Terms of Service
Terms of Service
These terms of service (“Agreement”) set forth the general terms of service of your use of www.criqle.com (” “website” “) and any of its related services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and CRIQLE (“CRIQLE”, “we”, “us” or “our”). By accessing and using the website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and CRIQLE even though it is electronic and is not physically signed by you, and it governs your use of the website and Services.
If you do not agree with all of these Terms of Service, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms of Service for future reference.
- Information About Us
CRIQLE Company of 9445 Mainline Drive Elk Grove CA 95624 is located in the United States of America. We provide an online platform that provides listings for Residential Care Elderly and RCFE – Continuing Care Retirement Community that provides senior living options such as Assisted Living, Board and Care Home (residential setting), Memory Care, Independent Living, and Skilled Nursing, throughout California (Services). These are the terms on which we provide our services to you. By using our Services, you agree to be bound by these Terms of Service.
- Accounts and Membership
Certain parts of Our Site (including the ability to submit Posts to a Forum) may require an Account in order to access them. You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
If you create an account on our website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
- Licence to use website
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
Except as expressly permitted by the provisions of these terms of service, you must not download any material from our website or save any such material to your computer. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by these terms of service, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
Notwithstanding, you may redistribute our newsletter in print and electronic form to any person.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Facilities (communities) Listings
We are excited to be able to offer you the opportunity to list your information such as Facilities Name, Facilities License, Facilities address, phone, photos, estimated price, room types and availability on our website. Please follow the instructions within Your Account as to how to do this. Once uploaded, you are entirely responsible for Your Listing. This includes ensuring you have sufficient permission to list your Facilities on the website. We have no involvement in your listing and cannot and will not take any responsibility or be liable to you for Your Listing.
Whenever you make use of a feature that allows you to upload Your Listing to our website, or make contact with other users of the website, you warrant and represent that Your Listing complies with our terms and conditions. You warrant that your Facilities basic information is readily available on the Dept of Social Service website ca.gov –https://www.ccld.dss.ca.gov/carefacilitysearch/).
Because you are entirely responsible for Your Listing, you agree to bear any loss or damage (and repay a sum to us in respect of that) that we suffer which arises in connection with Your Listing failing to, or being alleged to fail to, comply with our terms and conditions. We operate a “takedown” process with respect to all listings on our website (including Your Listing) if we consider it does not comply with our terms and conditions. This means that we can remove any of Your Listings at any time from the CRIQLE platform and Your Account without any liability to you.
We will not own Your Listing, but in uploading Your Listing to the CRIQLE website, you hereby grant us and other users of our Website an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable licence to use, copy, modify, change, edit, amend, store, display, reproduce and distribute Your Listing (whether electronically or in any other media now known or that is subsequently developed) on a worldwide basis in connection with:
- our operation and administration of CRIQLE services;
You may delete Your Listing from Your Account at any time. Please follow the directions in Your Account on how to do so. When you delete Your Listing it will no longer be available to view via Your Account, although for technical reasons we may retain copies of Your Listing or certain information or data in relation to it.
We reserve the right to terminate any Listing that is in breach of our terms and conditions and remove any Listing at our reasonable discretion.
- Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
The services are billed on a monthly subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or CRIQLE cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the [email protected] customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide CRIQLE with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize CRIQLE to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, CRIQLE reserves the right to terminate your access to the Service with immediate effect.
All monthly payments billed will not be refunded if you decide to cancel mid-month and the same goes for annual if you cancel mid-year there will not be any refund and the subscription will be alive for the remaining contract period
End-users in need of a home will be able to contact the facilities directly while they are subscribing. If they are not subscribed, end-users should contact CRIQLE’s service desk to help find them the home.
On the expiry of each Subscribed Service Period, the Subscribed Services shall continue and automatically renew for further consecutive periods of the same duration as the initial Subscribed Service Period (each a Renewal).
If either party does not wish for the Subscribed Services to renew it may cause the Subscribed Service to expire by notice provided such notice is served at least 28 days prior to the next Renewal commencing. If notice is not served within the timeframes set out in this clause, the Subscribed Service shall renew in accordance with the Renewal clause above.
- Fee Changes
CRIQLE in its sole discretion and at any time may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. CRIQLE will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
- Accuracy of information
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Subscription if any information on the Website or Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website, without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website should be taken to indicate that all information on the Website or Services has been modified or updated.
- Third-party services
The Site may contain links to websites operated by third parties. We do not have any influence or control over any such third-party websites. We are not responsible for and do not endorse any third-party websites or their availability or content.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms of service of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such services. You irrevocably waive any claim against CRIQLE with respect to such other services. CRIQLE is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting CRIQLE to disclose your data as necessary to facilitate the use or enablement of such other services.
We are not responsible for the content residing on our website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
We may feature advertising on Our Site. We are not responsible for the content of any advertising on Our Site. Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising on Our Site including, but not limited to, any errors, inaccuracies, or omissions.
- Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
- Intellectual property rights
Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CRIQLE and its licensors. The website and services we provide are protected by copyright, trademark, and other laws of the United States of America. Our trademarks may not be used in connection with any product or service without the prior written consent of CRIQLE.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by CRIQLE or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with CRIQLE. All trademarks, service marks, graphics and logos used in connection with the website and Services, are trademarks or registered trademarks of CRIQLE or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the website, and Services grants you no right or license to reproduce or otherwise use any of CRIQLE or third-party trademarks.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions
- Disclaimer of warranty
We do not represent or warrant that the website will be error-free, uninterrupted, free from third-party attacks or otherwise available at all times to meet your requirements.
THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS. CRIQLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, THAT THE INFORMATION, LISTINGS, MATERIALS, FACILITIES, PROPERTIES OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE WILL BE AS REPRESENTED BY FACILITIES (COMMUNITIES), FIT FOR A PARTICULAR PURPOSE OR USE, AVAILABLE AT THE TIME OF LISTING, COMPLIANT WITH APPLICABLE REGULATIONS, FREE FROM INTELLECTUAL PROPERTY INFRINGEMENT, OR THAT FACILITIES (COMMUNITIES) AND USERS WILL PERFORM AS THEY HAVE AGREED.
Facilities (communities) who provide listings for Residential Care Elderly and RCFE – Continuing Care Retirement Community that provides senior living options such as Assisted Living, Board and Care Home (residential setting), Memory Care, and Independent Living facilities and make their facilities available for booking through the CRIQLE website shall be bound by our terms and conditions in addition to their own. Any representations and/or warranties regarding their facilities shall be solely binding upon them.
Where a dispute arises between, or out of Users and Facilities (communities) listed on the website, each party expressly agrees to waive any subsidiary or recourse claims against CRIQLE and further agrees to hold CRIQLE harmless from any claims that may be in any way connected with such dispute.
- Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, CRIQLE EXCLUDES LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF BUSINESS LOSS OF DATA AND ANY CONSEQUENTIAL LOSS, CLAIMS OR REMEDIES IN TORT, WHETHER OR NOT ARISING FROM ITS NEGLIGENCE.
To the maximum extent permitted by applicable law, the aggregate liability of CRIQLE and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount or any amounts actually paid in cash by you to CRIQLE for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
You agree to indemnify and hold CRIQLE and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Listing, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Californian law and any applicable laws of the United States of America and (to the extent it has sufficient matter jurisdiction) of the federal courts in the united states of America with respect to any legal action or proceeding arising out of or relating to these Terms without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. For contractual purposes, you
(a) consent to receive communications from CRIQLE in an electronic form; and
(b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CRIQLE provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in hard copywriting.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected].
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means
- Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. Both Users of our website/App and Us shall comply with all requirements of the Data Protection Legislation.
- Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the website.
25 Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website or by email: [email protected]
This document was last updated on February 2, 2022