Thank you for visiting our website. MA Delivery Innovations, Inc. d/b/a MoreCare (“MoreCare”, “we” or “us”), operates one or more websites (the “Website”) to provide interested parties with information about MoreCare.
The Website is offered and available to users who are 18 years of age or older and reside in the United States of America or its territories. By using this Website, you represent and warrant that you are of legal age to form a binding contract with MoreCare. If you are not 18 or older, you must not access or use the Website.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF MEDIATION OR ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION LITIGATION.
Access to the Website and Account Security
You must treat your user name, password or any other piece of information provided as part of our security procedures, as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. We strongly recommend that you not access the Website from a public computer. If you must do so you should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
All rights, title and interest in and to the Website, including its content and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein (the “Content”) shall remain with MoreCare and/or MoreCare’s licensees, licensors and any other providers of material to the Website; no ownership interest is transferred to users or any other entity by virtue of making the Content available in the Website.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website Content for you own personal non-commercial use and not for further reproduction, publication or distribution.
If we make desktop, mobile or other applications available for download, you may download a single copy to your computer and mobile device solely for personal, noncommercial use, providing you agree to be bound by our end user license agreement for such applications,
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
You must not use the Website:
for an unlawful purpose or activity; (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and the limitations imposed by HIPAA-HITECH);
to infringe or facilitate the infringement of any copyright, patent or other intellectual property right;
to impersonate or attempt to impersonate MoreCare, a MoreCare employee, another user or any other person or entity;
in a manner causing or creating a material risk of harm to the Website, MoreCare or its subcontractors, its clients, another user, or any other third party;
to engage in any other conduct that restricts or inhibits anyone’s use of the Website or which, as determined by us, may harm MoreCare or users of the Website or expose them to liability;
to provide materially false information for purposes of being authenticated, authorized or identified as a user;
to pursue any purpose or engage in any activity that may be illegal, cause harm to any person’s rights or property, or cause harm to individual or public health or safety; or
to defame, abuse, harass, stalk, threaten or otherwise violate another person’s legal rights (such as rights of privacy and publicity).
Additionally, you agree not to:
use the Website on any device used to access it in any manner that could disable, overburden, damage, or impair the proper working of or access to or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
use any manual process to monitor or copy any of the material on the Website or for any purpose without our prior written consent;
use any device, software, process or means that interferes with the proper working of the Website;
introduce any viruses, trojan horses, worms, malware, logic bombs or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, any Website Content, or any server, computer or database connected to the Website; or
attack the Website or otherwise attempt to interfere with the proper working of the Website.
Content Conditions and Usage
The Content of this Website, such as text, graphics, images, and other material contained on the Website are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. MoreCare does not furnish or render professional health care services or medical care.
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 this Website.
You agree that you use this website at your own risk. MoreCare is not responsible, or liable to you or any third party, for the content or accuracy of any Content presented on the Website. MoreCare disclaims all liability and responsibility arising from any reliance placed on the Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Website Records. MoreCare will maintain records relating to the operation of the Website, as MoreCare determines appropriate. MoreCare will not maintain, and will not be responsible for maintaining, records of the Content furnished to or accessed through the Website by you or any other user, or for inspecting any Content.
MoreCare Copyright Policy
MoreCare respects intellectual property rights and takes claims of copyright infringement seriously. All users of this Website and any other websites controlled by MoreCare are required to comply with applicable copyright laws. This Website accommodates and does not interfere with copyright holders’ standard technical measures to protect intellectual property. We will take action upon infringing material, including removal of or disabling access to such material, if we have actual or constructive knowledge of infringement or if we receive notice from a copyright holder alerting us to copyright infringement.
Take-Down Notice Procedures
If you believe materials accessible on or from this Website infringe your copyright, you may request removal of or denial of access to such materials by submitting written notification to our Copyright Agent designated below. MoreCare will respond promptly to any claim of infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Written notice (the “DMCA Notice”) to MoreCare must substantially include the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Failure to include each of these elements in your DMCA Notice as required by Section 512(c)(3) of the DMCA may constitute an ineffective notice upon which no action will be taken.
Notices and counter-notices must be sent in writing to MoreCare’s DMCA agent as follows:
Camille Trunkett, Compliance Officer
180 N. Stetson Ave., Suite 600-1
Chicago, IL 60642
Please submit only legitimate claims for copyright infringement in your DMCA Notice. Knowingly submitting a false DMCA Notice may result in your being held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. If you are unsure whether material available on our Website infringes your copyright, you should contact an attorney before submitting a DMCA Notice.
Take-Down Notification to Alleged Infringer and Counter-Notices
If we remove or disable access to material in response to an effective DMCA Notice, we will make a good-faith attempt to contact the user who generated such material so that such user may file a counter-notification with us (a “Counter-Notice”) pursuant to Sections 512(g)(2) and (3) of the DMCA. If you are submitting a Counter-Notice, it must substantially include the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service of process from the person (or an agent of that person) who provided the Website with the complaint at issue.
All Counter-Notices should be sent to our Copyright Agent. Please submit only legitimate Counter-Notices. Knowingly submitting a false Counter-Notice may result in your being held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Upon receipt of a Counter-Notice, we will promptly provide the sender of the DMCA Notice with a copy of your Counter-Notice. Then, we will replace the removed material or cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter-Notice, unless our Copyright Agent first receives notice from the sender of the DMCA Notice that such person has filed an action seeking a court order to restrain the person engaged in the allegedly infringing activity from doing so on our Website.
Changes to the Website
We will attempt to provide notice of changes to the Website that affect its operations, features and functionality of the Website.
Information About You and Your Visits to the Website
Linking to the Website
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
If you link to the Website, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
The Website shall not be linked to a social media website or account without the express written permission of MoreCare. You agree to cooperate with us in stopping any unauthorized framing or linking immediately. We reserve the right to withdraw linking permission without notice.
Links to Other Websites
MoreCare is based in the state of Illinois. We provide this Website for use only by persons located in the United States. Access to the Website may not be legal by certain persons or in certain countries. Do not access the Website from outside the United States.
Limitation/Disclaimer of Liability
NEITHER MORECARE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS SHALL BE HELD LIABLE FOR ANY IMPROPER OR INCORRECT USE OF ANY OF THE CONTENT AND ASSUME NO RESPONSIBILITY FOR ANYONE’S USE OF THE INFORMATION. USER IS SOLELY RESPONSIBLE FOR ANY AND ALL ACTIONS OR OMISSIONS TAKEN OR MADE BY USER IN RELIANCE ON OR IN CONNECTION WITH ACCESS TO THE WEBSITE OR THE CONTENT THEREIN.
MORECARE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
MORECARE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT. MORECARE HAS NO RESPONSIBILITY OR OBLIGATION TO REPLACE ANY HARDWARE, SOFTWARE OR MEDIA DAMAGED BY ACCESS TO, OR ACCIDENT, ABUSE OR MISUSE OF THE WEBSITE OR THE CONTENT THEREIN.
IN NO EVENT SHALL MORECARE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO: PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF MORECARE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBCONTRACTORS, CUSTOMERS, AND ITS VENDORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY YOU SOLELY FOR THE RIGHT TO USE THE PARTICULAR INFORMATION OR SERVICE PROVIDED BY MORECARE HEREUNDER OR $25.00, WHICHEVER IS GREATER.
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement, and neither the Website nor the Content would be provided to you absent such limitations.
Disclaimer of Warranties
MORECARE PROVIDES DATA AND INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED.
Your use of (including any access to) the Website and the Content and any other internet sites linked to the Website, including any resources contained on, or otherwise made available by them, is solely at your own risk.
NEITHER MORECARE NOR ANY PERSON ASSOCIATED WITH MORECARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MORECARE NOR ANYONE ASSOCIATED WITH MORECARE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND MORECARE’S OR ITS CUSTOMERS OR VENDORS’ CONTROL. THE OPERATION OF THE WEBSITE, WHETHER BY MORECARE, ITS CUSTOMERS, OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION IN CHICAGO, ILLINOIS. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
THE PARTIES, THEIR REPRESENTATIVES, OTHER PARTICIPANTS, AND THE ARBITRATOR SHALL HOLD THE EXISTENCE, CONTENT, AND RESULTS OF THE DISPUTE RESOLUTION PROCEEDINGS IN CONFIDENCE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
WITH THE EXCEPTION OF ANY OF THE LANGUAGE ABOVE IN THIS DISPUTE RESOLUTION PROVISION RELATING TO THE WAIVER OF CLASS AND REPRESENTATIVE ACTIONS, IF A COURT DECIDES THAT ANY PART OF THIS DISPUTE RESOLUTION PROVISION IS INVALID OR UNENFORCEABLE, THE OTHER PARTS OF THIS DISPUTE RESOLUTION PROVISION SHALL STILL APPLY. IF A COURT DECIDES THAT ANY ASPECT OF THE LANGUAGE ABOVE IN THIS DISPUTE RESOLUTION PROVISION RELATING TO THE WAIVER OF CLASS AND REPRESENTATIVE ACTIONS IS INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION PROVISION SHALL BE NULL AND VOID. THE REMAINDER OF THE AGREEMENT WILL CONTINUE TO APPLY AND BE UNAFFECTED BY THIS SEVERABILITY PROVISION.
Waiver and Severability
Effective Date: October 15, 2019