Welcome
Welcome to the Dizzy Care Network website and related sites and digital and online services (“Dizzy Care Network Site” or the “Site”), an information and communications service provided by Dizzy Care Network and all affiliates (“Dizzy Care Network” or “We” or “Us”). These Terms of Use cover the uses for all of this Site, although additional conditions, restrictions, and policies posted or referenced on the Site may also apply.
NOT MEDICAL ADVICE
The content, products, and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This Site and its services do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this Site represents or warrants that any particular service or product is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.
IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
Dizzy Care Network may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Dizzy Care Network’s Site. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using the service constitutes your acceptance of the agreement as it appears at the time of your access or use. From time to time, Dizzy Care Network may offer Site visitors the opportunity to participate in additional features or services through this Site. You may be required to enter into additional agreements or authorizations before you can access such features or services.
Intended for users 18 and older
Other than our Care-seeker Online Services, the Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this Site.
Our Care-seeker Online Services is available to care-seekers 18 years of age and older. It is also available to care-seekers who are between the ages of 13 years old and 17 years old with the permission of their parents or legal guardians.
Acceptable use
You agree that you will not:
- Use this website for any purpose in violation of local, state, national, or international laws.
- Use this Site as a means to distribute advertising or other unsolicited material to any third party.
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity.
- Attempt to disable, “hack,” or otherwise interfere with the proper functioning of this website.
- Violate or attempt to violate the security of the Site, including, without limitation:
- accessing data not intended for Site users or logging onto a server or an account which Site users are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
- accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
- Use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Violations of system or network security may result in civil or criminal liability. Dizzy Care Network will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
In the event access to the Site or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Dizzy Care Network. You agree to protect the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Dizzy Care Network at any time with or without cause.
Account set-up
You agree to the following:
- You agree to provide true, accurate, current, and complete information when registering to use the Site and establishing an account (“Registration Information”).
- You agree to maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Dizzy Care Network has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Dizzy Care Network may suspend or terminate your account.
- You agree that you are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account.
- You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
Order limitations
We reserve the right to reject any order you place with us from the Dizzy Care Network Store and Dizzy Care Network Marketplace, or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
Dizzy Care Network reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of the Site or purchase of products. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Dizzy Care Network also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Dizzy Care Network for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Termination of use
Dizzy Care Network may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
Dizzy Care Network reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.
User-Generated Content, Reviews, Feedback, and other Postings to the Site
If you submit, upload, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User-Generated Content”), you agree not to provide any User-Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other users of the Site through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Dizzy Care Network that you have the legal right and authorization to provide all User-Generated Content to Dizzy Care Network for the purposes and Dizzy Care Network’s use as set forth herein. Dizzy Care Network shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content in whatever manner Dizzy Care Network desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User-Generated Content and/or incorporate such User-Generated Content into any form, medium, or technology throughout the world. Dizzy Care Network is and shall be under no obligation (1) to maintain any User-Generated Content in confidence; (2) to pay to you any compensation for any User-Generated Content; or (3) to respond to any User-Generated Content.
Dizzy Care Network does not regularly review posted User-Generated Content but does reserve the right (but not the obligation) to monitor and edit or remove any User-Generated Content submitted to the Site. You grant Dizzy Care Network the right to use the name that you submit in connection with any User-Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Generated Content. You are and shall remain solely responsible for the content of any User-Generated Content you make. Dizzy Care Network and its affiliates take no responsibility and assume no liability for any User-Generated Content submitted by you or any third party.
Indemnification
You agree that you will defend, indemnify, and hold harmless Dizzy Care Network from and against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorneys’ fees and costs) against or incurred by Dizzy Care Network arising out of a claim by a third party relating to your breach of these Terms of Use or applicable law, User-Generated Content and any other materials you post or allow to be posted to the Site, your use or access of the Site, access of this Site by anyone using your user ID and password, or any other actions taken by you on the Site.
Intellectual property
The marks “Dizzy Care,” and “Dizzy Care Network,” are trademarks and/or service marks of the Dizzy Care Network. The content and design of this Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display, and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Dizzy Care Network or an affiliated Dizzy Care entity. You understand and agree that title to these materials shall not pass to you or any other user.
Disclaimers
YOU UNDERSTAND AND AGREE THAT DIZZY CARE NETWORK SITE AND ANY SERVICES, CONTENT, OR INFORMATION CONTAINED ON OR PROVIDED BY DIZZY CARE NETWORK SITE IS PROVIDED ON AN “AS IS” BASIS. DIZZY CARE NETWORK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, DIZZY CARE NETWORK DOES NOT GUARANTEE THAT USE OF DIZZY CARE NETWORK SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES, OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
Errors on Dizzy Care Network Site
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Dizzy Care Network reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site’s return policy.
Accuracy and integrity of information
Although Dizzy Care Network attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Dizzy Care Network so that it can be corrected. Dizzy Care Network reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Dizzy Care Network shall have no responsibility or liability for information or content posted to the Site from any non-Dizzy Care Network affiliated third party.
Limitations of liability
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL DIZZY CARE NETWORK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. ANY CLAIMS AGAINST DIZZY CARE NETWORK AND DIZZY CARE NETWORK’S LIABILITY RELATING TO A PRODUCT OR SERVICE PURCHASED ON OUR SITE IS LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to third-party websites
The Site contains links to other sites operated by third parties, including but not limited to third-party sites that may display the Dizzy Care Network trademarks (“Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
Dizzy Care Network does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Dizzy Care Network Site does not constitute sponsorship, endorsement, approval, or responsibility for any Third Party Site. Dizzy Care Network makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.
Jurisdiction
You agree that any dispute or claim (including personal injury claims) related to your use of the Dizzy Care Network Site shall be governed by the laws of the State of Minnesota. The exclusive forum for actions between the parties is the District Court of Minnesota sitting in Olmsted County, Minnesota. These Terms of Use also apply to anyone claiming on your behalf.
Contact information
If you have any questions about the service, please contact us at support@dizzy.care.