IMPORTANT – READ CAREFULLY. THESE TERMS AND CONDITIONS (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND CULTURE CARE COLLECTIVE®, INC. AND/OR ITS AFFILIATES (COLLECTIVELY, “CULTURE CARE COLLECTIVE®") FOR THE WEBSITE, CULTURECARECO.COM (THE “WEBSITE”), THE CULTURE CARE COLLECTIVE® SERVICE AND ANY RELEVANT INFORMATION, FEATURES, FUNCTIONS, AND ADDITIONAL APPLICATIONS OR SOFTWARE THEREOF (COLLECTIVELY, “SERVICES”) PROVIDED BY CULTURE CARE COLLECTIVE® OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS. YOU ACKNOWLEDGE AND AGREE TO COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS IN USING THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL APPLICABLE EXPORT RESTRICTION LAWS AND REGULATIONS. BY AGREEING TO THESE TERMS OR BY INSTALLING OR OTHERWISE USING CULTURE CARE COLLECTIVE®, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT INSTALL OR USE CULTURE CARE COLLECTIVE®.
Effective Date: May 1st, 2022
Important Information and Disclaimers:
CULTURE CARE COLLECTIVE does not provide medical services or medical advice. CULTURE CARE COLLECTIVE does not make any representations or warranties about the training or skill of any Providers (defined below) who provide services via these SERVICES. You are ultimately responsible for choosing your Provider, if any. All Providers are independent of CULTURE CARE COLLECTIVE. Any information or advice received from a Provider comes from the Provider alone, and not from CULTURE CARE COLLECTIVE. Any information found, acquired, or accessed through these SERVICES is made available only for your convenience and should not be treated as medical advice. CULTURE CARE COLLECTIVE is not responsible or liable for any advice obtained from a Provider or any other user of these SERVICES. You acknowledge that your reliance on any information provided by any Provider or any other user via these SERVICES is solely at your own risk. No doctor-patient relationship is created by the use of these SERVICES.
These SERVICES are not intended for use in the detection, diagnosis, monitoring, management, or treatment of any medical condition, disease, or vital physiological process, or for the transmission of time-sensitive health information. Information you receive via these SERVICES is not a substitute for a formal diagnosis or physical examination and should not be used to treat a medical condition. Do not ignore or delay obtaining professional medical advice because of information you obtain through these SERVICES. You understand and agree that any information you obtain from these SERVICES may not be suitable, accurate, complete, or reliable and that CULTURE CARE COLLECTIVE will not be held liable for any injuries, damages, losses, and/or costs associated with these SERVICES, nor for the accuracy or reliability of any information found, acquired, or accessed through these SERVICES.
CULTURE CARE COLLECTIVE may make available certain services, connecting devices, websites, and software from third-party service providers (“Third-Party Services”), provided and powered by third-party providers, that will enable you to directly communicate with such medical providers or facilities, providers’ content, devices, and/or software (“Provider”). The Providers are independent of CULTURE CARE COLLECTIVE and these SERVICES do not furnish any of the Providers’ services but offer a platform on which you may interact directly with them. You hereby acknowledge and agree that any Third-Party Services are being provided to you by the Provider and not by CULTURE CARE COLLECTIVE. CULTURE CARE COLLECTIVE is not responsible for the accuracy, reliability, timeliness, and completeness of information contained in any Third-Party Services, or for the security or safety of using them.
If you are 13 or older but under the age of 18, you represent that you have reviewed these TERMS with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of these TERMS. If you are a parent or guardian permitting a person under the age of 18 (“Minor”) to use these SERVICES, you agree to: (i) supervise the Minor’s use of these SERVICES; (ii) assume all risks associated with the Minor’s use of these SERVICES; (iii) assume any liability resulting from the Minor’s use of these SERVICES; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and be bound by this Agreement for the Minor’s access and use of these SERVICES.
1. OWNERSHIP; PROPRIETARY RIGHTS.
These SERVICES include software and data provided by third parties. You acknowledge that these SERVICES are proprietary to CULTURE CARE COLLECTIVE and all content and all other elements (whether written or otherwise) of these SERVICES (collectively, the “MATERIALS”) as well as their selection and arrangement, and all intellectual property and other rights relating to MATERIALS and its licensors and protected under applicable copyright and other intellectual property laws and treaties. You agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the MATERIALS. These TERMS and your use of these SERVICES do not grant you any ownership interest in or to these SERVICES, and you are granted only a limited license to use that is revocable in accordance with the terms of these TERMS. You may not use these SERVICES to reproduce copyrighted materials, or materials to which you do not have the right or legal approval for reproduction.
2. RESTRICTIONS
You may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of these SERVICES; (ii) modify or disable any features of these SERVICES; (iii) create derivative works based on these SERVICES, except to the extent that your local law requires you to be able to do so; (iv) rent, lease, lend, sublicense, or provide commercial hosting services with these SERVICES; (v) infringe our intellectual property rights or those of any third party in relation to your use of these SERVICES (to the extent that such use is not licensed by this Agreement); (vi) use these SERVICES in any unlawful manner, for any unlawful purpose, or in any commercial manner, for any commercial purpose, or in any manner inconsistent with these TERMS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into these SERVICES or any operating system; (vii) use these SERVICES in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; and (viii) collect or harvest any information or data from these SERVICES or our systems or attempt to decipher any transmissions to or from the servers running these SERVICES.
3. MODIFICATION, UPDATE, OR SUSPENSION OF THE SERVICE
CULTURE CARE COLLECTIVE may, at any time, provide or make available updates or upgrades to these SERVICES (“UPDATES”), including, without limitation, changing the name of these SERVICES, bug fixes, service enhancements, new features, deletion of existing functions, or modification of these SERVICES. UPDATES will be governed by these TERMS unless separate terms and conditions are provided with such UPDATES, in which case those separate terms and conditions shall govern the UPDATES. UPDATES for security software, critical bug fixes, or other important UPDATES may be automatically downloaded and installed, given the importance of receiving such UPDATES in a timely manner.
CULTURE CARE COLLECTIVE expressly reserves the right to change, suspend, remove, limit the use of, or disable access to these SERVICES or any portion thereof at any time without notice or liability. These TERMS are effective until terminated. You can terminate these TERMS by ceasing your use of these SERVICES, and uninstalling, deleting, and returning all related software, documentation, and other materials provided by CULTURE CARE COLLECTIVE, including backup copies thereof. Should you not comply with these TERMS, your rights based on the TERMS will be automatically terminated without notice from CULTURE CARE COLLECTIVE. Upon termination of these TERMS, you must immediately cease all use of these SERVICES.
4. THIRD-PARTY SERVICES AND CONTENT
Third-party services and/or content may be available to you through these SERVICES. To the extent permitted by law, CULTURE CARE COLLECTIVE disclaims any warranty, condition, or representation in respect of any third-party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third-party rights, and compliance with any applicable laws or regulations. The use of third-party services and content may be governed by the terms of use of the third-party providers, or any license agreements, privacy policies, or other such agreements.
5. CONSENT FOR COLLECTION AND USE OF DATA
You acknowledge and agree that CULTURE CARE COLLECTIVE and/or parties that are entrusted by CULTURE CARE COLLECTIVE may collect and use information necessary to provide these SERVICES and UPDATES, and improve or enhance these SERVICES. At all times your information will be treated in accordance with CULTURE CARE COLLECTIVE's Privacy Policy, which can be viewed HERE.
6. DATA ACCESS
Some features of these SERVICES may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. These SERVICES may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of these SERVICES may be affected by the suitability and performance of your device hardware or data access.
7. WARRANTY
CULTURE CARE COLLECTIVE AND THESE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS OF ANY KIND FROM CULTURE CARE COLLECTIVE OR ITS THIRD-PARTY LICENSORS OR SUPPLIERS, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CULTURE CARE COLLECTIVE DISCLAIMS ALL WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CULTURE CARE COLLECTIVE SHALL BE DEEMED TO ALTER THIS DISCLAIMER, OR TO CREATE ANY WARRANTY OF ANY SORT FROM CULTURE CARE COLLECTIVE.
WITHOUT LIMITING THE FOREGOING, CULTURE CARE COLLECTIVE DOES NOT WARRANT THAT ACCESS TO THESE SERVICES, OR ANY FEATURE OR FUNCTION THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES CULTURE CARE COLLECTIVE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, SAFETY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY, OR SUITABILITY OF THESE SERVICES OR ANY OF THE INFORMATION CONTAINED THEREIN.
8. LIMITATION OF LIABILITY AND DAMAGES
CULTURE CARE COLLECTIVE, ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INJURIES, DAMAGES, OR LOSS (COLLECTIVELY, “DAMAGES”) OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE, THE INABILITY TO USE, OR YOUR RELIANCE UPON THESE SERVICES, ITS CONTENT OR FUNCTIONALITY, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FAILURE TO CONNECT TO TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET, NETWORK CHARGES, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF CULTURE CARE COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CULTURE CARE COLLECTIVE’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, THOSE BASED ON BREACH OF CONTRACT, NEGLIGENCE, NEGLIGENT REFERRAL, STRICT LIABILITY, MALPRACTICE, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THESE SERVICES, OR ANY OTHER PROVISION OF THESE TERMS, SHALL NOT EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO CULTURE CARE COLLECTIVE UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (II) ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. INDEMNIFICATION
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS CULTURE CARE COLLECTIVE, ITS LICENSORS, SUPPLIERS, CONTRACTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES (INCLUDING LEGAL FEES AND EXPENSES) ARISING OUT OF YOUR USE OF THE SERVICE, YOUR VIOLATION OF THE RIGHTS OF ANY THIRD-PARTY, OR ANY BREACH OF THESE TOS. YOU EXPRESSLY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE PROVISIONS OF CLAUSES 7, 8, AND 9 ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
10. DISPUTES
These TERMS shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. The failure of a party to exercise or enforce any right or provision of these TERMS will not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of these SERVICES or TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any claims brought by you or CULTURE CARE COLLECTIVE must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither you nor CULTURE CARE COLLECTIVE will participate in a class action or class-wide arbitration for any claims covered by these TERMS. You hereby waive any and all rights to bring any claims related to these TERMS and/or CULTURE CARE COLLECTIVE's Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties hereby agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (not withstanding any other provision in these TERMS); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
11. MISCELLANEOUS
These TERMS are the entire agreement between you and CULTURE CARE COLLECTIVE relating to these SERVICES and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to these SERVICES or any other subject matter covered by these TERMS. If any provision of these TERMS is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect. You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
These TERMS and any rights and licenses granted hereunder may not be transferred or assigned by you. CULTURE CARE COLLECTIVE may at any time, for any reason and without restriction, transfer or assign these TERMS and the obligations contained in these TERMS to a third party. You hereby acknowledge and agree that if another company acquires CULTURE CARE COLLECTIVE or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your information and you agree to such transfer without further action or confirmation.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of these TERMS, do and hereby survive any expiration or termination of these TERMS or any termination of your use of access to these SERVICES.
CULTURE CARE COLLECTIVE may provide you with notices, including those regarding changes, modifications, additions or remove portions of these TERMS (each, an “UPDATE”) to these TERMS, by email, regular mail or postings provided through any medium, and such UPDATEs will be effective immediately. If CULTURE CARE COLLECTIVE make UPDATEs to these TERMS, CULTURE CARE COLLECTIVE will change the “Effective Date” date above, which shall constitute notice to you. Your continued use of these SERVICES is deemed to confirm your acceptance of the UPDATE. CULTURE CARE COLLECTIVE encourage you to frequently review these TERMS to ensure you understand the latest terms and conditions associated with use of these SERVICES. If you do not agree to the UPDATE, you must discontinue using these SERVICES. You must provide notice to CULTURE CARE COLLECTIVE by email or regular mail using the information on the WEBSITE.