Terms of Use

By continuing to use the Platform, you agree as follows:

‍KEY POINTS
You are at least 16 years old;

1. You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
2. You will use the Platform in a manner consistent with applicable laws and regulations, and with these Terms, as they may be amended by Abby Care from time to time; and
3. You understand, accept, and have received these Terms and the Privacy Policy, and acknowledge and demonstrate that you can access these Terms and the Privacy Policy at will. Privacy Policy at will. 

‍If you do not agree with and accept the Terms, please discontinue all further use of the Platform. Do not continue to access the Platform. 

‍ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ABBY CARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING care@abbycare.org WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“you/your” or "user") and Abby Care. Abby Care is the creator of the Abby Care website (the “Platform”) and the care services model described where caregivers (“Caregivers”) such as yourself are certified, deliver care to your family members (“Patients”) for pay and participate in a support community.  These Terms govern your use of the Platform and apply to individuals accessing the Platform. By accepting these Terms and using the Platform, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy.

‍WHAT IS THE PLATFORM?

‍The Platform is designed to allow current and prospective Caregivers to access educational materials about Abby Care and the caregiver model. 

You may access and use the Platform only in accordance with these Terms, and you agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as our Privacy Policy.

‍The Platform is not intended to be used to identify emergencies or to treat emergent, serious, or life-threatening conditions. If you are a Platform user and you or someone you know believes you or a Patient are suffering an emergent or life-threatening condition, call 9-1-1 immediately where that service is available or go to the nearest open clinic or emergency room. 

‍WHAT DOES ABBY CARE NOT PROVIDE?

We DO NOT provide medical advice.

‍By accepting these Terms, you agree and acknowledge that we do not provide medical services. Our role is limited to training, supporting and facilitating your Caregiver work for Patients.

PLATFORM

THE PLATFORM CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

‍General information available through the Platform about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Platform. If you or a Patient has or you suspect that you or a Patient has an urgent medical problem or condition, please contact a qualified healthcare professional immediately. 

PLATFORM NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE PLATFORM WHERE PROHIBITED BY LAW. 

‍HOW WILL ABBY CARE NOTIFY YOU OF CHANGES TO THESE TERMS?

‍With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, Abby Care reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Platform and we will change the “Last Updated” date above.If you continue to use the Platform after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Platform and delete all files associated with the Platform on your computer and/or mobile device. 

‍WHO OWNS THE PLATFORM AND PERSONAL DATA?

Platform Ownership and Use.

‍Abby Care and its licensors own the Platform, including all content and functionality you access through the Platform. Subject to your compliance with these Terms, Abby Care grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform.

‍THE PLATFORM IS FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE PLATFORM. You may not use the Platform for any other purpose than what is allowed under these Terms without Abby Care’s express written permission.You may not use Abby Care’s name, trademarks, service marks, or logos, or those of third parties appearing on the Platform in any advertising or publicity or to otherwise indicate Abby Care’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Abby Care or such third party. 

‍Personal Data Ownership and Use

‍You own your Personal Data (as defined in the Privacy Policy)  and any other information you submit on or through the Platform (collectively, “User Information”). If you are entering someone else’s information into the Platform, you represent and warrant that you have permission to do so. For us to provide you with the Platform, you grant to Abby Care a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use your User Information for the purpose of providing the Platform, subject to the restrictions in the Privacy Policy. You also agree to allow Abby Care to de-identify and anonymize your User Information, including, without limitation, your personal health information in accordance with our Privacy Policy, and to use or disclose such de-identified information for any purpose.

‍WHAT ARE YOU NOT ALLOWED TO DO WITH THE PLATFORM?

You may use the Platform only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Platform. While using the Platform, you shall not: 

1. Provide false, misleading, or inaccurate information to us;
2. Use the Platform (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms;
3. Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Platform for any use, including, without limitation, use on third-party websites, without our consent;
4. Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to use the Platform;
5. Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
6. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Platform. Any violation of this section may subject you to civil and/or criminal liability;

Abby Care is not obligated to monitor your use of the Platform, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Abby Care reserves the right to suspend or terminate your use of the Platform without notice to you if you partake in any of the prohibited uses described above.

‍COMPUTER EQUIPMENT AND INTERNET ACCESS

‍You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for you to access and use the Platform. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Platform and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems. 

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

‍OPTING OUT OF COMMUNICATIONS FROM ABBY CARE

‍We may send communications, including emails, to you regarding the Platform. You can choose to filter any Platform emails using your email settings, but we do not provide an option for you to opt out of these communications.

If you consent to receive marketing or other communications not related to your User Account or the Platform, we will provide you with the option to opt out of such marketing communications within the applicable message. 

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THIRD PARTIES AND THIRD-PARTY SITES

Third-Party Websites

‍In the course of using the Platform, you may be introduced to areas or features of the Platform that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS. 

Any reference in the Platform to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.

‍YOUR REPRESENTATIONS AND WARRANTIES

‍In addition to other representations and warranties contained throughout the Terms, you represent and warrant that your use of the Platform will be in accordance with these Terms and all applicable laws, regulations, rules, and Abby Care policies and procedures (to the extent such policies and procedures are communicated to you). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US. 

‍WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

No Warranties.

‍THE PLATFORM ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ABBY CARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ABBY CARE MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ABBY CARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE PLATFORM OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ABBY CARE OR THROUGH THE PLATFORM OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, PATIENTS, CAREGIVERS, OR AUTHORIZED THIRD PARTIES. 

YOU UNDERSTAND THAT ABBY CARE DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, CAREGIVERS, NOR DOES ABBY CARE VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE PLATFORM. ABBY CARE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, CAREGIVERS.

ABBY CARE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. ABBY CARE CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.

‍Your Responsibility for Loss or Damage.

‍YOU AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU WILL NOT HOLD ABBY CARE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

‍Limitation of Liability.

‍YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM REMAINS WITH YOU. NEITHER ABBY CARE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER CAREGIVERS, PATIENTS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABBY CARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

‍IF YOU ARE DISSATISFIED WITH THE PLATFORM OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PLATFORM. 
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YOU ACKNOWLEDGE THAT IF YOU USE THE PLATFORM DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. ABBY CARE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE PLATFORM.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ABBY CARE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PLATFORM MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

‍INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ABBY CARE AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE PLATFORM, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE PLATFORM THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

PROVIDING FEEDBACK TO ABBY CARE

‍We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform and our services (“Feedback”). You may submit Feedback by e-mailing us at care@abbycare.org. You acknowledge and agree that if you submit any Feedback to us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

‍ACCESS TERMINATION

‍If you breach any of these Terms, we may terminate your access to the Platform without prior notice to you.  There may be other instances where we may need to terminate your access to the Platform that are not related to any of your actions or inactions.  We reserve the right to terminate your access to and use of the Platform and materials at any time, with or without cause.  

‍DISPUTE RESOLUTION

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

‍You agree that any dispute between you and Abby Care arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Abby Care.

‍Informal Dispute Resolution.

‍Before filing a claim against Abby Care, you agree to try to resolve the dispute informally by contacting care@abbycare.org. Most User concerns can be resolved quickly and to your satisfaction through email. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below. 

‍Arbitration Agreement.

‍In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).

‍Arbitration Procedure.

‍You and Abby Care agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by Abby Care, and the third (3rd) arbitrator is selected by mutual consent of you and Abby Care. If you and Abby Care cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed. 

‍Cost of Arbitration.

‍You and Abby Care shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

‍Exceptions to Agreement to Arbitrate.

‍Abby Care may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH ABBY CARE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.

‍Opt Out of Alternative Dispute Resolution Process.

Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting care@abbycare.org within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

‍If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware within twenty-five (25) miles of Wilmington, Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

‍GENERAL CONTRACT TERMS

Entire Agreement.

‍These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Abby Care and you regarding the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Abby Care and you regarding the Platform.

‍Governing Law.

‍These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions. 

‍Assignment.

‍You may not assign or transfer these Terms, by operation of law or otherwise, without Abby Care’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Abby Care may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

‍Notices.

‍Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Abby Care via email (in each case to the address that you provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Abby Care electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ABBY CARE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.You shall give any notice to Abby Care by email to: care@abbycare.org. Notice to Abby Care shall be effective upon receipt of notice by Abby Care.

‍No Inadvertent Waiver.

‍The failure of Abby Care to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Abby Care. 

‍Severability.

‍If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

‍Intellectual Property Rights.

‍“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.As between you and us, all right, title, and interest, including all Intellectual Property Rights, in the Platform, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Abby Care or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

‍Remedies.

‍Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.‍

ANY QUESTIONS