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Kupuna Care Pair Website Terms of Use
Last Updated on September 27, 2021
Care Pairs, LLC d/b/a Kupuna Care Pair (“KCP” or “Kupuna Care Pair”) helps consumers research, select and place ones that they care for or are responsible for in licensed care facilities and services (collectively, “Service Providers”), and rate and review such Service Providers. The following Terms of Use outline your obligations when using the KCP websites, mobile applications, and services.
1. ACCEPTANCE OF TERMS
The Kupuna Care Pair website available at www.kupunacarepair.com (“Website”), the KCP mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and operated by KCP and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU, THE USER, AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY BE UNABLE TO ACCESS AND USE CERTAIN PARTS OF THE SITES AND SERVICES.
2. MODIFICATIONS OF TERMS OF USE
KCP may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide KCP notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services.
YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
3. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, KCP grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of KCP. KCP may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. KCP shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
4. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by KCP. You agree to follow KCP’s Acceptable Use Policy available at [Insert Weblink] which provides examples and guidelines of non-acceptable or prohibited uses of the Website.
5. KCP’S SERVICE AGREEMENTS AND POLICIES
When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use.
6. REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide KCP with true, accurate, current and complete information as prompted by the KCP’s registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
7. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
(a) you grant to KCP a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
(b) you grant to KCP all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
(c) you grant to KCP all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
(d) your name and report information may be made available to the public and to the Service Providers on which you report;
(e) you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, KCP, and others as described and otherwise contemplated in these Terms of Use;
(f) you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
(g) you are solely responsible for your reviews and ratings;
(h) KCP may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
(i) you will not submit any reviews that may be considered by KCP to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
(j) all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
(k) all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
(l) you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
(m) you have not received any form of compensation to post reviews and ratings;
(n) you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
(o) you will not submit reviews that comment on other users or the reviews of other users;
(p) you will not submit reviews with hyperlinks; or
(q) the reviews and ratings that you provide do not reflect the views of KCP, its officers, managers, owners, employees, agents, designees or other users.
Users are encouraged to report any Content that is false, misleading, or incorrect about Service Providers or the Company by submitting an email describing the false, misleading, or incorrect Content to: report@kupunacarerepair.com
8. PUBLICATION AND DISTRIBUTION OF CONTENT
KCP does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that KCP simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that KCP does not control and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that KCP has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other KCP member or any Service Provider. However, KCP reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will KCP be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against KCP relating to Content or Service Provider Content, and release KCP from any and all liability for or relating to any Content or Service Provider Content.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by submitting a written report to report@kupunacarepair.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that KCP may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that KCP has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that KCP has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. SERVICE PROVIDERS
KCP does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, licensed care facilities and services). You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider (which includes, but is not limited to, licensed care facilities and services), KCP is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve KCP. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, licensed care facilities and services). KCP has the ability to monitor communications between users for purposes such as, but not limited to user conduct, customer service, or analysis for operational improvements and upgrades, but does not automatically monitor all and every communications between users. Therefore, you are responsible for your communications between Service Providers.
Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. KCP does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not KCP’s policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that KCP will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. KCP does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.
You agree that KCP is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for your interactions and dealings with them, waive the right to bring or assert any claim against KCP relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release KCP from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that KCP shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the KCP Sites and Services.
10. HEALTH RELATED INFORMATION
The Sites and Services and its Content are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, treatment, or actual care. You should always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition or particular set of treatment or care. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, and Sites and Services.
If you think you may have a medical emergency, call your doctor or 911 immediately. KCP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Sites and Services. KCP is not a health care expert or wellness provider or a licensed care facility or service provider and cannot directly or specifically recommend or refer you to any health, care, or care provider. Reliance on any information provided by KCP, its employees and others appearing on the Sites and Services at the invitation of KCP, or other visitors to the Sites and Services is solely at your own risk.
You should be aware that if you post any health-related information about yourself or anyone else, such as someone you are responsible for, on the Sites and Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information to such health care providers. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the care facilities and services about whom you submit Content may submit Content that contain the person you are responsible for or your private or confidential health information in response to Content you submit. KCP is not liable for any such Content. KCP cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.
11. TERMINATION
KCP may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that KCP reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that KCP may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to KCP.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12. TRADEMARKS AND COPYRIGHTS
KCP, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of KCP in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of KCP and/or its licensors and are protected by all United States and international copyright laws.
13. NOTICES
You agree that KCP may communicate any notices to You under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to KCP will be provided by sending a letter, first class certified mail, to Care Pairs, LLC d/b/a Kupuna Care Pair, 2383 Beckwith St. Honolulu, Hawaii 96822, Attn: Legal. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), KCP will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Care Pairs, LLC d/b/a Kupuna Care Pair
2383 Beckwith St.
Honolulu, Hawaii 96822
Attn: Designated Agent
Email: report@kupunacarerepair.com
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
KCP will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
14. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. KCP is not responsible for any delays, failures or other damage resulting from such problems.
15. WARRANTIES AND DISCLAIMERS
You acknowledge that KCP has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release KCP from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. KCP makes no representations concerning any content contained in or accessed through the Sites and Services, and KCP will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. KCP makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER KCP NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF KCP, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL KCP OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL KCP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KCP OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, KCP DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KCP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
KCP SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KCP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
KCP has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release KCP from all liability for you having acquired or not acquired Content through the Sites and Services. KCP makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and KCP will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because KCP has no control over such sites and resources, you acknowledge and agree that KCP is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that KCP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. INDEMNITY
You agree to indemnify, defend and hold harmless KCP, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to KCP or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. KCP will have sole control of the defense of any such damage or claim.
17. LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KCP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF KCP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY KCP OR THE FAILURE OF KCP TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
18. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on KCP has significant value to KCP and that the damage caused to KCP for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of KCP’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay KCP One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by KCP, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
19. ENTIRE AGREEMENT
These Terms of Use, including exhibits, (if any), policies, such as the Privacy Policy, constitutes the entire agreement between the You, the user and KCP hereto with respect to the subject matter hereof. There are no other representations, warranties, promises, agreements or understandings, oral, written or implied, among the parties, except to the extent reference is made thereto in these Terms of Use. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the terms of these Terms of Use. No representations, understandings, or agreements have been made or relied upon in the making of these Terms of Use other than those specifically set forth herein.
20. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and KCP, including without limitation any dispute or claim related to or arising out of these Terms of Use and its related policies ("Dispute"), you and KCP may attempt to negotiate any dispute informally (the "Informal Negotiations") before initiating any formal mediation, arbitration, or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address that you have provided to KCP. KCP's address for such notices is Care Pairs, LLC d/b/a Kupuna Care Pair, Attn: Legal, 2383 Beckwith St. Honolulu, Hawaii 96822.
Any and all claims, controversies or disputes arising out of or relating to this Terms of Use and related policies, or the breach thereof, which remain unresolved after direct Informal Negotiations between you and KCP, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., a Hawaii corporation, then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, you and KCP agree to submit any such issues to binding arbitration before one (1) arbitrator in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. You and KCP further agree that the award of the arbitrator, which may be limited to the damages and remedies described in these Terms of Use, shall be binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.
All Informational Negotiations, Mediation, and/or Arbitration shall be conducted in Honolulu, Hawaii, USA.
21. GOVERNING LAW
This Agreement is and shall be deemed to be a contract entered and made pursuant to the laws of the State of Hawaii and shall in all respects be governed, construed, applied and enforced in accordance with the laws of the State of Hawaii.
23. MISCELLANEOUS
If you breach any term of these Terms of Use or other agreement with KCP, KCP may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. KCP’s remedies are cumulative and not exclusive. Failure of KCP to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by you except with KCP’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of this Sites and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and KCP as a result of these Terms of Use or use of the Sites and Services.
You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
Acceptable Use Policy
Last Updated on September 27, 2021
Our Sites and Services are provided to assist in finding and selecting a care home or facility for loved ones. We ask all users to of our Sites and Services to be respectful and mindful of their use, whether it be submitting a review or communicating with others. Therefore, this Acceptable Use Policy outlines prohibited uses when using our Sites and Services.
By way of example, and not as a limitation, you agree not to:
i. violate the Terms of Use, other applicable agreement with KPC, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
ii. use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
iii. use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
iv. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of KPC, which consent may be withheld by KPC in our sole discretion;
v. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
vi. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with KPC, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
vii. knowingly provide or submit false or misleading information;
viii. use the Sites and Services if you are under the age of eighteen (18);
ix. take any action that would undermine the review and rating process under the Sites and Services;
x. attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
xi. use the Sites and Services in any way that could interfere with the rights of KPC or the rights of other users of the Sites and Services;
xii. attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by KPC by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
xiii. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
xiv. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
xv. access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
xvi. probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of KPC, including any KPC account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by KPC and provided for by the Sites and Services.
If you have any questions about this policy, please refer back to the Terms of Use. If you still have any questions or issues, then please email privacy@kupunacarerepair.com.
Privacy Policy
Last updated on September 27, 2021
This privacy policy (the “Privacy Policy”) explains the collection, use, and disclosure practices of the websites, mobile applications, and other online and offline products and services, including our placement referral services (collectively, the “Services”) owned and operated by Kupuna Care Pair ("KCP," "we," "us," or "our").
For clarity, this Privacy Policy describes how we collect and use information when you access and use our Sites and Services. Please understand that we need your information to be able to provide you the Services.
Please be advised that the practices described in this Privacy Policy also apply to information that you submit to us offline and to Personal Information (as described below) that we may collect from third parties.
CONSENT
Privacy Policy. By using our Sites and Services or submitting information to us, you acknowledge and understand the terms of our Privacy Policy. Please refer back to the Terms of Use.
Automatic Telephone Dialing System. By providing us with your telephone number, including on our Sites or over the telephone, you agree to be contacted by KCP and care home and care facility providers, and/or other related service providers that have contracted with us to be part of our referral placement and information services program in relation to the Services that we provide you (together, the "Participating Communities") to explore options relating to Services.
You agree to be contacted by telephone call or text message at the telephone number you provided using automatic telephone dialing systems, even if you previously registered on a Do Not Call registry, and consent is not a condition of any purchase.
COLLECTION & USE OF YOUR PERSONAL INFORMATION
As used in this Privacy Policy, "Personal Information" means any information that identifies, relates to, describes, is reasonably capable of being associated with, reasonably can be linked, directly or indirectly, with an individual or household, or as otherwise defined under applicable law.
We collect Personal Information from four primary sources: directly from our users or customers, automatically from the use of our Services, from affiliated and unaffiliated third parties, and by using information we collect to derive new Personal Information. The types of Personal Information we collect about you depend on your interactions with us and are described in more detail below.
Information We Collect Directly from You. We collect information directly from you in a variety of ways. Any information you provide to us is voluntary, but please note that some information may be necessary for us to provide you with our Services. You may also provide Personal Information about another person for whom you may be seeking care home and/or care facility housing and/or care related services ("Intended Resident" or “Resident”). Your Personal Information assists in the referral and placement of the Intended Resident or Resident.
The categories of Personal Information we collect directly from you include:
· Identifiers, such as your first name, last name, phone number, email address, and mailing address;
· Categories of personal information, such as physical characteristics or description, address, telephone number and medical or health insurance information;
· Characteristics of protected classifications under state or federal law, such as age, sex/gender, marital status, medical condition and disability information;
· Information you provide on our Sites to request Services for yourself or another person, for example your username, password, location, zip/postal code, mailing address, fax number, and email address;
· Financial information, including the intended resident's budget for senior housing options and whether the intended resident receives Medicare or Medicaid;
· Commercial information, including records of your move-in status with referred Participating Communities;
· Feedback you provide to us about our Services, including in response to surveys or through our customer service centers; and
· For an intended resident, his or her gender; household income; budget; senior care needs, including health information and medical conditions; and veteran status, as well as other information you may choose to voluntarily provide, such as marital status, religion, or ethnicity.
Information Automatically Collected from Your Use of the Sites. We may automatically collect information about you from your use of our Services, including by using website analytics tools or other technologies, like cookies and web beacons (which are described in more detail below). The categories and types of information we collect automatically from your use of the Services include:
(a) Identifiers, such as your IP address and unique device identifiers;
(b) Internet or other electronic network activity information, such as the type of browser you use, app version, access dates and times, pages viewed, and the page you visited before navigating to our Sites;
(c) Geolocation data, such as the country from which you access our Sites;
(d) Other information that relates to or is capable of being associated with you, such as information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, and mobile network information.
Cookies. Cookies are small text files that are stored on your computer when you visit certain online pages that record your preferences. We use cookies to track use of our Sites and other Services. We may also use cookies to monitor traffic, improve the Sites, make the Sites easier and/or relevant for your use, and improve the performance of our advertising on other websites. You can opt out of accepting cookies by adjusting your browser settings to not accept cookies or to notify you when you are sent a cookie. However, certain features of our Sites or other Services may not work if you delete or disable cookies.
Web Beacons. Some pages of our Sites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
INFORMATION WE COLLECT FROM OTHER SOURCES
We may collect information about you from other sources. For example, we may collect information:
(a) From an Intended Resident (if you are not the Resident) or a person who contacts us seeking Services for a Resident;
(b) From Participating Communities;
a. Third-party social media services, such as Facebook, Twitter, and Instagram, that you use to interact with our Services (e.g., to provide feedback on our Services) or that allow you to share information (e.g., via plugins, widgets or other tools); and
b. Unaffiliated parties, such as our service providers, analytics companies, advertising networks, affiliates, and other third parties that provide us with information, so we can better understand you and provide you with information that may be of interest to you.
INFORMATION WE INFER
We may derive information or draw inferences about you based on the other information we collect about you. For example, we may infer your location from our collection of your IP address.
USE OF YOUR INFORMATION
For each category of Personal Information we collect about you (whether directly or automatically), we use such category of Personal Information for the business and commercial purposes set forth below:
· To provide you the Services and otherwise complete the transactions and/or referrals you request, perform our contractual obligations, and as otherwise anticipated within the context of our ongoing business relationship;
· Create and manage your online accounts;
· Communicate with you, including by telephone, text, email, and chat, regarding your use of the Services;
· Respond to your requests and any other communications from you, including to provide customer service;
· Send advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by us and provide news and information that we believe may be of interest to you;
· Offer and administer surveys, contests, prize draws, sweepstakes, and other promotions;
· Conduct internal research and development;
· Analyze your engagement with KCP and Participating Communities and your use of our Services to better understand your interests and behaviors and customize your experience;
· Detect security incidents and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, and to protect against harm to the rights, property, or safety of KCP and our users, customers, employees, or the public;
· Debug, identify, and repair errors that impair the functionality of our Services;
· Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with our business;
· Comply with our legal obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law or any regulatory requirements or provisions; and
· With our legal, financial, insurance, and other advisors in connection with the kinds of transactions described above or in connection with the management of all or part of KCP's business or operations.
DISCLOSURE OF PERSONAL INFORMATION
We will share your Personal Information as follows:
· To Participating Communities. We may share Personal Information with Participating Communities to provide you with the Services you've requested. The Participating Communities may contact you directly, including by email, telephone, regular mail, or in-person visits.
· To People Acting On Your Behalf. We may share Personal Information with the person who referred you as an intended resident or to another person acting on your behalf.
· To Our Service Providers. We may share Personal Information with one or more service providers with which we have contracted to provide services to us or to offer the Services you have requested from us.
· To Affiliated Companies. We may share your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under common control with us.
· For Our Internal Analyses and Operations. We may share Personal Information with third party vendors for our own internal statistical, design, or operational purposes, such as estimating our audience size, measuring aggregate traffic patterns, and understanding demographic trends among our users. The use and disclosure of your Personal Information by these other parties is restricted to performance of such tasks and is subject to confidentiality.
· For Legal and Other Compliance. We may share Personal Information when we believe it is appropriate for legal purposes, including to: (a) comply with the law; (b) enforce or apply this Privacy Policy or our other policies or agreements; (c) protect our or our users' rights, property, or safety; (d) protect our users from fraudulent, abusive, or unlawful use of our Site; or (e) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
· As Part of Business Transfers. We may share Personal Information as part of any merger, acquisition, debt financing, sale of company assets, or other business transaction.
· As Aggregated, Anonymized Information. We may share aggregated, anonymous, or de-identified information to our advertisers, business partners, and other third parties that cannot reasonably be used by those third parties to identify you.
· At your request. We may otherwise share Personal Information with your consent or at your direction.
LINKS TO THIRD PARTIES
We may provide links to third party websites from our Sites as a service to our users, but we have no ability to control nor are we responsible for the privacy and data collection, use, and disclosure practices of third-party websites. When you click on links that take you to external websites, you will be subject to their privacy policies and practices and not ours. We encourage you to review and understand the privacy policies of such websites before providing them with any information.
SECURITY AND MONITORING OF COMMMUNICATIONS
We use reasonable security measures to store and protect your Personal Information while it is under our control. We do periodically monitor communications to ensure security, stability, and ensure user compliance with our Acceptable User Policy for our Sites and Services. However, we do not monitor every and all communications. Please note that no transmission of data over the Internet is 100% secure
THIRD PARTY ANALYTICS
To learn more about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit https://www.aboutads.info/choices. Your device may also include a feature ("Limit Ad Tracking" on iOS or "Opt Out of Interest-Based Ads" or "Opt Out of Ads Personalization" on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.
RECORDED TELEPHONE COMMUNICATIONS
Telephone communications between You and KCP may be recorded or monitored for quality control purposes. By providing information to us, you expressly consent to the recording of these telephone communications.
CHILDREN
Our Services are designed for adults, not children under the
age of 16. As such, we do not intend to collect Personal Information from
children under the age of 16, and our Services are not designed for such
information.
DO NOT SELL MY PERSONAL INFORMATION POLICY
How We Use Personal Information
Care Pairs, LLC d/b/a Kupuna Care Pair takes your privacy and the protection of your personal information very seriously. In general, you can visit www.kupunacarepair.com without KCP associating information from such visits with you. Information you provide to us is voluntary, but please note that some personal information may be necessary for us to provide you with certain information and referral placement services, offers and content on our Website.
You may provide personal information such as your name, email address, phone number and zip code in order for us to provide you with information and referral services in connection with our Website. You may also provide Personal Information about another person for whom you may be seeking care services, and to affirm that you have permission to provide and/or access Personal Information for that person.
We use this Personal Information to provide you with the services you have requested from us. We provide our [t1] [RKH2] services to families by connecting them with licensed care facilities in their areas either free or for select services at a low-cost or minimal fee, and we are able to provide our services in these ways as a result of fees we receive from these licensed care facilities upon people’s agreements or arrangements for care with these facilities.
WE CANNOT PROVIDE THESE FREE OR MINIMAL FEE REFERRAL AND PLACEMENT SERVICES IF WE CANNOT SHARE PERSONAL INFORMATION WITH THESE CARE FACILITIES. INFORMATION THAT YOU VOLUNTARY SHARE WITH US SO WE CAN ASSIST YOU IN YOUR SEARCH.
You can review our Privacy Policy or contact us with questions at privacy@kupunacarerepair.com.
If you still want to opt-out of us using your personal information, then please send us with the following information: (1) Your Full Name; (2) the Email Address used with the Site; and (3) the Phone Number Used with the Site. Please title the email: “DO NOT SELL MY INFORMATION/OPT-OUT” and send the information to privacy@kupunacarerepair.com. By submitting an opt-out email you are requesting to opt-out of Kupuna Care Pair using your Personal Information and understand that by opting-out, we may not be able to provide you referral and placement services.