Terms and Conditions

Terms and Conditions of Use and Sale

Welcome to concare.com. concare.com (this "Site" or "our Site") is provided by Concare, Inc. as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your unconditional agreement (this "Agreement") to follow and be bound by these Terms and Conditions of Use and Sale (these “Terms and Conditions”). Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. Concare, Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of our Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

Authority

You agree that you have the legal right and ability to agree to these Terms and Conditions and that you will use this Site in a manner consistent with these Terms and Conditions.

Privacy

Please review our Privacy Policy, which also governs your use of concare.com, to understand our privacy practices with respect to the collection, use and dissemination of information we collect about the users of our Site. Your use of this Site also constitutes your acceptance and agreement to accept the terms and conditions of our Privacy Policy and to be bound by its terms and conditions as though they were included in these Terms and Conditions in their entirety.

User Comments, Feedback and Other Submissions

All comments, feedback, messages, suggestions, ideas, and other submissions disclosed, submitted or offered to Concare, Inc. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Concare, Inc.. We welcome your Comments regarding this Site. Such disclosure, submission or offer of any Comments shall constitute an assignment to Concare, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Concare, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Concare, Inc. will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Concare, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to Concare, Inc. or in connection with your use of this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to Concare, Inc. or in connection with your use of this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You represent and warrant that you own or otherwise control all of the rights to the Comments you post or otherwise; that the content of any such Comments is accurate; that use of such Comments does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Concare, Inc., its successors and assigns for all claims resulting from Comments you submit.

Indemnification

You agree to defend, indemnify and hold Concare, Inc., its successors and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, incurred or suffered by Concare, Inc. arising from or related to your use of this Site or any Web site accessed from this Site.

Disclaimer

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Intellectual Property Information

The materials on this web site are Copyright © 2007 by Concare, Incorporated. All rights reserved. You are hereby authorized to view, copy, print and distribute these materials subject to the following conditions:

The materials may be used (a) for use in the purchase of services and products referred to at this web site by prospective customers for the benefit of Concare as contemplated by or in accordance with this web site; or (b) for informational, personal, or non-commercial purposes only.

Any copy of these materials or any portion thereof must include the above copyright notice.

Materials from this web site may not be copied or posted on any web site, network computer or broadcast in any media. No modifications of any materials may be made outside or beyond these specific purposes.

Concare may revoke or modify any of the foregoing rights at any time.

Use of materials from this web site for any other purpose is expressly prohibited.

Elements of this web site (e.g., the design or layout of this web site) are protected by service mark, trademark, and other laws and may not be reproduced, duplicated, copied, imitated, sold or otherwise exploited in whole or in part for any purpose that is not expressly permitted by Concare. No logo, graphic, sound or image from this web site may be copied or retransmitted unless expressly permitted in writing by Concare.

Concare and the Concare logo are trademarks or registered trademarks of Concare. All other product names mentioned herein are the trademarks of their respective owners.

Please note that any products, processes or technologies described in these materials may be the subject of other intellectual property rights reserved by Concare and are not licensed hereunder.

Disclaimer of Warranties

THE INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED TO YOU "AS IS," FOR YOUR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND, AND CONCARE DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. This information could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. Concare may make improvements and/or changes in the products and/or the services described in this material at any time. Moreover, the data on this web site represent typical values for the products mentioned herein. Since application variables are a major factor in product performance, this information should serve only as a general guide. Concare assumes no obligation or liability for use of this information.

UNLESS CONCARE AGREES OTHERWISE IN WRITING, CONCARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. CONCARE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Your only remedy for any product defect, nonconformity or performance issue is the replacement of the affected product, or a refund of its purchase price, at our option.

Additionally, Concare makes no representations or warranties whatsoever about any other web site that you may choose to access through this web site. Links provided by Concare to such web sites are provided solely for your convenience and should not be deemed to imply that Concare endorses those web sites or any content therein.

IN NO EVENT WILL CONCARE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES FOR USE OF THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF CONCARE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

Product Availability and Pricing

The prices and availability of products on this web site may change without notice to you at any time in Concare's sole discretion. Concare shall have the right to refuse or cancel any orders placed for product listed at incorrect price. Concare shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Concare shall promptly issue a credit to your credit card account in the amount of the charge. Unless Concare agrees otherwise in writing, the Terms and Conditions of Sale shall govern all sales of products and services by Concare as "Seller." Product Purchases

The purchase of any merchandise from Concare, Inc. is subject to the terms and conditions of the purchase agreement between Concare, Inc. and you relating to such transaction as well as these Terms and Conditions. Please carefully review the terms and conditions of any such purchase agreement prior to making such purchase. The making of such purchase shall be deemed to be acceptance and agreement with the terms and conditions of such agreement as well as these Terms and Conditions.

Local Laws

Concare controls and operates this web site from its headquarters at Melrose Park, Illinois, United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Information Concare publishes on the World Wide Web may contain references or cross references to Concare products and services that are not announced or available in your locality. Consult Concare (info@Concare.com) for information regarding the products and services that may be available to you. Unless otherwise explicitly stated, all marketing or promotional materials found on this web site are solely directed to individuals, companies or other entities located in the United States. If you use this web site from outside the United States of America, you are solely and entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Applicable Law

Any action related to these Terms will be governed by the law of the State of Illinois, without regard to the choice or conflicts of law provisions of any jurisdiction. By your use of this web site and the information contained hereon, you consent to the exclusive jurisdiction and venue of any state or Federal court located and having its situs in Chicago, Illinois and waive any objection based on forum non conveniens.

Terms and Conditions of Use and Sale Revisions

Concare may revise these Terms and Conditions of Use and Sale at any time without notice by updating this posting. Your continued use of the web site after such modifications have been made will constitute your acceptance of such revised Terms. This web site may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed.