TERMS OF SERVICE
Last Updated June 07,
2024
AGREEMENT TO OUR LEGAL TERMS
We
are Sohm Family Care LLC, doing business as Sohm Family
Care and SFC ("Company," "we,"
"us," "our"), a company registered
in Wisconsin, United States at 5406 Katie Ln, Madison, WI 53704.
We
operate the website https://sohmfamilycare.com (the "Site"),
as well as any other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively,
the "Services").
You
can contact us by email at legal@sohmfamilycare.com or by mail
to 5406 Katie Ln, Madison, WI 53704, United States.
These
Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and Sohm
Family Care LLC, concerning your access to and use of the Services. You agree
that by accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We
will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or
notifying you by legal@sohmfamilycare.com, as stated in the email message.
By continuing to use the Services after the effective date of any changes, you
agree to be bound by the modified terms.
The
Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Services.
We
recommend that you print a copy of these Legal Terms for your records.
Table
of Contents
1. AGREEMENT
TO OUR LEGAL TERMS
4. INTELLECTUAL
PROPERTY RIGHTS
8. USER
GENERATED CONTRIBUTIONS
11. THIRD-PARTY
WEBSITES AND CONTENT
16. MODIFICATIONS
AND INTERRUPTIONS
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. CALIFORNIA
USERS AND RESIDENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
HIPAA
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual property
We are
the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services (collectively,
the "Content"), as well as the trademarks, service marks, and
logos contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The
Content and Marks are provided in or through the Services "AS
IS" for your personal, non-commercial use or internal business
purpose only.
Your
use of our Services
Subject
to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
§ access the Services; and
§ download or print a copy of any
portion of the Content to which you have properly gained access.
solely
for your personal, non-commercial use or internal business purposes.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you
wish to make any use of the Services, Content, or Marks other than as set out
in this section or elsewhere in our Legal Terms, please address your request
to: legal@sohmfamilycare.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach
of our Legal Terms and your right to use our Services will terminate
immediately.
Your
submissions and contributions
Please
review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services to
understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us
any question, comment, suggestion, idea, feedback, or other information about
the Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation
to you.
Contributions: The Services may invite
you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit, post,
display, transmit, publish, distribute, or broadcast content and materials to
us or through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ("Contributions"). Any
Submission that is publicly posted shall also be treated as a Contribution.
You
understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When
you post Contributions, you grant us a license (including use of your
name, trademarks, and logos): By
posting any Contributions, you grant us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute,
sell, resell, publish, broadcast, retitle, store, publicly perform, publicly
display, reformat, translate, excerpt (in whole or in part), and exploit your
Contributions (including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and distribution may occur
in any media formats and through any media channels.
This license includes
our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You
are responsible for what you post or upload: By sending us Submissions and/or
posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account through
the Services to any of your social networking accounts, you:
§ confirm that you have read and
agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload, or transmit
through the Services any Submission nor post any Contribution that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
§ to the extent permissible by
applicable law, waive any and all moral rights to any such
Submission and/or Contribution;
§ warrant that any such
Submission and/or Contributions are original to you or that you have
the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions and/or
Contributions; and
§ warrant and represent that your
Submissions and/or Contributions do not constitute confidential
information.
You
are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We
may remove or edit your Content: Although
we have no obligation to monitor any Contributions, we shall have the right to
remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these
Legal Terms. If we remove or edit any such Contributions, we may also suspend
or disable your account and report you to the authorities.
Copyright
infringement
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately refer to the "COPYRIGHT
INFRINGEMENTS" section below.
3. USER
REPRESENTATIONS
By
using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and
you agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal
or unauthorized purpose; and (7) your use of the Services will not
violate any applicable law or regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any
portion thereof).
4. USER REGISTRATION
You
may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You
may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed
or approved by us.
As a
user of the Services, you agree not to:
§ Systematically retrieve data or
other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us.
§ Trick, defraud, or mislead us
and other users, especially in any attempt to learn sensitive account
information such as user passwords.
§ Circumvent, disable, or
otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
§ Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Services.
§ Use any information obtained
from the Services in order to harass, abuse, or harm
another person.
§ Make improper use of our
support services or submit false reports of abuse or misconduct.
§ Use the Services in a manner
inconsistent with any applicable laws or regulations.
§ Engage
in unauthorized framing of or linking to the Services.
§ Upload or transmit (or attempt
to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
§ Engage in any automated use of
the system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.
§ Delete the copyright or other
proprietary rights notice from any Content.
§ Attempt to impersonate another
user or person or use the username of another user.
§ Upload or transmit (or attempt
to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to
as "spyware" or "passive collection mechanisms" or
"pcms").
§ Interfere with, disrupt, or
create an undue burden on the Services or the networks or services connected to
the Services.
§ Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of the
Services to you.
§ Attempt to bypass any measures
of the Services designed to prevent or restrict access to the Services, or any
portion of the Services.
§ Copy or adapt the Services'
software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code.
§ Except as permitted by
applicable law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the Services.
§ Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services, or
use or launch any unauthorized script or other software.
§ Use a buying agent or
purchasing agent to make purchases on the Services.
§ Make
any unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
§ Use the Services as part of any
effort to compete with us or otherwise use the Services and/or the Content for
any revenue-generating endeavor or commercial enterprise.
§ Use the Services to advertise
or offer to sell goods and services.
§ Sell or otherwise transfer your
profile.
6. USER GENERATED CONTRIBUTIONS
The
Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
§ The creation, distribution,
transmission, public display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
§ You are the creator and owner
of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users
of the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
§ You have the written consent,
release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
§ Your Contributions are not
false, inaccurate, or misleading.
§ Your Contributions are not
unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
§ Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
§ Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
§ Your Contributions are not used
to harass or threaten (in the legal sense of those terms) any other person and
to promote violence against a specific person or class of people.
§ Your Contributions do not
violate any applicable law, regulation, or rule.
§ Your Contributions do not
violate the privacy or publicity rights of any third party.
§ Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
§ Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
§ Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Legal Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights to use the Services.
7. CONTRIBUTION LICENSE
By
posting your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use,
copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
We do
not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided by
you in any area on the Services. You are solely
responsible for your Contributions to the Services and
you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Services; and
(3) to pre-screen or delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may
provide you areas on the Services to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or
hateful language; (3) your reviews should not contain discriminatory references
based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews,
whether positive or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
9. THIRD-PARTY WEBSITES AND
CONTENT
The
Services may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating
from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third-Party Websites accessed through
the Services or any Third-Party Content posted on, available through,
or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install
any Third-Party Content, you do so at your own risk, and you should
be aware these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications
you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm
caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
10.
SERVICES
MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
11.
PRIVACY
POLICY
We
care about data privacy and security. Please review our Privacy Policy: https://www.sohmfamilycare.com/privacy-policy.
By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in the United States. If you access the Services from any other
region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and
you expressly consent to have your data transferred to and processed
in the United States.
12.
COPYRIGHT
INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe that any
material available on or through the Services infringes upon any copyright you
own or control, please immediately notify us using the contact information
provided below (a "Notification"). A copy of your Notification
will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the Services
infringes your copyright, you should consider first contacting an attorney.
13.
TERM
AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
14.
MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Services at
any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not
be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
15.
GOVERNING
LAW
These
Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of Wisconsin applicable to
agreements made and to be entirely performed within the State
of Wisconsin, without regard to its conflict of law principles.
16.
DISPUTE
RESOLUTION
Informal
Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes") brought by either you or us (individually,
a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least ninety (90) days
before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding
Arbitration
If the
Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which
are available at the American
Arbitration Association (AAA) website. Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but
need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take
place in Dane County, Wisconsin. Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or
enter judgment on the award entered by the arbitrator.
If for
any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the state
and federal courts located in Dane County, Wisconsin, and the
Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect
to venue and jurisdiction in such state and federal courts. Application of
the United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are excluded from
these Legal Terms.
In no
event shall any Dispute brought by either Party related in any way to the
Services be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or
to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
17.
CORRECTIONS
There
may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
18.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR
MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19.
LIMITATIONS
OF LIABILITY
IN NO
EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING
THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
20.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) your Contributions; (2) use of the
Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your violation
of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
21.
USER
DATA
We
will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use
of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption
of such data.
22.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
23.
SMS
TEXT MESSAGING
Opting
Out
If at
any time you wish to stop receiving SMS messages from us, simply reply to the
text with "STOP.” You may receive an SMS message confirming your opt out.
Message
and Data Rates
Please
be aware that message and data rates may apply to any SMS messages sent or
received. The rates are determined by your carrier and the specifics of your
mobile plan.
Support
If you
have any questions or need assistance regarding our SMS communications, please
email us at legal@sohmfamilycare.com.
24.
CALIFORNIA
USERS AND RESIDENTS
If any
complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or
in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of
these Legal Terms or use of the Services. You agree that these Legal Terms will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
26.
CONCERNS
If you
have any concerns about these terms, please contact us at
legal@sohmfamilycare.com.
27.
CONTACT
US
In
order to
resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
Sohm
Family Care LLC
5406
Katie Ln
Madison, WI 53704
United
States
legal@sohmfamilycare.com