AGREEMENT BETWEEN USER AND CYBER CARE

Welcome to Cyber Care and/or its affiliates or subsidiaries, including but not limited to the International Council of Electronic Commerce Consultants provide website features (Cyber Care Website) and other products and services to you when you visit or shop at Cyber Care, use Cyber Care products or services, use Cyber Care applications, or use software provided by Cyber Care in connection with any of the foregoing (collectively, “Cyber Care Services”). The Cyber Care Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Cyber Care Website constitutes your agreement to all such terms, conditions, and notices.

Cyber Care offers a wide range of Services, and sometimes additional terms may apply. When you use Cyber Care Services (for example: ASPEN, Cyber Care Video, iLabs, iClass, iweek etc.) you also will be subject to the guidelines, terms and agreements applicable to that Cyber Care Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will be applicable.

Cyber Care Web-site and Services may include: (a) your use and submission of data, text, audio, video, images, software (including machine images), or other materials (collectively, “Customer Content”) in connection with the Cyber Care Web-site and/or Services; and (b) the use of various tools, websites, electronic media and services Cyber Care may provide to you in connection with the Cyber Care Web-site and/or Services (collectively, the “Cyber Care Tools”). If you are entering into this Agreement for a commercial entity, government institution, or any other entity (“Entity”), such as the company or educational institution you work for, you represent that you have legal authority to bind that Entity.

AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS

You must be the minimum age below based on the country in which you are located. ALSO, If you are under the age of 18, you agree that (a) you showed your parent(s) or guardian(s) this Terms of Use; and (b) you received their permission to agree to this Terms of Use, participate in the Program, AND submit your personal information to Cyber Care.

Country Minimum Age
United States 14
China, Switzerland, and all countries in the European Economic Area (excluding Portugal) 16
Algeria, Lebanon, and Portugal 18
All other countries 14

PRIVACY

Please review our Privacy Policy located at http://www.cybercare.info/privacy-policy/, which also governs your use of Cyber Care Website and/or Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Cyber Care Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Cyber Care Services, such as our Message Centre, and you can retain copies of these communications for your records. 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.

USE OF COMMUNICATION SERVICES

The Cyber Care Website 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

Cyber Care has no obligation to monitor the Communication Services. However, Cyber Care reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cyber Care reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Cyber Care 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 Cyber Care’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cyber Care does not control or endorse the Customer Content, messages or information found in any Communication Service and, therefore, Cyber Care 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 Cyber Care spokespersons, and their views do not necessarily reflect those of Cyber Care.

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 download the materials.

INTELLECTUAL PROPERTY COMPLAINTS

Cyber Care respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

COPYRIGHT

All content included in or made available through any Cyber Care Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cyber Care or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Cyber Care Service is the exclusive property of Cyber Care and protected by U.S. and international copyright laws.

All contents of the Cyber Care Website are: Copyright 2019 by Cyber Care and/or its suppliers. All rights reserved.

TRADEMARKS

Click HERE to see a non-exhaustive list of Cyber Care trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Cyber Care Service are trademarks or trade dress of Cyber Care in the U.S. and other countries. Cyber Care’s trademarks and trade dress may not be used in connection with any product or service that is not Cyber Care’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cyber Care. All other trademarks not owned by Cyber Care that appear in any Cyber Care Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cyber Care.

The names of actual companies and products mentioned in our websites and electronic assets may be the trademarks of their respective owners.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent.

ANY NOTIFICATION THAT DOES NOT ADHERE TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

The written DMCA Notice must include the following:

Identification of the copyrighted work claimed to have been infringed

Identification of the material that is claimed to be infringing and information to reasonably locate the material (i.e., the URL of the webpage containing the material).

Contact information of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, such as an address, telephone number, and email address that can be used as a method of communication.

A statement that the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LINKS TO THIRD PARTY SITES

The Cyber Care Website may contain links to other Website s (“Linked Sites”). The Linked Sites are not under the control of Cyber Care and Cyber Care is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cyber Care is not responsible for webcasting or any other form of transmission received from any Linked Site. Cyber Care is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cyber Care of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Cyber Care Website, you warrant to Cyber Care that you will not use the Cyber Care Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cyber Care Website in any manner which could damage, disable, overburden, or impair the Cyber Care Website or interfere with any other party’s use and enjoyment of the Cyber Care Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Cyber Care Website.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, Cyber Care or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Cyber Care Website and make personal and non-commercial use of the Cyber Care Services and only for intended purpose. This license does not include any resale or commercial use of any Cyber Care Service, or its contents, or any Customer Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Cyber Care Service or its contents, or any Customer Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Cyber Care or its licensors, suppliers, publishers, rightsholders, or other content providers. No Cyber Care Service and Website, nor any part of any Cyber Care Service and Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cyber Care. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cyber Care without express written consent. You may not use any meta tags or any other “hidden text” utilizing Cyber Care’s name or trademarks without the express written consent of Cyber Care. You may not misuse the Cyber Care Services. You may use the Cyber Care Services only as permitted by law. The licenses granted by Cyber Care terminate if you do not comply with these Terms of Use or any Service Terms.

Notwithstanding anything contrary in this Terms of Use and in the foregoing Section, should you wish to partner with Cyber Care, please visit http://www.cybercare.info/ for more information.

YOUR ACCOUNT

You may need your own Cyber Care account to use certain Cyber Care Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Cyber Care sells products only to adults, who can purchase with a credit card or other permitted payment method. If you are not 18 years of age and/or within the specified age limit as mentioned under the relevant provisions i.e., “AGE AND PARENT/GUARDIAN CONSENT REQUIREMENTS”, you may use the Cyber Care Website and Services only with involvement of a parent or guardian. Cyber Care reserves the right to refuse service, terminate accounts, terminate your rights to use Cyber Care Website and Services, remove or edit content, or cancel orders in its sole discretion.

MATERIALS PROVIDED TO Cyber Care OR POSTED AT ANY Cyber Care WEBSITE

Cyber Care does not claim ownership of the materials you provide to Cyber Care (including feedback and suggestions) or post, upload, input or submit to any Cyber Care Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission or Customer Content, you are granting Cyber Care, its affiliated companies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, publicly perform, reformat, translate, edit, create derivative works from, distribute, and display such Submissions or Customer Content throughout the world in any media and to publish your name in connection with your Submission or Customer Content. Notwithstanding the foregoing, your Submission and Customer Content is your exclusive responsibility. You represent and warrant that:-

(a) you own or control all relevant rights to Customer Content or Submission that you submit to Cyber Care;

(b) Customer Content (including, but not limited to, any Personal Information, as defined below) or Submission is accurate, truthful, and up-to-date;

(c) any use of Customer Content or Submission will not violate this Terms of Use, infringe a third party’s proprietary rights, or cause injury to Cyber Care or to any third person or Entity; and

(d) you will indemnify, defend, and hold harmless Cyber Care for all claims relating to Customer Content or Submission supplied to Cyber Care.

Further, you agree that you will not submit any Customer Content or Submission that is illegal, obscene, sexually explicit, threatening, libellous, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not submit Customer Content or Submission containing official personal identification numbers or codes (such as social security number, driver’s license number, passport or national identification numbers, policy numbers, bank account numbers, etc.), or highly sensitive personal information not related to the Cyber Care Services and/or Website (such as race, ethnicity, religion, religious/philosophical beliefs, political or union affiliation or opinions, medical or health information, sexual orientation, disability, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Submission or Customer Content. Cyber Care reserves the right (but not the obligation) to remove or edit such Submission or Customer Content.

No compensation will be paid with respect to the use of your Submission or Customer Content, as provided herein. Cyber Care is under no obligation to post or use any Submission or Customer Content you may provide and may remove any Submission or Customer Content at any time in Cyber Care’s sole discretion.

Notwithstanding anything foregoing, you may opt to remove your Submission or Customer Content from the Cyber Care Website at any time you wish.

USE OF THIRD PARTY PLATFORM

Subject to age and parent/guardian consent requirements, you may connect with us via social media or other online accounts which may be connected with Cyber Care. If you log into Cyber Care via Facebook or join Whatsapp Group, another third-party platform or service, you are bound by the terms and conditions of such third-party platform.

Notwithstanding anything contrary in this Terms of Use, Cyber Care’s Whatsapp group is a closed group and participation in this group is by invitation only. If you are a member of the Whatsapp Group, you agree that you will not (or assist others in using) use the third party platform in ways that:-

(a) violate, misappropriate, or infringe the privacy, publicity, intellectual property, or other proprietary rights of any other member and/or users;

(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting crimes;

(c) involve publishing falsehoods, misrepresentations, or misleading statements;

(d) impersonate someone;

(e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of Cyber Care Services unless otherwise authorized by us. The group admin shall have the sole discretion to add and/or remove any member of this group. However, you may exit the WhatsApp group at any time.

DISCLAIMER REGARDING CUSTOMER CONTENT AND SUBMISSION

The Cyber Care Website and Services are not storage services, and Cyber Care takes no responsibility and assumes no liability for Customer Content or Submission or any Third-Party Content. Cyber Care has no obligation to you to store, publish, maintain, or reproduce Customer Content or Submission or Third-Party Content (including any archived copies). Cyber Care does not—and has no obligation to—actively monitor Customer Content or Submission; however, Cyber Care has the right to monitor, edit, or remove any of Customer Content or Submission for any reason, with or without notice. Because we have no obligation to monitor Customer Content or Submission, IT IS YOUR RESPONSIBILITY TO ENSURE CUSTOMER CONTENT OR SUBMISSION IS ACCURATE AND UP-TO-DATE, in compliance with the Terms of Use; AND you should exercise great caution to NOT provide Cyber Care with any information you believe is sensitive.

YOUR SUGGESTION

If you provide any suggested improvements to the Cyber Care Service and/or Website, or any features, programs, or offerings offered through the Service or Website (“Suggestions”), Cyber Care owns all right, title, and interest in and to these Suggestions, even if you have designated them as confidential, and Cyber Care will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions, and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.

RISK OF LOSS

All purchases of physical items from Cyber Care are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Cyber Care does not take title to returned items until the item arrives at our center. For more information about our returns and refunds, please see visit http://www.cybercare.info/terms-of-use/

PRODUCT DESCRIPTIONS

Cyber Care attempts to be as accurate as possible. However, Cyber Care does not warrant that product descriptions or other content of any Cyber Care Service is accurate, complete, reliable, current, or error-free. If a product offered by Cyber Care itself is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by Cyber Care, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Cyber Care is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

SANCTIONS AND EXPORT POLICY

You may not use Cyber Care Website or any Cyber Care Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Cyber Care Website or Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Cyber Care Software), technology, and services.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the cyber care website and/or cyber care service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Cyber care and/or its suppliers may make improvements and/or changes in the cyber care website at any time. Advice received via the cyber care website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Cyber care and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the cyber care website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Cyber care and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall cyber care and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the cyber care website , with the delay or inability to use the cyber care website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the cyber care website , or otherwise arising out of the use of the cyber care website , whether based on contract, tort, negligence, strict liability or otherwise, even if cyber care or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the cyber care website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the cyber care website.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

TERMINATION/ACCESS RESTRICTION

Cyber Care reserves the right, in its sole discretion, to terminate your access to the Cyber Care Website and Cyber Care Service or any portion thereof at any time, without notice.

DISPUTES

Any dispute or claim relating in any way to your use of any Cyber Care Website and/or Service, or to any products or services sold or distributed by Cyber Care will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Terms of Use.

APPLICABLE LAW

By using any Cyber Care Website and/or Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Mexico, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Cyber Care. Further, the parties specifically exclude the application of United Nations Convention on Contracts for the International Sale of Goods.

Use of the Cyber Care Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cyber Care as a result of this Terms of Use or use of the Cyber Care Website. Cyber Care’s performance of this Terms of Use is subject to existing laws and legal process, and nothing contained in this Terms of Use is in derogation of Cyber Care’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Cyber Care Website or information provided to or gathered by Cyber Care with respect to such use. If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the user and Cyber Care with respect to the Cyber Care Website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cyber Care with respect to the Cyber Care Website. A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Terms of Use and all related documents be drawn up in English.

MODIFICATION OF THESE TERMS OF USE

Please review our other policies, such as our privacy policy, Trademark Usage policy etc., posted on this site. These policies also govern your use of Cyber Care Services. Cyber Care reserves the right to change the terms, conditions, and notices under which the Cyber Care Website and/or Cyber Care Service is offered, including but not limited to the charges associated with the use of the Cyber Care Website.

GRIEVANCE CONTACT

Cyber Care welcomes your comments regarding this Statement of Privacy. If you believe that Cyber Care has not adhered to this Statement, please contact Cyber Care at “contact“. We will use commercially reasonable efforts to promptly determine and remedy the problem.