materials found on the MyCarology Web Site will be granted only in our sole discretion and should be sent to hello@carologyusa.com.

You may not use our names, (the words "Carology" or “MyCarology” or "MyCarology.com," or misspelling or typographical variation of those words, and whether alone or in conjunction with any other word or phrase), trademarks or service marks in any manner (including use in any metatags or any other "hidden text") without our prior written or e-mailed consent. Our Trademark Notice provides more information about our trademarks.

Your license includes our own personal account, with a unique username and password. You agree not to share your password, or give access to your MyCarology account to others for any purpose. Any violation of the forgoing will terminate the permission and license granted by us to access and make use of the MyCarology Web Site.

LINKS TO THIRD PARTY SITES

The MyCarology Web Site may contain links to other third party web sites, news articles, blog posts or other content ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of, any webcasting or other transmission received from, or the stability of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. Please review the separate privacy statements and terms of use posted at each Linked Site.

We are not responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of Linked Sites, information, promotions, products, or services; viruses or other computer problems resulting from use of Linked Sites; or any liabilities resulting from the terms and conditions of Linked Sites. We do not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

Linked Sites are not under our control, are not monitored or reviewed by us, and we are not aware of the contents of the Linked Sites. We do not sponsor, endorse, or recommend these Linked Sites and make no representations or warranties of any kind with regard to any Linked Sites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information. You acknowledge that we are not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such Linked Sites. If you have any complaint with such sites, you should contact that site directly.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MyCarology Web Site, you warrant to us that you will not use the MyCarology Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the MyCarology Web Site in any manner that could damage, disable, overburden, or impair the MyCarology Web Site or interfere with any other party's use and enjoyment of the MyCarology Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MyCarology Web Site.

USE OF COMMUNICATION SERVICES

The MyCarology Web Site may now or in the future contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO US OR POSTED AT ANY COMPANY WEB SITE

We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Carology Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting the Company, its affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation will be paid with respect to the use of your Submissions, as provided herein. We are under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

While we use reasonable efforts to include accurate and up-to-date information on the MyCarology Web Site, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, documents, content or other materials available on the MyCarology Web Site, and you should not rely upon them. To the maximum extent permitted by applicable law, we provide the MyCarology Web Site and any related services on an "AS IS, AS AVAILABLE" basis without warranty or condition or any kind. You use the MyCarology Web Site at your own risk, and the Company, its employees, officers, directors, and agents are not liable for any errors or omissions in their content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from their use. If any of the provisions in this section are void under governing law, our liability shall be limited to the maximum extent permitted by law.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MYCAROLOGY WEB SITE FOR ANY PURPOSE. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MYCAROLOGY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MYCAROLOGY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MYCAROLOGY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MYCAROLOGY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MYCAROLOGY WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MYCAROLOGY WEB SITE.

SERVICE CONTACT : support@carologyusa.com

TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to terminate your access to the MyCarology Web Site and the related services or any portion thereof at any time, without notice.

INDEMNIFICATION

You will indemnify and hold the Company, and its subsidiaries, affiliates, officers, directors, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from a breach or violation by you of these Terms of Use, including any content submitted to or uploaded to the Company, or transmitted via the Company by you.

INJUNCTIVE RELIEF

Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Website, which is in addition to any other remedies available at law or in equity.

JURISDICTION

These Terms of Use, and the rights and obligations hereunder, are to be governed by, and construed in accordance with, the laws of the State of Arizona. Any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the MyCarology Web Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

NO WAIVER; SEVERABILITY

A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. We do not waive any rights by the failure to enforce this policy in every instance in which it might apply. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and the invalid or unenforceable provision will be automatically deemed to have been replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision and the remainder of these Terms of Use shall remain in effect..

ASSIGNABILITY

We may assign our rights and delegate our duties under the Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms of Use to anyone else without our prior written consent.

RELATIONSHIP

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

UNAUTHORIZED USE

Use of the MyCarology Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

COMPLIANCE WITH LAWS

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MyCarology Web Site or information provided to or gathered by us with respect to such use.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the MyCarology Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the MyCarology Web Site.

ADMISSIBILITY OF DOCUMENTS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

LANGUAGE

It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MyCarology Web Site are: Copyright 2016 Carology, Inc. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.