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Terms and Conditions

  1. Applicability and Acceptance of Terms and Conditions of Use. Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of the RespiteMatch.com web site (the “Web Site”). RespiteMatch , its subsidiaries and affiliates, and their employees, officers, directors, and agents are collectively referred to in these Terms and Conditions as “RespiteMatch,” “we,” “our,” or “us.” By accessing and using our Web Site, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Web Site. RespiteMatch may take any action it deems appropriate, including, but not limited to, restricting your access to our Web Site or terminating its services to you if we determine, in our sole discretion, that you have violated these Terms and Conditions.
  2. Other Applicable Terms and Conditions. These Terms and Conditions do not govern services available from RespiteMatch (even those services that may be ordered or provided by us through our Web Site) to the extent that any specific terms and conditions apply to such services. Those services are instead governed by the specific agreements, policies, instructions, statements, laws, and regulations relating to such services, and such governing documents will control in the event of a conflict with these Terms and Conditions or any material contained on our Web Site.
  3. Contact Us . For further information or to contact us with questions, concerns, or comments, you may write, call, fax, or email us as follows: david@respitematch.com. Although we will, in most circumstances, be able to receive your email or other information provided through our Web Site, we do not guarantee that we will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.
  4. Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. We may at any time and without prior notice revise these Terms and Conditions by updating this posting. Your continued use of our Web Site following posting of changes to these Terms and Conditions signifies that you accept such revisions.
  5. Copyright. All content included on our Web Site and its related software are the property of us and/or our content providers, and is protected by copyright law. We and our content providers retain all right, title, and interest in our Web Site’s content. We grant you the nonexclusive, nontransferable, limited, and revocable right to print individual pages from our Web Site, without alteration, for your own personal, noncommercial use, and for your consideration in connection with the possibility of doing business with us. Except as allowed in these Terms and Conditions , you may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of our Web Site or any related software without the prior written consent of us or our content providers.
  6. Trademarks. All trademarks, characters, and service marks, and the other source identifying names, graphics, and logos (collectively “Trademarks”) displayed and used on our Web Site belong to us or have been licensed by us. The Trademarks may not be used without our prior written permission. We do not permit the use of our Trademarks in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without our prior written approval. Nothing contained in our Web Site should be construed as granting any license or right to use any Trademarks displayed and used on our Web Site. Any use and/or misuse of the Trademarks displayed and used on our Web Site, or any other content on our Web Site, except as provided in these Terms and Conditions, is strictly prohibited.
  7. Intellectual Property Protection. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution.
  8. DISCLAIMER. OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OUR WEB SITE, ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF OUR WEB SITE, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEB SITES. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITE AND MATERIAL ACCESSIBLE FROM OUR WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    OUR WEB SITE INCLUDES INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE DESIRE THAT THE INFORMATION ON OUR WEB SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS AND RELIABILITY OF SUCH INFORMATION BEFORE ACTING OR RELYING THEREON, OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH, AND YOU MUST EXERCISE YOUR OWN INDEPENDENT INVESTIGATION AND TECHNICAL AND BUSINESS JUDGMENT. WE ARE NOT RENDERING YOU ANY PROFESSIONAL OR FINANCIAL SERVICES, ADVICE BY VIRTUE OF OUR WEB SITE, OR ANY COMMUNICATIONS IN CONNECTION WITH OUR WEB SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION, CONTENT, OR SERVICES ON OUR WEB SITE OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION, CONTENT, OR SERVICES. WE RESERVE THE RIGHT, WITHOUT NOTICE, AND AT OUR SOLE DISCRETION, TO DENY ANY USER ACCESS TO OUR WEB SITE OR ANY PORTION THEREOF. YOUR USE OF OUR WEB SITE IS AT YOUR OWN RISK.
  9. Your Use of Our Web Site. You may access our Web Site to browse and to use our services for only lawful purposes including, but not limited to, (i) gathering or requesting information about us and the products and services offered by either us or our third party independent contractors, (ii) registering for contests or sweepstakes, and (iii) submitting or requesting information regarding employment. You may not use or allow others to use our Web Site or our products or services for any unlawful purposes or engage in any activity that harms us or impairs any other user’s use or enjoyment of our Web Site, products, or services, subject to our sole determination. As a condition of your use of our Web Site, you represent and warrant to us that you will not use our Web Site for any purpose that is unlawful, immoral, or prohibited by these Terms and Conditions and/or other notices. We do not intend for our Web Site to be used by children under the age of 18.  If you are under the age of 18, then please do not provide us with any User Information (as defined in the RespiteMatch Privacy Policy and promptly exit this site or have your parent or legal guardian use this Web Site on your behalf.
  10. Financial. We may make financial information available through our Web Site, which may or may not be audited. The information in our Web Site may attempt to predict trends, which may or may not prove to be accurate. We consider portions of our Web Site to be forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of The Securities Exchange Act of 1934, as amended. Forward-looking statements are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy, and some of which might not be anticipated. Future events and actual results, financial and otherwise, may differ materially from the results discussed in any forward-looking statements on our Web Site. Factors that might cause such a difference include, but are not limited to the following: (1) local market conditions; (2) governmental laws and regulations; (3) general economic conditions; (4) interest rates; (5) our ability to obtain favorable financing; and (6) other risks detailed from time to time in filings with the Securities and Exchange Commission.
  11. Links. We may, from time to time, provide links to other outside web sites. We make no endorsement of web sites that link to or from our Web Site. We are not responsible for such linked web sites or the content of any of the linked web sites. We provide these links as an additional resource for users of our Web Site and make no representations regarding the content of any linked web site or any companies that own, control, or manage the linked web sites. Consequently, we are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by web sites linked to or from our Web Site.
  12. Privacy and Security . We take steps to preserve the privacy of personal information you submit over our Web Site. Be advised, however, that the security of the Internet cannot be guaranteed and, therefore, we are not responsible for any unauthorized access to communications that you submit over the Internet. Please review the RespiteMatch Privacy Policy for more information about how we handle personal information.
  13. LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, OUR WEB SITE OR INFORMATION, SERVICES, OR FUNCTIONS ON SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR ASSOCIATED WITH OUR WEB SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE LESSER OF $10.00 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEB SITE.
  14. Indemnification. You hereby agree to defend, indemnify, and hold harmless RespiteMatch from and against all claims, damages, awards, and expenses, including attorneys' fees, arising out of or resulting from your use of our Web Site.
  15. Choice of Law. These Terms and Conditions, all information on our Web Site, and all disputes arising out of, or relating to, our Web Site are governed by, and will be construed in accordance with, the laws of the State of Georgia and of the United States of America without giving effect to principles of conflicts of law. The venue for any matter relating to or arising from our Web Site will be in a state or federal court of competent jurisdiction in the State of Georgia.
  16. General. Your use of our Web Site is unauthorized in any jurisdiction that prohibits full effect to all provisions of these Terms and Conditions, or jurisdictions where any portion of our Web Site may violate any law. You agree not to access our Web Site in any such jurisdiction. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.

This is the entire agreement between RespiteMatch and you relating to the subject matter herein, and it will not be modified except in writing signed by both parties. For purposes of these Terms and Conditions, all references to written permission and writings that bind us indicate the physical signature of an officer of RespiteMatch on a document setting forth the entire agreement of the parties with respect to the subject matter at issue. These Terms and Conditions supersede all prior communications and proposals, whether electronic, oral, or written, between you and RespiteMatch with respect to our Web Site, except as otherwise indicated herein.

This document was last updated on 11/22/2004.

© 2004 RespiteMatch . All Rights Reserved.
RespiteMatch Terms and Conditions of Use.

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