TERMS OF USE

Concierge Care NY, LLC (“CCNY” or “we” or “us” or “our”) controls and operates the Internet website located at www.careconviergeny.com (the “Site”). Please read the following terms and conditions carefully. By using this Site, you agree to these terms and conditions. If you do not agree, you should not use this Site. Since the Internet is an evolving medium, we may need to change these Terms of Use or impose new conditions on the use of this Site, from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use. You should also read our Privacy Policy which may be accessed by clicking on the following link. Privacy Policy

Copyright and Trademarks

This Site contains material which is the property of CCNY, and which is protected by United States and international copyright, trademark and other intellectual property laws. “Concierge Care NY”, and “CCNY” are trademarks of CCNY. All content posted on this Site is the sole and exclusive property of CCNY, or a principal of CCNY. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing license rights.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CCNY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CCNY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS

REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. CCNY SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE THAT MAY ACCOMPANY OR RESULT FROM YOUR USE OF OR ACCESS TO THIS SITE.

Limitation of Liability

Under no circumstances shall CCNY be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site, or the content, services, or hyperlinks made available on the Site even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that CCNY is not liable for the conduct of any Site user. If you are dissatisfied with the Site, or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless CCNY, its members, principals and agents from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of the intellectual property rights of CCNY or any third party content provider of the Site.

License to Submitted Content

By posting messages, uploading files, or otherwise providing any material to us for display on the Site, you are granting CCNY a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Linking Policy

CCNY may enter into agreements with certain third party website owners which allow us to place on such third party’s site (“Third Party Site”), and allows the third party to place on our Site, a hyperlink (a “Link”) or a banner advertisement (“Banner Ad”) containing a Link which allows our respective users to connect to the home page of Third Party Site, or this Site. Please note that CCNY is not affiliated in any way with these third parties or the Third Party Sites, and that if you click on a Link or Banner Ad containing a Link to a Third Party Site, once you have left this Site, CCNY has no further control over the content and materials that you will be viewing on the Third Party Site. We are not responsible for the content, accuracy, or opinions expressed on any Third Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third Party Site that is placed on our Site does not imply approval or endorsement of the Third Party Site. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the CCNY Privacy Policy stated on this Site is no longer in effect. CCNY may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit these Terms of Use to review the current Linking Policy to which you are bound.

Termination

CCNY may cancel, suspend or terminate your right to use the Site or a portion thereof at any time without notice. In the event of suspension or termination, you are no longer authorized to access the part of the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Entire Agreement

These Terms of Use constitute the entire agreement between CCNY and you with respect to your use of the Site, and all information (including Confidential Information) obtained by you from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.