Red Boat Care™ Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS RED BOAT CARE MEDICAL ACTIVITY PLANNER (MAP).
By using web sites owned and operated by Red Boat Care including *.redboatcare.com (referring to any website that ends with “.redboatcare.com”, e.g. www.redboatcare.com, homecare.redboatcare.com, etc.) you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
White Pond Design, LLC DBA Red Boat Care. ("Red Boat Care") may revise and update these Terms and Conditions at any time. Your continued usage of the Red Boat Care Medical Activity Planner (MAP) ("Red Boat Care MAP," or the "MAP,") will mean you accept those changes.
INDEX
The MAP Does Not Provide Medical Advice
Children's Privacy
Proprietary Rights
Use of Content
Liability of Red Boat Care and Its Licensors
User Submissions
User Media Submissions – Image, Video, Audio files
Passwords
Advertisements, Search and Links to Other Sites
Indemnity
General
Jurisdiction
Notice and Take Down Procedures, Copyright Agent
Complete Agreement
The MAP Does Not Provide Medical Advice
The contents of the Red Boat Care MAP, such as text, graphics, images, information obtained from Red Boat Care's licensors, and other material contained on the Red Boat Care MAP ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Red Boat Care MAP!
If you think you may have a medical emergency, call your doctor or 911 immediately. Red Boat Care does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the MAP. Reliance on any information provided by Red Boat Care, Red Boat Care employees, others appearing on the MAP at the invitation of Red Boat Care, or other visitors to the MAP is solely at your own risk.
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Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this MAP is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
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Proprietary Rights
You acknowledge and agree that the MAP and information, content and software presented to you through the MAP or used in connection with the MAP contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the MAP, in whole or in part. Further, you are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the MAP including, without limitation, the MAP medication autocomplete functionality. You agree to not disassemble, decompile or reverse engineer our MAP capabilities;
Use of Content
Red Boat Care authorizes you to view or download a single copy of the material on the Red Boat Care MAP solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2016, Red Boat Care. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Red Boat Care MAP may be included elsewhere within the MAP and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Red Boat Care or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Red Boat Care. All rights not expressly granted herein are reserved to Red Boat Care and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
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Liability of Red Boat Care and Its Licensors
The use of the Red Boat Care MAP and the Content is at your own risk.
When using the Red Boat Care MAP, information will be transmitted over a medium that may be beyond the control and jurisdiction of Red Boat Care and its suppliers. Accordingly, Red Boat Care assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Red Boat Care MAP.
The Red Boat Care MAP and the content are provided on an "as is" basis. RED BOAT CARE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Red Boat Care, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall Red Boat Care, its licensors, its suppliers, or any third parties mentioned on the Red Boat Care MAP be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Red Boat Care MAP or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Red Boat Care, its licensors, its suppliers, or any third parties mentioned on the Red Boat Care MAP are advised of the possibility of such damages. Red Boat Care, its licensors, its suppliers, or any third parties mentioned on the Red Boat Care MAP shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Red Boat Care, its licensors, its suppliers, or any third parties mentioned on the Red Boat Care MAP are not liable for any personal injury, including death, caused by your use or misuse of the MAP or Content. Any claims arising in connection with your use of the MAP or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
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User Submissions
The personal information you submit to Red Boat Care is governed by the Red Boat Care Privacy Policy. To the extent there is an inconsistency between this Agreement and the Red Boat Care Privacy Policy, this Agreement shall govern.
The MAP contains functionality that allows users to upload content to the MAP. You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to Red Boat Care by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Red Boat Care by email, you agree such submission is non-confidential for all purposes.
If you submit any business information, idea, concept or invention to Red Boat Care by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Red Boat Care a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Red Boat Care may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Red Boat Care by email. We try to answer every email in a timely manner, but are not always able to do so.
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User Submissions — Image, Video, Audio Files
You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the Red Boat Care MAP, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Red Boat Care Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web MAP.
By uploading any media like a photo or video, you agree to indemnify Red Boat Care and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.
Red Boat Care reserves the right to review all media prior to submission to the MAP and to remove any media for any reason, at any time, without prior notice, at our sole discretion
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Passwords
Red Boat Care has tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Red Boat Care passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Red Boat Care account and password; (3) promptly inform Red Boat Care if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located on the Contact page of our website, www.redboatcare.com. You grant Red Boat Care and all other persons or entities involved in the operation of the MAP the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the MAP. Red Boat Care cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Red Boat Care tools and services.
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Advertisements, Searches, and Links to Other Sites
Red Boat Care does not allow third-party advertising on our Red Boat Care MAP nor do we allow advertisers to respond to certain search terms with advertisements or sponsored content.
Red Boat Care may provide links to third-party web sites. Red Boat Care also may select certain sites as priority responses to search terms you enter. Red Boat Care does not recommend and does not endorse the content on any third-party websites. Red Boat Care is not responsible for the content of linked third-party sites, sites framed within the Red Boat Care MAP or third-party sites provided as search results and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
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Indemnity
You agree to defend, indemnify, and hold Red Boat Care, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
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General
Red Boat Care is based in Concord, MA, in the United States of America with principal offices in Concord, MA. Red Boat Care makes no claims that any MAP within the Red Boat Care and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Red Boat Care from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
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Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Red Boat Care, or in any way relating to your use of the Red Boat Care MAP, resides in the courts of the State of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Massachusetts in connection with any such dispute including any claim involving Red Boat Care or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
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Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the MAP infringe your copyright, you may request removal of those materials (or access thereto) from this web MAP by contacting Red Boat Care's copyright agent (identified below) and providing the following information:
Red Boat Care's agent for copyright issues relating to this web MAP is as follows:
Red Boat Care
Attn: Office of Privacy
46 Shore Drive
Concord, Massachusetts 01742
copyright@redboatcare.com
Or call: 978-369-3845
In an effort to protect the rights of copyright owners, Red Boat Care maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the MAP who are repeat infringers.
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Complete Agreement
Except as expressly provided in a particular "legal notice" on the Red Boat Care MAP, these Terms and Conditions and the Red Boat Care Privacy Policy constitute the entire agreement between you and Red Boat Care with respect to the use of the Red Boat Care MAP, and Content.
Thank you for your cooperation. We hope you find the Red Boat Care.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us email or via U.S. mail to: Red Boat Care Office of Privacy, 46 Shore Drive, Concord, MA 01742.
We try to answer every email in a timely manner but due to volume may not always be able to do so.