Welcome to Firststeptocare.com (the “Site”). We ask that you read the following Terms of Use, which constitute a license that covers your use of this Site and any transaction or engagement that you partake in through this Site (“Agreement”). The Site is comprised of various web pages operated by Firststeptocare.com. The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). By accessing, viewing or using this Site, you acknowledge and agree that you have read, understand, and agree with these terms. If you do not wish to be bound by these terms, please do not use this Site. Please keep a copy of the Terms for your reference. Firststeptocare.com is a news and information site to provide a connection/link for seniors and their families and representatives to caregivers, local information, services and each other. Firststeptocare.com is a place to start to find the resources you need. It isn’t intended to provide you with a one-stop place for all information, rather, the intent is to have a place where you can find access to information and resources in the community – especially when you really don’t know where to begin.
Use of Site
This Site is provided solely for the use of current and future users to obtain information and resources related to caring for the elderly. In addition, the Site is designed to connect our users with local information, services, caregivers and each other to create a community resource to assist users facing difficult decisions and questions related to their loved ones. Any other use of this Site is prohibited. By way of example, you should not use any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate:
- any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
- any advertisement, solicitation, spam, chain letter, or other similar type of information;
- any encouragement of illegal activity;
- unauthorized use or disclosure of private, personally identifiable information of others; or
- any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so. You are granted a non-exclusive, non-transferable, revocable license to access and use firststeptocare.com strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to Firststeptocare.com that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete 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 uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
You agree that you will not use Communication Services to publish, post, upload, transmit, distribute or disseminate Protected Health Information (“PHI”), as defined in 45 C.F.R. §160.103. Firststeptocare.com is not “HIPAA compliant.” Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical data, PHI or other sensitive data. Users acknowledge that the use of the Site may not be appropriate for the publication, posting, uploading, transmittal, distribution or dissemination of PHI or other sensitive and personal data. Firststeptocare.com does not control or monitor the information or data you publish, post, upload, transmit, distribute or disseminate through our Communication Services. We specifically disclaim any representation or warranty that the Communication Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”). Customers requiring services related to PHI under HIPAA are expressly prohibited from using the Communication Service for such purposes. Publication, posting, uploading, transmittal, distribution or dissemination of PHI is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Firststeptocare.com is not a Business Associate or Subcontractor or agent of yours under HIPAA and HITECH. If you have questions about the security of your data, you should contact Info@Firststeptocare.com.Firststeptocare.com has no obligation to monitor the Communication Services. However, Firststeptocare.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Firststeptocare.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Firststeptocare.com reserves the right at all times to disclose any information as 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 Firststeptocare.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Firststeptocare.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Firststeptocare.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Firststeptocare.com spokespersons, and their views do not necessarily reflect those of Firststeptocare.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to Firststeptocare.com or posted on any Firststeptocare.com web page
Firststeptocare.com does not claim ownership of the materials you provide to Firststeptocare.com (including feedback and suggestions) or post, upload, input or submit to any Firststeptocare.com Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Firststeptocare.com, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Firststeptocare.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Firststeptocare.com’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Site Contents and Ownership
The information contained on this Site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of Firststeptocare.com, or its suppliers, and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this Notice, Firststeptocare.com does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Firststeptocare.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Firststeptocare.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Firststeptocare.com or our licensors except as expressly authorized by these Terms.
Electronic Communications
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Firststeptocare.com solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Visiting firststeptocare.com, sending emails to Firststeptocare.com, and/or receiving emails from Firststeptocare.com constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Firststeptocare.com is not responsible for third party access to your account that results from theft or misappropriation of your account. Firststeptocare.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Firststeptocare.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Firststeptocare.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Firststeptocare.com. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Firststeptocare.com. Firststeptocare.com does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Firststeptocare.com. Links do not imply that Firststeptocare.com or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Firststeptocare.com or any of its affiliates or subsidiaries. Except for links to information authored by Firststeptocare.com, Firststeptocare.com is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Firststeptocare.com reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Certain services may be advertised by third party sites, organizations and/or individuals on Firststeptocare.com. If you wish to enter into a transaction with or otherwise engage an organization or individual that is advertising its products, or services on Firststeptocare.com, you hereby acknowledge and consent that Firststeptocare.com may share applicable information and data with that third party. If you decide to conduct business with any such third party, you do so at your own risk. Firststeptocare.com is merely providing the means to connect you with these third party individuals and organizations and does not make any representations regarding, or warrant any information, goods, services, content, accuracy, and/or opinions provided by these third parties. Firststeptocare.com reserves the right to discontinue any third party’s access to the Site at any time without prior notice. In doing so, Firststeptocare.com is not responsible for any interruption to the goods or services provided to user by third party or any other liabilities, costs, fees, damages, and/or expenses that may arise from or otherwise be related to the termination of a third party’s access to the Site.
Third Party Accounts
You will be able to connect your Firststeptocare.com account to third party accounts. By connecting your Firststeptocare.com account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. If you decide to connect your Firststeptocare.com account to third party accounts, you do so at your own risk. Firststeptocare.com is merely providing the means to connect you with these third party individuals and organizations and does not make any representations regarding, or warrant any information, goods, services, content, accuracy, and/or opinions provided by these third parties. Firststeptocare.com reserves the right to discontinue any third party’s access to the Site at any time without prior notice. In doing so, Firststeptocare.com is not responsible for any interruption to the goods or services provided to user by third party or any other liabilities, costs, fees, damages, and/or expenses that may arise from or otherwise be related to the termination of a third party’s access to the Site.
Indemnification
You agree to indemnify, defend and hold Firststeptocare.com and its officers, directors, employees, agents, successors, and assigns (“Indemnitees”) harmless, from and against any and all third-party claims, actions, or demands, and any liabilities, damages, costs, and expenses actually incurred by Firststeptocare.com to investigate, defend, or settle such claims, actions, or demands, related to or arising from: (1) your use of or inability to use the Site or services; (2) any user postings made by you; (3) your violation of any terms of this Agreement; (4) your interactions and engagements with third parties either directly through Firststeptocare.com or after being directed to the third party’s website through Firststeptocare.com; (5) your violation of any rights of a third party; and/or (6) your violation of any applicable laws, rules or regulations.
Firststeptocare.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Firststeptocare.com in asserting any available defenses. In the event that Firststeptocare.com does not assume the exclusive defense of an applicable action, you agree that you will not take any final action with respect to any claim, action, or investigation associated with a matter subject to indemnification without the prior written consent of Business Associate, which consent shall not be unreasonably withheld.
The obligations set forth in this Section will survive termination of this Agreement, regardless of the reasons for termination.
Disclaimer of Warranty
You expressly agree that use of this website is at your sole risk. Neither Firststeptocare.com, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Firststeptocare.com does not warrant reliability of any statement or other information displayed or distributed through the site. Firststeptocare.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Firststeptocare.com may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. FIRSTSTEPTOCARE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FIRSTSTEPTOCARE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitations of Liability
YOU AGREE THAT FIRSTSTEPTOCARE.COM AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL FIRSTSTEPTOCARE.COM OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER FIRSTSTEPTOCARE.COM OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation on Claims
Any cause of action you may have with respect to your use of this Site must be commenced within one year after the claim or cause of action arises.
Medical Information Disclaimer
Firststeptocare.com does not provide individual medical treatment advice or diagnosis. If individual medical or health care advice is needed, please consult a qualified health care provider. If emergency or crisis care is needed, call 911 or your local emergency services facility. User specifically acknowledges and agrees that Firststeptocare.com is not a health care provider and does not dispense medical advice, diagnostics and/or treatment. User agrees to hold harmless and indemnify Firststeptocare.com for any and all claims related to
Disclaimer
This website is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law. It is not intended to provide specific legal advice to your individual circumstances or legal questions. You acknowledge that neither your reading of, nor posting on, this blog site establishes an attorney-client relationship between you and the website publisher or any law firm, or any of the attorneys with whom, the host is affiliated. This website should not be used as a substitute for seeking competent legal advice from a licensed professional attorney in your state. Readers of this information should not act upon any information contained on this website without seeking professional counsel.
Termination/Access Restriction
Firststeptocare.com reserves the right, in its sole discretion, to terminate or block your access to the Site and the related services or any portion thereof at any time, without notice.
Controlling Law, Jurisdiction and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. Firststeptocare.com makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Ingham County, Michigan for any disputes with Firststeptocare.com arising out of your use of this site.
Entire Agreement
This Agreement constitutes the entire agreement between Firststeptocare.com and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Firststeptocare.com with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
No Agency Relationship / Compliance with the Law
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Firststeptocare.com as a result of this agreement or use of the Site. Firststeptocare.com’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Firststeptocare.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Firststeptocare.com with respect to such use.
Changes to Terms
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Firststeptocare.com does not and will not assume any obligation to notify you of changes to this Agreement.
Privacy Policy
Click here to access Firststeptocare.com’s Privacy Policy governing the use of information that Firststeptocare.com obtains from you through your use of this site.
Contact Us
Firststeptocare.com welcomes your questions or comments regarding the Terms: Contact
Charter Membership Agreement
This Charter Membership Agreement is effective between Firststeptocare.com and a Charter Member upon a Charter Member’s registration for a Charter Membership. By accepting the Terms and Conditions of the Site, Charter Member acknowledges and agrees that Charter Member’s Charter Membership is governed by the terms of this Charter Membership Agreement and the Terms and Conditions above, which are incorporated herein by reference.
Recitals
Firststeptocare.com maintains the Site and desires to sell the rights to advertise on the Site.
Charter Member operates a business whose potential customers may access the Site and desires to advertise to those potential customers.
Therefore, for good and valuable consideration, the receipt and sufficiency of which are acknowledged here, the parties, intending to be legally bound, agree as follows:
Definitions
“Advertisement” means the text and graphic file supplied by the Charter Member that can be selected by the Users as a Link.
“Advertising Space” means one Advertisement, stored on the Server, with a defined Start Date and Finish Date.
“Finish Date” means the last day that Firststeptocare.com will display the Advertising Space.
“Link” means a request for information from a server other than the Server.
“Server” means one or more computers on which the Site is located and that Users may access via the Internet.
“Start Date” means the first day that Firststeptocare.com will display the Advertising Space.
“Users” means those individuals who access the Site.
Services
Firststeptocare.com shall store the Advertising Space on the Server so that Users may view and access it on the Site from the Start Date to the Finish Date. After receiving the Advertisement from Charter Member or its agent, Firststeptocare.com shall not modify the Advertisement without the Charter Member’s express written consent.
Payment
Charter Member shall pay either a monthly fee of $35 per month or $250 per year, depending on whether the Charter Member selects a monthly membership (“Monthly Charter Member”) or annual membership (“Annual Charter Member”), respectively.
Charter Member shall be responsible for all taxes, other than taxes on Firststeptocare.com’s net income, incurred as a result of this Charter Membership Agreement.
Start Date and Finish Date
For monthly and annual payments, the Start Date shall commence on the date of registration for Charter Membership. For Monthly Charter Members, the Finish Date will be 30 days from the Start Date. For Annual Charter Members, the Finish Date will be 365 days from the Start Date.
Right to Refuse Unacceptable Advertising
Firststeptocare.com reserves the right to refuse any Advertisement that, in its complete discretion and unilateral judgement, does not conform with the purpose of the Site, as outlined above and the “About” section of the Site. This Charter Membership Agreement is voidable by Firststeptocare.com immediately if Charter Member fails to disclose, conceals, or misrepresents any involvement in illegal, fraudulent, immoral, and/or unethical activity.
Firststeptocare.com in its complete discretion may refuse the use of any other advertising that it deems appropriate.
Representations and Warranties, Truth in Advertising, and Indemnification
Firststeptocare.com represents and warrants that the Site is located at a valid URL accessible to users of common internet browsers and that Firststeptocare.com will maintain this access so long as Firststeptocare.com continues to operate. This representation and warranty shall not apply when Users cannot access the Site through no fault of Firststeptocare.com.
FIRSTSTEPTOCARE.COM MAKES NO OTHER WARRANTY TO CHARTER MEMBER IN CONNECTION WITH THIS CHARTER MEMBERSHIP AGREEMENT AND SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Truth in Advertising
Charter Member is solely responsible for any legal liability arising out of or related to the Advertisement and/or any material to which the Users can link through the Advertisement. Charter Member represents and warrants that it holds the necessary rights to permit the use of the Advertisement and Link by Firststeptocare.com and the Users for the purpose of this Charter Membership Agreement and that the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights of any third parties, including but not limited to such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy rights or rights of celebrity, violation of any antidiscrimination law or regulation, or any other right of any person or entity.
Social Media
As part of the Charter Membership, Charter Member is permitted to link Charter Member’s social media accounts to Charter Member’s Advertisement. However, Firststeptocare.com currently only supports Facebook, LinkedIn, Twitter and Instagram, and Charter Member is specifically limited to these social media channels as part of Advertisement. Charter Member agrees that referencing or citing any of Firststeptocare.com’s employees, partners, Users, or customers without their express consent is strictly prohibited.
Indemnification
Charter Member agrees to indemnify, defend and hold Firststeptocare.com and its officers, directors, employees, agents, successors, and assigns (“Indemnitees”) harmless, from and against any and all third-party claims, actions, or demands, and any liabilities, damages, costs, and expenses actually incurred by Firststeptocare.com to investigate, defend, or settle such claims, actions, or demands, related to or arising from: (1) Charter Member’s use of or inability to use the Site or services; (2) Charter Member’s Advertisement; (3) Charter Member’s violation of any terms of this Charter Membership Agreement or Terms of Use Agreement; (4) Charter Member’s interactions and engagements with Users and/or other third parties either directly through Firststeptocare.com or after being directed to the third party’s website through Firststeptocare.com; (5) Charter Member’s violation of any rights of a third party; and/or (6) Charter Member’s violation of any applicable laws, rules or regulations.
Limitation of Remedies
Firststeptocare.com shall not be liable to Charter Member for any special, incidental, or consequential damages, whether the claim is based on breach of contract, tort (including negligence), or otherwise, and whether or not Firststeptocare.com has been advised of the possibility of such damage.
Termination
Either party shall have the right to terminate this the Charter Membership Agreement on 30 days’ written notice. This is true for both a Monthly Charter Member and an Annual Charter Member.
On material breach, either party shall have the right to terminate this Agreement immediately.
Miscellaneous
Assignment. Neither party shall have the right to assign this Agreement without the express written consent of the other.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Michigan.
Entire Agreement. This Charter Membership Agreement and accompanying Terms under the Agreement above, incorporated by referenced hereto, are the complete and exclusive agreement between the parties regarding its subject matter and shall supersede and replace all other prior agreements, communications, and understandings (both written and oral) regarding such subject matter. This Charter Membership Agreement may be modified, or any rights under it waived, only by a written document executed by both parties.