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Terms of Use - The Care Connexion
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Terms of Use

thecareconnexion.com

Effective: April 23, 2024

These Terms of Use are effective immediately for unregistered users and users registering accounts on or after the effective date.

The following terms and conditions, together with any documents expressly incorporated by reference herein, collectively (the "Terms") govern your access to and use of our websites, digital platforms, social media (e.g., Instagram, Facebook, etc.), emails, telephone, VOIP, SMS, online chat, mobile applications, and any other services (online or offline) associated with The Care Connexion, Inc. (collectively, "TCC") and our subsidiaries, affiliates, licensors, and service providers, and our respective officers, directors, board members, board advisors, employees, partners, agents successors and assignees (collectively, the "TCC Group"). These Terms also incorporate our Privacy Policy. You may also be subject to other terms of use or platform access agreements for other TCC activities or services. The terms "we," "our," and "us" refer to the TCC Group.

By accessing and using TCC, you agree to comply with these Terms. The terms "you" refer to registered and unregistered users of TCC. If you are using TCC on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use TCC if you do not agree to the version of the Terms posted on TCC at the time you access TCC.

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

1. Eligibility to Use TCC

  1. To access or use TCC, you must be a United States resident over the age of 18. By using TCC, you represent and warrant that you are of legal age to form a binding contract with the TCC Group. If you do not meet these requirements, you must not access or use TCC. Except as set forth above, or as otherwise approved by us, TCC is for your personal, non-commercial use unless you enter into a separate agreement with us through a platform access agreement for commercial use. You may not use TCC if we have terminated your account or banned you.

2. Your TCC Account

  1. Accessing TCC and Account Security. We reserve the right to withdraw or amend the Terms, and any service or material we provide on TCC, in our sole discretion without notice. We will not be liable if for any reason all or any part of TCC is unavailable at any time or for any period. From time to time, we may restrict access to TCC.
    1. You are responsible for both making all arrangements necessary for you to have access to TCC and be aware of these Terms and comply with them. To access TCC or some of the resources it offers, you may be asked to provide certain registration details or other information.
    2. It is a condition of your use of TCC that all the information you provide on TCC is correct, current, and complete. You agree that all information you provide to register with TCC including through the use of any interactive features on TCC, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    3. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
    4. You also acknowledge that your account is personal to you and agree not to provide any other person with access to TCC or portions of it using your username, password, or other security information.
    5. You agree to notify us immediately of any unauthorized access to or use of your username 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. 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.

3. Intellectual Property Rights

  1. TCC and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the TCC Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. These Terms permit you to use TCC for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on TCC, except as follows:
    1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
    3. You may print or download one copy of a reasonable number of pages of TCC for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
    4. If we provide social media features with certain content, you may take such actions as are enabled by such features.
  3. You must not:
    1. Modify copies of any materials from this site.
    2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  4. You must not access or use for any commercial purposes any part of TCC or any services or materials available through TCC.
  5. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of TCC in breach of the Terms, your right to use TCC will stop immediately and you must, at our option, return, or destroy any copies of the materials you have made. No right, title, or interest in or to TCC or any content on TCC is transferred to you, and all rights not expressly granted are reserved by the TCC Group. Any use of TCC not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
  6. The TCC Group names, the TCC logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the TCC Group. You must not use such marks without the prior written permission of the TCC Group.

4. Using TCC

  1. Third-Party Content on TCC. Content from other users and third parties is made available to you through TCC. Content includes any work of authorship or information, including reviews, Home Health Agency ("HHA") profile information, text, files, images, photos, works of authorship, data or other materials you find on TCC. Because we do not control such content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such content; (2) we make no guarantees about the accuracy, currency, suitability, reliability, or quality of the information in such content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by users, advertisers, and third parties.
  2. In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the content provided by third parties on TCC.
  3. TCC may contain pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Content") on or through TCC.
  4. House Rules. You represent and warrant that you will use TCC solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all User Content that is posted through your account on TCC. You understand that you may expose yourself to liability if your User Content or other use of TCC violates applicable law or any third-party right.
  5. Content Standards. These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
    4. Be likely to deceive any person.
    5. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
    6. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    7. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    8. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    9. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  6. You agree that you will not use TCC to:
    1. Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer.
    2. Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts unless authorized by TCC on a case-by-case basis, such as when a Therapist offers both physical therapy services and occupational therapy services.
    3. Post User Content that you do not own or have the right to post in accordance with the license set forth in these Terms.
    4. Violate these Terms, any other agreements with us, explicit restrictions set forth in our Content Standards, or any applicable law, rule, or regulation.
    5. Post User Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience.
    6. Act in a manner that is harassing, threatening, abusive, racist, or bigoted, is otherwise objectionable (as determined solely by the TCC Group).
    7. Promote, endorse, or further illegal activities.
    8. Disclose information in violation of any legally enforceable confidentiality, non-disclosure, or other contractual restrictions or rights of any third party, including any current or former employers or potential employers.
    9. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party.
    10. Post anything pornographic or sexually explicit in nature (as determined by the TCC Group, in its sole discretion).
    11. Introduce software or automated agents to TCC, or access TCC so as to produce multiple accounts, generate automated messages, or to scrape, strip, or mine data from TCC without our express written permission.
    12. "Frame" or "mirror" or otherwise incorporate part of TCC into any website, or "deep-link" to any portion of TCC without our express written permission.
    13. Copy, modify, or create derivative works of TCC or any content (excluding your User Content) without our express written permission.
    14. Copy or use the information, content (excluding your User Content), or data on TCC in connection with a competitive service, as determined by TCC.
    15. Sell, resell, rent, lease, loan, trade, or otherwise monetize access to TCC or any content (excluding your User Content) without our express written permission.
    16. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of TCC.
    17. Interfere with, disrupt, or create an undue burden on TCC or the networks or services connected to TCC.
    18. Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or other material that is malicious or technologically harmful to TCC.
    19. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of TCC, the server on which TCC is stored, or any server, computer, or database connected to TCC.
    20. Attack TCC via a denial-of-service attack or a distributed denial-of-service attack.
    21. Attempt to circumvent any security feature of TCC.
    22. Otherwise attempt to interfere with the proper working of TCC.
    23. Violates any applicable federal, state, local, or international law or regulation.
    24. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of TCC, or which, as determined by us, may harm the TCC Group or users of TCC, or expose them to liability.
    25. Use any robot, spider, or other automatic device, process, or means to access TCC for any purpose, including monitoring or copying any of the material on TCC.

5. User Content

  1. Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on TCC, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
  2. You represent and warrant that: (1) you own or control all rights in and to the User Content and have the right to grant the license granted above to us; and (2) all of your User Content do and will comply with these Terms.
  3. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the TCC Group, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  4. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of TCC.
  5. We do not claim ownership in any User Content that you submit to TCC, but you grant us the rights to use such User Content as set forth below. By submitting any User Content to TCC, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such User Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to TCC's exercise of the foregoing license. You agree that this license includes the right for us to provide, promote, and improve TCC and to make User Content submitted to or through TCC available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. No compensation will be paid with respect to the User Content that you post through TCC. You should only submit User Content to TCC that you are comfortable sharing with others under the terms and conditions of these Terms.

6. Enforcement by TCC

  1. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of TCC.
  3. Terminate or suspend your access to all or part of TCC for any or no reason, including without limitation, any violation of these Terms.
  1. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through TCC.
    1. YOU WAIVE AND HOLD HARMLESS THE TCC GROUP AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE TCC GROUP DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE TCC GROUP OR LAW ENFORCEMENT AUTHORITIES.
  2. We cannot review all material before it is posted on TCC and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  3. Removal of User Content. While TCC has no obligation to do so, TCC reserves the right to review and delete any User Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on TCC, or that we deem in our sole discretion as inappropriate. If you see any User Content on TCC that you believe violates our policies, you may report that User Content by contacting us. Once notified, we will review the User Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove User Content is within our sole discretion. You understand and agree that if we choose not to remove or edit User Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
  4. Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
  5. Copyright Infringement. If you believe that any User Content violates your copyright, please contact support@thecareconnexion.com for instructions on sending us a notice of copyright infringement. It is the policy of the TCC Group to terminate the user accounts of repeat infringers.

7. Rights to TCC Content

  1. TCC contains content provided by us and our licensors ("TCC Content"). We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the TCC Content we each provide, and the TCC Group owns and retains all property rights in TCC. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy, and print TCC Content from TCC solely for your personal use in connection with using TCC. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt, or create derivative works based on TCC or the TCC Content (excluding your User Content); or (2) rent, lease, loan, or sell access to TCC.

8. Reliance on Information Posted

  1. The information presented on or through TCC is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to TCC, or by anyone who may be informed of any of its contents.
  2. TCC includes content provided by third parties, including, but not limited to, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the TCC Group, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the TCC Group. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Information About You and Your Visits to TCC

  1. All information we collect on TCC is subject to our Privacy Policy. By using TCC, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
  2. Your use of TCC, and agreements with these Terms, serves as your written consent to our collection, aggregation, and recording of any and all types of engagement with or use of TCC including, but not limited to, your access to and use of our websites, digital platforms, social media (e.g. Instagram, Facebook, etc.), emails, telephone, VOIP, SMS, online chat, mobile applications, and any other activities (online or offline) associated with the TCC Group.

11. Linking to TCC and Social Media Features

  1. You may link to our homepage, 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.
  2. TCC may provide certain social media features that enable you to:
    1. Link from your own or certain third-party websites to certain content on TCC.
    2. Send emails or other communications with certain content, or links to certain content, on TCC.
    3. Cause limited portions of content on TCC to be displayed or appear to be displayed on your own or certain third-party websites.
  3. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
    1. Establish a link from any website that is not owned by you.
    2. Cause TCC or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
    3. Link to any part of TCC other than the homepage.
    4. Otherwise take any action with respect to the materials on TCC that is inconsistent with any other provision of these Terms.
  4. The website from which you are linking or on which you make certain content accessible must comply in all respects with the Content Standards set out in these Terms.
  5. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice.
  6. We may disable all or any social media features and any links at any time without notice in our discretion.

12. Links from TCC

  1. If TCC contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to TCC, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

13. Indemnity

  1. You agree to defend, indemnify, and hold us harmless from any loss, liability, claim, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of TCC, including, but not limited to, your User Content, any use of TCC's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from TCC.

14. Disclaimers and Limitation on Liability

  1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE TCC GROUP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, TCC, ANY WEBSITES LINKED TO IT, ANY CONTENT ON TCC OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
    1. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  2. You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of TCC. We are not responsible for any incorrect, inaccurate, or unlawful content (including any information in profiles) posted on TCC, whether caused by users or by any of the equipment or programming associated with or utilized in TCC. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on TCC or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with TCC. Under no circumstances shall we be responsible for any loss or damage resulting from use of TCC or from any content posted on TCC or transmitted to users, or any interactions between users of TCC, whether online or offline.
  3. TCC is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) TCC will meet your requirements; (2) TCC will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of TCC will be accurate or reliable.
  4. TCC is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether expressed or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, and quiet enjoyment. You hereby release the TCC Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, content, or data of third parties (including, other users), and (2) your participation in any offline events, enjoyment, accuracy, or non-infringement. We make no warranty that: (1) TCC will meet your requirements; (2) TCC will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of TCC will be accurate or reliable.
  5. IN NO EVENT SHALL TCC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF TCC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT TCC'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF TCC (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

15. Termination

  1. These Terms remain in effect while you use TCC and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of TCC, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
  2. All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of TCC. For the avoidance of doubt, you agree that these Terms apply to your use of TCC and any content posted on TCC at any time prior to the termination or expiration of these Terms.

16. Changes to Terms

  1. We may revise these Terms from time to time in our sole discretion by posting an updated version on TCC. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the effective date. For users who registered accounts before the effective date, they will become effective thirty (30) days after the effective date. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. You are expected to periodically review this page for the latest information on our Terms. Your continued use of TCC is subject to the most current effective version of these Terms. If you do not agree to these changed terms, you may close your account within the 30-day period and you will not be bound by the changes.

17. Third-Party Discovery

  1. You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from TCC. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid subpoena of the law governing the proceeding.

18. Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE TCC GROUP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TCC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

  1. Governing Law. These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of TCC, shall be governed by the laws of the State of Louisiana without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within East Baton Rouge Parish, Louisiana or the federal courts in the Middle District of Louisiana, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  2. Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and TCC each agree that any and all disputes between users of TCC and the TCC Group arising under or related in any way to these Terms and such users' use of TCC must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.
  3. Exceptions to Arbitration. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.
  4. Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to the TCC Group should be sent to the registered agent of TCC. If you have an account on TCC, notice will be sent to the email address or a physical address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If TCC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TCC may commence formal proceeding.
  5. Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. The AAA's rules and a form for initiating the proceeding are available at www.adr.org. Any settlement offer made by you or TCC shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Baton Rouge, Louisiana. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same TCC user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  6. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR TCC MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  7. Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and TCC. We will notify you of changes to this Arbitration section by posting the changes on TCC at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30-day period and you will not be bound by the changes.

19. Other

  1. Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of TCC and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. No waiver by the TCC Group of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the TCC Group to assert a right or provision under these Terms.
  2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with TCC's prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
  3. Please contact us with any questions regarding these Terms by contacting us at support@thecareconnexion.com or contacting TCC's registered agent.