Terms of Use

Welcome to The Care Partner Project Website, which shares information about how to advocate for a loved one during a hospital stay, during surgery and for other health care situations. (Hereafter, simply The Care Partner Project.)

Unfortunately, as we all know, lawsuits are part of our healthcare system. Therefore, we need to be clear that the information and ideas offered on this Website are not meant to be taken and used as medical or professional advice. Always share what you learn from The Care Partner Project with doctors, nurses and other medical professionals you trust: collaborate with them on the best practices for you and your loved ones to follow.

We ask that you honor and respect the fact that we at The Care Partner Project have made a tremendous commitment of resources—both time and money—to create this Website and Content, which is considered our intellectual property. If you find this Website helpful and want to share it, or any portions, with friends and family in print or electronic formats, we encourage you to do so with proper attribution to The Care Partner Project. (We trust you will describe our Terms and Conditions to your friends and family and get their Agreement first, however.)

If you would like to distribute our checklists on a wider basis, please call us first. We would be thrilled for your help in “spreading safety” but we are kind of particular about how our materials looks—we will work with you to format, print and distribute The Care Partner Projects’s Content to those outside your circle of family and friends. Depending on the circumstances, we may charge a fee or ask for a donation.

Just to be on the safe side, we are re-stating everything just described in “plain English,” in legal language, too (see below). A few other details are covered as well. Please take the time to read through the next several sections—as hard and as boring as legal language can be—as this makes up our Agreement for use of thecarepartnerproject.org and its Content (hereafter, “Site”).

By accessing and using the Site, or by registering as a Subscriber with your email address, or downloading our checklists (or any other information on The Care Partner Project Site), you acknowledge that you have read and understand these Terms and you accept and agree to be bound by them. If you do not agree to these Terms, please do not continue to access and use the Site or its information.

Access and Use
Proprietary Content
Use of Content
Use of Submissions
User Conduct
Disclaimers
Limitation of Liability
Indemnification
Miscellaneous
Questions Regarding the Site or these Terms
Acknowledgement

Access and Use

In these Terms, “you” refers to an individual accessing the Site, regardless of the particular features, materials, opportunities, or services made available on the Site that he or she chooses to browse, use, or take advantage of, and regardless of whether registered as a Subscriber or authorized user of the Site.

Proprietary Content
The Care Partner Project respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort, and funds to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. You understand that the Care Partner Project owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, all information, text, data, databases, graphics, images, audio and video clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (all of the foregoing, collectively (but expressly excluding, in each case, any information, data, and Content provided by you or other users of the Site), the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and you agree that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets. All such rights are and shall remain the property of the Care Partner Project or its licensors and content-providers.

Use of Content
The Care Partner Project grants you visitor access to make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. The Content is provided exclusively with the understanding that The Care Partner Project is not thereby engaged in providing medical or professional advice or services of any kind to you. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, as described above, you may not reproduce, perform, create derivative works of, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of The Care Partner Project. Use of the Content, or any portion thereof, on any other Website or other networked computer environment is prohibited without the express, prior written permission of The Care Partner Project. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, screen or page scrapers, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by The Care Partner Project in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, including any use by any non-profit or limited profit entity, all or any portion of the Site or the Content or access to or use of the Site or the Content.

Use of Submissions
Except for any information submitted by registered Subscribers and authorized users about themselves or their family, friends, or other loved ones into their respective accounts or private communities, by submitting any information or material on the Site or to The Care Partner Project, whether via the Internet, by fax machine, e-mail, telephone, or other mode or medium of communication, or through access to and use of the Site or any of the Content (including, but not limited to, by submitting to us through any forms that may be posted on the Site or otherwise submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software, data, computer files, or other material of any type), you thereby expressly grant, or warrant that the owner of such material has expressly granted, The Care Partner Project a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive, worldwide license and right to use, make and have made, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or hereafter developed.

User Conduct
In connection with your access to and use of the Site and that of any friend or family member authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions (including, but not limited to, all laws and regulations relating to the confidentiality, privacy, security, and disclosure of personal information). Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Specifically, among other things, you agree that in connection with accessing or using the Site you will not:
1. Restrict or inhibit any other user from using or enjoying the Site;
2. Represent yourself as another or as a fictitious individual;
3. Disrupt or interfere with the Site or its operation or availability, or alter or tamper with the Content;
4. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation of any applicable jurisdiction;
5. Post or transmit any information that is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
6. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, or other unsolicited commercial communications, or engage in spamming, flooding, or any denial of service attack;
7. Post or transmit any data or information out of the country in which you reside in violation of applicable law;
8. Post or transmit any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software; and
9. Post or transmit any information or software which contains a virus, trojan horse, worm, adware, malware, pop-up, spider, bot, or other disabling device or harmful component.

The Site is designed and intended for use by users worldwide; information provided for posting or making available on the Site is stored in the United States. However, you acknowledge that the Site is available, via the Internet, throughout the world. By submitting or providing information on or to the Site, you agree to comply with all applicable laws, regulations, and policies of all relevant jurisdictions, and you consent to, and you represent that you have all necessary or appropriate consent of others to, any transmission of that information across country boundaries, as necessary for the purposes for which the information was submitted.

The above assurances and commitments by you shall survive termination of these Terms.

Linked Sites
For your convenience, certain hyperlinks may be provided on the Site which link to other Websites that are not under the control of The Care Partner Project. The Care Partner Project does not endorse or sponsor such Websites, and we are not responsible for the availability, accuracy, Content, or any other aspect of such Websites. The Care Partner Project disclaims all liability for such Websites, for all access to and use thereof, and for use of the links to such Websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other Websites, and the offer or purchase of products or services on or through other Websites, is subject to the Terms and Conditions of those other Websites. You agree that you will bring no suit or claim against the Care Partner Project arising from or based upon your use of, or the offer or purchase of products or services on or through, any other Websites. Hyperlinks to other Websites that are provided on the Site do not imply that: (a) The Care Partner Project is affiliated or associated with any linked Sites; (b) The Care Partner Project is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of The Care Partner Project.

Links to the Site
Unless otherwise notified or directed by The Care Partner Project, you may include a hyperlink on your own Website to the home page of the Site, provided that you do not: (a) “deep link” to any other page of the Site; (b) “frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to The Care Partner Project or to any affiliate, business partner, or content- or service-provider of the Care Partner Project; or (d) otherwise imply or state that any type of relationship or special arrangements exist with the Care Partner Project or with any affiliate of The Care Partner Project, unless otherwise specifically approved in writing by the Care Partner Project. You agree that you will promptly remove any hyperlink to the Site upon written request from the Care Partner Project, at any time and for any reason. In no event will you use The Care Partner Project’s logo or any other trademark as a hyperlink “button,” or in any other manner, without The Care Partner Project’s express written consent.

Disclaimers
Although The Care Partner Project strives to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site, the Content, and all materials, products, and services available through the Site and The Care Partner Project are at your own initiative and risk. You expressly acknowledge and agree that The Care Partner Project is not responsible or liable in any way for any information or Content provided to or posted in any user account or private community on the Site by any Subscriber or user of the Site. The Care Partner Project does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or achieve any particular goal through the use of the Site or any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and The Care Partner Project: (a) are up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for that you may desire to use them; (b) have been provided or made available with all necessary or appropriate consent and authorization; and (c) are free of viruses and other disabling devices and destructive routines.

THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THE CARE PARTNER PROJECT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, OF ANY KIND. THE CARE PARTNER PROJECT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CARE PARTNER PROJECT DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH THE CARE PARTNER PROJECT ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY OTHER PERSON OR ENTITY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH THE CARE PARTNER PROJECT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE DOES NOT GUARANTEE ANY GIVEN RESULT AND THAT NONE OF THE INFORMATION OR DATA OBTAINED FROM THE USE OF THE SITE SHOULD BE CONSTRUED AS MEDICAL OR PROFESSIONAL ADVICE, RECOMMENDATIONS, OR SERVICES.

Limitation of Liability
IN NO EVENT SHALL THE CARE PARTNER PROJECT OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, OR ANY OF THE MEMBERS, MANGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR ANY INFORMATION, DATA, MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH THE CARE PARTNER PROJECT; (B) THE CARE PARTNER PROJECT’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL THE CARE PARTNER PROJECT OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, OR ANY OF THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF ANY INFORMATION, MATERIALS, DATA, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH THE CARE PARTNER PROJECT, THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION OR DATA TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF THE CARE PARTNER PROJECT, EVEN IF THE CARE PARTNER PROJECT WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of THE CARE PARTNER PROJECT AND ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, AND THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ALL OF THE FOREGOING, shall be limited in accordance with THESE TERMS to the fullest extent permitted by law. Without limiting any of the foregoing, if THE CARE PARTNER PROJECT OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR SERVICE-PROVIDERS, OR ANY OF THE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, is found liable to you or TO any third party AS A RESULT OF any claims or OTHER matters arising under or in connection with THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE CARE PARTNER PROJECT and such parties’ CUMULATIVE, aggregate, and maximum liability for all such CLAIMS AND OTHER matters shall not exceed $100.

Indemnification
You agree to indemnify, defend, and hold The Care Partner and its affiliates, and the members, managers, officers, directors, employees, agents, and representatives of each of the foregoing, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), due to or arising out of: (a) Content, data, information, other materials that you (or others whose use of the Site you authorize) submit, post to, or transmit through the Site; (b) your (or that of others whose use of the Site you authorize) access to or use of the Content, the Site, and other materials, products, and services available on or through the Site and The Care Partner; (c) your (or that of others whose use of the Site you authorize) violation of these Terms; or (d) your (or that of others whose use of the Site you authorize) violation of any rights of another. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

Miscellaneous
These Terms and the Privacy Policy referenced herein, as each may be revised and amended from time to time as described herein, constitute the entire Agreement with respect to your access to and use of the Site, the Content, and any other information and materials available on or through the Site.

Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of The Care Partner’s copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and The Care Partner. The Care Partner may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of The Care Partner. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any applicable laws and regulations of any jurisdiction from which you (or others whose use of the Site you authorize) are accessing the Site and any other jurisdiction whose laws apply to you or your actions (or to those of others whose use of the Site you authorize). You agree that you will not access or use the Site, the Content, or any other information or materials on the Site in violation of the aforementioned laws and regulations or these Terms.

Jurisdiction
The Site is maintained, operated, and controlled by or on behalf of The Care Partner in the State of Illinois, in the United States of America. These Terms shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of law principles or rules. Any claim or action brought by you that arises out of or relates to these Terms and your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You and The Care Partner each hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Cook County, Illinois for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms or the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Site, the Content, and the materials and services available on or through the Site or through The Care Partner. You and The Care Partner each expressly waive any claim that venue is improper for any reason in these courts for such matters.

Changes to Terms
As our business and the Internet evolve and grow, we may update and amend these Terms from time to time, whether to change existing Terms, as necessary and appropriate, or to incorporate additional Terms specific to new or additional features, materials, opportunities, or services that we make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its Content, at any time, without prior notice to you. If you are a registered Subscriber and we revise or change these Terms during a subscription term for which you have paid the applicable fees, then, if you notify us of your objection to the revisions or changes promptly after becoming aware thereof, either, as we, in our sole discretion, elect: (a) the Terms in effect immediately prior to such revisions or changes shall continue to apply to your use of the Site throughout the remainder of such subscription term; or (b) we may terminate your subscription and right to access and use the Site as of the date you notify us of your objection to such revisions or changes, refunding to you any fees prepaid by you for portions of your subscription term that have not yet expired as of such date.

Questions Regarding the Site or these Terms
If you have any questions or suggestions about The Care Partner, the Site, these Terms, or our products or services, please contact us at the numbers or addresses given below:

The Care Partner Project
1 Erie Street, Suite 525
Chicago, IL 60611
Email:hello@TheCarePartnerProject.org

Acknowledgement:
BY ACCESSING AND USING THE SITE, AND BY REGISTERING AS A SUBSCRIBER OR AUTHORIZED USER OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.