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National Domestic Workers Alliance
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Terms and Conditions of Use

Your Acceptance of CareTogether’s Policies

Thank you for visiting caretogether.chat (the “Website”), a website owned by the National Domestic Workers Alliance (“CareTogether,” “Us” or “We”). By using and/or visiting the Website including its chat and text offerings (the “Service”), you agree to these Terms and Conditions of Use, as well the Privacy Policy of CareTogether. You understand that CareTogether has the right to update these policies from time to time upon posting revised policies on the Website. By continuing to use the Service, you agree to the policies as amended. If you do not agree to any of these terms, please do not use the Service.

The Nature of the Services Being Provided

CareTogether is a free, peer-based counseling chat.

Please understand that your use of the Service – whether through CareTogether’s chat feature or its text capability -- does not constitute any kind of confidential relationship. The communications between CareTogether and you are not subject to the attorney-client privilege, doctor-patient privilege, or any other privilege.

CareTogether is not providing professional health care.

If you believe you or someone else is in immediate danger, please call 911.

CareTogether is not providing legal advice.

If you believe you need legal advice, please contact an attorney.

CareTogether will try to help you determine how to handle the situation you contact us about, but you are the decision maker. Only you can decide what to do, and you are responsible for your decisions.

CareTogether and its officers, directors, employees or agents are not responsible for any decisions that you make after using the Service, or for the results of any such decisions.

Feedback

We may send you a link to take a survey and provide us with feedback after your use of the Service. You are not required to complete the survey (in whole or in part), although we would certainly appreciate your thoughts about the Service. We use your survey answers to help us to improve the Service. All responses are anonymous.

Links to Third Party Websites

The Service may include links to third party websites. CareTogether has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CareTogether will not and cannot censor or edit the content of any third party website. By using the Service, you expressly relieve CareTogether from any and all liability arising from your use of the Service, as well as any third party website.

Access to the Service

CareTogether hereby grants you permission to use the Service as set forth in these Terms and Conditions of Use, provided that you use the Service solely for your personal, noncommercial use. CareTogether hereby grants you permission to make copies of any part of the Service in any medium to use for noncommercial purposes, provided that you retain CareTogether’s marks and copyright notices on your copy. You must obtain CareTogether’s prior consent to use any of the content on the Service for any other purposes. In addition, your use of the Service is conditioned upon your complete compliance with these Terms and Conditions of Use.

Restrictions on Use

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to CareTogether’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, CareTogether grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials. CareTogether reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Service, nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to solicit any users of the Service for any commercial purposes.

Intellectual Property Rights

The content on the Service, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CareTogether, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Service is provided to you AS IS for your information and personal, noncommercial use only and the Content and the Marks may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than as authorized herein without the prior written consent of the respective owners. CareTogether reserves all rights not expressly granted in and to the Service, the Content and the Marks. You agree not to engage in the use, copying, or distribution of any of the Content or the Marks other than as expressly permitted herein. If you download or print a copy of the Content for noncommercial use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content or by using the Marks. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CARETOGETHER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. CARETOGETHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO OR FROM THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. CARETOGETHER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CARETOGETHER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL CARETOGETHER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE MAXIMUM AMOUNT OF DIRECT DAMAGES ATTRIBUTABLE TO CARETOGETHER RELATING TO THIS WEBSITE SHALL BE FIFTY U.S. DOLLARS ($50.00). THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CARETOGETHER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to defend, indemnify and hold harmless CareTogether and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right or any law, including without limitation any copyright, property, or privacy right; or (iv) any claim that content you submit via the Service violates any third party right or any law. This defense and indemnification obligation will survive these Terms and Conditions of Use and your use of the Service.

Assignment

These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CareTogether without restriction.

Ability to Accept Terms and Conditions of Use

You affirm that you have reached the age of majority in your jurisdiction or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.

General

These Terms and Conditions of Use shall be governed by the internal substantive laws of the New York, without respect to its conflict of laws principles. Any claim or dispute between you and CareTogether that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York. These Terms and Conditions of Use, together with the Privacy Policy and any other legal notices published by CareTogether on the Service, shall constitute the entire agreement between you and CareTogether concerning the Service. If any provision of these Terms and Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and CareTogether’s failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision. YOU AND CARETOGETHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: December 15, 2019