From Chaos to Care Logo - Helping family caregivers transform their chaos to care
TERMS OF Service
TERMS AND CONDITIONS OF USING THE SITE
Last Updated on July 4, 2021
Welcome!

The material appearing on this website https://www.owl-care.com/ (this “Site”), is provided as information about OwlCare Inc., business, community, and people, and as a platform for online connection. The owner of this Site, and its directors, agents, employees, affiliates, respective heirs, executors, administrators, successors, and assigns assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.

Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.

Your Acceptance of These Terms of Service

These Terms of Service apply to all users of this Site, whether or not you are a registered member. By using this Site, you are agreeing to comply with and be bound by these Terms of Service. If you do not agree to these Terms of Service, you may not access or use this Site.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Service, you agree to the terms of our Privacy Policy and to our Site/Forum Rules, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Service and our Privacy Policy, these Terms of Service control.

Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Service, the terms of the click-through agreement will supplement or amend these Terms of Service, but only with respect to the matters governed by the “click-through agreement.”

TERMS AND CONDITIONS

Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.

The following terms and conditions ("Terms of Service" and “Terms and Conditions”) form a binding agreement (this “Agreement”) between you and OwlCare Inc., a Corporation operating out of the Province of Ontario. OwlCare Inc. may modify, amend, supplement, and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.

1. Trademark & Copyright. Logos for From Chaos to Care, OwlCare, Transform Chaos into Care(TM), Care Hub Marketplace, OwlCare, Stay Healthy. Save Money!(TM), https://www.chaos2care.com, https://carehubmarketplace.com, https://www.carehubmarketplace.ca, https://www.owl-care.com, https://www.owl-care.ca, and OwlCare Inc. are trademarks of OwlCare Inc., and its affiliates (the “Marks”). You must obtain written permission from OwlCare Inc. to use the Marks. All materials created by OwlCare Inc. on the Site are protected by Canadian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to OwlCare Inc.. The contents of this Site are all copyrighted by OwlCare Inc., unless otherwise noted. You must obtain written permission from OwlCare Inc. to use the contents of the Site in any manner not authorized by these Terms and Conditions.

2. Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of OwlCare Inc. is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. OwlCare Inc. accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with OwlCare Inc. on various platforms, help OwlCare Inc. offer the easiest services for you and conduct transactions.

OwlCare Inc. has financial relationships with some of the companies, products, and services mentioned on our site, and may be compensated if users choose to follow the links pointing to those companies, products, or services.

3. Your Feedback. The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

4. Use License. If OwlCare Inc. has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

4.1 modify or copy the materials;

4.2 use the materials for any commercial purpose or for any public display (commercial or non-commercial);

4.3 transfer the materials to another person or “mirror” the materials on any other server.
In consideration of your use of this Site, you agree that to the extent you provide personal information to OwlCare Inc. it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided here: https://www.owl-care.com/contact. Until we are so notified you will remain liable for any unauthorized use of your account.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by OwlCare Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

5. Fees and Payments. Prices for our products and services made available through the site are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

By registering for an account, or other subscription service, you agree to pay OwlCare Inc. the fees for the services applicable to the account level chosen. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate immediately.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
If purchasing a physical product outside of Canada, please be aware that you will pay an increase in International Shipping Fees at checkout and will likely pay duties upon delivery at your door. If you have any issues with these upon-delivery payments, you must contact the shipping carrier directly, as OwlCare Inc. does not have any control over their processing and border-taxation.

5.1 Automatic Renewal. Your account or other subscription will renew automatically, unless you cancel your subscription (see Cancellation on how to cancel). You must cancel your subscription before the calendar day it renews (the day of the month you are to be charged) to avoid billing of the subscription fees for the renewal term to your credit card. Additionally, we may terminate your subscription for a violation of these Terms.

5.2 Promotional or Trial Period Pricing. We may elect to offer free or discounted pricing for use of the accounts or services or other subscription services (a “Trial”). If you do not cancel your subscription prior to the expiration of the Trial, then your credit card will be billed for the subscription fees. You agree to comply with any additional terms, restrictions, or limitations we impose in connection with any Trial. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial.

5.3 Cancellation. You may cancel your subscription(s) at any time by logging into your OwlCare account, going to your account preferences and clicking on the “Please cancel my OwlCare account” link. Other subscriptions may be cancelled via the settings on the pages associated with their features. If you cancel the services before the last day of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

6. Refunds. For digital products and video courses, all sales are final. All fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms, or refunds for months unused. However, if a user upgrades and cancels within 24 hours without using the upgraded services offered to members with a paid subscription, we will offer a full refund minus any applicable cancellation fees. We reserve the right to deactivate your access to the Services for your failure to pay applicable fees or for violations of these Terms. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay OwlCare Inc. in the event of any refusal of your credit card issuer to pay any amount to OwlCare Inc. for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, OwlCare Inc. may immediately suspend or terminate your access to any or all of our services.

7. Disclaimer. Our goal is to share information in an informative, open, and honest way. That being said, any information and services provided on or through the Site is for informational and educational purposes only. What we share is the opinion and perspective of OwlCare Inc. The information and education is not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, INCLUDING PRODUCTS OR SERVICES FROM THIRD PARTIES. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OWLCARE INC., ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OWLCARE INC., ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

OWLCARE INC. DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED OWLCARE INC. SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE VIEWS OF OWLCARE INC. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

THE STATEMENTS, ADVICE AND OPINIONS OF OWLCARE INC.. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. IN ADDITION, OWLCARE INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES OR GOODS OFFERED BY THIRD PARTIES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

8. No Guarantees. We make no guarantees about any particular results or benefit that you’ll get from our Site or our services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be any more clear about this: we make no promises regarding results and make no guarantees whatsoever.

9. Site Terms of Use Modifications. OwlCare Inc. may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after OwlCare Inc. modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.

10. Limitation of Liability. In no event shall OwlCare Inc., OwlCare Inc. or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if OwlCare Inc. has been notified orally or in writing of the possibility of such damage.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS SERVICE PROVIDERS, AFFILIATES, RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF SAVINGS; LOSS OF OR DAMAGE TO PROPERTY; REPLACEMENT COSTS; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Service may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

11. Governing Law. Any claim relating to OwlCare Inc.’s or OwlCare Inc.’s Site shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. All actions or proceedings arising out of or relating to these Terms of Service will be venued exclusively in provincial or federal court in Ottawa, Ontario, Canada. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Service is taking place or originating.

12. Indemnity. As a condition of your use of this Site, you indemnify OwlCare Inc. and its directors, agents, employees, affiliates, respective heirs, executors, administrators, successors, and assigns from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

13. Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of OwlCare Inc. linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and OwlCare Inc. relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by OwlCare Inc.. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by OwlCare Inc. to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.

DISCLAIMER

This Disclaimer (the “Disclaimer”), in concert with our Terms and Conditions and Privacy Policy determine the rules of how you can use this Site and any of OwlCare Inc.’s social media profiles and how you access our content and services, either as a paying customer or simply a website visitor.

1. Qualifications. OwlCare Inc. and its operators hold the following qualifications: Certified Project Management Professional. OwlCare Inc. makes no representations to hold any other qualifications or representations outside of this.

2. Not Medical Advice. Nothing shared on this Site by OwlCare Inc. is medical or health advice. This is simply a compilation of content and services that OwlCare Inc. is providing.

3. No Guarantees. You understand that OwlCare Inc. makes no guarantees whatsoever regarding any results based on any action or inaction based on the information we share or services we provide through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life and health.

4. Intention. The intention of the information we share and post on the Site is for informational, educational, and promotional purposes only.

5. Mistakes. We try our best. We really do. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you our content and services. But we ask you to understand that not everything we include on the Site may be accurate or entirely true. Of course, we’ll never intentionally mislead you and we can only try our best. As such, we ask you to take the information on the Site as one point of view, not the absolute only option. We ask that you not to rely entirely on what we share, and accept that some of our content may be incorrect. Again, if you have any issues with this, you are always welcome to stop using the Site.

6. No Warranties. OwlCare Inc. makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by Canadian laws, OwlCare Inc. disclaims all warranties regarding all information, products and services offered on or through the Site.

Questions?

Please feel free to connect with OwlCare Inc. to ask us any questions. All communications should be directed to support@owl-care.com or by contacting us using the contact form provided here: https://www.owl-care.com/contact.

The OwlCare Inc. Team
Copyright 2021 OwlCare Inc. All Rights Reserved.
 
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