User Agreement

Caregiver Way’s User Agreement consists of both it’s Terms & Conditions and Privacy Policy.

Terms & Conditions

This user agreement is between Caregiver Way, L.L.C., an Indiana limited-liability company (“Caregiver Way” ), and You, a user of Caregiver Way’s website , (“You”)

This agreement contains the complete agreement that govern the use of the Caregiver Way’s website(s) (“Site”). By accessing, visiting, browsing, using, or attempting to interact with or use any part of the Site, or other Caregiver Way software, services, websites, or content (collectively, “Services”), You agree to this agreement’s terms.

If you do not agree to this agreement, do not access or use any part of this Site. Caregiver Way reserves the right, with or without notice, to make changes to this agreement. Your continued use of any part of this Site or the Services constitutes your acceptance of such changes.

You can review the most current version of this agreement, which supersedes all previous versions, by going to https://visitcaregiverway.com/user-agreement. You should periodically review this document to make yourself aware of any changes. Your continued use of the Site constitutes your acceptance of the most current version of this agreement at the time of Your use.

You therefore agree as follows:

1                Access to Site

(a)   Access to the Site is conditioned on You paying Caregiver Way in accordance with the current pricing provided by Caregiver Way. You shall pay Caregiver Way for each month of access in advance. Caregiver Way may terminate Your access for any time You have not paid for.

(b)   If Caregiver Way terminates Your access for any reason under this agreement, Caregiver Way has no obligation to refund any of Your payment.

(c)    To access this Site, Site resources, links, or other content, Caregiver Way may ask You to provide certain registration details or other information. You shall provide correct, current, and complete information. If Caregiver Way believes the information You provide is not correct, current, or complete, Caregiver Way has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.

2                Use of Site

(a)   You may use this Site only for purposes expressly permitted by this agreement. You shall not use the Site for any purpose that is unlawful, immoral, or otherwise prohibited by this agreement.

(b)   This Site is not intended for children under thirteen years old.

3                No Cobranding or Framing

You shall not use or authorize any party to Cobrand or Frame the Site without the prior written permission of Caregiver Way. “Cobranding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in a manner that is reasonably likely to give a user the impression that such the other party has the right to display, publish, or distribute this Site or content accessible within this Site. “Framing” refers to displaying any Caregiver Way web page within a bordered area of another website, regardless of whether the address of the originating Caregiver Way Site is visible. You shall cease any unauthorized Cobranding or Framing immediately upon notice from Caregiver Way.

4                No Unlawful Access

You shall not use the Site in any manner that could in any way disable, overburden, damage, or impair the Site or otherwise interfere with any other party’s use of the Site. You shall not obtain or attempt to obtain any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Site.

5                Personal and Noncommercial Use 

The Site is for your personal and noncommercial use, unless otherwise specified in writing. You may not use any Caregiver Way Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Caregiver Way in each instance, which permission will be at Caregiver Way’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose.   You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to Caregiver Way’s Websites, in whole or in part.

6                Proprietary Information

All content found on the Site (“Content”) is the copyrighted and trademarked intellectual property of Caregiver Way, or of the party that created or licensed the Content to Caregiver Way. No rights or title to any of the Content contained on the Site will be considered transferred or assigned to You. You shall not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Caregiver Way.

7                Submissions

You hereby grant to Caregiver Way a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by You (or on your behalf) to Caregiver Way through this Site (each, a “Submission”), and to incorporate any Submission in other works in any form, medium, or technology now known or later developed. Caregiver Way will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Caregiver Way operations or businesses.

8                Hyperlinking

This Site may be hyperlinked to and by other websites that are not maintained by, or related to, Caregiver Way. Hyperlinks to other sites are provided as a service to You and are not sponsored by, endorsed, or otherwise affiliated with this Site or Caregiver Way. Caregiver Way has not reviewed all linked sites and is not responsible for the content of any linking sites. You access any links made directly from the Site to another web page at Your own risk. Caregiver Way does not make any warranties about the content, completeness, quality, or accuracy of any other website, and You will not hold Caregiver Way liable in connection with any loss, damage, cost or injury associated with any access from this Site.

9                Use of Communication Services

(a)   The Site may contain forums, bulletin boards, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, virtual workshops, and other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You shall use the Communication Services only to post, send, and receive messages and Content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, You shall not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted that any one or more of the following describes:

(1)     You do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(2)     Advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;

(3)     Is vulgar, obscene, pornographic, incendiary, or indecent;

(4)     Threatens or abuses others;

(5)     Is libelous or defamatory towards others;

(6)     Is racist, abusive, harassing, threatening or offensive;

(7)     Seeks to exploit or harm children, or vulnerable adults, by exposing them to inappropriate content, or asking for personally identifiable details or information; 

(8)     Harvests or otherwise collects information about others, including email addresses, financial information or other personally identifying information, without their prior express consent in each instance;

(9)     Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(10)  Falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);

(11)  Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;

(12)  Solicits funds, advertisers or sponsors for any purpose;  

(13)  Includes programs that contain viruses, worms, ransomware, or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;

(14)  Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities on this Site;

(15)  Amounts to a pyramid scheme, contest, chain letters, or other similar scheme;

(16)  Disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site or any networks connected to this Site; or

(17)  Contains hyperlinks to other sites that contain content that falls within the scope of this Section.

(b)   Any materials uploaded to the Communication Service will be subject to posted limits on use, reproduction, and dissemination. You are responsible for abiding by these limitations with respect to your Submissions and downloaded materials. You are responsible for the content of your Submissions. Neither Caregiver Way nor any third party that provides Content to Caregiver Way has any liability for any action made by Caregiver Way or that third party with respect to any Submission.

(c)    Caregiver Way may or may not prescreen materials uploaded to the Communication Service. Caregiver Way and its designees have the right, but not the obligation, to prescreen, refuse, remove, or delete any Content that violates this agreement or is otherwise objectionable as Caregiver Way determines.

(d)   Caregiver Way reserves the right at any time to modify or discontinue, temporarily or permanently, the Communication Services in whole or in part with or without notice. Caregiver Way will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

(e)   Although Caregiver Way prohibits conduct as stated in this agreement, You may exposed to conduct described above. Your use of the Site is entirely at Your own risk. Caregiver Way has no liability of any kind for this conduct.

(f)    If Your use of Communications Services violates any codes of conduct, Caregiver Way may suspend or terminate Your used of the Site immediately without prior notice and without any right of refund, setoff, or hearing.

10           Right to Terminate Access

Caregiver Way may monitor use of this Site to determine compliance with this agreement. Caregiver Way may edit, refuse to post, or remove any information or materials, in whole or in part. Caregiver Way may terminate Your access to any of the Communication Services at any time without notice.

11           Disclosure under Law

Caregiver Way may disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request. Caregiver Way may preserve and store your account information and Content if it believes in good faith that this preservation is necessary to comply with legal processes, respond to claims that the Content violates the rights of third parties, or to protect the rights, property or personal safety of the Site, its users, or the public.

12           Personally Identifiable Information

Caregiver Way cautions you against sharing any personally identifying information about Yourself or Your care recipient in any Communication Service. In an effort to preserve your privacy, Caregiver Way shall treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy as well as in conformance with all applicable laws, rules, and regulations.

13           Disclaimer and Limitations on Liability

(a)   Caregiver Way cannot and does not guarantee that files available for downloading from the Site will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer or network. You will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer and network. You shall maintain adequate means of backup of your personal data, external to this Site. Caregiver Way has no responsibility to ensure that the Content on its Site is complete or up-to-date.

(b)   Your use of this Site is at your own risk. The Content is provided “as is” and without warranties of any kind.

(c)    You understand that the content may include technical inaccuracies or typographical errors, and Caregiver Way may make changes or improvements at any time. You assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of this Site or its Content. Caregiver Way makes no warranties that Your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in that Content.

(d)   Caregiver Way, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Caregiver Way has been advised of the possibility of such damages or such damages were reasonably foreseeable.

(e)   In no event will the collective liability of Caregiver Way and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the greater of $100 or the amount you have paid to Caregiver Way for the applicable Content or Service out of which liability arose. Caregiver Way will not pay any claim under this provision unless You bring them no later than one year after the action to which the claim relates.

14           Indemnity

You shall indemnify, defend, and hold Caregiver Way, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from Your use of Content other than as authorized in this agreement or any other breach of this agreement by You. The Indemnified Parties will have no liability in connection with Your breach or unauthorized use, and You shall indemnify any resulting loss, damages, judgments, awards, costs, expenses, and legal fees of the Indemnified Parties. You will also indemnify, defend, and hold the Indemnified Parties harmless from any claims brought by third parties arising out of Your use of the information accessed from this Site.

15           Trademarks and Copyrights

Trademarks, service marks, logos, trade names, and copyrighted works (“Intellectual Property”) appearing on this Site are the property of Caregiver Way or the party that provided the Intellectual Property to Caregiver Way. Caregiver Way and any party that provides Intellectual Property to Caregiver Way retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to You or any other third party.

16           Copyright Infringement

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Caregiver Way all of the written information specified below. This procedure is exclusively for notifying Caregiver Way and its affiliates that Your copyrighted material has been infringed. Please include the following information:

(1)     An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2)     A description of the copyrighted work that you claim has been infringed;

(3)     A description of where the material that you claim is infringing is located on the Site, including the current URL;

(4)     Your address, telephone number, and email address;

(5)     A statement by You that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;

(6)     A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

Caregiver Way’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Caregiver Way
Attn: Copyright Compliance
2028 Broad Ripple Ave.
Indianapolis, IN 46220
p: (317) 254-0828
f: (317) 254-9377
caregiverway@joyshouse.org

17           Security

(a)   Any passwords used for this Site are for individual use only. You are responsible for the security of your passwords at all times. From time to time, Caregiver Way may require that you change your password. You shall not use any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. If you become involved in any violation of system security, Caregiver Way may release your account details to the system administrators of other websites or the authorities to assist them in resolving security incidents. Caregiver Way may investigate suspected violations of this agreement. Caregiver Way may fully cooperate with any law-enforcement authorities or court order requesting or directing Caregiver Way to disclose the identity of anyone posting any email messages or publishing or otherwise making available any materials that are believed to violate this agreement.

(b)   You hereby waive all rights not specifically included in this agreement and shall hold Caregiver Way harmless from any claims resulting from any action taken by Caregiver Way during or as a result of its investigations or from any actions taken as a consequence of investigations by either Caregiver Way or law-enforcement authorities.

18           Geographic Restrictions

Caregiver Way is based in Indiana in the United States. Caregiver Way provides this Site for use only by persons located in the United States. Caregiver Way make no claims that the Site or any of its Content is accessible or appropriate outside the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.

19           Disputes

The laws of the state of Indiana, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out this agreement. The parties shall institute any suit, action, or proceeding arising out of this agreement exclusively in the state or federal courts located in Marion County, Indiana.

20           Miscellaneous

The parties acknowledge that if a dispute between the parties arises out of this agreement or the subject matter of this agreement, they would want the court to interpret this agreement as follows:

(1)     With respect to any provision that it holds to be unenforceable, by modifying that provision to the minimum extent necessary to make it enforceable or, if that modification is not permitted by law, by disregarding that provision;

(2)     If an unenforceable provision is modified or disregarded in accordance with this section, by holding that the rest of the agreement will remain in effect as written;

(3)     By holding that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable; and

(4)     If modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, by holding the entire agreement unenforceable.

21           Relationship between You and Caregiver Way

No joint venture, partnership, employment, or agency relationship exists between You and Caregiver Way as a result of this Agreement or use of Caregiver Way’s Websites.

22           Entire Agreement

(a)   This writing contains the entire agreement between the parties with respect to the matters described and is a complete and exclusive statement. This agreement supersedes all previous agreements. Notwithstanding this, You may also be subject to additional terms, policies (for example, the Privacy Policy), guidelines, or rules that apply when you use the Site or Services. Caregiver Way may revise these Terms of Use at any time by updating this page. You should review this agreement from time to time to determine whether any changes have been made. Your continued use of the Site after any changes have been made to this agreement signifies and confirms your acceptance of any changes or amendments.

(b)   The failure of Caregiver Way to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Caregiver Way must be in writing and signed by an authorized representative of the Caregiver Way.

23           Reporting Violations

Please report any violations of this agreement to Caregiver Way. If you have any questions regarding this Agreement, please contact us at caregiverway@joyshouse.org.

Privacy Policy

We take your privacy very seriously. Please read this privacy policy carefully. It contains important information on who we are and our information practices, meaning how and why we collect, use, disclose, sell, share, store, and retain your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint or request.

Caregiver Way, L.L.C. (“Caregiver Way”) owns this website (this “Site”). You can contact Caregiver Way by mail at 2028 East Broad Ripple Avenue, Indianapolis, Indiana 46220, by phone at 317.254.0828, or by e-mail at  caregiverway@joyshouse.org. This online privacy notice discloses Caregiver Way’s information practices for this Site, including what type of personal identifiable information we request when you make a purchase, how we use the information, and with whom we share the information. Note that this policy applies only to Caregiver Way’s site and does not apply to other websites.

We collect, use, and are responsible for certain personal information about you.

1                Website Visits

You can visit the Site without disclosing personal information. Caregiver Way may keep track of the domains from which people visit the Site. Caregiver Way may analyze the data gathered from Site visits for trends and statistics, then Caregiver Way discards the gathered data.

2                Website Transactions

Caregiver Way will need personal information about you. For example, to process an order or provide a subscription, Caregiver Way may need to know your name, mailing address, email address, and credit-card details. We intend to inform you before we collect personal information on the Internet. If you tell us that you do not wish to have this information used for further contact with you, we will respect your wishes.

3                Identifying Information

To make a purchase or to access designated restricted areas within the Site, Caregiver Way will request you to provide certain personal identifying information. For example, we may ask for your name, address, email address, screen name, password, phone number, method of payment, or credit-card information. Caregiver Way may request additional information to establish and maintain your account.

4                Service Quality Monitoring

Some transactions may require a phone call between Caregiver Way and you. Caregiver Way will not contact you by phone without your prior consent, except to confirm an order placed online or to inform you of the status of an order. Caregiver Way may monitor and record these calls for training or quality assurance.

5                Information from Children

We do not provide products or services to children and will not collect or post information from a child under the age of 16 without the involvement of a parent or guardian. Caregiver Way does not use personally identifying information collected from children for marketing or promotional purposes or disclose this information to any third party for any reason.

6                Lost or Stolen Information

If your credit card or password is lost or stolen, promptly notify Caregiver Way to enable us to cancel the lost or stolen information and to update our records.

7                Chat Rooms, Forums, Bulletin Boards

If you participate in a Caregiver Way chat room, discussion forum, or bulletin board, you should be aware that the information may be available to other persons, both inside and outside Caregiver Way and the Site. Opinions are the users, so do not consider them to reflect Caregiver Way’s opinion.

8                Limited Uses of Your Information

Caregiver Way will not use your personal identifiable information for any purpose without your prior consent, except for the purposes for which you submit it. Caregiver Way uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices, and maintain program records. Caregiver Way also processes billing and business requests related to Site participation.

9                Marketing Uses

Unless you opt out, Caregiver Way may provide you with information about the Site, Caregiver Way’s products and services, and related information in which you indicate interest.

10           Stored Information Uses

Caregiver Way stores information you provide to compile your purchase history to enable us to recommend products, services, or special offers in which you might have an interest. We may also use information you provide to support customer interaction with the Site, to deliver customer purchases, and to contact you about other services and products from Caregiver Way.

11           Online Advertising

Companies that help Caregiver Way deliver interactive online advertising may collect and use information about you to help us better understand the types of advertising or promotions that appeal to Caregiver Way’s users. After it is collected, the information is aggregated and is not identifiable to you. You may opt out of Caregiver Way collecting this information.

12           Links to Other Websites

The Site may contain links to other websites. Caregiver Way is not responsible for the privacy practices or content of other websites.

13           Tracking of Personal Information

We do not track, collect, or distribute personal information you do not enter. Through website access logs, we collect clickstream data and HTTP protocol elements, which generate certain usage data that may identify you. We use this information for internal purposes by technical support staff for research and development, user analysis, and business decision-making. We may provide this information to third parties.

14           Information We Collect

Cookies: Cookies are small data files that are stored on your device when you visit a website.  We use cookies to improve your experience, analyze site usage, and provide personalized content.  You can control the use of cookies at the individual browser level.  If you choose to disable cookies, it may limit your use of certain features or functions on our website.

Analytics: We use third-party analytics services (such as Google Analytics) to collect and analyze information about your use of our website.  This helps us understand how users engage with our content and improve our services.  These analytics services may use cookies and other tracking technologies to collect information about your activities across different websites and online services.

Device and Usage Information: We collect information about your device and how you use our website, such as IP addresses, browser type, operating system, pages visited, time spent on pages, and referral URLs.

15           How We Use Data Tracking

Enhancing User Experience: To remember your preferences and settings, providing a more personalized experience.

Analyzing Trends: To understand user behavior and preferences, allowing us to improve our website and services.

Security and Fraud Prevention: To protect our website and users from fraudulent activities and unauthorized access.

16           Information Security

Caregiver Way uses physical, electronic, and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints. All Caregiver Way agents and contractors with access to personal information on the Site are also bound to adhere to our security standards.

17           No Liability for Acts of Third Parties

Caregiver Way exercises reasonable efforts to safeguard the confidentiality of your personal information. Nonetheless, we are not liable for errors in transmission, unauthorized acts of Caregiver Way staff or third parties, or any other unauthorized disclosure of personal information due to no fault of Caregiver Way.

18           Opting Out

You may terminate your permission for us to collect, use, or disclose personal information at any time. You may opt out by contacting Caregiver Way by email at: caregiverway@joyshouse.org, phone, or mail. After processing the cancellation, we will delete your information from our database.

19           Access to Your Information

Upon your request, we will provide a description of your personally identifiable information that we maintain in our database.

20           Corrections to Your Information

Help us keep your personal information accurate. If your personal information changes or contains an error, please promptly contact us, and provide the new or correct information.

21           Europe and California

When we offer goods and services to individuals in the European Economic Area (EEA), we are subject to the EU General Data Protection Regulation (EU GDPR), which applies across the entire European Union. For California consumers, we are subject to the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). We are responsible as a “controller” of that personal information for the purposes of the GDPR. We are responsible for your personal information as a “business” under the CCPA/CPRA.

22           Changes to Privacy Policy

We may change this privacy policy at any time. You can review the most current version of this policy, at any time, which supersedes all previous versions. You should periodically review this policy to make yourself aware of any changes. Your continued use of the Site constitutes your acceptance of the most current version of this policy at the time of your use. Your continued use of the Site after any changes have been made to this policy signifies and confirms your acceptance of any changes.

23           Questions, Problems, and Complaints

If you have a question about this policy or a complaint about our compliance with it, please contact us.

24           Acceptance

Your use of the Site constitutes acceptance of this privacy policy. Any dispute about privacy will be subject to the provisions of this policy.