Services Contract. The User agrees that in order to act as a User with Caring Safely®, the User must be at least 18 years of age. Caring Safely® disclaims any liability for any actions that may result from individuals using the Site who are under 18 years old. The User agrees to provide only accurate personal information to Caring Safely® and to update any of its personal information as necessary. The User agrees that it will not represent itself as another individual while using the Site at any time or for any reason. The User acknowledges that Caring Safely®’s Privacy Policy governs any personal information provided to Caring Safely®. The User agrees and understand that it has the ability to block or report anyone who is improperly using the Site for anything that is offensive or outside of the scope of the Site’s intended purpose. The User also agrees that it may be blocked or reported for improperly using the Site for anything that is offensive or outside of the scope of the Site’s intended purpose. The User agrees and understands that he or she may be terminated at any time and for any reason by Caring Safely®. Specifically, Caring Safely® reserves the right to terminate the User at any time based on reports provided by other users. The User agrees that Caring Safely® has no control over the individuals who post or write messages on the social media platforms connected to the Site. The User agrees and understands that Caring Safely® takes no responsibility for any comments, feedback, photos, or other communication provided to the User on the Site by other Users or for the result of any of these communications. The User agrees and understands that Caring Safely® is not responsible in any way for the results of any connections or posts made through the Site. Caring Safely® does not warrant that the Services provided by way of the Site will be without disruption, nor that any reports, times or information provided as part of the Services will be free from errors, omission, inaccuracies or nonconformities, and Caring Safely® shall have no liability or obligation to the customer in this respect excepts as provided hereunder. Caring Safely® makes no warranty for the security or integrity of any connection or transmission used in the provision of the Services. Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials. This site is continually under development and company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. The User acknowledges and agrees that no representation has been made by Caring Safely® or its Affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this Program. The User shall indemnify Caring Safely® from any and all damages, liabilities, costs, losses, expenses or legal fees arising out of any claim, demand, or action by a third party arising out of any actions of the User, or any breach of User’s responsibilities or obligations, representations or warranties under this Agreement. In no event shall Caring Safely® be liable for any lost data or content, lost profits, business interruptions or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the services provided by Caring Safely®, even if Caring Safely® has been advised of the possibility of such damages. The Site content and services provided as a result of Caring Safely® are provided “as is”. In all situations and circumstances, the maximum liability of Caring Safely® and any and all of its directors, employees, contractors or affiliates to the User for damages for any and all causes whatsoever, and the User’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to any amount paid by the User to Caring Safely®. In no event shall Caring Safely®’s liability exceed the amount payable to Caring Safely® from the User, and the User is fully aware that by entering into this Agreement the User assumes all risks which may arise from this Agreement, and agrees to hold Caring Safely® harmless for anything that should arise as a result of this Agreement or the User’s use of the Site or the User’s relationship with Caring Safely®. The User agrees and acknowledges that Caring Safely®’s role is solely as a technological platform, and acknowledges that Caring Safely® is not responsible or liable in any way for any issues that arise from the User’s use of the Site, or in any way as a direct or indirect result of the User’s connection with others as a result of use of the Site. The User agrees and understands that Caring Safely® is not responsible for any copyright infringement that may take place through the use of this platform. Caring Safely® will not participate in any legal disputes or solve any issues that may arise between the User and any third parties as a result of the use of Caring Safely®. Caring Safely® does not warrant that the Site is fit for any particular purpose, nor that the Services will be without disruption, not that any reports, date or information provided as part of the Services will be free from errors, omission, inaccuracies or nonconformities, and Caring Safely® shall have no liability or obligation to the customer in this respect. Caring Safely® shall not be liable for any damage caused to the User or anyone connected to the User, such as the User’s parents or friends, or any other individuals, as a result of or in connection with the use of the Site. Caring Safely® is not liable in any way or for any reason for any injury or death which is in any way connected to the use of the Site. Caring Safely®’s liability for any claims against it or the Site shall not exceed the total price paid by the User for the download of the Site or the price paid by any school divisions for the purchase of the Site.
Appears in 2 contracts
Sources: Purchase Agreement, Purchase Agreement