One Caring Company, Inc. ("One Caring Team," "us" or "we") operates the onecaringteam.com website ("the Sites") and mobile application as an online service (this "Service") to help families address emotional needs for the aging adults.
These One Caring Team Member Terms and Conditions (the "Agreement") apply to all users ("you" or "Member") who access and/or use One Caring Team's platform for on-line or phone based Listener services, advice, and professional consulting services ("Listener Platform"). This Agreement applies with respect to a Member's access and/or use of the Listener Platform regardless of where such Listener Platform is made available.
The Listener Platform is made available on One Caring Team's websites at www.onecaringteam.com. The Sites are owned and operated by One Caring Company.
In addition to the Sites, the Listener Platform, or a portion thereof, may also be made available via third party websites. If you have accessed the Listener Platform, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. One Caring Team is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.
YOU AGREE THAT BY USING THE LISTENER PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets forth and contains the terms and conditions between you and One Caring Team. By checking the box on the member Sign Up page that indicates that you "have read and agree to the One Caring Team member terms and conditions" and then clicking the "Sign up" button to submit the Member registration form, you are entering into this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND DO NOT OTHERWISE CONTINUE WITH THE MEMBER REGISTRATION PROCESS. In such case you will not be able to register as a Member or otherwise use the Listener Platform.
One Caring Team may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the Listener Platform or a Site after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.
The Listener Platform and Content Made Available via the Listener Platform. The Listener Platform allows Members to locate a Listener and ask questions, ask to be listened to, or request advice and/or services directly from such Listener. One Caring Team, via the Listener Platform, enables Member's designated loved ones to communicate directly with the Listener and pay for the services purchased by the Member from One Caring Team.
As further described in this Agreement, One Caring Team makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Listener Platform or the Sites, (b) the willingness or ability of the Listener to listen, (c) the willingness or ability of any Listener to give advice, (d) whether the Member shall find an Listener's listening useful or satisfactory, (e) whether the Member shall find a Listener's advice relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener will be helpful, (g) whether the advice of the Listener will be responsive or relevant to the Member's question, or (h) whether the Listener's advice will otherwise be suitable to the Member's needs. One Caring Team verifies the basic communication skills, degrees, qualifications, credentials or background of Caring Listeners. It is strongly recommended that the Member also independently verify the skills, degrees, qualifications, credentials and background of each Caring Listener from whom he or she receives or contemplates to receive advice or services.
AS NOTED IN THIS AGREEMENT, One Caring Team DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR LISTENER ADVICE PROVIDED AND One Caring Team WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
INFORMATION FURNISHED BY LISTENERS IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. ANY CONSULTATION WITH A LISTENER VIA THE LISTENER PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. MEMBER IS ENCOURAGED TO VERIFY THE INFORMATION FURNISHED BY LISTENERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE RISK AND LIABILITY.
LISTENERS ARE NOT LICENSED PROFESSIONALS UNLESS EXPLICITLY STATED IN THEIR PROFILE. LISTENERS ARE volunteer caring listeners or contractors. THEY DO NOT PARTICIPATE IN ANY MEDICAL OR MENTAL HEALTH PRACTICE; THEY DO NOT DIAGNOSE, PROVIDE TREATMENT PLANS, OR INTERVENE. One Caring Team IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND One Caring Team DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH LISTENER. One Caring Team STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL.
ADDITIONAL TERMS RELATED TO INTERACTIONS WITH MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER LISTENERS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION.
This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
IF A MEMBER CHOOSES TO INTERACT ON OR THROUGH THE LISTENER PLATFORM WITH ANY MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER LISTENER IN A FIELD REQUIRING LICENSURE AND/ OR CERTIFICATION, THE MEMBER RELATIONSHIP (AS WITH ALL OTHER LISTENERS) IS STRICTLY WITH THE LISTENER. One Caring Team IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND One Caring Team DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH LISTENER.
THE ADVICE OR INFORMATION PROVIDED BY MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS AND PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A DOCTOR OR OTHER HEALTH PROFESSIONAL. MEMBERS SHOULD NOT RELY ON OR MAKE HEALTH DECISIONS BASED ON ADVICE PROVIDED BY ANY LISTENER ON THE LISTENER PLATFORM. One Caring Team STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL.
THE ADVICE OR INFORMATION PROVIDED BY ATTORNEYS AND OTHER LISTENERS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR AN IN-PERSON MEETING.
One Caring Team DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY OR EVALUATE, OR OTHERWISE PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO, ANY MENTAL HEALTH PROFESSIONAL, MEDICAL PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL OR LISTENER ON THE SITE. MEMBER UNDERSTANDS THAT IT IS HIS OR HER RESPONSIBILITY TO CHECK THE CERTIFICATION AND/OR LICENSING OF THE MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL LISTENER WITH THE APPLICABLE STATE LICENSING BOARD OR AUTHORITIES IN THE LISTENER'S STATE OR COUNTRY.
Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Listener may have been accessed through Listener Platform or a Site, One Caring Team cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Listener. Member also acknowledges and agrees that Member takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other Listener through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other Listener, and that the role of One Caring Team is strictly limited to providing access to such professionals and other Listeners for Member's consideration.
Member hereby releases and agrees to hold harmless One Caring Team and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Listener in a field requiring licensure and/or certification, who may be accessed through the Listener Platform or any Site.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Disclaimer of Warranty One Caring Team DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE THE QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY LISTENER OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY LISTENER. NOTHING CONTAINED IN THIS AGREEMENT, ON THE LISTENER PLATFORM, ON ANY SITE, ON ANY THIRD PARTY SITE OR PROVIDED OTHERWISE SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY LISTENER; (B) THE LISTENER PLATFORM; (C) ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY LISTENER OR OTHERWISE MADE AVAILABLE ON THE LISTENER PLATFORM; OR (D) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANYTHING OTHERWISE SAID OR WRITTEN BY ANY LISTENER, INCLUDING ANY BIOGRAPHICAL INFORMATION, QUALIFICATIONS, OR OTHER INFORMATION SPOKEN BY ANY LISTENER OR CONTAINED IN OR MADE AVAILABLE ON THE LISTENER PLATFORM, ANY SITE, ANY BLOG OR ANY OTHER FORUM.
MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND LISTENER PLATFORM ARE PROVIDED "AS IS", AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST One Caring Team, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE LISTENER PLATFORM OR ANY LISTENER. THE USE OF A SITE AND THE LISTENER PLATFORM IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, One Caring Team EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
One Caring Team EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO INFORMATION POSTED OR TRANSMITTED BY LISTENERS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A LISTENER, MEMBER MUST EXERCISE A HIGH LEVEL OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST One Caring Team, ITS AFFILIATES, AND/OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND/OR AGENTS WITH RESPECT TO ANY SERVICE OR ADVICE MEMBER RECEIVES, USES AND/OR RELIES ON. One Caring Team WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY LISTENER'S SERVICES OR OTHER INFORMATION ACQUIRED THROUGH THE LISTENER PLATFORM OR THE SITES. THE PURCHASE OF THE SERVICES OF ANY LISTENER IS ENTIRELY AT THE MEMBER'S SOLE RISK.
One Caring Team DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR: (1) THE ACCURACY OR AVAILABILITY OF ANY SITE OR THE LISTENER PLATFORM; OR (2) ANY DAMAGES OR INJURY ARISING FROM OR RELATED TO ANY SITE, THE LISTENER PLATFORM AND/OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION AND/OR OTHER SERVICE PROVIDED OR NOT PROVIDED BY ANY LISTENER.
Additional Disclaimers One Caring Team WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A LISTENER AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A LISTENER.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE LISTENER PLATFORM OR A SITE, THE MEMBER HEREBY RELIEVES One Caring Team, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Limitation of Liability MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT One Caring Team, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) ONE CARING TEAM, ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO One Caring Team OR TO LISTENERS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; AND (B) ONE CARING TEAM DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A LISTENER IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD ONE CARING TEAM HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
Member Affirmation, Conduct and Use By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.
You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.
You are solely responsible for verifying the Listener's identity, qualifications, credentials, biographic information, licenses held and other information.
ONE CARING TEAM is not involved in any transactions between you and any Listener.
ONE CARING TEAM is not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Listeners.
ONE CARING TEAM does not control the quality, relevance or accuracy of any listening or advice provided by Listener, and ONE CARING TEAM does not determine whether any Listener is qualified to provide any specific advice, whether a Listener is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings on the Listener Platform or a Site or any transmissions through the foregoing by a Member or a Listener is accurate, correct, relevant or appropriate.
All interactions between you and an Listener will be billed through the Listener Platform regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with a Listener while using the Sites and to pay to ONE CARING TEAM all fees for services rendered to you by Listeners.
Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on any Site. ONE CARING TEAM may change ratings policy at any time and without warning. ONE CARING TEAM also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system.
Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any ONE CARING TEAM servers, networks or equipment connected to a Site.
Member will not attempt to gain unauthorized access to any other computer system or network connected to a Site.
Member will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any "junk mail", "spam", or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
Member will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by One Caring Team.
Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Member will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
One Caring Team may enable the transfer of files between Members and Listeners. When opening such file attachments received from Listeners it is the Member's responsibility to scan them with an anti-virus software application prior to opening them.
Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
Member will not stalk, threaten or harass any Listener or Member or infringe upon or attempt to infringe upon their privacy.
One Caring Team may elect, but is not required, to review the Member's personal profile and amend any typing or spelling errors. One Caring Team does not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. Without derogating from the above or any other term of this Agreement, One Caring Team may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or One Caring Team's services, including reliance on its accuracy, reliability or legality.
Fees and Payment Member represents and warrants that all credit card and payment information presented by Member is accurate and correct and that Member is fully authorized to use such credit card and payment information for purposes of paying for services made available via the Listener Platform.
One Caring Team will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and a Listener within seven (7) working days from the execution date of each transaction. DUE TO CREDIT CARD AND DEBIT CARD PAYMENT PROCESSES, THERE MAY BE A DELAY IN PROCESSING CHARGES. CHARGES INCURRED OVER A SEVERAL DAY PERIOD MAY BE CONSOLIDATED AND CHARGED AS A SINGLE CHARGE TO THE MEMBER'S CREDIT CARD OR DEBIT CARD. AS A RESULT, IT IS RECOMMENDED THAT MEMBERS KEEP TRACK OF THEIR OWN USAGE.
Member is obligated to report to One Caring Team in cases when he or she was billed directly by a Listener (i.e. not through One Caring Team). Such report should include a description of the service that was rendered by the Listener and the price charged.
Time charges to Members are based on increments of a minute as measured on One Caring Team's servers. Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges. One Caring Team's billing system is not fault-free; therefore One Caring Team shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to firstname.lastname@example.org.
While Members are solely responsible and liable for all uses of the Listener Platform (including, but not limited to, the selection of Listeners, communications with Listeners and fee arrangements with Listeners), and while Members assume the risk that any communications with a Listener may or may not address a Member's questions or otherwise be satisfactory, relevant or acceptable to the Member, in certain limited circumstances One Caring Team may elect to refund a payment made by a Member for a communication session with a Listener.
User Name and Password When you, the Member, create and open an account with One Caring Team, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify One Caring Team of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. One Caring Team encourages Member to change their password at least once a month. One Caring Team will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. One Caring Team will hold you liable and responsible for any losses incurred by One Caring Team due to someone else's use of your account or password.
Links The Sites may contain links or other content related to web sites, products and/or services offered by third parties. One Caring Team has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Member acknowledges and agrees that One Caring Team is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that One Caring Team will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. One Caring Team encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
Advertisements One Caring Team may include in the Sites advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that One Caring Team is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.
Modifications and Termination of Services One Caring Team reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that One Caring Team shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by One Caring Team, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.
One Caring Team's services depend on various factors such as software, hardware and communications networks of One Caring Team, its contractors and suppliers. One Caring Team does not guarantee that One Caring Team's service will be uninterrupted or that it will be timely, secure or error-free.
One Caring Team, in its sole discretion and for any reason, may terminate Member's participation in the services and refuse any and all current or future use by Member of the Sites.
Intellectual Property The Sites contain copyrighted material, trade secrets and proprietary information owned by One Caring Team or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any services offered by One Caring Team. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of One Caring Team or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.
The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of One Caring Team or its licensors, or take any other action that infringes upon or impairs One Caring Team's trademark or other intellectual property rights.
One Caring Team or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, One Caring Team or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.
Legal Requirement to Disclose ONE CARING TEAM MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF ONE CARING TEAM REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY.
Copyright Policy ONE CARING TEAM respects the intellectual property of others, and we ask our users to do the same.
ONE CARING TEAM may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ONE CARING TEAM's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Site, including the URL; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ONE CARING TEAM's Copyright Agent for Notice of claims of copyright infringement can be reached via email at email@example.com.
Limited License ONE CARING TEAM grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
Indemnification Member shall defend, indemnify and hold ONE CARING TEAM, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Listener; (c) any content Member submits, posts or transmits through a Site and/or the Listener Platform or otherwise provided by Member; and (d) Member's use of any Site and/or the Listener Platform. This section shall survive expiration or termination of this Agreement.
Notice ONE CARING TEAM may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Listener Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Listener Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to ONE CARING TEAM must be delivered via express delivery or regular mail to:
One Caring Company, Inc. Attn: Legal Department 1 Devonshire Blvd. #8 San Carlos, CA 94070
No Assignment You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of One Caring Team. Any purported assignment without the prior written approval of One Caring Team will be null and void and of no force or effect.
Miscellaneous Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of California (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in San Francisco, CA. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between One Caring Team and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by One Caring Team with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Listener Platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Welcome to onecaringteam.com. Privacy is extremely important to us, so we have taken several steps to protect your privacy.
Personal data is information that can be used to identify you as an individual.
By registering on the onecaringteam.com service, you agree:
Browser Information and Usage Information. We log web browser information (e.g. Internet Protocol addresses and browser types) and other usage information from One Caring Team's Sites and One Caring Team's Listening Platform such as page view tallies, time spent on each page, geographic location information, page browsing information, subject matter browsing information and operating system information. If a Member or User is using a mobile or other portable device to visit or access One Caring Team's Site or One Caring Team's Listening Platform, we may collect hardware information related to the device used by the Member or User. Your browser may be set to limit or prevent any of the browser information described above from being transmitted.
One Caring Team may allow Members to sign in to One Caring Team's Listening Platform and/or enroll as a Member by using the sign-in credentials used by such visitor on a third party social media website (e.g., Facebook). By signing in or enrolling using the third party website's credentials, the Member consents to One Caring Team collecting and maintaining the information provided via such third party website. One Caring Team is not responsible for the privacy practices of any third party website.
Requests for Information, News and other Content. When you sign up to become a Member or a Listener/Life Coach, you may sign up to receive information, news and other content related to new and existing products and services related to One Caring Team's Sites, One Caring Team's Listening Platform and events and other information related to One Caring Team that may be of interest to you. You may also sign up to receive information, news and other content from third parties whose services and/or products we believe may be of interest to you. You will be asked to provide Personal Information, such as contact details and other information, relevant to delivering such news and information. We maintain all such information.
Technical Support Requests. If you need technical support related to One Caring Team's Sites or One Caring Team's Listening Platform, you will need to complete a form for the purposes of defining and clarifying your technical support request. When submitting a technical support request, you will be asked to provide Personal Information, including an email address and a description of the issue. We maintain copies of all technical support requests and other information submitted with or related to such requests.
Promotions. From time to time, we may offer promotions on One Caring Team's Site or via One Caring Team's Listening Platform. If we do, and if you wish to participate, you may be required to provide Personal Information, such as contact information and other information. We maintain such information.
Listener/Life Coach Applicants. If a visitor wishes to apply to be a Listener Life Coach on One Caring Team's Listening Platform, the visitor will be required to submit Personal Information as requested. Any information supplied by or on behalf of a visitor for purposes of becoming a Listener Life Coach will be maintained by One Caring Team as well as third party affiliates and other third parties. Please note that One Caring Team may have additional privacy terms that apply to Listener Life Coaches. Such terms will be made available when an applicant applies to be Listener Life Coach when an applicant otherwise accesses his or her account.
Browser Information and Cookies. We use browser information, cookies and pixel tags to determine whether a communication service or marketing material should be deployed on your browser when you are visiting One Caring Team's Site or using One Caring Team's Listening Platform. We may also use browser information, cookies and pixel tags: to determine how you arrived at One Caring Team's Site or One Caring Team's Listening Platform, to determine whether you are a return visitor, to help us improve our product and service offerings, for quality assurance and training purposes, to help diagnose problems with our servers, to gather broad demographic information, to administer and optimize our services, to deliver marketing or other materials to you on behalf of third parties and for other lawful purposes.
Aggregate Information. We may aggregate information so that it is not Personal Information, and we may use and share such aggregated information for training and quality assurance purposes, for purposes of delivering our services, for purposes of expanding and improving our services and for other lawful purposes.
How does One Caring Team protect your information? Security. Data transmissions over the Internet cannot be guaranteed to be fully and absolutely secure. Our website and our services have security measures in place designed to protect against the loss, misuse and alteration of the information under our control. Our security measures include the measures described below.
Encryption and Firewalls. Chat transcripts are encrypted during transmission. We use standard Secure Socket Layer (SSL) encryption that encodes information for such transmissions. All Transcripts are maintained on secure servers. Access to stored data is protected by multi-layered security controls including firewalls, role-based access controls and passwords.
Encryption is the process of transforming information into unreadable text so that it is only legible to those possessing an encryption key. The process of making encrypted information readable again is referred to as decryption.
Pixel tags are small graphic images that are embedded in a web page or email for purposes of tracking activity on web pages or whether a user has opened or accessed an email. A pixel tag may be set to identify on what browser and computer it was viewed, whether that browser has cookies received from a server associated with the pixel tag, and whether the web page or email with the pixel tag was forwarded or copied.
Web browser is a software program that allows a user to access, retrieve and view information on the World Wide Web. Examples of browsers include Internet Explorer, FireFox, Google Chrome and Safari.
Information that onecaringteam.com collects from Users requesting calls When you request a chat or call on onecaringteam.com, we collect personal information that is necessary for you to use the Service. This information is known as Personal Data and includes your name or alias and contact phone number. We also collect meta-data about the overall site, like the frequency of page views and other aggregate information. Finally, we collect information about your computer, like your IP address and browser information.
In the event that a User elects to purchase paid services, other Personal Information such as name, address and credit card payment information will be collected in order to process payment.
OneCaringTeam.com may also record your IP address when submitting information in order to combat online crime or fraud.
Information that OneCaringTeam.com collects from registered listeners We collect information about you in a variety of ways. When you register with OneCaringTeam.com as a listener, we collect personal information that is necessary for you to use the Service. This information is known as Personal Data and includes your name, username, password, contact phone number and other information that may appear in your public profile. We also collect meta-data about the overall site, like the frequency of page views and other aggregate information. Finally, we collect information about your computer, like your IP address and browser information.
OneCaringTeam.com may also record your IP address when submitting information in order to combat online crime or fraud.
OneCaringTeam.com may also require an Employer Identification Number or other Tax ID number for Tax purposes depending on payments you receive for providing your services.
You are responsible to keep your password secure. You can also decide not to share any Personal Data with OneCaringTeam.com by not registering with OneCaringTeam.com as a listener. You can also cancel your OneCaringTeam.com account.
Social Applications These services allow the web site to access the data on your profile in the social networks, and to interact through your post. These services are not activated automatically, but require express authorization by the user.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
For content that is covered by intellectual property rights, like photos and videos you specifically grant OneCaringTeam.com a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with OneCaringTeam.com (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
You will not create more than one personal profile.
If we disable your account, you will not create another one without our permission.
Mobile We will provide any mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
You understand that we may not always identify paid services and communications as such.
Child Protection OneCaringTeam.com complies with the Children's Online Privacy Protection Act and clearly specifies that users must be at least 18 years-old. If OneCaringTeam.com learns of a user who is younger than 18, then OneCaringTeam.com, at their sole discretion, can terminate that account.