Last Updated: 6/30/2016
We provide home care provider services to assist individuals requiring homecare. Our Sites provide information on our Services, information about featured caregivers, a blog with helpful tips and information about seniors and homecare, as well as the ability to register for an account.
Our Application connects Mavencare Clients receiving our home care services with family members and other individuals that they select and who have registered for an authenticated account and subscribe to a feed that provides information on the individual receiving care’s location, activities and care. The Application also provides the ability for certain authorized individuals to review and request edits to a care tasklist, receive task updates and photos, view invoices, submit a request to schedule or adjust future appointments and pay for Services.
The Sites are owned and operated by Mavencare Inc. All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Sites or available via a link from Sites to a page created by Mavencare on another website (collectively, the "Content"), are the sole property of Mavencare and/or its licensors. All Content is protected by US, Canadian, and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.
© Mavencare Inc., 2016. All rights reserved.
You will need to create an account to use certain features of the Sites. You can create an account by providing an email address and password, or by connecting your Google+ account. Certain account features are only accessible if you have an account that has been authenticated by Mavencare, such as an account to access the Application. The available features vary depending on your relationship with Mavencare (e.g., as a Customer, Mavencare Caregiver, or Health Care Partner). Additional terms may apply to an authenticated account in accordance to any applicable Account Agreement or Care Plan Agreement. Once you have submitted your registration details we may review your submission and reserve the sole right and discretion in granting or denying any accounts. You are not permitted to allow a third party to access your account unless you have the prior written permission of Mavencare. You are responsible for the actions of any third party that you allow to access your account.
A Mavencare Client receiving care may consent to having a profile on the Application and may select individuals who can access a feed about their care activities. If you are an individual selected to subscribe to a feed, you may have access to the information selected by the Client by creating an account and downloading or accessing the Application. Mavencare will provide you with a unique code that will allow you to connect you with the selected feeds. When you create an account with us, you agree to provide true, current, complete and accurate information as requested, and to update that information as soon as possible after any information on such registration changes.
You alone are responsible for keeping your account log-in information confidential, and for any and all activity that occurs on the Sites using that account. Mavencare will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
The Application is licensed, not sold. We grant you a non-exclusive, non-transferable, fully revocable, limited license to install the Application on any single computer, mobile device, tablet, or similar technology, and to use the Application, solely to be used in connection with our services for your private, personal, use. Where users are customers of Mavencare, your license is solely to be for non-commercial use. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our service providers. Additionally, you agree to abide by the following:
We may automatically check your version of the Application and notify you of improvements to its performance and capabilities. Please be aware that if you have violated any of the licensing provisions or if we believe your conduct may harm Mavencare, we may revoke your license immediately.
When accessing and using our Sites, you are responsible for your use of the Sites and any use of the Sites made by your account. You agree to abide by all applicable federal, provincial, territorial and other laws and regulations.
In addition, without limiting the foregoing, you agree not to use the Sites, including using the Sites to share any content or to communicate with Mavencare, in any manner that:
We allow users to upload content to the Sites, such as to enter information in the Application (such as medical history and routine, schedule requests, and ratings of caregivers) or make a comment on a blog. You retain all ownership and intellectual property rights in and to any data uploaded to the Sites (“Your Content”) and/or shared via the Sites. By submitting Your Content you warrant and represent that (i) Your Content is your original work, created solely by you, and over which you have all necessary rights, title and interest, including copyright or you have a licence from the owner of Your Content and permission to upload Your Content and (ii) the posting and use of Your Content on or through the Sites, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights and (iii) you grant us a worldwide, limited, royalty-free, irrevocable, transferable, assignable, and sub-licensable license to use, reproduce, publish, and display Your Content in whole or in part, without charge, for the purposes of providing the Sites.
If you upload Your Content to public areas of our Website such as in a blog comment, you grant us a worldwide, limited, royalty-free, irrevocable, transferable, assignable, and sub-licensable license to use, reproduce, publish, and display Your Content in whole or in part, without charge, for any purpose, including advertising or publicity/promotional purposes.
This section does not apply to Caregivers, employees and contractors of Mavencare who use the Application in the course of their duties. All content uploaded by Caregivers, employees and contractors of Mavencare belongs to Mavencare and/or the Client.
We may offer links on the Sites to websites owned and operated by third parties. We provide these links as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to the Sites, and we encourage you to review the terms and privacy policies of those third parties before using their websites.
The Sites may include a feature that enables you to share certain content from the Sites, such as information from an Application feed (including care activity updates and photos), via a third party, such as Facebook, Instagram or Twitter, which may be publicly posted on that third party's service or application. This will require you to log in to your account on the third-party service. We do not control these third party services or any of their content and is not responsible or liable for any such third-party services or features or for their availability. Your use of these third party services or application is at your own option and risk, and you hold the Sites harmless for activity related to the use of these services. Please remember that any information you disclose on a third party service may cause your or the person receiving care’s personal information to become publicly disclosed, so it is important for you to carefully consider what, if any, personal information you choose to share.
All prices on our Sites quoted are payable in US or Canadian dollars depending on the location of the Services provided. Although we strive to provide accurate pricing information, errors may occur. We reserve the right to correct any errors in pricing. Additionally, we reserve the right to increase prices at our discretion, where price increases do occur we shall notify you. We cannot confirm the price of our Services until after you complete a booking and agree to additional terms set out in the Account Agreement and Care Plan Agreement applicable to the Services. Additional terms related to pricing, bookings, and cancellations of our Services are set out in these terms.
We value your security and privacy with all online transactions. While we implement security measures on these Sites, you should be aware that 100% security is not always possible.
The Sites do not provide medical advice. The information on the Sites are for informational and educational purposes only, and does not represent the practice of medicine, nor is it intended to diagnose, treat, or provide definitive disease management. The Sites, including the information accessible through a Client feed, are meant to provide information related to the activities of daily living and to provide informational updates about the care of the Mavencare Client receiving care based on the observations and assessment of the caregiver. They are not intended to diagnose or treat any disease or disorder or otherwise substitute for professional health care services. No interactions with the Sites create a doctor-patient relationship between Mavencare and you as defined under US federal and state laws and Mavencare does not give medical opinions, recommendations or advice via the Sites.
DO NOT USE ANY APPROACH OR OBSERVATIONS DISCUSSED ON THE SITES, INCLUDING INFORMATION ACCESSIBLE THROUGH A CLIENT FEED, AS A SUBSTITUTE FOR THE ADVICE AND COUNSEL OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. If you believe you are experiencing some type of medical condition or emergency, please contact an emergency responder or your doctor for an in person if you are looking for a personal medical evaluation, diagnosis, or prescription. Do not delay receiving treatment for any health or medical issues due to any content or information found on our Sites. We are not responsible for any decisions or diagnoses which you might claim to come by based upon any content published on our Sites. ANY MEDICAL RELATIONSHIP CREATED BETWEEN YOU AND A CAREGIVER VIA THE SITES, IS SOLELY BETWEEN THE PARTIES AND DOES NOT INVOLVE MAVENCARE; YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF OUR CAREGIVERS OR OTHER THIRD PARTIES USING THE SITES. RELIANCE ON ANY INFORMATION PROVIDED ON THE SITES IS SOLELY AT YOUR OWN RISK.
There will be occasions when the Sites will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruptions where it is within our reasonable control. From time to time, and without notice to you, we may add or delete certain features or functions from the Sites. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites.
We shall have no liability or responsibility with respect to any lost data, such as messages, such as deletion or failure to store messages, communications or other messages transmitted to you.
DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, MAVENCARE CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE SITES. MAVENCARE DOES NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. WITHOUT LIMITING THE ABOVE, THE SITES, ANY CONTENT, AND THE MAVENCARE SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND MAVENCARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. ADDITIONALLY, MAVENCARE DOES NOT REPRESENT OR WARRANT (1) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITES OR ANY DOWNLOADABLE SOFTWARE, (2) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (3) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
IN NO EVENT SHALL Mavencare, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (1) YOUR USE OR INABILITY TO USE THE SITES OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE SITES, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES VIA A THIRD PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (6) YOUR INTERACTIONS WITH ANY CAREGIVERS OR THIRD PARTIES OR ANY CAREGIVER OR THIRD PARTY CONTENT PLACED ON THE SITES, (7) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (8) Lost profits. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by Mavencare’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO USE OUR SITES.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Mavencare, email@example.com or by mail to Copyright Agent of Mavencare, 79 Madison Ave Suite 657, New York, New York 10016.
For all US users, this Agreement shall be governed by the laws in force in the state of New York. The offer and acceptance of this contract is deemed to have occurred in the state of New York.
For all users residing in the United States, any dispute relating in any way to your use of the Sites or Services offered shall be submitted to confidential arbitration in New York City, NY. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Mavencare may make any and all appearances telephonically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Sites or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within New York County, NY.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Mavencare are deemed to conflict with each other’s operation, Mavencare shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Mavencare or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, suggestions, or other works (“Submission(s)”) in any form to Mavencare. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Mavencare’s products might seem similar to ideas you submitted to Mavencare. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Mavencare, without any compensation to you; (2) Mavencare may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Mavencare to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination of this Agreement shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimers, Licensing, Indemnification, and Arbitration sections.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. If such amendment is material to this Agreement, you may be required to provide your consent to such amended Agreement. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Sites.
The communications between you and Mavencare use electronic means, whether you visit the Sites or send Mavencare e-mails, or whether Mavencare posts notices on the Sites or communicates with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Mavencare in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Mavencare provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
This Agreement is entered solely into between you and Mavencare, owner and operator of the Application. Although our Application may be available for download in the Google Play Store (“Google”) or the iTunes Store (“Apple”), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the Application. Mavencare is solely responsible for the Application and the content thereof as set forth hereunder. However, Google and Apple are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are “the end-user.” In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the Terms of this Agreement shall control.
The Application and the underlying information and technology may not be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. or Canada has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading the Application or using the Sites, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Mavencare must be sent to our agent for notice to: firstname.lastname@example.org
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. We can't promise to store or keep showing any information and Your Content or that have been made available to you on the Sites, including feed information. If you wish to terminate an account, you must contact Mavencare to request termination. Request for termination of an account with Mavencare may be subject to additional requirements under your Account Agreement or Care Plan Agreement, if applicable. If you terminate your account, you will no longer be able to access any information you have uploaded or created in your account, or are otherwise accessible in your account, such as feed information. We may terminate your account as provided for under this Agreement, the Account Agreement, or the Care Plan Agreement, or if we believe that your actions may harm Mavencare in our sole discretion.
You will be able to access the Sites or Application through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.