Homecare.com Terms of Use

MODIFICATIONS TO THE TERMS OF USE

Homecare.com may change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of our Website following the posting of any changes will signify your acceptance of those changes.

REGISTRATION

To use certain parts of our Website (e.g., comment sections, the Planning Assistant, and the Collection feature), you will be asked to provide certain information about yourself, such as your first name, e-mail address, password, age, city and state.

PRIVACY POLICY

Homecare.com respects your desire for privacy and takes care to protect personal information that you provide to us. Homecare.com's privacy policy can be found [here]. By using our Website, you are consenting to the terms of our privacy policy.

SECURITY POLICY

Homecare.com has security measures in place to protect the loss, misuse, and alteration of the information under Homecare.com's control. These security measures are described in our privacy policy.
Although Homecare.com has taken the steps described in our privacy policy to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, Homecare.com cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

USING OUR WEBSITE

Homecare.com provides you with access to a great variety of resources. The materials, information, and links to third party sites, provided on our Website, including but not limited to information, documents, images, articles, advice, time-saving tips and checklists, easy-to-use tools, products, software, and services, if applicable ("Materials"), are provided either by Homecare.com or by others and may be copyrighted and/or protected by other intellectual property rights. Homecare.com hereby grants you limited permission to use the Materials provided by Homecare.com subject to these Terms, as long as the use of such Materials is solely for your own informational use. Materials created and/or provided to you by Homecare.com for the purposes of sharing via social media, e-mail and other information sharing methods and networks (such materials being branded as "the exclusive property of Homecare.com" and collectively referred to in this Agreement as "Shared Materials") shall remain the property of Homecare.com. Except for Shared Materials or unless stated within the Materials, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express permission of Homecare.com and/or the appropriate owner.

LICENSE TO USE AND DISTRIBUTE SHARED MATERIALS

You are hereby granted a limited perpetual license to use, share, distribute, display, republish, post and/or transmit the Shared Materials for non-commercial purposes. You expressly agree that you DO NOT have rights to:
 

1. own title, or transfer title to the Shared Materials to another party;
2. distribute, or sublicense or otherwise provide copies or any rights in relation to the Shared Materials to any third party;
3. pledge, hypothecate, alienate or otherwise encumber the Shared Materials to any third party;
4. use the Shared Materials to rent, lease or otherwise provide location-enabled telecommunication or information services to your customers, including, without limitation, data processing, hosting, outsourcing, service bureau or online application services (ASP) offerings; or
5. use, distribute or otherwise provide the Shared Materials for commercial purposes.

For the purposes of this section, Homecare.com will have the right to inspect and enforce the restrictions and covenants contained herein at your sole expense, and you hereby agree to promptly notify Homecare.com of any known violations of such restrictions. Any use of Shared Materials in any manner, other than as permitted, entitles Homecare.com to immediately terminate this Agreement and restrict your use of Homecare.com, in addition to all other remedies. The obligation to provide the Shared Materials to you is conditional upon your strictly complying with this Agreement and all applicable laws.

NO UNLAWFUL OR PROHIBITED USE

While using our Website, you may not
 

• restrict or inhibit any other user from using and enjoying our Website;
• post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law, including without limitation applicable export control laws and regulations;
• post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Homecare.com), or engage in spamming, phishing, or flooding;
• use any robot, spider, scraper, or other automated means to access our Website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
• post or transmit any information or software that contains a virus, Trojan horse, worm, or other harmful component;
• post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through our Website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
• upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through our Website which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; or
• upload, post, publish, reproduce, transmit, or distribute in any way any component of our Website itself or derivative works with respect thereto without our prior written consent, as our Website is protected under applicable copyright laws.

LINKS TO THIRD PARTY WEBSITES; ADVERTISERS; THIRD PARTY SERVICES

In attempting to provide you with comprehensive and useful resources, our Website may contain links to third-party websites which are not under the control of Homecare.com. Homecare.com is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Homecare.com is providing these links to you only as a convenience, and the inclusion of any link does not imply that Homecare.com endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.

In addition, Homecare.com will accept advertising on our Website. Any dealings that you have with advertisers found on Homecare.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

In connection with your use of our Website, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Homecare.com. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party services or products. You agree that the third party, and not Homecare.com, is responsible for the performance of the third-party services or products.

CHANGES TO OUR WEBSITE

In an effort to continually improve our Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that Homecare.com makes such changes, these Terms shall apply to the new services and to any changes to existing services.

POSTING OF USER AND EXPERT CONTENT

Certain areas of our Website may allow you to post content including your experiences, advice, recommendations, opinions, information, messages, or other material ("Your Content"). For instance, you may use our forums, discussions, blogs or other community areas to post Your Content. Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms of Use or any third party rights.

Homecare.com does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas, forums, and/or blogs on Homecare.com, you grant Homecare.com, its affiliates, partners, and distributors the perpetual royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice and photograph (if applicable) to attribute your postings to you. In addition to Your Content, you may submit feedback to us. We encourage you to provide us feedback. You agree that we may use in any manner and without limitation all comments, advice, recommendations, suggestions, complaints, and other feedback you provide relating to Our Website, and that Homecare.com will own all intellectual property that we create based upon or incorporating your feedback.

NO DUTY TO MONITOR

You agree that we are not liable for content that is provided by others. While some community and other areas are monitored for relevance, we have no obligation to prescreen content that may be posted in such areas and are not responsible for such postings. While we have no duty to prescreen content, we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.

WARRANTY DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE AND ALL MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON OUR WEBSITE OR LINKED FROM OUR WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND HOMECARE.COM AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, PARTNERS AND EXPERTS (HEREINAFTER COLLECTIVELY REFERRED TO AS "SUPPLIERS") HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. HOMECARE.COM AND ITS SUPPLIERS MAKE NO WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ACCESS TO OUR WEBSITE OR ANY INFORMATION. POSTINGS, OPINIONS OR SERVICES LINKED FROM OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS FROM SUCH USE WILL BE ACCURATE OR RELIABLE, OR WILL BE SUITABLE FOR YOUR PURPOSES. IN ADDITION, HOMECARE.COM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD PARTY SERVICE PROVIDER, PARTNER, CAREGIVER, CARE RECEPIENT OR EXPERT WHETHER ONLINE OR OFFLINE. NO ORAL OR WRITTEN INFORMATION RECEIVED BY HOMECARE.COM, ITS SUPPLIERS, OR OBTAINED OTHERWISE WILL CHANGE THIS DISCLAIMER. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMECARE.COM (OR THE OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, ADVERTISERS, EXPERTS, SUPPLIERS, PARTNERS OR EMPLOYEES OF HOMECARE.COM) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF HOMECARE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE OUR WEBSITE, REMOVAL OR TERMINATION OF OUR WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON OUR WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM OUR WEBSITE OR ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL HOMECARE.COM'S AND ITS SUPPLIERS' CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF OUR WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO HOMECARE.COM DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE, OR $1,000, WHICHEVER AMOUNT IS LESS. Some jurisdictions do not allow these limitations, so the above limitations may not apply to you.

NO PROFESSIONAL ADVICE

HOMECARE.COM OFFERS INFORMATION RELATED TO CAREGIVING WHICH INCLUDES MEDICAL, LEGAL, FINANCIAL, HOUSING, AND OTHER INFORMATION RELATED TO CAREGIVING. THIS INFORMATION IS PROVIDED TO YOU FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. ANY INFORMATION FOUND ON HOMECARE.COM IS NOT A SUBSTITUTE FOR OBTAINING SPECIFIC MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL OR LICENSED SERVICES ADVICE DIRECTLY APPLICABLE TO YOUR SITUATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON HOMECARE.COM AS A SUBSTITUTE FOR SUCH SERVICES OR ADVICE.

THE USE OF ANY INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF A PHYSICIAN, ATTORNEY, FINANCIAL, ADVISOR OR OTHER PROFESSIONAL OR LICENSED ADVISOR. NEVER DISREGARD MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL OR LICENSED ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON HOMECARE.COM.

NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR LAW; OR FINANCIAL, PROFESSIONAL, OR LICENSED SERVICES. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. HOMECARE.COM PROVIDES NO ASSURANCES THAT THE INFORMATION CONTAINED IN THIS WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of our Website and our services does not create in any way a physician/patient, attorney/client, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of Homecare.com or the part of our suppliers, distributors, partners, and/or affiliates. We do not recommend or endorse any specific tests, physicians, attorneys, advisors, caregivers, procedures, opinions, advice, or other information that may appear on our Website. If you rely on any of the information provided by our Website, its employees, consultants, or its guests or visitors, you do so solely at your own risk.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless Homecare.com, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising out of your use of Homecare.com.

GOVERNING LAW

You and Homecare.com agree that any claim or controversy at law or equity that arises out of these Terms or your use of our Website shall be governed by Ontario law (without regard to conflict of law provisions) and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You and Homecare.com agree that all claims and actions related hereto shall be brought in the appropriate provincial or federal court located in Ontario, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Homecare.com related to this Website, the Materials or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against Homecare.com, its subsidiaries, affiliates, or licensors.

ASSIGNMENT

Homecare.com may assign these Terms of Use at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Homecare.com to another entity. You may not assign this agreement.

INTERNATIONAL USE

Homecare.com is designed for users residing in the United States. We make no representation that content on Homecare.com is appropriate or available for use in locations outside of the abovementioned. If you choose to access Homecare.com from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Homecare.com regarding this subject matter, and they govern your use of our Website. The failure of Homecare.com to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Homecare.com or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.