Terms and Conditions

Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of this Website’s Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a child.

TERMS OF USE

By purchasing any of our Programs, Products, and Services (“Materials”) from The Ultimate Caregiving Expert, LLC (“Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company, its affiliated subsidiaries and related entities. The term “you” refers to any purchaser and user of our Programs, Products, and Services.

By using any of our Programs, Products, and Services, you agree to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If you do not agree with these Terms of Use at any time, please do not use our Programs, Products, and Services.

CHANGES TO TERMS OF USE

We reserve the right to amend or update these Terms of Use at any time with or without notice to you. We may also add new features or functionality to, or change or remove existing features or functionality from, the Service that will be subject to the Terms of Use. Any User who continues to use the Service after any changes are made will be deemed to have agreed to those changes. Accepting these Terms of Use lets, you acknowledge that you have read them carefully.

ARBITRATION NOTICE

These Terms of Use require that the dispute between you and Company will be resolved by binding, individual arbitration on an individual basis, rather than a jury trial, and limit the remedies available to you in the event of a dispute. You understand that you waive your right to participate in a class-action lawsuit or class-wide arbitration and that you are waiving certain other legal rights and you voluntarily agree to do so.

USE AND CONSENT

By purchasing or using any of our Programs, Products, and Services, you acknowledge and agree to abide by these Terms of Use, our Disclaimer, Terms and Conditions, Privacy Policy, and any other terms and conditions that may apply. Accessing, purchasing, viewing, or using our Programs, Products, or Services constitutes the use of the Product, Program, or Service.

All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to any Programs, Classes, Products, and Services Program Materials by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using our Programs Products, Services, or our Program Materials, you represent and warrant that you are at least 18 years old.

You are responsible for making all arrangements necessary for you to have access to our Programs, Products, and Services and ensuring that all persons who access such through your internet connection are aware of these Terms of Use and are at least 18 years old.

Intellectual Property Rights

Our Programs, Products, Services, and Program Materials derived from, are the property of the Company and our affiliates or licensors, and are protected by US Patent and Trademark laws, copyright laws, and other intellectual property laws. Accordingly, when you use a program, product, or Service, you agree that you are clearly and expressly prohibited from copying, sharing, or otherwise using the Program Materials in whole or in part.

As a Licensee of our Programs, Products, and Services, you understand and acknowledge that all materials have been created, curated, and developed by Company using significant time, effort, expenses, and investment and that, as such, all material is a valuable and unique asset belonging to Company and shall not be used in an improper or unauthorized manner. Accordingly, you will not use our Programs, Products, Services, or Program Materials in a way that constitutes an infringement of our rights or in a way that we have not authorized through our prior written consent.

By enrolling in, purchasing, or engaging in our Programs, Products, and Services, you specifically acknowledge and agree that you are expressly prohibited from the following:

• You shall not engage in improper and unauthorized use of our Programs, Products, or Services, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any additional information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
• You shall not participate in the following:
  • Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Programs, Products, or Services.
  • You are representing yourself out to be the creator of our Programs, Products, or Services in whole or in part.
  • Engage in any activity using our Programs, Products, and Services for your personal use, business/commercial use, or any way that earns you money.

You understand and agree that engaging in the prohibited use or the improper and unauthorized use of our Programs, Products, Services, or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and unauthorized use may give rise to a civil claim for damages and be a criminal offense.

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced on this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use, including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent or permission granted herein.

For those trademarks, taglines, and logos you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and Programs, Products or Services titles, or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license are reserved by us.

WORK PRODUCT

We agree that you hold all intellectual property rights in any work products you produce as a result of participating in our Programs, Products and Services including but not limited to copyright and trademark rights. We agree not to hold any claims towards any work product derived from your participation in any Products, Programs, and Services.

OUR LIMITED LICENSE TO YOU

Our Programs, Products, and Services are protected by copyright, trademark, and other intellectual property laws, and the content in such is solely owned by or licensed to us unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, and graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than by the copyright notice, which forms part of these Terms of Use.

By purchasing, downloading, or accessing our Programs, Products, Services, and Program Materials, you are granted a limited license and, as such, are considered a Licensee. As a Licensee, you are given the expressed permission to download, print, and participate in any of our Programs, Products, or Services for your personal use and are expressly prohibited from sharing the Programs,  Products, Services, or materials with friends, family, colleagues, etc.

YOUR LICENSE TO US

By posting or submitting any material on or through our Programs, Products, Services, or Program Materials, such as comments, posts, photos, images or videos, or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

By submitting or posting any comments, photographs, images, videos, audio recordings, or any other submissions for use on or through our Website, you are. Granting to us, and anyone authorized by us, consent to make it part of our current or future Website, Programs, Products, Services, and Program Materials. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. However, you may ask us to delete this information at any time. The voluntary submission of such information grants to us, and anyone authorized by us, consent to identify you as the author of any such comments, photographs, posts, images, video or audio recordings by name, email address, avatar, or user/screen name.

You also grant to use, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and publicly display such comments, photographs, images, videos, audio recordings or any other submissions in whole or in part, in any manner or medium.

COMPANY HYPERLINK

You may use a hyperlink to our website or content so long as the link does not state, imply, or otherwise suggest any sponsorship, endorsement by, or ownership of our Website or content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. Furthermore, you may not frame or inline link our Content without our written permission.

LINKS TO OTHER WEBSITES

From time to time, we may provide links to other websites maintained by third parties. These links are provided for your convenience and the inclusion or suggestion to use these links does not imply our endorsement, sponsorship, or approval of that website by the Company. The company does not endorse, sponsor nor are we responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products, and Services. We have no control over the contents or functionality of those websites, and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them; therefore, we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. You are responsible for reviewing the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

MEDIA RELEASE

Participation in, viewing, and using our Programs, Products, Services, and Program Materials, including our Facebook community, implies consent to view your photographs, audio recordings, video recording, and images with others in the Facebook community and you acknowledge that these photographs, audio recordings, video recording, and images may be used in connection with marketing materials, promotional efforts or current or future Programs, Products or Services, without compensation to you at any time, now or at any time in the future.

REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Programs, Products, Services, or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to theultimatecaregiver@yahoo.com.

The email should clearly state the following:

• Your intent to use our Programs, Products, or Services, in whole or in part, and the specific name of the Programs, Products, Services, or Program Material you wish to use;
• The particular manner in which you want to use the Programs, Products, Services, or Program Materials

Should you be granted permission by Company to use the requested Programs, Products, Services, or Program Materials, you agree to use the Content only in the manner in which Company gives specific written permission to do so.

Suppose you use the Content in ways that are not specifically granted to you by Company’s expressed written permission. In that case, you agree that Company shall have all remedies available to us under the law as if you had copied, duplicated, and stolen such Content in direction violation of Intellectual Property and ownership rights as well as a direct violation of these Terms of Use.

CONFIDENTIAL INFORMATION

To use our Programs, Products, and Services, we may seek Confidential Information, or you may offer or provide a comment, photograph, image, video, audio recording, e-mail address, phone number, street address, billing information, birthday, preferences, interest, assignments or any other personally-identifying information (“Confidential Information”) by submission to us. By providing such Confidential Information, you expressly grant the Company permission to use and store such information. In turn, we will use our best efforts to maintain your confidential information in a safe, secure, and confidential manner by these Terms of Use and our Privacy Policy. If you believe that any of your Confidential Information is incorrect or incomplete, please get in touch with the Company as soon as possible so that we may correct any incorrect information.

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows:

1. Under the terms in this Terms of Use and Privacy Policy and our Disclaimer;
2. If we are required to do so by law;
3. In the good-faith belief that such action is necessary to conform to the law;
4. To comply with any legal process served on either us or our partners, sponsors, investors, or affiliates;
5. To protect and defend our rights or property or those of our users or purchasers and;
6. To act as immediately necessary to protect the personal safety of our users, purchasers, or the public.

We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law.

WHAT DOES THE COMPANY DOES WITH CONFIDENTIAL INFORMATION

Company requests and requires various personal data and Confidential Information through registration of, purchase of, use, and viewing of our Programs, Classes, Products, Services, and Program Materials as well as directly requested information from our consumers.

The company acknowledges that we may use such data and Confidential Information for the following:

1. Internal billing and record-keeping (such as tracking of income, users, followers, social media or otherwise, etc.);
2. To improve, promote and customize our current and future Programs, Classes, Products, Services, and Program Materials or special offers and promotions;
3. Data for research purposes;
4. All data and Confidential Information are stored in a data management system that can only be accessed by the Company or its representatives, staff, affiliates, or those who would help manage such information under the direction and control of the Company.

Suppose, at any point, you wish not to receive any promotional materials associated with our Programs, Products, Services, or Program Materials. In that case, you may send an email to The Ultimate Caregiving Expert to unsubscribe and be removed from our email list.

VIEWING CONFIDENTIAL INFORMATION BY OTHERS

By agreeing to these Terms of Use, you understand and acknowledge that whenever you make your Confidential Information, data, or any such other information available for viewing by others, such Confidential Information, data or any such additional information may also be seen, heard, collected and used by others and therefore Company does not assume responsibility for any unauthorized use by others that you voluntarily share online or in any other manner.

HOW WE USE COOKIES

The company uses “cookies” as the standard feature of major web browsers. The company does not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. Should you choose to disable cookies through your web browser settings, you may disable certain features in our Products, Programs, Services, and Program Materials.

FACEBOOK GROUPS

Specific Programs, Products, and Services offered by Company come with a private Facebook Group. These Terms apply to the Facebook Group. Furthermore, you understand that Facebook is a public platform, and therefore, we cannot guarantee your privacy for things that you voluntarily share in the group as other members will also see what is posted.

PRIVACY

Please review our full Privacy Policy for how we use and handle all of your information as well as your rights to such information.

PASSWORDS

To use specific Programs, Products, Services, or certain features, you may be issued or asked to create a username and password of your choosing. You are responsible for maintaining the confidentiality of the username and password and are responsible for all activities that occur while using your username, password, or account, and to protect your own password from disclosure to others. The company does not permit you to share your username and password and we reserve the right to immediately terminate your access to the Programs, Products, Services, Program Materials, Website, private forum, Facebook group, or any other related communications. The company is not liable for any loss or damage arising from your failure to protect your password or account information. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify Company immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products, and Services, you agree to enter true and accurate information as part of the registration, purchase process, and otherwise. We have the right to immediately deactivate your account if you enter a false email address. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is needed, mainly when disclosure is required to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

SECURITY

By applying for, enrolling in, purchasing, accessing, or using our Programs, Classes, Products, Services, or Program Materials, Company may request and collect personal data, including but not limited to your name, email address, telephone number, billing information, address, credit card/debit card/bank account information, demographic information, preferences, interests or other personally identifying information (“Confidential Information”). Providing such Confidential Information grants us permission to use and store such Confidential Information by our Privacy Policy and Terms and Conditions.

The company has security measures to prevent the loss, misuse, and alteration of any information obtained from you. However, Company makes no assurances about our ability to prevent such loss or misuse to you or any third party arising out of any such loss, misuse, or alternation. The company will use our best efforts to keep your Confidential Information safe, secure, and confidential. However, due to the nature of the internet, Company cannot completely ensure nor warrant the security of your Confidential Information or any other data or information transmitted to us. Therefore, submitting Confidential Information is done at your own risk.

ASSUMPTION OF RISK & DISCLAIMER

As a Licensee, you agree that use our Programs and Products. Services and Program Materials are done at your own risk and acknowledge that these Programs, Products, Services, and Program Materials are for informational and educational purposes only. You assume all risks. The company makes no guarantees related to income, success, increased revenue or projected sales, increase in the number of customers, the win of employment, enrollment into any future caregiving programs, social media engagement, social media following, in any way related to the use of these Products, Programs, Services, and Program Materials. in any way related to the use of these Products, Programs, Services, and Program Materials. Our Products, Programs, Services, and Program Materials merely provide you with education and tools to help you make your own decisions. You are solely responsible for your actions, findings, and results based on the use, misuse, or non-use of our Products, Programs, Services, and Program Materials.

We take every precaution to protect our Products, Programs, Services, and Program Materials, however, we cannot ultimately ensure or warrant the security of our Products, Programs, Services, and Program Materials. The company makes no assurances about the ability to prevent any loss or damage to you or any other person, company, or entity arising out of the use of our Products, Programs, Services, and Program Materials and you agree and acknowledge to assume the risk in using our Products, Programs, Services, and Program Materials. You think and accept the chance of not achieving any results (or less than desirable results) from participating in the Company’s Products, Programs, Services, or Program Materials.

Company expressly excludes any liability for direct, indirect, or consequential loss or damage incurred by you or others by using or in connection to our Products, Programs, Services, and Program Materials to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however, and whether caused by negligence, breach of contract or otherwise, even if foreseeable.

You expressly acknowledge and agree that Company is not liable for any defamatory, offensive, or illegal conduct of any other Products, Programs, Services, or Program Materials participant or user, including you.

WAIVER AND RELEASE OF LIABILITY

I acknowledge that the Activities, Programs, and certain Services require physical exertion and that I am physically and mentally fit to participate in such activities. I further acknowledge that the Activities may be potentially hazardous and cause injury. I further agree that I am solely responsible for my emotional well-being during and after each class or event. Suppose I am under the care of a medical doctor and mental health professional. In that case, I represent and warrant that I have made members of my care team aware of my intended participation in the Activities, and they have approved of the same. I further represent and warrant that I will adhere to my prescribed medication plan if any. I understand and acknowledge that I must consult with a physical or another healthcare provider before participating in such activities.

I represent and warrant that I am physically well and am suffering from no medical problems, conditions, impairments, diseases, or any other illness that would prevent my participation or increase my risk of injury and disease as a result of partaking in the Activities offered by The Ultimate Caregiving Expert, LLC.

This website is a compilation of general care and first aid information obtained from sources believed to be reliable. I cannot guarantee the medical validity of the information or the results obtained from using said information. Nor do I represent that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedures. All materials on this website came from experience in working in the field and on the Internet. I assume no liability for the information provided in this guide. Use of this guide releases me from any loss or other liability incurred by the user.

MEDICAL DISCLAIMER

The company’s Products, Programs, Services, and Program Materials are not, and in no way should be perceived as or relied upon in any way as medical or mental health advice. The information contained in our Products, Programs, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis, or treatment that your physician can provide, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Products, Programs, Services, and Program Materials or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider, or other health care professional. If you have or suspect a medical or mental health issue, contact your healthcare provider promptly.  We are not providing health care, medical or nutrition therapy services, or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment or any mental or emotional issue, disease, or condition. We are not giving medical, psychological, or religious advice whatsoever.

LEGAL AND FINANCIAL DISCLAIMER

The company’s Products, Programs, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Products, Programs, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, CPA, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are at this moment advised consulting with your accountant, lawyer, or financial advisor for any questions and concerns regarding your income and taxes about your specific financial and legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Products, Programs, Services, and Program Materials. You are solely responsible for your results.

EARNINGS DISCLAIMER

As a Licensee, you accept and understand that each individual receives results that differ from Licensee to Licensee and that Company expressly disclaims all responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results. The company does have not and does not make any representations as to health physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of your participation in any of our Products, Programs, Services, and Program Materials. The company does not make any guarantees in terms of particular effects, positive, negative, financial, or otherwise, through the use of our Products, Programs, Services, or Program Materials.

WARRANTIES DISCLAIMER

The company makes no warranties regarding our Products, Programs, Services, and Program Materials. You expressly agree and acknowledge that our Products, Programs, Services, and Program Materials are provided “as is” and without warranties expressed or implied. Under all applicable law, Company disclaims all warranties, express or implied, to the fullest extent of the law, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, we do not warrant that our Products, Programs, Services, and Program Materials will be correct, uninterrupted, function, appropriate or error-free, that defects will be corrected, or that any part of the website, content, link, materials or otherwise will be free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of our Products, Programs, Services, and Program Materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

TECHNOLOGY DISCLAIMER

The company makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, and error-free of our Products, Programs, Services, and Program Materials through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. Every effort has been made to present the most accurate, up-to-date information on our Products, Programs, Services, and Program Materials. However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. Therefore, you acknowledge that the content and such information may contain inaccuracies or errors, and the Company is not liable for any such inaccuracies or errors to the fullest extent permitted by the law.

The company cannot guarantee access to our Products, Programs, Services, and Program Materials. You acknowledge that access might be suspected or restricted from time to time, including to allow for repairs, maintenance, or updates. Of course, we will try to limit the frequency and duration of suspension or restriction. You acknowledge that, to the fullest extent permitted by law, Company is not liable for damages or refunds or any other recourse should our Products, Classes, Programs, Services, or Program Materials be unavailable, access might be slow or incomplete due to any reason, such as back-up system procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays in accessibility to our Products, Programs, Services, and Program Materials.

INDEMNIFICATION

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Products, Programs, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant outlined in these Terms of Use or any other agreement with us.

RESTRICTIONS

You are expressly and emphatically restricted from all of the following:

• publishing any Website material in any media;
• selling, sublicensing, and otherwise commercializing any Website material;
• publicly performing and showing any Website material;
• using this Website in any way that is, or maybe, damaging to this Website;
• using this Website in any way that impacts user() access to this Website;
• using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website or any person or business entity;
• engaging in any data mining, data harvesting, data extracting, or any other similar activity about this Website or while using this Website;
• using this Website to engage in any advertising or marketing;