Terms of Use

This agreement sets forth the terms and conditions that apply to the use of the Internet Web site owned and operated by CarePlus Financial, Inc., a California corporation and located in Burbank, CA or on the Internet at https://careplusfinancial.com and/or related sites as they may be established in the future. By using Careplusfinancial.com you agree to be bound by the terms and conditions of this agreement and CarePlus Financial’s Privacy Policy as they may be amended from time to time in the future.

Accepting the Terms

You may not use the site and may not accept the agreement if your are under 18 years of age.

By accessing, viewing downloading or otherwise using the information, tools, features or any other functionality provided by CarePlus Financial and located on Careplusfinancial.com (referred to as “our services” in the rest of this document) you agree to be bound by this agreement. This agreement applies to visitors to the site who have not logged in “visitors” as well as those who have logged in to the site “members”. In this document the terms “you” and “user” refer to both visitors and members. If you do not wish to be bound by this agreement do not use our services and do NOT create an account.

We encourage you to read this agreement fully and to print a copy for your records before utilizing our services and in particular before creating an account or making any purchase.

Privacy

For information about how any personal information you might submit to us will be treated, please read our Privacy Policy, which is hereby incorporated into this agreement. This policy may change in the future at our discretion. Changes to our privacy policy will be effective upon posting on our web site.

Description of the Service

CarePlus Financial offers personal finance information and educational services. Some of the services are offered without charge (free). We also offer products and services for fees. If you utilize any of the services that we offer for a charge you agree to pay the applicable fees (including, but not limited to, any monthly fees for certain access rights) in a timely manner plus all related taxes. Failure to pay the fees required for those services will result in termination of the service. Termination of fee based services due to non-payment may or may not affect your access to the services we offer without charge.

CarePlus Financial Offers and Third-Party Links

Some parts of our service may be supported by sponsored links from advertisers. We may also display CarePlus Financial Offers that may be custom matched to you based on information stored in our service database, queries made through our service or other information.

Some links will take you to other web sites belonging to advertisers and other third parties. CarePlus Financial does not endorse, warrant or guarantee the products or services offered by any advertiser. CarePlus Financial is not an agent for nor otherwise responsible for the activities of policies of those web sites. CarePlus Financial does not warrant or guarantee that the services, terms or rates displayed in any advertiser link on our service with actually be the services, terms or rates offered to you if you choose to pursue the advertised offer. We also do not have any knowledge as to whether the services, terms or rates offered by any advertiser are the best available to you in the market.

Your Personal Information/Registration Information

When you click on the Create new account link to register you will be required to submit certain personal information as part of the account creation process. When creating an account you represent and warrant that you (a) are of legal age; (b) are not a direct competitor of CarePlus Financial (c) do not have more than one account with CarePlus Financial at any given time; and (d) are providing accurate information and are not in any way misrepresenting your identity, including but not limited to providing false address, email address or phone number.

By providing us with your email address you agree to receive all notices electronically, to that email address. Notices will be provided in HTML in the text of the email or through a link to the appropriate page on our site, which will be accessible through any standard, modern, freely available Internet browser.

You agree to update the email address associated with your account any time you change email addresses. You further acknowledge and agree that we shall have not liability associated with or arising from your failure to maintain accurate contact information on our services, including but not limited to your failure to receive critical information about our service.

Keep your password secure! It is your responsibility to keep your password confidential. Do not let anyone else use your account. Do not use any other user’s account. We can not be held liable for anything that happens to your account as a result of your failure to maintain the confidentiality of your password. If you believe that someone else has obtained your password in some way promptly notify us at customerservice@careplusfinanical.com so we can immediately deactivate your account to prevent unauthorized access from that point forward.

Your use of our Service

Your access to Careplusfinancial.com and our service is personal to you and is not transferrable by you to any other person or entity. You are only entitled to access and use Careplusfinancial.com for legitimate lawful purposes. You agree to review and comply with notices sent by CarePlus Financial concerning our services.

CarePlus Financial will grant you access to our services as they may exist or be available on any given day. We may modify, replace, revise, discontinue any or all of our services at our sole discretion. We reserve the right to change the fees charged for our services as we deem necessary. All of these changes shall be effective as of the time they are posted on our site or your are notified by email, unless otherwise specifically stated in the notice we issue. We reserve all rights not expressly granted in this agreement including, without limitation, title, ownership, intellectual property rights, and any other rights pertaining to CarePlus Financial and all its related products and services.

CarePlus Financial reserves the right to remove, discard, or prevent access to any content available on our services or connected to any user’s account with our without notice. For clarity, CarePlus Financial is under no obligation to store, maintain or provide copies of content that you or other users provide while using our services.

You agree to defend, indemnify and hold harmless CarePlus Financial and its officers, directors, shareholders, and employees from and against any and all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by YOU.

Automated Alerts

CarePlus Financial may provide automated email alerts and notices related to your account activity or services. An example these alerts may include emails generated when you change your email address, password or other registration information.

Some of these alerts may be voluntary and others may not be. You will have the ability to turn voluntary alerts off as you see fit. Certain alerts that we deem to be security related will not be voluntary and you will not be able to turn those off.

All alerts will be sent to the email address associated with your account and any changes to that address will change the address the alerts are sent to.

You understand and agree that any alerts we may provide through our service may be delayed or prevented by a variety of factors. We do our best to provide alerts in a timely manner with accurate information. However CarePlus Financial can neither guarantee the delivery nor the accuracy of any alert. You also agree that CarePlus Financial shall not be liable for any delays, misdirected delivery or delivery failures; for any errors in the content of any alert; or for actions you, or any third party, may or may not take in reliance on any alert.

Forums, Blogs and Other Content you Post

As part of our service we may allow members to post content on forums, blogs or other publicly available locations on careplusfinnaical.com. By posting any such content to the site you agree to follow certain rules:

You are responsible for all content you post on Careplusfinancial.com

1. By submitting content to us, you represent that you have all necessary rights to do so. You may not post any content that infringes on another’s copyright or any other property rights. This includes any and all unauthorized text, photographs, images, trade secrets, source code or any proprietary or confidential information belonging to another. You may not post content that uses any trademarks or service marks in an infringing fashion.
2. When you post content to our site you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferrable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Careplusfinancial.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats or through any media channels.
3. You acknowledge that we can not prevent other users from copying or otherwise redistributing publicly available content. Therefore you grant each user a non-exclusive right to access your posted content through Careplusfinancial.com and to use reproduce, distribute, prepare derivative works of or display or perform such content as may be permitted through the functionality of Careplusfinancial.com and under this Agreement.
4. You may not post content that that is libelous, defamatory or which discloses private or personal matters concerning any person whether or not that person is a user of our services. You may not post any content that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive. You may not post any content that violates any law or would give rise to civil liability, or that is otherwise inappropriate.
5. You may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitations for users to use goods or services provided by you or anyone else.
6. You agree that any personal, employment or other relationship you form or attempt to form with any person resulting from contact through the public areas of Careplusfinancial.com is between you and that other person, not with us.
7. You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls or any other unsolicited communications to individuals whose contact information you obtained through our site are strictly prohibited. If you receive such unsolicited communications from another user of the site you must report them to abuse@careplusfinancial.com. Violation of this rule may result in termination of services.

Interference

You agree that you will not:

1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs algorithms or methodologies to access, acquire, copy or monitor Careplusfinancial.com or any portion of our services without the express written consent of CarePlus Financial, Inc.
2. Use or attempt to use any engine, software, tool or other device, agent or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Careplusfinancial.com other than search engines or search agents available through our service and other than generally available search services such as Google.
3. Post, upload or otherwise transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Careplusfinancial.com or our services.
4. Attempt to disassemble, decipher, decompile or reverse-engineer any of the software comprising or an any way making up part of Careplusfinancial.com or our services.
5. Adapt, modify or create derivative works based on Careplusfinancial.com, our services or the underlying technologies in whole or in part;
6. Remove, cover or otherwise obscure any form of advertisement included as part of Careplusfinancial.com
7. remove any copyright, trademark or other proprietary rights notices contained in or on Careplusfinancial.com, including those of CarePlus Financial, Inc. or any of its licensors;

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH CAREPLUSFINANCIAL.COM OR PROVIDED THROUGH OUR SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CAREPLUS FINANCIAL MAKES NO REPRESNETATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF CAREPLUS FINANCIAL.COM OR OF OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK.

CAREPLUS FINANCIAL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON CAREPLUSFINANCIAL.COM OR OF OUR SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

SHOULD CAREPLUS FINANCIAL OFFER ANY SERVICES THAT CARRY ANY EXPRESS WARRANTIES OR GUARANTEES, CAREPLUS FINANCIAL DISCLAIMS ANY IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES NOT EXPRESSLY STATED IN THE GUARANTEE DOCUMENTS CONNECTED TO THOSE SPECIFIC SERVICES. ANY EXPRESS GUARANTEES APPLY ONLY TO THE SERVICES NAMED IN THE GUARANTEE AND DO NOT APPLY TO ANY OTHER SERVICE OFFERED THROUGH CAREPLUSFINANCIAL.COM OR OTHERWISE OFFERED BY CAREPLUS FINANCIAL, INC.

Not a Lawyer, Financial Planner, Broker or Tax Advisor

NEITHER CAREPLUS FINANCIAL NOR OUR SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR INVESTMENT ADVICE. CAREPLUS FINANCIAL IS NOT A LAW FIRM, FINANCIAL PLANNER OR TAX ADVISOR. Our service is intended only to assist you in managing your finances by providing you with information and educational assistance. We may offer specific guidance tailored to individual financial situations but under no circumstances will that guidance include legal, tax or investment advice.

Limitations on CarePlus Financial’s Liability

CAREPLUS FINANCIAL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVNUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO CAREPLUSFINANCIAL.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF CAREPLUS FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CAREPLUS FINANCIAL’S LIABILITY TO YOUR FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE SUM TOTAL OF ALL FEES YOU MAY HAVE PAID TO CAREPLUS FINANCIAL OR $500 (FIVE HUNDRED DOLLARS) WHICHEVER IS GREATER.

Modifications

CarePlus Financial may modify this Agreement from time to time. Any changes to this Agreement will be posted on the Careplusfinancial.com website. The Agreement will always show the date of the last revision. You are deemed to accept the terms of the revised Agreement and be bound by it if you use our services after changes are posted.

Governing Law and Forum for Disputes

This Agreement and your relationship with CarePlus Financial under this Agreement, shall be governed by the laws of the State of California.

In the event a dispute shall arise between you and CarePlus Financial, or its officers, directors, employees, agents or affiliates under or in relation to this Agreement that can not be resolved through direct communication, the parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of the American Arbitration Association. The parties agree to share equally in the costs of the mediation. The mediation shall be conducted by an appropriate qualified Mediator acceptable to both parties.

Miscellaneous

If any portion of this Agreement is deemed unlawful or unenforceable, the Agreement as a whole shall not be deemed unlawful, void or unenforceable. Only that portion of the Agreement that is deemed unlawful, unenforceable or void shall be stricken from the Agreement while the rest of the Agreement shall remain in full force.

You agree that CarePlus Financial’s failure to enforce or exercise any legal right or remedy which is contained in this Agreement does not constitute a waiver of CarePlus Financial’s rights under this Agreement and that those rights or remedies will still be available to CarePlus Financial.

All covenants, agreements, representations and warranties made in this agreement shall survive your termination of this Agreement and our services.

This Agreement represents the entire agreement between you and CarePlus Financial regarding the use of its services and any additional services that may be provided in the future. This Agreement supersedes all other previous agreements.