Terms and Conditions

Welcome to the Toghers website (www.toghers.com) including applications and services provided by Toghers Inc. (Toghers). This Website is made available by Toghers as part of our mission to support and educate family caregivers thus improving everyone’s quality of life.

By using the Website ( also referred to as “The Site”) or clicking on the button indicating your consent, you agree to these Terms and Conditions and the Toghers Privacy Policy. If you do not agree to these Terms, you must not use this Website. Toghers reserves the right, at its discretion, to modify these Terms at any time. Notification of changes to these Terms will be posted on the Service or sent via e-mail, and are effective immediately upon posting. Your continued use of the Website after such posting is your consent to be bound by the current Terms.

Please note that Toghers does not offer medical advice, diagnosis or treatment, nor does Toghers recommend or endorse any specific tests or physicians, products, procedures, opinions or other information that may be mentioned on The Site. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY.

Membership

You do not need to be a Toghers member to view the Toghers website. However, if you do register to become a member, you will be able to use additional features of the site, including establishing a personal profile, access to a neighborhood of your peers, access to purchase a self-care subscription, coach sessions, or Caregiver Plans and additional content on the Toghers website. As a member, you agree to provide true, accurate and complete information about yourself as prompted by the Toghers website including during the member registration process. You do not need to use your true or full name for your user name. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. By registering as a member and providing your email address, you hereby consent to Toghers contacting you via email for any purpose related to Toghers services (opt out details are provided in the Privacy Policy).

Subscription

Certain features of the Toghers website are available only through the purchase of a subscription. You agree to pay the monthly, quarterly, bi-annual or annual subscription charges set forth on the site, applicable taxes, and other charges incurred on your account in order to access the subscription services. Toghers reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice on the website. You agree to provide true, accurate and complete information as requested for billing purposes.

Subscription Cancellation

If you purchase a Self-Care Subscription and are dissatisfied at any time during that subscription period, you may request a refund the unused remainder of your subscription on a prorated basis.

Other Purchased Services

Certain features of the website are available only through a fee-based purchase. You agree to pay the charges set forth on the site, applicable taxes, and other charges incurred on your account in order to access the requested services. Toghers reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice on the website. You agree to provide true, accurate and complete information as requested for billing purposes

Security of Your Password

Toghers strongly recommends that you guard your password. You agree to keep your password secure and that a failure to do so could enable others to access your account and engage in transactions including the purchase of services and products. You agree that you are solely liable for all actions taken via your password, whether or not they are made with your knowledge or authority. If you suspect that someone may have obtained access to your password who does not have authority to act on your behalf, you should change your password as instructed on the My Toghers page. You grant Toghers and all other persons or entities involved in the operation of The Site the right to transmit, monitor, retrieve, store and use your information in connection with the operation of The Site.

Acceptable Use of Toghers Website content

Toghers grants you the right to access, use and display the information and materials provided on the website and through purchase on the website, only for your personal, non-commercial use in accordance with these Terms. Toghers reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the site including for violation of any provision of these Terms. Any rights not expressly granted to you herein are reserved to Toghers. No portion of this website is targeted to children under the age of 18 and no one under 18 is permitted to use the website. Toghers provides content to the website including but not limited to articles, data, photographs, text, data, software, video, logos, emails, newsletters, links, messages, audio, images, graphics, and other materials of any nature as well as the overall look and feel of the website. Unless you have explicit written permission from Toghers you may not a) alter or modify any content or materials b) reproduce, transmit or sell any content for any commercial purpose.

The Toghers website may allow you to upload, post, and/or distribute materials, including but not limited to, questions, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, podcasts, webinars, articles, links, logos, audio, video, images, graphics, messages and other content or materials of any nature ("Materials"), use the Service, and view, link, copy or download other's Materials on the Service, subject to the following conditions (as judged in Toghers' sole discretion):

1. You understand that all material you upload, post, and/or distribute to any public portions of the website are the sole responsibility of the person from which the Materials originated. You, and not Toghers, are entirely responsible for the Materials you transmit through the website. You understand that by using the website you may be exposed to Materials that are offensive, objectionable, indecent, or otherwise violate these Terms.
2. Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
3. Unless provided herein or you receive prior written consent from Toghers, you shall not upload to, distribute through or otherwise publish through the website any Materials that are commercial in nature or Materials that contain any solicitation of funds, promotion, advertising or solicitation for goods or services unrelated to the website.
4. Toghers reserves the right, but is not obligated, to review and remove any Materials that in its sole discretion it deems violate the Terms or are otherwise objectionable. Toghers also reserves the right to suspend or terminate your account and access to the website, if your activity or Materials breach any of the provisions of the Terms.
5. By posting, uploading or otherwise distributing your Materials through the website, you explicitly consent that other users of the website may post or forward such Materials to others who may or may not be users of Toghers and you grant to Toghers an irrevocable, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to your Materials for all purposes and uses, including without limitation, to use, copy, distribute, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Material.
6. You agree that Toghers may establish practices and limits concerning the use of the website. You agree that Toghers has no liability or responsibility for the storage or deletion of any Materials that you submit or post. Toghers reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
7. By posting, uploading or otherwise distributing your Materials through the website, you explicitly represent and warrant the content of your Materials, including without limitation, the accuracy, timeliness, appropriateness, truthfulness, and full disclosure related to the Materials and that the Materials are not misleading.
8. You also agree not to:
   1. "stalk" or otherwise harass anyone;
   2. upload to, distribute through, or otherwise publish through the website any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
   3. not to post or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
   4. post, upload or otherwise distribute any private, personally identifiable, financial, confidential, or proprietary information of another individual or entity without their written express permission;
   5. collect personal data about other users for commercial or unlawful purposes;
   6. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Toghers;
   7. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   8. upload to, distribute through or otherwise publish through the website any Materials which are indecent, libelous, defamatory, obscene, harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or in Toghers' sole discretion, are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law;
   9. attempt to gain unauthorized access to Toghers’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the website;
   10. create multiple user accounts by automated means or under false or fraudulent pretenses;
   11. sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise use any Toghers Content which is protected by trademarks, service marks, copyrights, or other intellectual property rights;
   12. reverse engineer any software associated with the website; or
   13. post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure or use any form of automated device or computer program that enables submission of postings on the website without each posting being manually entered by the author thereof.

Public Communication

You acknowledge and agree that any public communications made to or by means of any portion of the site may be public. You acknowledge that you have no expectation of privacy in any public communication section of the site and that no confidential, fiduciary, contractually implied or other relationship is created between you and Toghers by reason of your transmitting a public communication to any area of the site.

Privacy

The terms and conditions of Toghers privacy policy are set out in the section labeled “Privacy Policy” on the site, as they may be changed by Toghers at its discretion, and are incorporated herein and included in this agreement. Toghers will not divulge your details to a third party for commercial advertising reasons.

Information Disclosures

1. MEDICAL INFORMATION. THE INFORMATION (INCLUDING WITHOUT LIMITATION, CONTENT, MATERIALS, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS INTENDED SOLELY AS GENERAL INFORMATION AND IS NEITHER MEDICAL NOR HEALTHCARE ADVICE, MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. TOGHERS AND ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, AND USERS (COLLECTIVELY "AFFILIATES") DO NOT MAKE ANY GUARANTEES REGARDING THE CONFORMITY WITH ANY GOVERNMENT REGULATIONS REQUIRING THE DISCLOSURE OF PRESCRIPTION PHARMACEUTICAL PRODUCT INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER TOGHERS NOR ITS AFFILIATES ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE AND SERVICES IS SUBJECT TO THIS DISCLAIMER. TOGHERS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION OR OTHER MATERIAL ON THE WEBSITE OR RELATED SERVICES.
2. GENERAL. YOU AGREE THAT TOGHERS SHALL NOT BE LIABLE IN ANY WAY FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION, OR FOR ANY ACTION OR INACTION TAKEN BY YOU RELYING UPON THE INFORMATION. YOU FURTHER AGREE THAT TOGHERS WILL NOT BE LIABLE IN ANY WAY FOR THE INTERRUPTION OR CESSATION IN THE PROVIDING OF ANY DATA, INFORMATION, OR OTHER ASPECT OF THE WEBSITE OR SERVICES. TOGHERS IS NOT RESPONSIBLE FOR, AND MAKES NO WARRANTIES REGARDING, THE ACCESS, SPEED, OR AVAILABILITY OF THE INTERNET IN GENERAL OR THE SERVICE IN PARTICULAR. TOGHERS RESERVES THE RIGHT TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ALL OR ANY PORTION OF THE WEBSITE OR SERVICES WITH OR WITHOUT NOTICE.
3. NO REFERRALS OR ENDORSEMENTS. THE WEBSITE IS NOT A REFERRAL SERVICE OF ANY KIND, INCLUDING FOR HEALTHCARE, ELDERCARE, OR ANY OTHER PROFESSIONAL SERVICES. THE INFORMATION (INCLUDING WITHOUT LIMITATION, ADVERTISING, CONTENT AND MATERIALS) POSTED ON THE SERVICE DOES NOT CONSTITUTE OR INDICATE TOGHERS' ENDORSEMENT OF THE INFORMATION OR AN ENDORSEMENT OR REFERRAL OF THE INDIVIDUAL OR ENTITY ADVERTISING OR POSTING SUCH INFORMATION INCLUDING INFORMATION POSTED BY USERS. THROUGH THE SERVICE YOU MAY GET ACCESS TO INDIVIDUALS OR ENTITIES, HOWEVER, YOUR CHOICE TO CONTACT OR DO BUSINESS WITH ANY OF THESE INDIVIDUALS OR ENTITIES IS YOUR SOLE RESPONSIBILITY AND TOGHERS IS NOT INVOLVED IN ANY TRANSACTIONS YOU HAVE WITH ANY THIRD PARTIES.

Intellectual Property

The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology associated with the Materials or Content on the Website and the Website itself are owned or licensed by Toghers. Except as expressly provided herein, neither Toghers nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. Toghers reserves the right to license portions of the Website and services, including without limitation, for commercial use for a fee. No intellectual property ownership rights are or will be assigned to you. You shall not infringe any of the intellectual property rights associated with Toghers' Content.

Toghers will not knowingly tolerate infringement of anyone's intellectual property rights on the Website, and reserves the right to block, disable, or otherwise remove any Materials from the Website as well as terminate your access to the website if you engage in copyright or other intellectual property infringement.

If you believe that any Content or Materials on the Website infringe your copyrights, please contact Toghers’ copyright agent, who can be reached by mail at Copyright, Toghers Inc., 1416 Whitehall Drive, Unit H, Longmont, Colorado, 80501 or email at copyright@toghers.com.

You must include the following information:

1. a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office);
2. the location of the allegedly infringing material on the Website,
3. your signature (digital or hard-copy),
4. your address, telephone number, and e-mail address, and
5. a notarized statement that:
   1. the statement is true and correct, “under penalty of perjury”, and
   2. you are the copyright owner or authorized to act on the copyright owner's behalf; and
   3. you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law)

Indemnity

You agree to indemnify and hold Toghers and its Affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your Materials, your use of the Website, your violation of these Terms, or your violation of any third party's rights including intellectual property, proprietary, or privacy rights.

Disclaimer of Warranty

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSABLE BY LAW, TOGHERS MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY TOGHERS. TOGHERS DOES NOT WARRANTY A) THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR WILL LACK VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR B) THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Assumption of Risks

Your interactions with other users are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Toghers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of this Website, or between users and any third party, you understand and agree that Toghers is under no obligation to become involved and is not subject to any liability.

Limits of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TOGHERS, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE OR SERVICES, OR TO ANY BREACH OF THESE TERMS, EVEN IF TOGHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. TOGHERS, ITS LICENSORS, AND AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $100.00. TOGHERS, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of related to the use of The Site, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be FOREVER BARRED,

Other Users, Links, and Advertisers

The Website may contain Materials posted by users who may offers good and/or services, ads, or other links to third party websites that are not under the control of Toghers and by virtue of your use of The Site, you acknowledge, understand and agree that Toghers is not responsible for any Materials, ads, content on any linked website. Toghers does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or information, content, products or services accessible from such third-party sites. If you choose to do business with a user or access a third party website from the website, you do so at your own risk. Toghers provides Materials, ads, and links as a convenience and the inclusion of such material does not imply that Toghers endorses or accepts any responsibility for the related to this material or the content of third-party websites. Your dealings with or participation in promotions of advertisers or other users found on the website, including payment and delivery of goods or services, and any other terms (including but not limited to warranties) are solely between you and such advertisers. You agree that Toghers shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or users.

International Usage

This Website is controlled and operated by Toghers from its offices within the United States of America. Toghers makes no representation that the Service is appropriate or available in other locations. Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws.

Modifications

Toghers reserves the right at any time to modify, suspend or discontinue the website and services. You agree that Toghers shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Service.

General

You expressly agree that exclusive jurisdiction for any dispute with Toghers, or in any way relating to your use of the Toghers Site, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving Toghers or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Trademark and Copyright Notice

Toghers owns trademarks and service marks related to the Toghers website, the Toghers name, and the term Caregiver Coach, and reserves all rights therein. Copyright © 2008. All rights reserved. The material contained in the Licensed Content is provided for informational purposes only and should not be construed as medical advice or instruction. No action should be taken based upon the information contained in the Licensed Content. Consult an appropriate health professional for advice relating to a medical problem or condition.

Headings

The section titles in these Terms of Use are for convenience and have no legal or contractual effect.

Policy with Regard to Suspected Abuse

Toghers is committed to obeying the law, and the safety of its patrons. You expressly agree that Toghers, its officers and affiliates have your consent and authorization to take notice of, report and convey to the appropriate agency or law enforcement any and all suspected abuse pertaining to care givers, the people under their care or peripheral individuals or groups who may be in contact with the care givers or the people under their care. You specifically waive any and all claims against Toghers relating to taking notice of, compiling information about, reporting or cooperating with appropriate agencies, regardless of whether or not said activities result in a conviction, fine, investigation or change of circumstance. You agree that Toghers is under no contractual obligation with you to take note of, compile, or report suspected abuse, and that Toghers may do so at its sole discretion. Failure to exercise any right invested in Toghers does not constitute a permanent waiver of this or other rights.

Termination

As a Toghers subscriber or member, you agree that Toghers may, under certain circumstances and without prior notice, immediately delete your Toghers subscription, membership and or access to The Site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in Togher’s sole discretion and that Toghers will not be liable to you or any third-party for deletion of your Toghers subscription, membership or access. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Entire Agreement

These Terms, as amended, any registration forms, and any agreement between you and Toghers constitute the entire agreement and superceding any prior agreement or understanding between you and Toghers. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.