Terms of Use

Effective Date: January 31, 2024

These Terms of Use ("Agreement") is a legal agreement between you and Allison Wyman LLC (hereinafter referred to as "Website Owner"), the owner and developer of COZYCAREGIVERCAFE.COM (the "Site"). By registering for any service provided on the Site you become a client ("Client") and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SITE SERVICE. The Terms are subject to change at any time, effective upon notice to you.

1. Limitations of Liability and Indemnification. By using any services provided by the Site, you agree that in no event will the Site, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by www.allisonkwyman.com or Website Owner shall be a return of any fees paid to the Site or Website Owner for any services provided under this Agreement. You indemnify and agree to defend and hold harmless the Site, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Site, including any breach by you of the Terms contained in this Agreement.

2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on the Site. You understand that the Site and Website Owner do not perform psychological testing or background checks on the individuals who may use the Site's services. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by the Site, which includes, but is not limited to: exchanging e-mail first before giving out any personal information and meeting in a public place.

3. Do Not Rely on the Site. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Site or Website Owner. The Site and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

4. Warning re: Offensive Information. It is possible that other Site clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of the Site, have access to personal information about you. The Site, Website Owner, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you.

5. Right to Monitor. The Site and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.

6. Confidentiality. It is agreed that all personal information given to the Site or Website Owner, will be kept confidential by the Site and Website Owner, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by the Site, in which case the confidentiality clause contained in this Agreement is rendered null and void.

7. Ownership, Copyrights, Trademarks, Licenses. The Site and Website Owner own and retain all proprietary rights to the Site's service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the Site and Website Owner. By posting information to the Site and Website Owner you represent that you have the right to grant permission for use by the Site and Website Owner.

8. No Warranties. The Site and Website Owner provide the Site's services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, the Site and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

9. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of New York, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Southern District of New York, and you hereby consent to the jurisdiction of any such court.

10. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.

11. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful. In accessing and using the Site, you understand and agree that basic information concerning you, given to the Site, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.

12. Entire Agreement. This Agreement constitutes your entire Agreement with the Site and Website Owner with respect to any services.

13. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.