Care Confirmed Terms of Services

Care Confirmed, an operating division of CCI Research Inc. (hereinafter referred to as “Care Confirmed”), is proud to provide a number of services to help you, the Client, make informed decisions on Home Services. Please note that while Care Confirmed does its best to select rated service providers it does not employ, recommend or endorse any Home Service Contractor, Provider or Caregiver, nor is it responsible for the conduct of any Home Service Contractor, Provider or Caregiver. Each individual Client is solely responsible for approving an appropriate Home Service Contractor, Provider or Caregiver for themselves and for complying with all applicable laws in connection with any contractual service or employment relationship they establish. Care Confirmed does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license. Please contact your health care provider to discuss your health needs, and call 911 for all health emergencies.

Care Confirmed is an online service for our Clients to connect with our agents. We provide introductions only to those seeking Home Services, Contractors or Caregivers, we do not endorse any specific Home Service Provider, Contractor or Caregiver but merely facilitate an introduction. Care Confirmed does not verify the identity of, or information posted by Home Service Providers, Contractors or Caregivers.

YOU AGREE TO THESE TERMS OF USE WHEN YOU BROWSE OUR SITE AND USE OUR SERVICES. YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN CERTAIN CIRCUMSTANCES. READ THIS DOCUMENT CAREFULLY.

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in Canada may use the Care Confirmed Site and/or the Care Confirmed Services (described below) (the “Services”).

Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).

These Terms incorporate by reference the Care Confirmed Privacy Policy and all other policies, rules and terms and conditions as set forth in Service materials, either in print or on our Site (collectively, the “Policies”). If you object to anything in these Terms, the Privacy Policy or the other Policies, do not use the Site or the Services.

  1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES
  2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES
  3. RULES FOR USER CONDUCT AND USE OF SERVICES
  4. TERMINATION OF REGISTRATION
  5. PRIVACY
  6. LINKS TO EXTERNAL SITES
  7. PAYMENT AND REFUND POLICY
  8. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES
  9. AGE RESTRICTIONS
  10. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION
  11. JURISDICTION AND CHOICE OF LAW
  12. MISCELLANEOUS
  13. CONTACT INFORMATION
  14. NOTICE REGARDING APPLE

These Terms are subject to change by Care Confirmed at any time without prior notice. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated terms on our Site. Notwithstanding the foregoing, for residents of Quebec (if/when our service is available in that Province), the notice for significant changes will set out the new clause only, the date of the coming into force of the amendment and, if the amendment entails an increase in your obligations or a reduction in our obligations, then you may refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force. Residents in all Provinces should periodically check CareConfirmed.com for updates. Your continued use of the Site or the Services after the effective date of any change will constitute acceptance by you of such change.

For purposes of these Terms, the “Site” shall mean the careconfirmed.com web site and any Canadian affiliated websites, web pages, mobile applications and mobile websites operated by CCI Research Inc., a company incorporated in Ontario, Canada. (“Care Confirmed”). The “Services” shall mean any of the various services that Care Confirmed provides through the Site or any other channels, including over the telephone or by tablet device. References to “you” or “your” shall mean the “Client”.

1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES

1.1. About Our Services

Care Confirmed’s mission is to provide an online venue that can connect our Clients with our agents to allow Clients to seek assistance in obtaining services that will allow them to remain living independently in their own homes. In addition, our agents provide outgoing calls to our Clients to check-in with them and we provide notification of the contact being made to our Client’s sponsors. The Services we offer include, among others:

Check-in Calls - these are regularly scheduled calls which are conducted by our fully-trained professional care agents according to your schedule. Friendly, compassionate care agents conduct 5 - 10-minute Check-in Calls to you or your loved ones to monitor their well-being. (Our care agents are non-medically trained, therefore, they are not qualified to answer nor will they answer any medical questions or prescribe any form of medication or treatment.)
For the security of our Clients, our care agents will not ask for or about any financial information, such as bank account numbers or passwords. Our Check-in Calls are designed to monitor the well-being of our Clients, allowing them to remain feeling secure and independent in their own home.

Sponsor Notification - this is a standard feature for all our plans. Our agents attempt an email notification to the Client’s sponsors (this could be children, neighbours or close friends) to update them on the Client’s well-being after each Check-in Call.

Home Service Calls - this is a unique, optional service which has been designed to assist you or your loved ones with arranging any service you or your home may require. By choosing this option, a Client is able to call our care agents to assist with locating the right contractor(s) or home service required.

Fraud Prevention Service - this optional service has been designed to assist you or your loved ones in avoiding various frauds that target seniors and seniors living in their own homes.
This service provides peace of mind to our Clients should they suspect fraud, either through door to door solicitation, by phone or by email. Our Clients can seek assistance from our care agents before any commitments or agreements are made.
We will investigate the company and the claim being made to determine whether the source and the claims can be verified. We aim to help our Clients avoid these uncertain situations by providing them with reliable and trustworthy information to assist Clients in the decision-making process before unknowingly putting themselves at risk. Our care agents can also provide you or your loved ones with helpful tips for protection against fraud, as well as information on where to go to report a scam.

Call Assist - this optional service allows you or your loved ones to communicate with service providers over the phone with the assistance of our care agents.
We can help you to upgrade/downgrade a service plan, investigate a discrepancy on one of your monthly bills, inquire about how to return an item, and more. We are available to help you or your loved one feel more secure in any situation by having one of our care agents assist them.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of Our Services

We do not employ any Service Providers, Contractors or Caregivers. We provide referral services only and it is up to each Client to evaluate the individual prior to entering into an agreement with the Service Provider, Contractor or Caregiver of their choice. Except as described in these Terms and the Privacy Policy, we do not verify, review, evaluate, interview, screen, vet or perform background checks on Service Providers, Contractors or Caregivers.

We are not a party to any agreement between a Client and a Service Provider, Contactor or Caregiver. A Client is responsible to enter into their own contractual arrangement with each potential Service Provider, Contactor or Caregiver. A Client is responsible to ensure compliance with all applicable employment and other laws in connection with any employment relationship or service they establish with a Contractor or Service Provider (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and workplace safety insurance or benefit programs).

There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Service. You assume all risks associated with dealing with other persons with whom you come in contact through the Service.

We provide no assurance or representation (express or implied) regarding the quality, timing, or legality of the services actually delivered by a Service Provider, Contactor or Caregiver or to their integrity, responsibility or actions.

Care Confirmed is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Care Confirmed does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, do hereby expressly agree not to hold Care Confirmed (or CCI Research Inc.’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or inactions of any Service Provider, Contractor, Caregiver or Care Confirmed Care Agent or for any information, instruction, advice which originated from our services or that were arranged through the Site, and, to the maximum extent permissible under applicable law, Care Confirmed and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

PLEASE REVIEW THE DISCLAIMER OF LIABILITY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS BELOW.

1.3. User Responsibilities

The Client is solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate Service Provider, Contactor or Caregiver.

Subject to applicable law, we may, at our option, conduct limited screening of a Service Provider, Contactor or Caregiver through verification checks, as further described in section 4. Do not rely on this limited screening as complete, accurate, up-to-date or conclusive of the company’s, individual’s or entity’s suitability as a Service Provider, Contactor or Caregiver.

Each Client is also responsible for complying with all applicable employment, non-discrimination and other laws in connection with any employment relationship they establish, including verifying the age of the Caregiver they select is 18 years of age or older and eligible to work in Canada.

Sponsors are responsible for maintaining an operational email account and for monitoring, responding to and otherwise processing emails that are delivered to “junk mail” or “spam” folders from Care Confirmed. Care Confirmed will not be liable for emails that are delayed or lost due to reasons outside of Care Confirmed’s control. It is the Sponsor’s responsibility to ensure all contact information is provided to Care Confirmed and to advise Care Confirmed immediately if Sponsor Notification emails are not being received.

2. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES

To be eligible to use our Services, you must meet the following criteria each time you use our Services:

  • You must be eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
  • You must reside in a postal code region in which Care Confirmed currently offers the Services.

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions contained herein.

Both the Client and any Sponsor(s) must register to be Users of the Site and Services.

Because of the type of services that could potentially be dispatched to your home you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

We may use third party service providers to perform these verification checks. Our third-party service providers may conduct verification checks against a variety of materials which, subject to applicable law, may include but not be limited to media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, criminal databases, sex offender registries and other data to perform these verification checks.

Call Monitoring - Care Confirmed monitors and records all audio and video calls for record keeping, training and quality assurance purposes. Your use of the Care Confirmed service serves as express consent to be monitored or recorded.

3. RULES FOR USER CONDUCT AND USE OF SERVICES

3.1. Registration, Posting, and Content Restrictions

The following rules pertain to User Content, while using our Service. The Client understands and agrees as follows:

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Care Confirmed, are those of their respective authors. Such authors are solely responsible for such content. Care Confirmed does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Care Confirmed or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.

You are responsible for keeping your username and password secure. Care Confirmed cannot and will not be liable for any loss or damage from your failure to maintain security of your username and password.

CARE CONFIRMED DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO CARE CONFIRMED OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF CCI RESEARCH INC. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARE CONFIRMED DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE.

YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD CARE CONFIRMED (CCI RESEARCH INC.) HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE OR IN ANY OTHER VENUE.

3.2. Exclusive Use

Your account with Care Confirmed is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

3.3. Prohibited Uses

By using the Site or Services of Care Confirmed, you agree that you will not under any circumstances:

  • use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Services for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group or care agent;
  • use another user’s Care Confirmed account;
  • provide intentionally false or inaccurate information when registering an account on Care Confirmed, using our Services or communicating with other Registered Users;
  • interfere or attempt to interfere with the proper functioning of Care Confirmed Services;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • use the communication systems provided by or contacts made on Care Confirmed for any commercial solicitation purposes; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, should Care Confirmed determine that you have violated the Terms of Service, we reserve the right to take any action deemed appropriate in our sole and absolute discretion, including but not limited to termination of the Client’s use of the Site and Services, or blocking users from certain IP addresses from accessing the Site.

4. TERMINATION OF REGISTRATION

Should Care Confirmed determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, Care Confirmed reserves the right, at its sole and arbitrary discretion, to immediately terminate your access to all or part of the Care Confirmed Site or Service, to remove your account and/or to terminate your registration in Care Confirmed, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

5. PRIVACY

Care Confirmed will only use the personal information you provide on the Site or via Registration in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated on our site.

6. LINKS TO EXTERNAL SITES

The Care Confirmed Site may, from time to time, contain links or references to third party sites, resources and advertisers (collectively, “Third Party Sites”). Care Confirmed is not responsible for the accuracy ore reliability of any content, data, opinions, advice, statements or other information contained on the Third-Party Sites. Links or references to Third Party Sites on the Care Confirmed Site shall not constitute an endorsement of any third-party content, information, data, opinions, advice, statements, goods, services or products.

You agree that following links to Third Party Sites is done at your own risk and that you are solely responsible for investigating, monitoring or checking Third Party Sites for accuracy and completeness.

You further acknowledge and agree that use of any Third-Party Site is governed by the terms and conditions of use for those sites, and not by Care Confirmed Terms of Use and Privacy Policy. Care Confirmed expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Care Confirmed harmless from any liability that may result from the use of links that may appear on the Site.

7. PAYMENT AND REFUND POLICY

In order to utilize Care Confirmed Services, Clients must pay the monthly service fees according to the Plan and or its related options that have been selected. A Plan can be cancelled by the Client at any time provided 30 days written notification has been sent to Care Confirmed using info@careconfirmed.com. All payments must be made to the end of the month in which the Services was terminated. Monthly service fees will not be prorated.

Prices for our Services are subject to change without notice. Care Confirmed reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Care Confirmed shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7.1 Billing and Payment for Clients

You must provide Care Confirmed with a valid credit card or other accepted payment method to pay for the Care Confirmed Services. Some Services may be available as a one-time purchase, and others can be purchased as a monthly or yearly subscription. You agree that Care Confirmed has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Care Confirmed retains in the future) your submitted payment information in order to process your purchase. Care Confirmed does not support all payment methods, currencies, or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account, you authorize Care Confirmed to continue billing your credit card account and you remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

To the extent you elect to purchase other Services we may offer for a fee, you authorize Care Confirmed to charge your payment information for the Services you purchase

7.2 Automatic Renewal and Cancellation

Unless you explicitly decline automatic fee for services renewals, your account will continue indefinitely until cancelled by you provided payments are made each month to Care Confirmed.

You may cancel your Service Plan by emailing info@careconfirmed.com. If you cancel your Plan, you may use the Service until the end of the following month (30 days advance notice is required). Your account will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay any outstanding amounts (e.g., On January 10th notification is given to Care Confirmed in writing that you (Account Holder) wishes to cancel the service - Payment must be made until the end of the following month February at which time the service will be discontinued).

You acknowledge and agree that the Services are made available to you immediately as soon as you complete your purchase, and therefore your right to withdraw from your purchase within 7 working days of the date of purchase will be lost once your purchase is completed. Use of the Service will be available for 30 days after which time it can be terminated.

7.3 Refund Policy

To the extent permitted by law, Care Confirmed does not as a general rule provide refunds or credits for Service Plans purchased, or other purchase cancellations. However, Care Confirmed may in its sole discretion issue refunds or credits when it believes they are warranted.

7.4 Free Trial Offers

Care Confirmed may offer limited-time free trial Memberships to Clients from time-to-time. Clients who sign up for this on a free trial basis (if and when these are offered) may have limited access to the features of the Site. If a Client does not cancel their trial membership prior to the end of the free trial period, the Client will be charged the price then in effect for the monthly Service Plan. To avoid being charged for Services, a Client with a free trial subscription must cancel their subscription prior to the end of the free trial period.

8. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES

Any agreement between a Client and a Service Provider, Contractor or Caregiver regarding the provision of Services is solely between the Client and the Service Provider, Contractor or Caregiver. Care Confirmed is not a party to any such agreement. Any issues concerning the conduct of a Client or Service Provider, Contractor or Caregiver, including but not limited to the services received by the Client or payment due to the Service Provider, Contactor or Caregiver, must be resolved directly by the Client and the Service Provider, Contractor or Caregiver. Care Confirmed will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Care Confirmed (CCI Research Inc.) harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Care Confirmed will use its reasonable efforts to monitor profiles, comments, and general usage of the Site and suspend privileges to anyone not adhering to the Policies. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person.

9. AGE RESTRICTIONS

Care Confirmed is intended for people 18 years of age or over. Clients should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18 years. Care Confirmed will not knowingly collect any information from individuals under 18 years. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18 years, your registration will be terminated immediately.

10. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION

10.1 No Warranty

If Quebec law applies to these terms, there are no warranties provided and no liability to you other than those warranties that are required to be provided and those liabilities that may not be disclaimed pursuant to the provisions contained in the Civil Code of Quebec.

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Care Confirmed, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CARE CONFIRMED DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CARE CONFIRMED; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CARE CONFIRMED EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, CARE CONFIRMED MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A SERVICE PROVIDER, CONTRACTOR OR CAREGIVER.

10.2. Assumption of Risk

YOU ARE AWARE THAT THERE ARE MANY RISKS AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR SERVICE PROVIDERS,CONTRACTORS AND CAREGIVERS. THESE RISKS AND DANGERS MAY INCLUDE FINANCIAL ISSUES OR IN THE CASE OF CAREGIVERS MAY INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS AND DANGERS.

YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with SERVICE PROVIDERS, CONTRACTORS OR CAREGIVERS. You agree to take all necessary precautions when interacting with SERVICE PROVIDERS, CONTRACTORS OR CAREGIVERS referred to you by Care Confirmed.

10.3. Limitation of Liability

Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, Care Confirmed’s liability for fraudulent misrepresentation, death or personal injury caused by Care Confirmed’s gross negligence or liability that may not otherwise be limited or excluded by law, such as in Quebec.

IN ALL OTHER CASES:

Incidental Damages and Aggregate Liability. In no event will Care Confirmed be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your account or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Care Confirmed, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL CARE CONFIRMED’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID CARE CONFIRMED FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 CAD OR ITS EQUIVALENT.

No Liability for non-CARE CONFIRMED Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARE CONFIRMED (CCI RESEARCH INC.) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY (EXCEPT IN QUEBEC TO THE EXTENT THE SERVICES ARE AVAILABLE IN QUEBEC), EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Care Confirmed makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

10.4. Indemnification

By agreeing to the terms of this Terms of Use, users of the Site and Services agree to indemnify, defend and hold harmless Care Confirmed (CCI RESEARCH INC.) and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Care Confirmed (CCI Research Inc.) and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Care Confirmed (CCI Research Inc.) and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Care Confirmed (CCI Research Inc.). Users further agree to hold harmless Care Confirmed and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

11. JURISDICTION AND CHOICE OF LAW

If you are a CLIENT, NOT RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed, subject to applicable consumer protection laws of the province or territory where you reside, by the laws of the Province of Ontario, without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province or territory where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario, for the resolution of any such dispute.

IF AND WHEN THE SERVICES ARE OFFERED IN QUEBEC AND YOU ARE A CLIENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Quebec, for the resolution of any such dispute.

IN ALL OTHER CASES: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario, for the resolution of any such dispute.

12. MISCELLANEOUS

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor 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. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

13. CONTACT INFORMATION

If you have any questions or need further information as to the Site or Services provided by Care Confirmed, or need to notify Care Confirmed as to any matters relating to the Site or Services please contact Care Confirmed at:
info@careconfirmed.com or call 1 844-782-CARE (2273)

14. NOTICE REGARDING APPLE

You acknowledge that this Agreement is between you and Care Confirmed only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warranty that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Care Confirmed provides a translation of the English language version of this Agreement, the translation is provided solely for convenience, and the English version will prevail.