Terms of Service

  Terms of Service Last Updated Date: May 1, 2015 CONNECTMEMORE LLC. (“CONNECTMEMORE LLC” or “we”) provides an online service to help family, friends and caregivers communicate, organize, store and manage information related to the care of parents, loved ones and other third parties through our system (the “OLLIE Services”) including our website accessible at console.WEBSITE (the “Site”) and OLLIE (the “OLLIE”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site, OLLIE Services and Collective Content (defined below), and constitute a binding legal agreement between you and CONNECTMEMORE LLC. Key Content-related Terms “Member Profile” means a collection of Member Content related to the care of a specific individual or group of individuals. “Content” means text, graphics, images, software, audio, video, information or other materials. “OLLIE Content” means Content that CONNECTMEMORE LLC makes available through the OLLIE Services including any Content licensed from a third party, but excluding Member Content. “Coordinator” means a person who completes CONNECTMEMORE LLC’s account registration process, as described under the “Account Registration” section below. “Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the OLLIE Services. “Collective Content” means, collectively, OLLIE Content and Member Content.   We understand that content related to the care of family, parents, loved ones and other third parties  is sensitive and private in nature. If you choose to share access to a member profile with any third party via the OLLIE Services, please note that such third party will be able to access, view, share, distribute and download the content contained in such member profile, without restriction, and will also be able to upload content to the member profile that can be accessed, viewed, shared, distributed and downloaded within and from such member profile. Accordingly, we recommend that you protect your private and sensitive information and consider carefully which third parties you permit to access your member profiles. Please note that you, and not CONNECTMEMORE LLC, are responsible for maintaining and protecting your member content. CONNECTMEMORE LLC will not be liable to you for any loss or corruption of your member content, including, but not limited to, any content contained in member profiles, or for any costs or expenses associated with backing up or restoring any of your member content. In addition, the OLLIE Services are not intended to provide medical information or replace the advice of a healthcare professional. Any content posted via the OLLIE Services should be designed to support, not replace, the relationship that exists between a member and his or her physician or healthcare professional. All members are responsible for monitoring the member content uploaded or added to their member profiles, whether such member content is uploaded by the member or by third parties. Certain areas of the Site (and your access to or use of certain aspects of the OLLIE Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, OLLIE, OLLIE Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, OLLIE, OLLIE Services or Collective Content, as applicable. You acknowledge and agree that, by accessing or using the OLLIE Services, or by downloading, uploading or posting any content from or on the Site or through the OLLIE Services, you are indicating that you have read, and that you understand and agree to be bound by, these terms, whether or not you have registered via the Site. If you do not agree to these terms, then you have no right to access or use the Site, OLLIE Services or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. Modification CONNECTMEMORE LLC reserves the right, at its sole discretion, to modify, discontinue or terminate the OLLIE Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modified Terms and alert you to the modified Terms on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the OLLIE Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and OLLIE Services. Eligibility The Site and OLLIE Services are intended solely for persons who are 13 or older. Any access to or use of the OLLIE Services by anyone under 13 is expressly prohibited. By accessing or using the OLLIE Services you represent and warrant that you are 13 or older. Using the OLLIE Services You can use the OLLIE Services to help organize, store, manage, access, view and share information related to the care of family members, loved ones or other third parties, or your own care, whether you are the creator of a Member Profile or you access a Member Profile created by a third party via the OLLIE Services. Through the OLLIE Services, you can (i) upload Member Content related to care of a family member, loved one or other third party, or your own care, to create a Member Profile; (ii) utilize tools and other features of the OLLIE Services to organize and manage such Member Profiles and (iii) share access to your Member Profiles with other Members to help manage care among multiple caregivers. As noted above, any individuals with whom you choose to share access to a Member Profiles will be able to access, view, share, download and distribute all Member Content contained in such Member Profile and upload their own Member Content which will then be available to be accessed, viewed, shared, downloaded and distributed via the applicable Member Profile. Accordingly, we recommend that you consider carefully before inviting third parties to access any of your Member Profiles. Account Registration In order to access certain features of the OLLIE Services, including to (i) create and manage a Member Profile and (ii) post any Member Content through the OLLIE Services, you must register to create an account (“Account”) and become a Member. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CONNECTMEMORE LLC reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. Your will be asked to create a password when you create your Account. CONNECTMEMORE LLC does not have access to your passwords and if you forget your password you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify CONNECTMEMORE LLC of any unauthorized use of your Account. Payment Terms Except when a Member chooses to create one or more Member Profiles, CONNECTMEMORE LLC makes the OLLIE Services available to Members without charge. If a Member chooses to create one or more Member Profiles, such Member will be able to use the OLLIE Services only if such Member (i) is using the OLLIE Services during a Free Trial (defined below) or (ii) has made a payment to CONNECTMEMORE LLC in the amount of the monthly subscription fees for creation of one or more Member Profiles (“Subscription Fees”) or (iii) has purchased a “Lifetime Subscription” or (iv) has otherwise paid CONNECTMEMORE LLC for use of the OLLIE Services, depending on the payment options made available by CONNECTMEMORE LLC to its Members.  If you have purchased a Lifetime Subscription, you are not required to pay any additional monthly fees for use of your OLLIE with the Member account to which it is originally assigned.  Transfer of the Lifetime Subscription to a new Member is prohibited.  A Lifetime Subscription includes basic service and operation of the OLLIE and does not automatically include additional features and functions that may be offered by OLLIE at additional extra charge.  Should you choose to add new features or functions to your OLLIE as they may be offered by OLLIE from time to time, additional charges may apply.   Please note that if you are invited to access a Member Profile that is created by another Member, you will not be responsible for any Subscription Fees related to such Member Profile. However, if as a Member, you choose to create one or more Member Profiles, after the Free Trial (defined below), you will be responsible for, and you agree to pay to CONNECTMEMORE LLC, the Subscription Fees related to any Member Profiles you create via the OLLIE Services. Accordingly, if your only use of the OLLIE Services is to access to one or more Member Profiles created by other Members, you will have no payment obligation to CONNECTMEMORE LLC related to your use of the OLLIE Services. As a Member, if you choose to create one or more Member Profiles, CONNECTMEMORE LLC may, at their choosing, enable you to use the OLLIE Services without charge for a period determined by CONNECTMEMORE LLC from the date create your first Member Profile (the “Free Trial”). Your Account will automatically terminate at the end of the Free Trial unless you select the option to continue using the OLLIE Services, which option will be presented to you before the end of the Free Trial. In connection with your creation of one or more Member Profiles via the OLLIE Services, you will be asked to provide customary billing information such as name, billing address and credit card information to a third party payment processor. You agree to pay CONNECTMEMORE LLC for your use of the OLLIE Services in accordance with these Terms and you hereby authorize the collection of such amounts by charging the credit card provided by you, by CONNECTMEMORE LLC’s third party online payment processor. When you are directed to CONNECTMEMORE LLC’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. The entire Subscription Fee will be payable in advance. All Subscription Fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are normally payable in United States dollars unless otherwise indicated during the payment process. If for any reason you have not paid the Subscription Fees due and owing for your use of the OLLIE Services, your access to the OLLIE Services may be terminated or, in our sole discretion, we may enable you to access and view your Member Content in read only form, for a period of time not to exceed one (1) year, in order to enable you to pay the Subscription Fees due and resume your use the OLLIE Services. Please note that your ability to use the OLLIE Services pursuant to the monthly subscription fees will automatically renew each month unless you notify CONNECTMEMORE LLC of your desire to terminate your use of the OLLIE Services before the end of the current monthly term. Consequently, you agree to pay CONNECTMEMORE LLC the subscription fees on a monthly basis and you authorize CONNECTMEMORE LLC or its third party payment processors to charge your credit card on the day of each month the subscription fees were initially paid by you to CONNECTMEMORE LLC for your use of the OLLIE Services. You may cancel your use of the OLLIE Services by contacting CONNECTMEMORE LLC at support@ConnectMeMore.com Privacy See CONNECTMEMORE LLC’s Privacy Policy for information and notices concerning CONNECTMEMORE LLC’s collection and use of your personal information. Ownership The Site, OLLIE, OLLIE Services and OLLIE Content are protected by copyright, trademark, and other laws of Canada, the United States and foreign countries. You acknowledge and agree that the Site, OLLIE Services and OLLIE Content, including all associated intellectual property rights, are the exclusive property of CONNECTMEMORE LLC and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, OLLIE Services or OLLIE Content.. Licenses Granted by CONNECTMEMORE LLC to OLLIE Content and Member Content Subject to your compliance with the terms and conditions of these Terms, CONNECTMEMORE LLC grants you a limited, non-exclusive, non-transferable license to view, download and print any OLLIE Content solely for your personal and non-commercial purposes. In addition, only if you are invited to share access to a Member Profiles by the Member(s) who created such Member Profiles, subject to your compliance with the terms and conditions of these Terms, CONNECTMEMORE LLC grants you a limited, non-exclusive, non-transferable license to view, download and print Member Content contained in the Member Profile to which you are provided access. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, download, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, OLLIE Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CONNECTMEMORE LLC or its licensors, except for the licenses and rights expressly granted in these Terms. License granted by Member We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the OLLIE Services, you hereby grant to CONNECTMEMORE LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense to third parties with whom you choose to share access to one or more of your Member Profiles, to access, use, view, copy, adapt, reformat, download, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content only on, through or by means of the OLLIE Services and for the limited purpose of making such Member Content available to you and the third parties with whom you choose to share access to one or more of your Member Profiles via the OLLIE Services. CONNECTMEMORE LLC does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the OLLIE Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the OLLIE Services or you have all rights, licenses, consents and releases that are necessary to grant to CONNECTMEMORE LLC the rights in such Member Content, as contemplated under these Terms, including the provision to CONNECTMEMORE LLC of Personal Information (as defined in the CONNECTMEMORE LLC Privacy Policy) about third parties as part of Member Content, including, in particular, the third parties who are the subject of the more Member Profiles); and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or CONNECTMEMORE LLC’s use of the Member Content (or any portion thereof) on, through or by means of the OLLIE Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, including the provision to CONNECTMEMORE LLC of Personal Information about third parties including, in particular, the third parties who are the subject of the more Member Profiles, as part of Member Content. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the OLLIE Services (“Feedback”). You may submit Feedback by emailing us at support@ConnectMeMore.com, or via the Help and Feedback link on the Site. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.   General Prohibitions You agree not to do any of the following: · Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. · Use, display, mirror or frame the Site, or any individual element within the OLLIE Services, CONNECTMEMORE LLC’s name, any CONNECTMEMORE LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CONNECTMEMORE LLC’s express written consent; · Access, tamper with, or use non-public areas of the Site, CONNECTMEMORE LLC’s computer systems, or the technical delivery systems of CONNECTMEMORE LLC’s providers; · Attempt to probe, scan, or test the vulnerability of any CONNECTMEMORE LLC system or network or breach any security or authentication measures; · Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CONNECTMEMORE LLC or any of CONNECTMEMORE LLC’s providers or any other third party (including another user) to protect the Site, OLLIE Services or Collective Content; · Attempt to access or search the Site, OLLIE Services or Collective Content or download Collective Content from the OLLIE Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CONNECTMEMORE LLC or other generally available third party web br