An innovative wellness company
IT IS IMPORTANT THAT YOU CAREFULLY READ ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. Life Elevated Inc. (“Life Elevated”, “we”, “our”) owns and operates this Website, located at http://www.lifeelevated.ca (the “Site”). The Site consists of webpages, functions, and the CareMate Service (the “Service”), which is accessed through the Website. This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. BY ACCESSING, VIEWING, OR USING THE CONTENT, MATERIAL, OR FUNCTIONS AVAILABLE ON OR THROUGH THIS SITE, AND/OR BY REGISTERING WITH US, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU AGREE TO THEM AND INTEND TO BE LEGALLY BOUND BY THEM.
If you do not accept these terms and conditions, you must not access or use the Site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE LIFE ELEVATED SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
Life Elevated may revise this Agreement at any time by updating this webpage posting. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this webpage periodically to review this Agreement.
1. About The Website, CareMate Service and Registration Process
The Site contains (a) website information, (b) functions, and (c) a special web-based Service, called the CareMate Service.
The CareMate Service is designed to assist seniors with various daily living tasks, and to assist family members and other caregivers (each a “Caregiver”) in helping to manage certain needs of their senior loved ones and care recipients (each a “Care Recipient”).
In order to receive our Service, each Caregiver must register for the Service on behalf of such Caregiver and the relevant Care Recipient, and such Caregiver must have authorization from the Care Recipient to undertake such activities and to agree to these Terms of Use on the Care Recipient’s behalf. Each Caregiver hereby represents and warrants that he or she has express authority and consent from the relevant Care Recipient to enter into this Agreement and register for the Service on that Care Recipient’s behalf. The Caregiver and Care Recipient shall be referenced herein collectively as the “Subscriber,” “You,” or “Your.”
You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. Life Elevated's use of any personally identifying information you provide as part of the registration process is governed by the terms of Life Elevated's Privacy Policy.
2. General Conditions
You must be at least 18 years old to use Life Elevated’s CareMate Service, and our Site.
You are responsible for maintaining the security of your account and password. You are solely responsible for activity that occurs on Your account. You must immediately notify Life Elevated of any unauthorized use of your password or account. You shall never use another user’s account without such other user’s express permission. Life Elevated cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that Life Elevated uses third party vendors, carriers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or Life Elevated.
You must not transmit any computer worms or viruses or any code of a destructive nature.
3. Fees and Payment
All accounts include a free trial period. When the trial is over, you will have to pay to continue to use the Service.
Caregiver agrees to timely pay all applicable fees in connection with Your use of the Service. Fees are due at the beginning of every payment period.
Payment is to be made through our online payment system. When you want to begin paying, you will set up a recurring payment arrangement with the online payment processor (for example, with PayPal).
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4. Late Payment
If payment is not received by the start of the new payment period, you will be given a short grace period, during which time your account and Service will remain fully operational. (You will have a “Client-not-in-good-standing” status.)
If we receive your required payment during the grace period, your Service will continue to operate, as normal, and your status will return to “Client-in-good-standing”.
If we do not receive your required payment during the grace period, your account and Service will be suspended. You will still be able to go into your account, but no telephone calls to the senior, nor text message alerts to the family caregiver will go out. Once we receive your required payment, we will enable your Service. The payment will cover the current payment period. If we do not receive your required payment by the end of the payment period, your account and Service will be terminated.
5. Fee Changes
We reserve the right to change our fees and to institute new charges at any time, with no less than ten (10) days prior notice. Notice will be provided directly to registered users, by e-mail. Notice will also be given in the “Purchase Options” webpage.
Fee changes do not affect the fees paid by existing paying clients. Whatever fee a client starts paying, that is the fee they pay, as long as they stay with the same plan and payment period. (If the client changes their plan or payment period, they will be charged the current fee.)
6. Canceling Your Service
You are solely responsible for properly canceling your account. You can cancel your account at any time by logging into your account and selecting the “Cancel Service” link. The link will take you to a webpage that gives you instructions on how to cancel your Service. Specifically, it gives instructions on how to cancel your PayPal recurring payment arrangement. That is all you have to do to cancel your Service.
An email or phone request to cancel your account is not considered cancellation.
Note: PayPal indicates that if you cancel your PayPal recurring payment arrangement three days or more before the end of your current paid up payment period, your cancellation will take effect with the next payment period. This means that there will be no online payment for the next payment period, and no online payment on an on-going basis.
You will have use of the Service up to the end of your last paid up payment period.
All of your Content will be immediately deleted from the Service upon cancellation. The information cannot be recovered once your account is canceled.
7. Termination
Life Elevated, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Life Elevated service, for any reason, at any time. Two instances where Life Elevated may suspend or terminate your account and Service are: (i) if at any time Life Elevated is notified that the Caregiver’s expressed authority and consent from the relevant Care Recipient, to enter into this Agreement and register for the Service on that Care Recipient’s, has been withdrawn or was misrepresented; (ii) if Life Elevated has reasonable grounds to suspect that the information you provide to us is not true, accurate, current or/and complete.
Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account (without any right of refund). Life Elevated reserves the right to refuse service to anyone for any reason at any time.
Life Elevated may also terminate your right to access and use the Site, or any part of the Site, if you breach any term or condition of this Agreement.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
8. Not Medical Advice
Life Elevated does not offer medical advice or diagnoses or engage in the practice of medicine. Our Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. Always seek the advice of Care Recipient’s physician or other qualified health provider with any questions regarding Care Recipient’s medical condition or the use (or frequency) of any medication for Care Recipient. Never disregard professional medical advice or delay in seeking it because of something You have read in connection with our Service.
No physician/patient relationship is created between Life Elevated and you by reason of your use of the Site or under any circumstances. Individual inquiries about sensitive or confidential matters should be addressed to appropriate health care professionals.
9. Privacy Policy
Life Elevated has a Privacy Policy that sets out Life Elevated’s practices associated with the collection, use and disclosure of personal information with respect to the Site. Click here to view the Privacy Policy, which is incorporated into this Agreement by reference, as if set forth fully herein.
10. Third Party Services
Life Elevated may make third-party services available through the Life Elevated website.
The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) that you use at your own risk. Life Elevated does not monitor or have control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites.
Links to Third-Party Sites and Third-Party Content by Life Elevated does not imply endorsement, adoption, sponsorship or affiliation.
Life Elevated may run advertisements and promotions from third parties on the Site. Your business dealings are solely between you and these third party advertisers. Life Elevated is not responsible or liable for any loss or damage of any sort incurred as the result of any such deals.
Use of any third-party services and reliance on this content is solely at your own risk. Life Elevated may not be held liable for any damages arising out of or related to your use of any third-party service or content.
11. Proprietary Rights
All works of authorship, information, content, and material appearing on, available from, or contained in this Site ("Site Materials") are protected by law, including but not limited to, Canadian copyright and patent law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, look and feel attributes, and other intellectual property) are © 2011 Life Elevated Inc. All rights reserved. Life Elevated Inc.
Life Elevated also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of Life Elevated, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of Life Elevated, without Life Elevated’s advance written consent, is prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission by Life Elevated.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Life Elevated or their associated third parties. Use or misuse of these trademarks is expressly prohibited and may violate Canadian trademark law.
12. Software Licenses and Ownership
All software embedded in or located on or at the Site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Life Elevated, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Site or made available for download from the Site, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
13. Use of Interactive Areas of the Website
Life Elevated may contain Interactive Areas such as discussion forums, bulletin boards, blogs, or review services. You are solely responsible for your use of Interactive Areas, and use them at your own risk. User Content submitted to any public area of the website will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish: (a) Content of a criminal nature; (b) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (c) Unsolicited promotions; (d) Viruses, corrupted data or other harmful, disruptive or destructive files; (e) Content that is unrelated to the topic of the Interactive Area(s); (f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, and credit card numbers. Life Elevated has a “zero-tolerance” policy towards Spam. You may not use the Interactive Areas of the Site generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party.
14. Communications With The Site
Life Elevated welcomes your feedback and suggestions about how to improve our products, information, and services and this Site. By transmitting any suggestions, information, data, material, or other content (collectively, "Submissions") to Life Elevated, you automatically grant Life Elevated the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, Life Elevated is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
15. Corrections
Life Elevated endeavors to keep the Site and Site Materials up-to-date. Without limiting anything else in this Agreement or otherwise, Life Elevated is not responsible for any errors or omissions in the Site or Site Materials.
16. Indemnification
You agree to defend, indemnify, and hold harmless Life Elevated, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, attorneys and third party information providers to the Site from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or willful misconduct, and any breach by you of this Agreement.
17. We Make No Warranty
WE PROVIDE THE SITE AND THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE AND THE SERVICE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICE WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS; (B) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION GIVEN BY A LIFE ELEVATED REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Service at your own risk.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LIFE ELEVATED, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE OR SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SITE OR SERVICE OR (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF LIFE ELEVATED HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PRIOR TWELVE (12) MONTHS FOR THE SPECIFIC SERVICE AT ISSUE.
19. Miscellany
The Agreement is the entire agreement between You and Life Elevated with respect to the Site and Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Life Elevated with respect to the Site and Service.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Agreement is personal to You, and is not assignable or transferable by You except with Life Elevated's prior written consent. Life Elevated may assign, transfer or delegate any of its rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect.
This Site is controlled and operated by Life Elevated from its offices within Canada. Without limiting anything else, Life Elevated makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws.
20. Changes To This Agreement
This Agreement governs your relationship with us. Life Elevated reserves the right, in its sole discretion, to modify or replace all or any part of the Agreement (including, without limitation, pricing and payment terms set forth in “Fees and Payment”), or change, suspend, or discontinue all or any part of the Service at any time. If we make changes that we believe will have a material impact on users of the Site and Service, we will let registered users know by sending them an email to their currently listed email address, and by noting on the Site that the Agreement have been updated. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. It is your responsibility to check the Agreement (and the Privacy Policy) periodically for changes.
21. Governing Law and Venue
This Agreement, including, without limitation, the Privacy Policy, represent the entire agreement between you and Life Elevated with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied.
This Agreement is governed by and construed in accordance with the laws of the Province of Manitoba and laws of Canada. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS WINNIPEG, MANITOBA, CANADA. YOU AND LIFE ELEVATED CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS.
Effective date: October 28, 2011
