Terms of Service
THESE TERMS OF SERVICE ("TERMS OF SERVICE") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF YOOCARE'S COMPUTER/MOBILE DEVICE SUPPORT SERVICE AND YOUR RELATIONSHIP WITH YOOCARE. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR SERVICE PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS.
"You" means you individually, any person, including any employer that you are acting on behalf of.
"YooCare" is the service mark of YooCare.com. All references to YooCare refer to YooCare.com.
"Subscription Based Plans"
"Subscription Based Plans" are tenured Subscription plans offered by YooCare that are active for a specified period and will also include incident based plans such as "Solo Plan" or the like.
"SERVICES" AND "YooCare PORTAL"
All references to "Services" refer to any YooCare service plan that you enter into with YooCare through use of the YooCare web portal located at www.YooCare.com (the "YooCare Portal") or by using the YooCare client software published on the web portal. These Terms of Service govern all plans available through the YooCare Portal, and any use of the YooCare Portal. In the event of any conflict these Terms of Service control any Plan Order form that you submit requesting Services ("Plan Order").
"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the YooCare Portal are the proprietary and copyrighted work of YooCare and/or its suppliers. The definition of other YooCare owned, operated, licensed or controlled site.
"Software" means a computer program or mobile application of any kind, whether owned by YooCare or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both YooCare Software and Third Party Software.
SUBMISSION OF PLAN ORDERS; SERVICE PLANS
You may order Services by submitting Plan Orders through the YooCare Portal. Once YooCare accepts the Plan Order submitted by you, then you will receive an email from YooCare at the email address that you provide or have provided to YooCare as part of the Registration Process for the Services. Upon acceptance by YooCare of a Plan Order, you will have access to your paid Service Plan and free software license.
Subject to the Terms of Service, and other terms specific to each Service Plan, YooCare will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, YooCare will attempt problem diagnosis and a solution over the Internet, through chat, email or other means as it deems most appropriate under the circumstances including remote access. You understand that if remote access is used on your computer/mobile device there will be essential software from the remote session; however, there may be some essential software installed on your computer/mobile device to help you keep away from the specific problem and a text file placed on your computer/mobile device to explain the work that was done on your computer/mobile device. If such software is installed and/or a text file is placed on your computer/mobile device, you have the option to either keep the application/file or to delete it from your computer/mobile device. All undertakings under Service Plans are subject to YooCare's Limited Warranty, which is set forth below.
If you initially sign up for a Per Incident, Monthly or Yearly account, you need to pay before your service is delivered. For Per Incident account owner, your payment will be one time only.
You understand that certain Service Plans may have onetime fee including, but not limited to "Service Fee" and/or "Activation Fee". This fee will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order.
Credit Card Billing. A valid credit card is required for paying accounts. You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize YooCare to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize YooCare and/or any other company who bills products or services, or acts as billing agent for YooCare to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide YooCare with updated credit card information upon YooCare's request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither YooCare nor any YooCare affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at YooCare's option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the Terms of Service established by the credit or debit card issuer.
CANCELLATION AND TERMINATION
1. You are solely responsible for properly canceling your account. An email, live chat or phone request to cancel your account is not considered cancellation. If you pay the Service via PayPal, you can cancel your account at any time in your PayPal account. Follow the official instructions to cancel the Service in your PayPal account. If you pay the Service via SafeCart, please contact our agents online and follow the instructions we provide.
2. If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be charged again.
3. YooCare, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other YooCare service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all information in your Account. YooCare reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
1. YooCare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the YooCare website (www.YooCare.com) or the Service itself.
3. YooCare shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
You understand that YooCare subscription will renew at end of your subscription cycle unless explicitly stated otherwise.
Your credit card or PayPal account will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with YooCare.
All YooCare services come with a money-back guarantee.YooCare provides 7-day service warranty for Per Incident service plans. In case that our experts couldn't resolve your computer/mobile device problem or our repair didn't work, contact YooCare back within 7 days of service delivery so we can either try to resolve your computer/mobile device problem again at no cost to you or provide you a full refund for the purchase price.
YooCare is not associated, affiliated, consorted, connected with any type of software or service identified as rogues or similar to disrupt a user's computer/mobile device experience. YooCare doesn't promote or sell any software to its subscribers in any way. YooCare experts may need to install certain tools to fix or repair your computer/mobile device properly, these tools will be completely uninstalled and none will be left once the problem has been solved.
The site, and all content provided on or through the site, are provided on an "as is" and "as available" basis, except where expressly provided otherwise. YooCare expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the site and all content provided on or through the site. YooCare makes no representation or warranty as to: (a) the site or content meeting your expectations; (b) the site will be available on a continuous, secure or error-free basis; (c) the quality of any content purchased or obtained by you on or through the site will meet your expectations; or (d) all other trademarks, company names, product names and brand names are the property of their respective owners, and YooCare disclaims any ownership in such third-party marks. YooCare bears no affiliation to any third party referenced on this site, unless such relationship is expressly specified herein. For permitted use and specific warranties, please contact the relevant third party/(ies).
This site and/or its content may not be extracted; published; disseminated; or reproduced in material form; and/or may not be incorporated into any contract and does not constitute a contract or a commitment to any specific terms, without the express written permission of YooCare. YooCare reserves the right to make ongoing changes or updates to, and monitor the use of, the site and content provided on or through the site at any time without notice.
The purposes of YooCare blog posts are to educate YooCare users to maintain their computers and mobile devices properly and easily on a daily basis. Any information provided is "as is" for references and educational purposes only. If you're not confident on your computer/mobile device skills like how to find and edit Windows Registry entries, operate your computer or mobile device in safe mode and other related operations, please contact YooCare experts 24/7. YooCare professionals are trained to resolve your computer/mobile device problems out of the box and our services are free during your paid YooCare subscription.
COLLECT PERSONAL INFORMATION
YooCare collects your Personal Information only where it is required in order to provide you the best services and products available. By maintaining an accurate customer database, we are able to send notifications via e-mail to keep you informed about the status of your orders or accounts and to provide updates and technical notices. These messages are essential to the maintenance of your subscription and the functionality of our products and services. YooCare does not intentionally collective "sensitive personal information," which induces, for example, Personal Information specifying medical or health conditions, racial or ethnic origin, or trade union membership.
YooCare collects your Personal Information at a variety of points, including when you visit the Web Site, subscribe a service letter, place an order, (which may require you to provide Personal Information, including a credit card number, to our payment provider PayPal), sign in YooCare client, request services or take part in other activities on our Web Site. When you register or subscribe our service letter, you will be provided with an option to opt-out of receiving promotional information on our products and services. Please be aware that if you prefer not to provide us with your Personal Information, because such information may be necessary for us to provide certain services, we may not be able to, or may choose not to, make such services available to you. YooCare uses the third-party Email managing software MailChimp (www.mailchimp.com) to manage all Email subscriptions. You can always unsubscribe our service letter by clicking the unsubscribe here button within the Email or go to the address http://yoocare.us11.list-manage.com/unsubscribe?u=107b64b95ee5dc1f66f9890bd&id=5e57dca852 and then enter your email to proceed.
CHOICE and OPT-OUT
If you no longer wish to receive the YooCare 's promotional communications, you may "opt-out" of receiving them by following the instructions included in each communication or by e-mailing the YooCare at firstname.lastname@example.org.
SHARE PERSONAL INFORMATION
YooCare is committed to protecting your privacy. YooCare will not, under any circumstances, rent or sell your Personal Information, nor does YooCare trade or exchange mailing lists with any other organization. YooCare may disclose your Personal Information, or other information that we receive in the course of our interactions with you, when we believe that disclosure is (a) required by law, (b) necessary to protect the rights, property or safety of YooCare or its employees, its customers, or others, and/or (c) is necessary to comply with a lawful request, court order, or legal process served on YooCare. If you choose to contact YooCare via YooCare client or online chat, there will be no information stored by YooCare. However, you may be asked to provide an email address and a valid username to get properly supported.
YooCare uses "cookies" to collect non-Personal Information that enables us to better understand and improve the usability, performance and effectiveness of YooCare's Web Site, and for reporting purposes to track sales. YooCare also uses a third-party affiliate platform CJ.com (http://www.cj.com/privacy_web_user.html）to track affiliate sales. The information that CJ.com collects and provides to YooCare is not personally identifiable and contains no Personal Information. Cookies are unique text files sent to your browser and stored on your computer/mobile device. We do not store any Personal Information with these cookies. If you do not want YooCare to attach cookies to your browser, you can set your browser options to reject cookies or notify you when the Web Site tries to put a cookie in your browser software.
PERSONAL AND NON-COMMERCIAL USE LIMITATION,
Unless otherwise specified, the Services, Materials and Software are for your personal and non-commercial use in addressing matters covered by your Service Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the YooCare Portal or any Services, you will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any YooCare server, or the network(s) connected to any YooCare server, or interfere with any other party's use and enjoyment of any of the YooCare Portal, the Materials, Software or Services. You may not attempt to gain unauthorized access to any YooCare Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any YooCare server or to any of the YooCare Portal, the Materials, Software or Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any YooCare Portal, the Materials, Software or Services or information through any means other than that specifically permitted to you under a Plan Order.
FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION: Though YooCare has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to YooCare's "fair use" policy. Under this policy, if at any time, in YooCare's sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, then YooCare reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, YooCare reserves the right to suspend or terminate any Subscription Services of any Subscriber that YooCare, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to YooCare; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
You may not create hyperlinks to any portion of the YooCare Portal, nor any Materials or Software posted therein.
You agree to indemnify, defend, and hold YooCare, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these Terms of Service, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in YooCare's defense of any claim. YooCare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of YooCare. You agree immediately to notify YooCare of any unauthorized use of your account or any other breach of security known to you.
LIMITED LICENSES TO USE THE YooCare PORTAL, MATERIALS AND SOFTWARE
As permitted through a Service, you may use Materials and Software published on the YooCare Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
GENERAL LICENSE RESTRICTIONS
Any other use of the YooCare Portal, Services, Materials or Software, other than as explicitly permitted by YooCare is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to YooCare and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
In connection with obtaining Services, you agree that you will:
Cooperate with the YooCare Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician's instructions. You must confirm that the following conditions are true:
- The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
- You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
- The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with YooCare support personnel.
- Software/data backup: You understand and agree that YooCare shall under no circumstance be responsible for any lost or corrupted software or data. YooCare strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
- Hardware status: You understand and agree that YooCare shall under no circumstance be responsible for any of your hardware problems and errors. YooCare can refuse to serve you or continue to serve you until you have a healthy hardware component installed.
- Hardware maintenance & replancement: You understand and agree that YooCare shall under no circumstance be responsible for maintaining or replacing any of your hardware components. YooCare only offers online services to troubleshoot your hardware issues and offer advices on how to maintain them properly.
- Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You also will choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify YooCare immediately of any unauthorized use of your account or any other breach of security. YooCare will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by YooCare or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES
You hereby acknowledge that circumstances outside of YooCare's reasonable control (e.g., acts of God, a large scale outbreak of a new computer/mobile device virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in YooCare's ability to schedule a support session. You hereby release YooCare from any and all liability, and agree that YooCare shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
YooCare or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
EXCLUSIONS FROM "SERVICES"
"Services" shall not include the following:
- Any item or activity not covered by the terms of a Plan Order;
- Service beyond the duration limitations identified in your Plan Order;
- Problem diagnosis and support that may not be completed because of a problem with your computer/mobile device or other equipment, or their configuration that is beyond our control;
- Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
- Problems that may and do result from:
- External causes such as accident, abuse, misuse, or problems with electrical power;
- Usage that is not in accordance with product instructions provided by manufacture;
- Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
- Problems caused by using accessories, parts, or components not compatible with the product.
- Non Compliance with the YooCare technician instructions for resolving the query.
NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE YooCare PORTAL, OR THROUGH A SERVICE
For your convenience, YooCare may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms of Service.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any YooCare Web site may be copied or retransmitted unless expressly permitted by YooCare.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.
END USER LICENSE AGREEMENTS (EULA) - GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by YooCare or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.
The Software may be accompanied by a EULA from YooCare or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the Terms of Service of the EULA.
EULA FOR YooCare SOFTWARE
With regard to any Software made available to you by YooCare through the YooCare Portal for which your acceptance of a separate license agreement is not required ("YooCare Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by YooCare to use the YooCare Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the YooCare Software. You agree that the YooCare Software is the confidential and proprietary information of YooCare or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the YooCare Software, or otherwise reduce the YooCare Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the YooCare Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the YooCare Software. You acknowledge that this license is not a sale of intellectual property and that YooCare or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the YooCare Software and related documentation, as well as any corrections, updates and upgrades.
THIRD PARTY SOFTWARE
As part of the Services, YooCare may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the Terms of Service set forth by such owners or licensees before installing Third Party Software, whether YooCare assists you in the acquisition, installation, and/or use of Third Party Software. YooCare has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the YooCare Software shall remain in full force and effect unless and until terminated by YooCare, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms of Service. Upon termination of your Service Plan for any reason, you must cease all use of the Service Plan and the YooCare Software and immediately delete the YooCare Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the Terms of Service under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
THIRD PARTY AGREEMENTS
As part of the Services, YooCare may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that YooCare may elect to make available from time to time. Violation of such third party provider's terms of service may, in YooCare's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY
Except for the limited warranty provided herein and to the maximum extent permitted by applicable law, or as expressly set out in these terms:
- (a) YooCare makes no warranties in relation to the YooCare software/tools, and the provision of or failure to provide support services; also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the YooCare Client (other than that YooCare is entitled to grant to you the rights set out in this EULA);
- (b) you will not under any circumstances have any cause of action against, or right to claim or recover from, YooCare for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the YooCare software/tools and support services or any breach of these terms.
- (c) subject to paragraph (b) above, the maximum liability of YooCare to you in respect of any breach of THE "AGREEMENT" or otherwise in respect of your use of the YooCare software/tools and YooCare services will be the amount you have paid YooCare for the subscription service and if you have not paid YooCare any amount for the subscription service, there will be no warranties or any kind from YooCare.
YooCare AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. YooCare AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YooCare AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL YooCare AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in no event shall YooCare be liable to you in excess of the amounts actually paid by you to YooCare under the Plan Order that is the subject of the dispute.
LIMITATIONS ON ACTIONS
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TERM AND TERMINATION
YooCare at its sole discretion may terminate or suspend your Service immediately without notice if, in the sole discretion of YooCare: (a) you are in breach of any of the Terms of Service (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, YooCare's network, or the use and enjoyment of YooCare's other users; (c) YooCare receives an order from a court to terminate the Service you are availing ; (d) if YooCare for any reason ceases to offer the Service; (e) if you are no longer a YooCare customer, or (f) YooCare determines that you are abusing the Service. YooCare, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. YooCare's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The YooCare Portal is available internationally and may contain references to YooCare products, services, and programs that are not available in a viewer's country. These references do not imply that YooCare intends to make such products, services, or programs available in such country.
YooCare reserves the right to amend the Terms and Condition, and the YooCare Portal at any time by (a) posting a revised version of the Terms of Service on the YooCare Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to YooCare in connection with registration. You are responsible for regularly reviewing the YooCare website to be notified of any amendments to the Terms of Service. Your use of the YooCare Portal, or the Services after an amendment to the Terms of Service shall be deemed acceptance by you of the amended Terms of Service.
This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the United States of America without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.