Use of the site
You may use the site for a variety of reasons, including to:
- Access news about HEART & HEART HomeCare
- Investigate home care options
- Obtain resources for family caregivers
- Obtain information about the cost of non-medical home care
You may choose to use the Sites to provide information to us through the HEART & HEART HomeCare Needs Assessment. A HEART & HEART HomeCare provider will review your assessment and, if you choose to provide your contact information, will be in touch with you regarding your home care needs.
You may not use the site for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through the site. You promise that none of your communications with or through the site will violate any local, state, national or international law.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
All materials on the site (including articles, text, photographs, images, illustrations, graphics, video material and audio material) and any software used on the site, are our property or the property of our subsidiaries, affiliates or suppliers and are protected by copyright, trade dress, trademark and/or other intellectual property laws and proprietary rights. Additionally, the site is protected by copyright as collective works and/or compilations. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to such content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Our content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You may browse through the Sites and occasionally download a copy of materials appearing on the Sites that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Sites. You may not attempt to alter or modify the content posted on the Sites. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Sites.
HEART & HEART Trademarks
HEART & HEART HOMECARE® and all related names, logos, product and service names, designs and slogans are trademarks of HEART & HEART HomeCare. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of HEART & HEART HomeCare’s worldwide proprietary rights, and HEART & HEART HomeCare may own or control other proprietary rights in the United States or one or more countries outside of the United States. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
Digital Millennium Copyright Act Policy
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). Submitting a claim of copyright infringement, however, is a serious claim and before you send us notification, you should attempt to reach out to the user who posted the content and may work with that individual regarding the infringing content.
If you believe that any content on the sites infringes on the intellectual property of a third party, you may send a notice to: Customer Service, 6767 W. Tropicana Ave Suite 206 Las Vegas, NV 89103. To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the site that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation. It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
We have designated an agent to receive notifications of claimed infringement and maintain this designated contact at the Copyright Office. You can contact this agent by e-mailing firstname.lastname@example.org.
Links to Other Websites
The site may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You agree to defend, indemnify and hold HEART & HEART HomeCare, its affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of or inability to use the Sites, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Visiting the site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.
Product Sales and Availability
HEART & HEART HomeCare reserves the right without prior notice to discontinue or change specifications on products and services offered on the site without incurring any obligations.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
HEART & HEART HOMECARE AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR SERVICES, ALL CONTENTS OF THE SITES ARE OFFERED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. HEART & HEART HOMECARE AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. HEART & HEART HOMECARE AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT HEART & HEART HOMECARE ON THE SITES, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITES CONTAIN ALL THE RELEVANT INFORMATION AVAILABLE ABOUT HEART & HEART HOMECARE. HEART & HEART HOMECARE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING HEART & HEART HOMECARE, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING HEART & HEART HOMECARE FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEART & HEART HOMECARE, ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS AND ANY OTHERS INVOLVED IN CREATING THE SITES AND THEIR CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITES OR INFORMATION AVAILABLE ON THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES. HEART & HEART HOMECARE SHALL NOT BE LIABLE EVEN IF HEART & HEART HOMECARE OR A HEART & HEART HOMECARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THE SITES DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall HEART & HEART HomeCare’s total liability to you for damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Sites or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Geographic Scope of the Sites