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SERVEWELLTERMS OF USE

The following Terms of Use (“Terms of Use” or “Agreement”) govern your access and use of www.servewell.com (“Website”), all related online and mobile software and web applications ( the “Application”, collectively the Website and Application shall be referred to as the “Sites”) owned and operated by Preferred Senior Living Services (references to “ServeWell”, the “Company”, “we”, “us”, and “our” are references to Preferred Senior Living Services); “you” or “user” shall refer to you the person entering into this Agreement with ServeWell. Additional terms or agreements may apply to Care Managers or Care Providers (defined below) who provide any non-medical care giving services through the ServeWell Sites or Applications.

By clicking “I agree” or accessing or using the Sites you agree to be bound by the Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use, your sole recourse is to discontinue use of the Sites and any Services offered immediately. These Terms of Use may be updated frequently, and we encourage you to review them each time you use the Sites.  Where material modifications are made to the Agreement we will notify you and you must agree to the modifications before you may continue using the Sites or any ServeWell Services.

Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

About ServeWell Definitions

Thank you for choosing ServeWell. For Clients and Care Seekers the ServeWell services (“Services”) are defined solely as access to the Sites and the ability for users to use the Sites to schedule, arrange, and make payment for non-medical care giving services with independent third party care providers (“Care Providers”) who use the Sites as a scheduling and payment platform. Users receiving non-medical care giving services from Care Providers shall be referred to as “Care Seekers”; while users paying for the care giving services via the Sites shall be referred to as “Clients”.

ServeWell does not employ or recommend any caregivers. ServeWell, and the online tools it provides, including the ServeWell website are made available to assist families and caregivers in connecting online. Each individual is solely responsible for selecting their caregiver or care seeker, and for acting in accordance with the state and federal laws that apply to the relationship that is established between the family and the caregiver. This includes payment of all payroll related taxes if the Client and Care Seeker enter into an employment relationship with a Care Provider.

Clients and Care Seekers acknowledge the following provisions regarding the Services:

Ownership / Restrictions on Use

The Sites and any Services provided are owned and operated by ServeWell including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Sites or available via a link from Sites to a page created by ServeWell on another website (collectively, the "Content"), are the sole property of ServeWell and/or its licensors.  All ServeWell Content is protected by US and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.  

Use of the Content for any purpose not expressly permitted in these Terms of Use or otherwise consented to by ServeWell is prohibited.  You may download or print one copy of the Content to any single device and use one copy of the Content in connection with a cloud-based service provided in each case the copy of the Content is for your personal, non-commercial, informational use only and provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content.  Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of the Company.  To obtain written consent for such reproduction, please contact us at: info@servewell.com

Disclaimer

Please be aware that anything found on our Sites and any other services offered is “as-is.”  Additionally any information or content found on our Sites, including any notifications or tools provided, are offered only for informational and educational purposes.   Further, ServeWell may verify the Care Providers found on its Platform but does not endorse, recommend, and is not otherwise affiliated with any Care Provider. Further, you agree that we are not responsible for any Care Provider Content (defined below) or Your Content (defined below) found on the Platform. ServeWell has no liability to users for any Care Provider Content or Your Content, including all information, copy, images, URL names, and anything else provided by any third parties using the Platform. You understand that any Care Provider Content, Your Content, or any other information may be inaccurate, unsubstantiated or possibly even incorrect.  Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform,  directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you; inability to access to the Platform;  failure of a communications satellite; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform. ServeWell is not a party to any contracts created between any Clients and Care Seekers and any Care Providers. ServeWell is merely a scheduling Platform where Care Providers, Clients, and Care Seekers may interact. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, Clients, Care Seekers, Care Providers, or other third parties will be limited to a claim against such parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from ServeWell with respect to such actions or omissions.

Medical and Professional Advice

The Sites do not provide medical advice. The information on the Sites are for informational and educational purposes only, and do not represent the practice of medicine, nor is it intended to diagnose, treat, or provide definitive disease management. The Sites are meant to provide information related to the activities of daily living and to provide informational updates about a Booking. They are not intended to diagnose or treat any disease or disorder or otherwise substitute for professional health care services.  No interaction with the Sites creates a doctor-patient relationship between ServeWell and you as defined under US federal and state laws. ServeWell does not give medical opinions, recommendations or advice via the Sites.  

DO NOT USE ANY APPROACH OR OBSERVATIONS DISCUSSED ON THE SITES, INCLUDING INFORMATION VIA A CARE PROVIDER, AS A SUBSTITUTE FOR THE ADVICE AND COUNSEL OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. If you believe you are experiencing some type of medical condition or emergency, please contact an emergency responder or your doctor for an in person if you are looking for a personal medical evaluation, diagnosis, or prescription. Do not delay receiving treatment for any health or medical issues due to any content or information found on our Sites. We are not responsible for any decisions or diagnoses which you might claim to come by based upon any content published on our Sites.  NONE OF THE CARE PROVIDERS ENCOUNTERED ON THE SITES ARE LICENSED TO PRACTICE MEDICINE. ANY MEDICAL RELATIONSHIP CREATED BETWEEN YOU AND A CARE PROVIDER, IS SOLELY BETWEEN THE RESPECTIVE PARTIES AND DOES NOT INVOLVE SERVEWELL; YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF OUR CARE PROVIDERS OR OTHER THIRD PARTIES USING THE PLATFORM.  RELIANCE ON ANY INFORMATION PROVIDED ON THE PLATFORM IS SOLELY AT YOUR OWN RISK.

Account Registration

You will need to create an account to use certain features of the Sites. You can create an account by providing an email address and password. Certain account features are only accessible if you have an account that has been authenticated by ServeWell, such as an account to access the Application. The available features vary depending on your relationship with ServeWell (e.g., as a Client or Care Provider). Additional terms may apply to an authenticated account in accordance with any other Additional Agreements (defined below). Once you have submitted your registration details we may review your submission and reserve the sole right and discretion in granting or denying any accounts.  You are not permitted to allow a third party to access your account unless you have the prior written permission of ServeWell. You are responsible for the actions of any third party that you allow to access your account.

A ServeWell Care Seeker receiving non-medical care may consent to having a profile on the Sites and may select individuals who can access information about their Bookings. If you are an individual selected to subscribe to a specific Care Seeker, you may have access to the information selected by the Care Seeker by creating an account and downloading or accessing the Application. When you create an account with us, you agree to provide true, current, complete and accurate information as requested, and to update that information as soon as possible after any information on such registration changes.

You alone are responsible for keeping your account log-in information confidential, and for any and all activity that occurs on the Sites using that account.  ServeWell will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Authorization of Third Parties

Through the Sites, Clients may request Services for third parties that are Care Seekers.  If you are a Client requesting Service for a third party, you expressly authorize us to contact these persons in the event that the Service is activated.   Additionally, you represent and warrant that you have received their permission to submit their contact information.

Additionally, if you are signing up another individual, you agree that we may contact that person to determine whether that person wishes to use any Services offered.  By signing up a third party to our Service you represent and warrant that you have received their express permission before initiating such a sign-up. Additionally, you agree to indemnify us from any claims related to the sign-up of that third party.  

License to Use

The Application is licensed, not sold. We grant you a non-exclusive, non-transferable, fully revocable, limited license to install the Application on any single computer, mobile device, tablet, or similar technology, and to use the Application, solely to be used in connection with our Services for your private, personal, use. Where users are Clients of ServeWell, your license is solely for non-commercial use. Where users access our Website, ServeWell grants you access to the Website under the same conditions as the license listed above. The Sites are protected by copyright and other intellectual property laws and treaties and is owned or licensed to us. Additionally, you agree to abide by the following:

We may automatically check your version of the Sites and notify you of improvements to its performance and capabilities.  Please be aware that if you have violated any of the licensing provisions or if we believe your conduct may harm ServeWell, we may revoke your license immediately.

Code of Conduct

When accessing and using our Sites, you are responsible for your use of the Sites and any use of the Sites made by your account. You agree to abide by all applicable federal, provincial, territorial and other laws and regulations.

In addition, without limiting the foregoing, you agree not to use the Sites, including using the Sites to share any content or to communicate with ServeWell, in any manner that:

  1. infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);

  1. is unlawful, fraudulent or deceptive ,or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, racially, ethnically or otherwise misleading or objectionable;

  1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  1. for the purpose of misleading others, causes the creation of a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Sites;

  1. is misleading and inaccurate, including providing reviews or comments on ServeWell Care Providers that are not based on your experience with that Care Provider or that are not based on your own genuine opinion;

  1. impersonates any person or entity, including, but not limited to, aServeWell employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  1. causes the upload of any content that contains any form of destructive software;

  1. uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of the Sites;

  1. copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Sites;

  1. attempts to gain unauthorized access to the Sites, other computer systems or networks connected to the Sites;

  1. takes any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

  1. interferes with or disrupts networks or servers connected to the Sites;

  1. facilitates or encourages any of the above conduct;

  1. violates US federal or state laws;

  1. attempts to libel, defame, stalk, harass, bully or harm another individual who uses our Sites;

  1. causes, or aids in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Sites, including the de-indexing or de-caching of any portion of our Sites from a thirty party’s website, such as by requesting its removal from a search engine; or

  1. violates any requirements, procedures, policies or regulations of networks connected to ServeWell.

ServeWell may terminate or suspend your use of the Sites if you have violated any of the above restrictions or if ServeWell determines that any of your behaviour may harm its Sites or any Services offered.

User Uploads and Content

We allow users to upload content to the Sites, such as to enter information in the Sites or make a comment on a blog. You retain all ownership and intellectual property rights in and to any data uploaded to the Sites(“Your Content”)and/or shared via the Sites. By submitting Your Content you warrant and represent that (i) Your Content is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright or you have a licence from the owner of Your Content and permission to upload Your Content and (ii) the posting and use of Your Content on or through the Sites, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights and (iii)  you grant us a worldwide, limited, royalty-free, irrevocable, transferable, assignable, and sub-licensable license to use, reproduce, publish, and display Your Content in whole or in part, without charge, for the purposes of providing the Sites.

If you upload Your Content to public areas of our Website such as in a blog comment, you grant us a worldwide, limited, royalty-free, irrevocable, transferable, assignable, and sub-licensable license to use, reproduce, publish, and display Your Content in whole or in part, without charge, for any purpose, including advertising or publicity/promotional purposes.

You agree to indemnify and hold harmless ServeWell from any claims arising from or related to a breach of these warranties and representations, and you waive any and all moral rights that you may have in Your Content. Please be aware that we are not required to host, display, migrate, or distribute any of Your Content and we may refuse to accept or transmit any of Your Content.   You agree that you are solely responsible for Your Content submitted and you release us from any liability associated with Your Content submitted.  You understand that we cannot guarantee the absolute safety and security of Your Content.  Any of Your Content found to be in violation of the Terms of Use or that we determine to be harmful to the Sites may be modified, edited, or removed at our discretion. ServeWell does not endorse and may not verify, monitor, or restrict Your Content submitted.  You agree that any third party content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.  

This section does not apply to Care Providers, employees and contractors of ServeWell who use the Sites in the course of their duties. All content uploaded by Care Providers, employees and contractors of ServeWell belongs to ServeWell and/or the Client.

Care Provider Content

Care Providers (collectively “Care Provider Content”)may be able to post content including but not limited to notifications, texts, video, audio, messages, photos, images or any other information. All Care Provider Content is subject to the same provisions as stated in the Your Content section of this Agreement.   Please be aware that Care Provider Content is NOT MEDICAL ADVICE AND DOES NOT CREATE A PATIENT CLIENT RELATIONSHIP BETWEEN CARE PROVIDER AND ANY CARE SEEKERS. ServeWell is not responsible for any Care Provider Content or any other errors in any Care Provider Content displayed or delays in displaying any Care Provider Content. All Care Provider Content on the Sites are either transmitted to ServeWell from Care Providers or are obtained through public data sources. ServeWell does not endorse and may not verify any of the Care Provider Content You agree that any information or notifications from the Sites may be inaccurate, unsubstantiated or possibly even incorrect.  If you find any issues with any content please contact us.

Monitoring

ServeWell shall have the right, but not the obligation, to monitor Your Content and Care Provider Content on the Sites at all times, including but not limited to any comment sections or user feeds that may hereinafter be included as part of the Sites, to determine compliance with the Terms of Use and any operating rules established by us. Without limiting the foregoing, ServeWell shall have the right, but not the obligation, to remove Your Content and Care Provider Content that ServeWell in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Third-Party Websites and Services

We may offer links on the Sites to websites owned and operated by third parties.  We provide these links as a convenience.  We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites.  You assume full responsibility for your use of third party websites.  Such websites may be governed by terms and conditions different from those applicable to the Sites, and we encourage you to review the terms and privacy policies of those third parties before using their websites.  

The Sites may include a feature that enables you to share certain content from the Sites, such as information from a Sites feed (including care activity updates and photos), via a third party, such as Facebook, Instagram or Twitter, which may be publicly posted on that third party's service or application. This will require you to log in to your account on the third-party service. We do not control these third party services or any of their content and is not responsible or liable for any such third-party services or features or for their availability.  Your use of these third party services or application is at your own option and risk, and you hold the Sites harmless for activity related to the use of these services. Please remember that any information you disclose on a third party service may cause your or the person receiving care’s personal information to become publicly disclosed, so it is important for you to carefully consider what, if any, personal information you choose to share.

We may also offer links to Content created by us and available on other websites.  If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those websites while you are visiting them.

Prices

All prices on our Sites quoted are payable in US dollars for any Services provided. Although we strive to provide accurate pricing information, errors may occur.  We reserve the right to correct any errors in pricing. Additionally, we reserve the right to increase prices (ServeWell fees, not the Care Provider rate set by the Care Provider) at our discretion, where price increases do occur we shall notify you. We cannot confirm the price of our Services until after you complete a booking.  Additional terms related to pricing, bookings, and cancellations of our Services are set out in these terms.

We value your security and privacy with all online transactions.  While we implement security measures on these Sites, you should be aware that 100% security is not always possible.

Creating a Booking and Making Payment

Clients who wish to engage with Care Providers shall be required to make a booking (“Booking”).  Each Booking may be made in flexible time increments and will be undertaken by an independent Care Provider.  A Booking shall also describe the duties required for the Care Seeker receiving the Booking. Client understands that charges may result for each Booking received from a Care Provider ("Charges"). After Client has confirmed a Booking with a Care Provider, ServeWell as a limited payment agent will facilitate Client’s payment of the applicable Charges on behalf of the Care Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Care Provider. Charges will be inclusive of applicable taxes where required by law; however any employment related taxes (for example, payroll taxes) due to the use of a Care Provider are the responsibility of the Client.  Client may choose to use HomeWork Solutions, a third party tax and payroll service, to simplify the process.

ServeWell may use software from third parties to facilitate the collection and processing of credit card information.  Client grants ServeWell the permission to share the required information with third parties in order to complete the credit card transactions.  

ServeWell does not provide paper invoices, however Clients have access to all billing information online.

HIPAA

Please be aware that no information collected via the Services is considered Protected Health Information as defined under the Health Insurance Portability and Accountability Act (“HIPAA”).  The Services provided and the Bookings made by Care Providers are non-medical in nature. Any information collected by the Sites relating to a Care Seeker is merely for informational purposes to assist any Care Providers in undertaking a Booking.  All information will be disclosed in accordance with our Privacy Policy. If you have any questions please contact us at info@servewell.com.

Service Availability and Modifications

There will be occasions when the Sites will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruptions where it is within our reasonable control. From time to time, and without notice to you, we may add or delete certain features or functions from the Sites. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites.  From time to time we make modifications or updates to the Sites, please be aware that we are not required to make any updates or modifications but may do so at our own discretion.

We shall have no liability or responsibility with respect to any lost data, such as messages, such as deletion or failure to store messages, communications or other messages transmitted to you.

No Warranties

DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, SERVEWELL CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE SITES.  SERVEWELL DOES NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. WITHOUT LIMITING THE ABOVE, THE SITES, ANY CONTENT, AND THE SERVEWELL SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND SERVEWELL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.  ADDITIONALLY, SERVEWELL DOES NOT REPRESENT OR WARRANT (1) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITES OR ANY DOWNLOADABLE SOFTWARE, (2) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, (3) THE SITES OR SERVICES PROVIDED WILL BE SATISFACTORY OR (4) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.

Limitations of Liability

IN NO EVENT SHALLSERVEWELL,  ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE SITES OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE SITES, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES OR THE RELATED SERVICES, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (6) YOUR INTERACTIONS WITH ANY CARE PROVIDERS OR THIRD PARTIES OR ANY CARE PROVIDER OR THIRD PARTY CONTENT PLACED ON THE SITES, (7) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY SERVEWELL’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE OUR SITES.

Indemnification

By using the Sites you agree to defend, indemnify and hold harmless ServeWell, its licensors, contractors, agents and partners and their respective employees, officers, directors, contractors, agents and partners from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of the Sites, connection thereto, any allegation that you violated a third party right  or any alleged violation by you of these Terms of Use. This defense and indemnification obligation will survive the termination of the Terms of Use and your use of the ServeWell Sites. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Minors

You must be at least eighteen (18) years old to use the Sites and if you are under the age majority in your state or province you must have your parent’s consent and they must agree to the Terms of Use on your behalf. ServeWell reserves the right to confirm such consent at any time and to discontinue your use of the Sites should such consent not be granted.

Copyright Infringement

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message which contains:

You must sign this notification and send it to our Copyright Agent: Copyright Agent of ServeWell, info@servewell.com.

Choice of Law

For all users, this Agreement shall be governed by the laws in force in the state of Washington. The offer and acceptance of this contract is deemed to have occurred in the state of Washington.

Disputes

For all users any dispute relating in any way to your use of the Sites or Services offered shall be submitted to confidential arbitration in Seattle, WA. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, ServeWell may make any and all appearances telephonically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within King County, WA.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with ServeWell are deemed to conflict with each other’s operation, ServeWell shall have the sole right to elect which provision remains in force.  

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Idea Submission

ServeWell or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, suggestions, or other works (“Submission(s)”) in any form to ServeWell. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ServeWell’s products might seem similar to ideas you submitted to ServeWell. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of ServeWell, without any compensation to you; (2) ServeWell may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for ServeWell to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination of this Agreement shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimers, Licensing, Indemnification, and Arbitration sections.

Entire Agreement

This Agreement along with the Privacy Policy and any other supplemental terms or additional agreements (“Additional Agreements”) provided by ServeWell constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.  In the event that a provision of this Agreement conflicts with any other Additional Agreements, ServeWell shall have the authority to elect which provisions remain in force.  Where a judicial body finds such authority unenforceable such Additional Agreements shall supersede this Agreement.

Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  If such amendment is material to this Agreement, you may be required to provide your consent to such amended Agreement. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Sites.

Electronic Communications

The communications between you and ServeWell use electronic means, whether you visit the Sites or send ServeWell e-mails, or whether ServeWell posts notices on the Sites or communicates with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from ServeWell in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that ServeWell provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ServeWell must be sent to our agent for notice to: info@servewell.com

California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice.  We can't promise to store or keep showing any information and Your Content or that have been made available to you on the Sites, including feed information. If you wish to terminate an account, you must contact ServeWell to request termination. Request for termination of an account with ServeWell may be subject to additional requirements under your Account Agreement or Care Plan Agreement, if applicable. If you terminate your account, you will no longer be able to access any information you have uploaded or created in your account, or are otherwise accessible in your account, such as feed information.  We may terminate your account as provided for under this Agreement, the Account Agreement, or the Care Plan Agreement, or if we believe that your actions may harm ServeWell in our sole discretion.

Export Controls

The Sites and the underlying information and technology may not be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Sites, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

Data Rates

You will be able to access the Sites through your mobile device or cellphone.  Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use.  We cannot be responsible for any fees charged by your data or cell phone carrier.

If you have any questions regarding these Terms of Use please contact info@servewell.com.

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