Terms of Use - Atlas of Caregiving

Please read the following terms and conditions (the “Terms of Use”) carefully. These Terms of Use govern your access to and use of the Atlas of Caregiving websites located at www.atlasofcaregiving.com and www.atlasofcaregiving.org, and www.atlascaremap.org.

In these Terms of Use, “you” and “your” refer to you, anyone or anything (such as an automated system) accessing our site on your behalf, and the person or entity on whose behalf you are accessing our site. “Atlas of Caregiving,” “we”, “us” or “our” refer to Atlas of Caregiving and all of its directors, officers, agents, and employees.

These Terms of Use constitute a contract between you and Atlas of Caregiving.

By accessing our sites, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not use any portion of our sites.

Changes to the Terms of Use

We may update or modify these Terms of Use at any time. We may give notice of such updates and modifications by any means, including by posting a revised version of these Terms of Use on our sites or providing other notice on the sites. All changes are effective as soon as we provide that notice, whether you have actually seen that notice or not. You should view these Terms of Use often to stay informed of any changes that may affect you. Your continued use of any of our sites after we have given notice of changes signifies your acceptance of those changes, even if you have not actually reviewed the changes.

The version of these Terms of Use posted on our sites on each date you visit one of our sites will be the Terms of Use applicable to your access and use of our sites on that date. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue access to or use of our sites to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability.

Privacy Policy

Atlas of Caregiving’s privacy policy applies to your use of our sites, and it is incorporated into and made a part of these Terms of Use by this reference. To view our privacy policy, please click here. We encourage you to read and become familiar with our privacy practices, as described in the privacy policy.

Ownership of the System and Access License

Atlas of Caregiving owns or has appropriate licenses to our sites and everything on them. Our sites are protected by various rights, laws, and treaties of the United States and other countries. Atlas of Caregiving licenses all content on our sites (unless the content is identified as third party content) to you pursuant to the terms and conditions of the Creative Commons Attribution 4.0 International License available at https://creativecommons.org/licenses/by/4.0/, which is incorporated into these Terms of Use by this reference. For the avoidance of doubt, content does not include source code. Your use of any content identified as third party content is subject to the terms and conditions of that third party.

Use of Our Sites

Atlas of Caregiving reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to our sites, or any portion thereof, for any reason; (ii) modify or change our sites, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of our sites, or any portion thereof, as necessary to perform maintenance, perform error correction, or make other changes.

All information that you provide to Atlas of Caregiving in connection with your access to and use of our sites must be true, accurate, and complete, to the best of your knowledge, ability, and belief.

Any use or attempted use our sites (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of our sites; (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; (v) to access systems, data, or information not intended by Atlas of Caregiving to be made accessible to you; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

In addition, you will not:

Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
(a) Create a false identity for the purpose of misleading others, (b) impersonate any person or entity, including, without limitation, any Atlas of Caregiving representative, or (c) falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Use any of our sites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, flooding (continuous posting of repetitive text));
Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national or international law;
Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
Delete or revise any material posted by any other person or entity;
Probe, scan, test the vulnerability of or breach the authentication measures of our sites or any related networks or systems;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any aspect of our sites or anything available via our sites if you are not expressly authorized by such party to do so;
Harvest or otherwise collect information about others, including without limitation, e-mail addresses;
Attempt to gain any unauthorized access to our sites or any associated content, including computer systems, software, or networks; or
Harvest or mine data from our sites.

Atlas of Caregiving reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including without limitation, the suspension or termination of your access and/or account. Atlas of Caregiving may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Atlas of Caregiving reserves the right at all times to disclose any information as Atlas of Caregiving deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Atlas of Caregiving’s sole discretion. You also agree to reimburse Atlas of Caregiving for any damage, loss, cost or expense Atlas of Caregiving incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of our site for any unlawful or prohibited purpose.

Submissions

Any information, communications, or material of any type or nature that you submit to or post on or via our sites (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise is done at your own risk and without any expectation of privacy. Atlas of Caregiving does not own any such submissions. You are fully responsible for them, and they must comply with these Terms of Use. By making such submissions you grant Atlas of Caregiving a nonexclusive, unrestricted, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such submissions (or any content or materials contained therein). You hereby represent and warrant that you have the full legal right to grant Atlas of Caregiving a license to your submissions and that the submissions, and any content or material contained within them, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

Atlas of Caregiving neither actively monitors general use of our sites, nor exercises editorial control over anything submitted to or via our sites. However, Atlas of Caregiving does reserve the right to monitor such submissions or other uses at any time as it deems appropriate and to remove any materials that, in Atlas of Caregiving’s sole discretion, may be illegal, may subject Atlas of Caregiving to liability, may violate these Terms of Use, or are, in the sole discretion of Atlas of Caregiving, inconsistent with Atlas of Caregiving’s purpose or Atlas of Caregiving’s purpose for our sites.

Electronic Communications

When you use our sites, our presence on social media sites, our pages on third party sites, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, via social media, or by posting notices on our sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit the electronic communication.

Representations and Warranties

You represent and warrant that any information, materials, software, or data that you submit to us are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

Disclaimers

The information, software, CONTENT, SERVICES, or materials available from or provided on or via OUR SITES is provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.

ATLAS OF CAREGIVING AND OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE INFORMATION ON OUR SITES IS OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, secure, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT IT, THAT ANY OF OUR SITES ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ATLAS OF CAREGIVING PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS OUR SITES WITHOUT NOTICE. FURTHER, ATLAS OF CAREGIVING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES. ATLAS OF CAREGIVING SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT OR ANY OTHER INFORMATION ON OUR SITES.

Limitation of Liability

IN NO EVENT SHALL ATLAS OF CAREGIVING, ITS CONTRACTORS, SUPPLIERS, CONTENT‑PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, OUR SITES; (B) the security of OUR SITES; (c) THE USE, COPYING, OR DISPLAY OF OUR SITES OR THE TRANSMISSION OF INFORMATION TO OR FROM OUR SITES OVER THE INTERNET; (d) ATLAS OF CAREGIVING’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (e) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF OUR SITES, OR OTHER THIRD PARTIES; AND (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF OUR SITES.

UNDER NO CIRCUMSTANCES SHALL ATLAS OF CAREGIVING, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OUR SITES, OR ANYTHING DESCRIBED IN CLAUSES (A) THROUGH (F) ABOVE, OR ANY OTHER CAUSE BEYOND THE CONTROL OF ATLAS OF CAREGIVING, EVEN IF ATLAS OF CAREGIVING WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ATLAS OF CAREGIVING AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF ATLAS OF CAREGIVING, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR OUR SITES, ATLAS OF CAREGIVING AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.00 USD.

Indemnification

You agree to indemnify, defend and hold Atlas of Caregiving harmless from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expenses (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through our sites; your access to and use of our sites; your violation of these Terms of Use; your violation of any applicable law, regulation or code; or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Typographical Errors

Our sites could include technical inaccuracies or typographical errors. Atlas of Caregiving shall have no liability in connection with any such inaccuracies or errors, nor shall Atlas of Caregiving have any obligation to identify or correct any such inaccuracies or errors.

Links to Other Websites

For your convenience, hyperlinks may be provided on our sites. Some of these hyperlinks link to destinations such as other websites or social media platforms which are not under the control of Atlas of Caregiving. Atlas of Caregiving does not sponsor or endorse any of these destinations, which are provided for informational purposes only. Atlas of Caregiving is not responsible for the availability, accuracy, content, or any other aspect of any destinations. Atlas of Caregiving disclaims all liability for such destinations, for all access to and use thereof, and for use of the links to such destinations. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of these destinations and any purchases of products or services from these destinations are subject to the terms and conditions of those destinations. You agree that you will bring no suit or claim against Atlas of Caregiving arising from or based upon any use of any such destination. Hyperlinks to such destinations on our site do not imply that: (a) Atlas of Caregiving is affiliated or associated with any destination; (b) Atlas of Caregiving is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any destination is authorized to use any trademark, trade name, logo, or copyright symbol of Atlas of Caregiving.

Links to Our Sites

Without our express, prior, written permission, it is expressly prohibited to: (a) “frame” our sites or any portion of it or otherwise cause our sites or any portion of them to appear in a window with any other material that is not part of our sites; (b) cause a hyperlink to any of our sites to be displayed in any way that is disparaging to Atlas of Caregiving or any entity that is affiliated or associated with Atlas of Caregiving; or (c) otherwise imply or state that any type of relationship or special arrangement exists with Atlas of Caregiving and any other entity. You agree that you will promptly remove any hyperlink to our sites upon the written request of Atlas of Caregiving. In no event will you use any logo or trademark of Atlas of Caregiving as a hyperlink “button,” or in any other manner, without Atlas of Caregiving’s express written consent.

Disclaimer of Third Party Information

To the extent that any portion of our sites is provided by third party content providers, Atlas of Caregiving has no editorial control or responsibility over such portions. Therefore, any opinions, statements, products, services or other content in those portions of our sites are those of the applicable third party. Atlas of Caregiving does not represent or endorse the accuracy or reliability of any content provided by any third party, or represent or warrant that your use of any such content will not infringe rights of third parties not owned by or affiliated with Atlas of Caregiving.

Visiting Our Sites From Outside the United States

If you are visiting our sites, or any part of them, from outside of the United States of America, please be aware that your information may be transferred to, stored, or processed in the United States, where our technical infrastructure is located. By using any portion of our sites, you understand and consent to the transfer of your information to (1) our facilities in the United States and (2) those third parties with whom we share it, as described in the Privacy Policy.

General

These Terms of Use and the Privacy Policy (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of our sites. You agree that you shall not contest the admissibility or enforceability of Atlas of Caregiving’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and Atlas of Caregiving. Atlas of Caregiving may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of Atlas of Caregiving. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing and using our site and any other jurisdiction whose laws apply to you or your actions. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Atlas of Caregiving shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use nor our sites creates any partnership, joint venture, employment, or other agency relationship between Atlas of Caregiving and you. You may not enter into any contract on our behalf or bind us in any way.

You agree that any violation, or threatened violation, by you of these Terms of Use or the Privacy Policy constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of our sites must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Santa Clara County, California for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy, or otherwise related to or in connection with your access to and use of our sites. You further expressly waive any claim that venue is improper for any reason in these courts.

Contact Us

Atlas of Caregiving welcomes any comments or questions you may have regarding these Terms of Use or our sites. Please send any comments or questions submitted by email at legal@atlasofcaregiving.com, by phone at (650) 823-3274, or by mail Atlas of Caregiving, 855 El Camino Real Ste 13A-389, Palo Alto, CA 94301 USA.

Last Updated

These Terms of Use were last updated on March 18, 2019. Please check back periodically for updates and changes.