Terms Of Use
We hope you love using HomeHealthFinder.com. We really do. This document contains important information that you need to consider before making an important decision to use this site. HomeHealthCareFinder.com and HomeHealthFinder.com are one in the same company. Both names will and can be used simultaneously.
Last Updated on January 3, 2013.
The following terms and conditions constitute an agreement between you and HomeHealthFinder.com, Inc. (“HomeHealthFinder.com,” “we,” or “us”), the operator of HomeHealthFinder.com.com (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site, both as a casual visitor and as a registered user.
BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Texas any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf. HomeHealthFinder.com reserves the right to make
amendments to the TOU when need be.
1. About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what is on the Site is viewable without
registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and your home healthcare agency information for purposes of allowing us to provide the marketing services and as otherwise disclosed in our Privacy Policy.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be
provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and
does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist the referring organization to refer their patients to your home healthcare agency for home health care services. The information is gathered from a qualified practitioner with the intent of locating appropriate medical care from the home healthcare agency.
A. Your registration obligation
To be a registered user of the Services of Home HealthcareFinder.com as a home health care agency you agree to: (a) provide true, accurate, current and complete information about your home healthcare agency as prompted by the Site registration form (the "Home Healthcare Agency Sign-up” registration data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HOMEHEALTHFINDER.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HOMEHEALTHFINDER.COM has the right to suspend or terminate all of
your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). HOMEHEALTHFINDER.COM is concerned about the safety and privacy of all its users, particularly referring patients. All home healthcare agencies must stay in compliance with all up keep of all professional licenses in which such active licenses enables such home healthcare agencies to engage in such home healthcare business in their active state(s). If such license becomes invalid HomeHealthcareFinder.com reserves the right to remove such agency from the HomeHealthcareFinder.com website and all remaining monthly amounts are forfeited.
B. Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content
(collectively, "Content"), contained in or delivered via the Services or otherwise made available by HOMEHEALTHFINDER.COM in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. HOMEHEALTHFINDER.COM does own the Site Content or portions of the Site Content may be made available to HOMEHEALTHFINDER.COM through arrangements with third parties. Except as expressly authorized by HOMEHEALTHFINDER.COM in writing
or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of HOMEHEALTHFINDER.COM. You shall use the Site Content only for purposes that are permitted by this and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
C. Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to HOMEHEALTHFINDER.COM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. HOMEHEALTHFINDER.COM reserves the right to remove any of Your Content
from the site at any time if HOMEHEALTHFINDER.COM believes in its sole discretion that it does not comply with this TOU. In addition, you agree that HOMEHEALTHFINDER.COM may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of HOMEHEALTHFINDER.COM both on the Site and in marketing and promotional materials.
2. We Do Not Provide Medical Advice
The Information that you obtain or receive from HomeHealthFinder.com, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations. You can not submit a medically related question to HomeHealthFinder.com. HomeHealthFinder.com is an advertising website to promote and market your home healthcare agency to the medical community for the sole purpose of the medical community referring patients needing post acute care and other home healthcare services.
We do not recommend or endorse any specific home healthcare agency or individual in the medical profession or opinion that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
3. No Guarantees
We have no control over, and cannot guarantee the referring of any patients at any particular time. We will not be liable for cancelled or otherwise unfulfilled referring or any financial injury resulting there from, or for any other injury resulting from the use of the Site or Services whatsoever. You are strongly advised to perform your own investigation prior to accepting the referring patients needing home healthcare services by making
confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular health care provider (“Provider”)by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.
4. Authorization and Acknowledgement; Important Information About Provider Relationships and Lists
In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR PATIENTS.
HomeHealthFinder.com selects home healthcare agencies to be listed on the Site. If you would like to be listed on our site, please fill out the appropriate forms and we will ad you to our site. In addition to signing a contract, Providers must pay a fee to HomeHealthFinder.com in order to appear on the Site. The fee schedule can be seen on the site after filling out the Agency Sign-Up form or by using this website address: http://homehealthfinder.weebly.com/advertising-cost.html This fee is to help off-set the annual cost as well as help to promote and market the site to the medical industry for patient referrals.
HomeHealthFinder.com will provide you with lists and/or profile previews of Providers who may be suitable to deliver the health care that you
are seeking based on information that you provide to HomeHealthFinder.com (such as insurance information, proximity to your geographical location, and specialty of the Provider). In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other HomeHealthFinder.com users, and past experience of HomeHealthFinder.com users with Providers); but HomeHealthFinder.com (i) does not recommend or endorse any Providers, (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide, and (iii) does not receive any additional fees from Providers for featuring them through the Services.
HomeHealthFinder.com uses reasonable efforts to ensure that Providers only participate in the Services if they hold active medical licenses and all
certifications necessary to practice any specialty of the services offered by them to patients, and who remain qualified to participate in the Medicare and Medicaid programs. HomeHealthFinder.com may also exclude Providers who, in HomeHealthFinder.com’s discretion, have engaged in inappropriate or unprofessional conduct.
If you elect to enter information into a medical history form ("Medical History Form") on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that HomeHealthFinder.com may use the data or information you provide on a Medical History Form in accordance with its Privacy Policy.
5. Editorial Control
We make the Site available as a service to consumers and Providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted on the Site reviewed by the Site’s editorial personnel. It is important to note, however, that the
timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.
You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
PRACTITIONER INFORMATION: Provider and practice information found on the Site is intended for general reference purposes only. Provider information found on the Site is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor HomeHealthFinder.com provides any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
6. Registration
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You
are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to service@HomeHealthFinder.com.com.
7. Your Personal Information
In order to register, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize
HomeHealthFinder.com, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, social security number and contact information; medical and social history; current medical needs; and other information that is either requested by HomeHealthFinder.com or volunteered by you ("Personal Information") in order to provide the Services to you, in accordance with our Privacy Policy. Please review it carefully, as your use of the Site constitutes your agreement to the Privacy Policy.
8. Your Responsibilities
Even though to sign up is free of charge, the usual and customary charges for any medical services rendered by collaborating Providers profiled on
the Site will apply and will be entirely your responsibility.
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials.
You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
A. copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
B. remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
C. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
D. access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews
related to the health care industry or Providers;
E. reformat or frame any portion of the web pages that are part of the Site and/or the Services;
F. fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;
G. create user accounts by automated means or under false or fraudulent pretenses;
H. collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
I. use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this
provision and to enforce these Terms of Use.
9. Changes to These Terms of Use
We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then please do not use the Site.
10. Changes to the Services
We may from time to time add new services to the Services, substitute
a new service for one of the existing Services, or discontinue or suspend one of
the existing Services. Information about the new services will be included on
the Site, and the use of new services will be governed by these Terms of Use.
You agree that HomeHealthFinder.com will not be liable to you or any third party
for any suspension or discontinuation of any of the
Services.
11. Links to Other Sites
The Site may include links to other websites, including links provided
as automated search results. Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. These links are provided for your
convenience only and do not mean that we endorse these sites or the products and
services they provide. You acknowledge and agree that we are not responsible or
liable for the content or accuracy of these other
sites.
12. Additional Terms
Certain of the Services on the Site may have additional terms (such as
policies, guidelines, and rules) that will further govern your use of that
particular Service and supplement these Terms of Use. If you choose to register
for or access any such Services, you will be presented with any relevant
additional terms and conditions at that time. By using those Services, you agree
to comply with such additional guidelines and rules.
13. No Spam
You may not use contact information provided by our users or
collaborating Providers, or harvest such information for the purpose of sending,
or to facilitate the sending, of unsolicited bulk communications such as SPAM.
You may not allow others to use your account to violate the terms of this
section. We may terminate your membership or access to the Site immediately and
take other legal action if you or anyone using your Credentials violates these
provisions.
14. Content You Post or Submit
You will have the opportunity to submit feedback regarding your
experiences with Providers who are featured on the Site, to submit inquiries
concerning possible patient referrals and to participate in the other
interactive and community features of the Site (collectively “Posted
Information”). It is important that you act responsibly when providing Posted
Information. In providing feedback, please give clear, honest information about
the Provider and your experiences, but do not use inappropriate language, make
gratuitous personal criticisms or comments or provide information that others
could use to determine your identity. When participating in other interactive or
community aspects of the Service, please do not post any information that
another user or Provider may use to identify you as an individual, but please do
include all relevant information in a concise manner to help us provide you with
a helpful response.
We reserve the right to publish your Posted Information as part of the
Service and to also remove your Posted Information for any reason. We are not,
however, responsible for any failure or delay in removing Posted Information.
Keep in mind that the Posted Information of others is simply opinion and should
not be relied on. In addition:
A.
You are solely responsible for any Posted Information that you submit,
publish or display on the Site or transmit to other members and/or other users
of the Site.
B.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights. You may not
submit any content or material that infringes, misappropriates or violates the
intellectual property, publicity, privacy or other rights of any party.
C.
You may not provide any Posted Information that falsely expresses or
implies that such content or material is sponsored or endorsed by
HomeHealthFinder.com.
D.
You may not provide any Posted Information that is unlawful or that
promotes or encourages illegal activity.
E.
You understand and agree that HomeHealthFinder.com may (but is not
obligated to) review and delete any Posted Information that in the sole judgment
of HomeHealthFinder.com violates these Terms of Use or which might be offensive,
illegal, or that might violate the rights of, harm, or threaten the safety of
other users or members of the Site and/or other website users.
F.
You agree that you will only provide Posted Information that you
believe to be true and you will not purposely provide false or misleading
information.
G.
By posting Posted Information on the Site, you agree to and hereby do
grant, and you represent and warrant that you have the right to grant,
HomeHealthFinder.com, its contractors, and the users of the Site an irrevocable,
perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license
to use, copy, publicly perform, digitally perform, publicly display, and
distribute such Posted Information and to adapt, edit, translate, prepare
derivative works of, or incorporate into other works, such Posted Information.
This license is non-exclusive, except you agree that HomeHealthFinder.com shall
have the exclusive right to practice this license to the extent of combining
your Posted Information with the Posted Information of other
HomeHealthFinder.com users for purposes of constructing or populating a
searchable database of reviews and information related to the health care
industry.
H.
The following is a partial list of the kind of content and
communications that are illegal or prohibited on/through the Site.
HomeHealthFinder.com reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the
Services and terminating the membership of such violators or blocking your use
of the Services and/or the Site. You may not post content that:
· is false or intentionally misleading;
· harasses or advocates harassment of another person;
· involves the transmission of unsolicited mass mailing or "spamming";
· violates the intellectual property or other rights of any person;
· is threatening, obscene, defamatory or libelous; or
· is pornographic or sexually explicit in nature.
15. Your Use of Content
All of the Information available on or through the Services and/or the
Site, including without limitation, text, photographs, graphics and video and
audio content, is owned by us and our licensors and is protected by copyright,
trademark, patent, and trade secret laws, other proprietary rights, and
international treaties. You acknowledge that the Services and any underlying
technology or software used in connection with the Services contain
HomeHealthFinder.com’s proprietary information. We give you permission to use
the aforementioned content for personal, non-commercial purposes only and do not
transfer any intellectual property rights to you by virtue of permitting your
use of the Services. You may print, download, and store information from the
Site for your own convenience, but you may not copy, distribute, republish
(except as permitted in this paragraph), sell, or exploit any of the content, or
exploit the Site in whole or in part, for any commercial gain or purpose
whatsoever. Except as is expressly and unambiguously provided herein,
HomeHealthFinder.com and its suppliers do not grant you any express or implied
rights, and all rights in the Site and the Services not expressly granted by
HomeHealthFinder.com to you are retained by
HomeHealthFinder.com.
16. Disclaimer of Warranties
We have no special relationship with or fiduciary duty to you. You
acknowledge that we have no control over, and no duty to take any action
regarding: which users gain access to the Site and/or the Services; what content
you access via the Site and/or the Services; what effects the content on the
Site and/or the Services may have on you; how you may interpret or use the
content on the Site and/or the Services; or what actions you may take as a
result of having been exposed to the content on the Site and/or the Services.
You release us from all liability for you having acquired or not acquired
content through the Site and/or the Services. The Site and/or the Services may
contain, or direct you to websites containing, information that some people may
find offensive or inappropriate. We make no representations concerning any
content contained in or accessed through the Site and/or the Services, and we
will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Site and/or
the Services. We make no representations or warranties regarding suggestions or
recommendations of services or products offered or purchased through the Site
and/or the Services. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL
FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR
GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY
DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT
TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT
THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE,
RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT
YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH
THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT
RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF
INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION
PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN,
HOMEHEALTHFINDER.COM MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE
AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION. HOMEHEALTHFINDER.COM DOES NOT
WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA
WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER
VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
17. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE
CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE
LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE
OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE
GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR
THE SITE OR THE SERVICES OR (B). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO
ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR
INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY
CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL
MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN
IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
18. Termination
We may terminate and/or suspend your registration immediately, without
notice, if there has been a violation of these Terms of Use or other policies
and terms posted on the Site by you or by someone using your Credentials. We may
also cancel or suspend your registration for any other reason, including
inactivity for an extended period, but will attempt to notify you in advance of
such cancellation or suspension. HomeHealthFinder.com shall not be liable to you
or any third party for any termination of your access to the Site and/or the
Services. Further, you agree not to attempt to use the Site and/or the Services
after any such deletion, deactivation or termination (provided, in the case of
deactivation due exclusively to your inactivity, you may re-register). Sections
2, 3, 4, 14, 16, 17, 18, 19, 20 and 22 through 25 shall survive any termination
or expiration of these Terms of Use.
19. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold
harmless us, our employees, contractors, officers, directors, agents, parent,
other affiliated companies, suppliers, successors, and assigns from all
liabilities, claims, demands and expenses, including attorney's fees, made by
any third party that arise from or are related to (a) your access to the Site,
(b) your use of the Services, or (c) the violation of these Terms of Use, or of
any intellectual property or other right of any person or entity, by you or any
third party using your Credentials. The foregoing indemnification obligation
does not apply to liabilities, claims and expenses arising as a result of our
own gross negligence or intentional misconduct.
20. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the
Site or the Services constitutes your electronic signature to these Terms of
Use, which includes our Privacy Policy, and your consent to enter into
agreements with us electronically.
21. Copyright Dispute Policy
HomeHealthFinder.com has adopted the following general policy toward
copyright infringement at the address of HomeHealthFinder.com’s designated agent
to receive notification of Claimed Infringement ("Designated Agent") is provided
at the bottom of this section.
HomeHealthFinder.com Policy.
It is HomeHealthFinder.com’s policy to (a) block access to or
remove material that it believes in good faith to be copyrighted material that
has been illegally copied and distributed by any of our advertisers, affiliates,
content providers, members or users; and (b) remove and discontinue Service to
repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible
through the Site or the Services infringes a copyright, please send a notice of
copyright infringement containing the following information to the Designated
Agent listed below ("Proper Bona Fide Infringement Notification"):
Upon Receipt of a Bona Fide Infringement Notification.
Once a Proper Bona Fide Infringement Notification is received by
the Designated Agent, it is HomeHealthFinder.com’s
policy:
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider, member or user believes that the material
that was removed or to which access was disabled is either not infringing, or
the content provider, member or user believes that it has the right to post and
use such material from the copyright owner, the copyright owner's agent, or
pursuant to the law, the content provider, member or user must send a
counter-notice containing the following information to the Designated Agent
listed below:
Removal.
If a counter-notice is received by the Designated Agent,
HomeHealthFinder.com may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed material
or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the
removed material may be replaced or access to it restored in 10 to 14 business
days or more after receipt of the counter-notice, at HomeHealthFinder.com’s
discretion.
Address for Designated Agent. Please contact HomeHealthFinder.com’s Designated Agent to Receive
Notification of Claimed Infringement at the following
address:
HomeHealthFinder.com, Inc.
12335 Kingsride Ln # 397
Houston, Texas 77024
Phone: (832) 224-5888
Fax: (832) 426-5731
Email to: service@HomeHealthFinder.com.com
22. Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and
guidelines posted on the Site, including the Privacy Policy, constitute
the entire agreement between you and us and supersede all previous written or
oral agreements. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
The failure of HomeHealthFinder.com to exercise or enforce any right or
provision of these Terms of Use shall not constitute a waiver of such right or
provision. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
hereunder.
23. Choice of Law and Dispute Resolution
These Terms of Use shall be deemed to have been entered into and shall
be construed and enforced in accordance with the laws of the State of Texas as
applied to contracts made and to be performed entirely within Texas, without
giving effect to the state’s conflicts of law statute. Any controversy, dispute
or claim arising out of or related to these Terms of Use or your use of the
Services shall be settled by final and binding arbitration to be conducted by an
arbitration tribunal in the State, City and County of Texas, pursuant to the
rules of the American Arbitration Association. The arbitration tribunal shall
consist of one arbitrator. The decision or award of the arbitrator shall be
final, and judgment upon such decision or award may be entered in any competent
court or application may be made to any competent court for judicial acceptance
of such decision or award and an order of enforcement. The parties agree that
the arbitrator shall have the authority to impose equitable and injunctive
relief as well as to award monetary relief, as the arbitrator deems
appropriate.
24. Assignment
We may assign this contract at any time to any parent, subsidiary, or
any affiliated company, or as part of the sale to, merger with, or other
transfer of our company to another entity. We will use reasonable efforts to
notify you regarding any change of ownership. You may not assign, transfer or
sublicense these Terms of Use to anyone else and any attempt to do so in
violation of this section shall be null and void.
25. Eligibility
You must be 18 years of age or over, or the legal age to form a
binding contract in your jurisdiction if that age is greater than 18 years of
age, to register with us or use the Site and the Services. If you are between
the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can
use the Site or Services only in conjunction with, and under the supervision of,
your parent or guardian who has agreed to the Terms of Use. If you are under the
age of 13, you may not use the Site or Services, in compliance with the
Children's Online Privacy Protection Act. If you are the parent or legal
guardian of a child under the age of 18, you may use the Site or Services on
behalf of such minor child. By using the Site or Services on behalf of a minor
child, you represent and warrant that you are the parent or legal guardian of
such child and that all references in these Terms of Use to “you” shall refer to
such child or such other individual for whom you have authorization to enter
into these Terms of Use on their behalf, and you in your capacity as the parent
or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under these terms, do not use the Site or Services.
Membership in the Services is void where prohibited by applicable law, and the
right to access the Site is revoked in such jurisdictions. By using the Site
and/or the Services, you represent and warrant that you have the right,
authority, and capacity to enter into these Terms of Use and to abide by all of
the terms and conditions set forth herein. The Site is administered in the U.S.
and intended for U.S. users; any use outside of the U.S. is at the users own
risk and users are responsible for compliance with any local laws applicable to
their use of the Services or the Site.
Last Updated on January 3, 2012.
Copyright (©) 2011-2012 HomeHealthFinder.com, Inc. All rights reserved.
HomeHealthFinder.com
Last Updated on January 3, 2013.
The following terms and conditions constitute an agreement between you and HomeHealthFinder.com, Inc. (“HomeHealthFinder.com,” “we,” or “us”), the operator of HomeHealthFinder.com.com (the “Site”). These terms of use (the “Terms of Use”) govern your use of the Site, both as a casual visitor and as a registered user.
BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Texas any dispute that you may have with us, or the Site. Please note that we offer the Site "AS IS" and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf. HomeHealthFinder.com reserves the right to make
amendments to the TOU when need be.
1. About the Site
Everything we offer on the Site is referred to in these Terms of Use collectively as the "Services". Some of what is on the Site is viewable without
registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and your home healthcare agency information for purposes of allowing us to provide the marketing services and as otherwise disclosed in our Privacy Policy.
You acknowledge that although some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be
provided by individuals in the medical profession, the provision of such Information does not create a medical professional/patient relationship, and
does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided to assist the referring organization to refer their patients to your home healthcare agency for home health care services. The information is gathered from a qualified practitioner with the intent of locating appropriate medical care from the home healthcare agency.
A. Your registration obligation
To be a registered user of the Services of Home HealthcareFinder.com as a home health care agency you agree to: (a) provide true, accurate, current and complete information about your home healthcare agency as prompted by the Site registration form (the "Home Healthcare Agency Sign-up” registration data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HOMEHEALTHFINDER.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HOMEHEALTHFINDER.COM has the right to suspend or terminate all of
your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). HOMEHEALTHFINDER.COM is concerned about the safety and privacy of all its users, particularly referring patients. All home healthcare agencies must stay in compliance with all up keep of all professional licenses in which such active licenses enables such home healthcare agencies to engage in such home healthcare business in their active state(s). If such license becomes invalid HomeHealthcareFinder.com reserves the right to remove such agency from the HomeHealthcareFinder.com website and all remaining monthly amounts are forfeited.
B. Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content
(collectively, "Content"), contained in or delivered via the Services or otherwise made available by HOMEHEALTHFINDER.COM in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. HOMEHEALTHFINDER.COM does own the Site Content or portions of the Site Content may be made available to HOMEHEALTHFINDER.COM through arrangements with third parties. Except as expressly authorized by HOMEHEALTHFINDER.COM in writing
or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of HOMEHEALTHFINDER.COM. You shall use the Site Content only for purposes that are permitted by this and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
C. Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to HOMEHEALTHFINDER.COM a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. HOMEHEALTHFINDER.COM reserves the right to remove any of Your Content
from the site at any time if HOMEHEALTHFINDER.COM believes in its sole discretion that it does not comply with this TOU. In addition, you agree that HOMEHEALTHFINDER.COM may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of HOMEHEALTHFINDER.COM both on the Site and in marketing and promotional materials.
2. We Do Not Provide Medical Advice
The Information that you obtain or receive from HomeHealthFinder.com, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations. You can not submit a medically related question to HomeHealthFinder.com. HomeHealthFinder.com is an advertising website to promote and market your home healthcare agency to the medical community for the sole purpose of the medical community referring patients needing post acute care and other home healthcare services.
We do not recommend or endorse any specific home healthcare agency or individual in the medical profession or opinion that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
3. No Guarantees
We have no control over, and cannot guarantee the referring of any patients at any particular time. We will not be liable for cancelled or otherwise unfulfilled referring or any financial injury resulting there from, or for any other injury resulting from the use of the Site or Services whatsoever. You are strongly advised to perform your own investigation prior to accepting the referring patients needing home healthcare services by making
confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular health care provider (“Provider”)by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.
4. Authorization and Acknowledgement; Important Information About Provider Relationships and Lists
In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you understand that:
YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR PATIENTS.
HomeHealthFinder.com selects home healthcare agencies to be listed on the Site. If you would like to be listed on our site, please fill out the appropriate forms and we will ad you to our site. In addition to signing a contract, Providers must pay a fee to HomeHealthFinder.com in order to appear on the Site. The fee schedule can be seen on the site after filling out the Agency Sign-Up form or by using this website address: http://homehealthfinder.weebly.com/advertising-cost.html This fee is to help off-set the annual cost as well as help to promote and market the site to the medical industry for patient referrals.
HomeHealthFinder.com will provide you with lists and/or profile previews of Providers who may be suitable to deliver the health care that you
are seeking based on information that you provide to HomeHealthFinder.com (such as insurance information, proximity to your geographical location, and specialty of the Provider). In an effort to aid in the discovery of Providers and enable the maximum choice and diversity of Providers who participate in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Provider availability, past selections by and/or ratings of Providers by you or by other HomeHealthFinder.com users, and past experience of HomeHealthFinder.com users with Providers); but HomeHealthFinder.com (i) does not recommend or endorse any Providers, (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide, and (iii) does not receive any additional fees from Providers for featuring them through the Services.
HomeHealthFinder.com uses reasonable efforts to ensure that Providers only participate in the Services if they hold active medical licenses and all
certifications necessary to practice any specialty of the services offered by them to patients, and who remain qualified to participate in the Medicare and Medicaid programs. HomeHealthFinder.com may also exclude Providers who, in HomeHealthFinder.com’s discretion, have engaged in inappropriate or unprofessional conduct.
If you elect to enter information into a medical history form ("Medical History Form") on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that HomeHealthFinder.com may use the data or information you provide on a Medical History Form in accordance with its Privacy Policy.
5. Editorial Control
We make the Site available as a service to consumers and Providers for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted on the Site reviewed by the Site’s editorial personnel. It is important to note, however, that the
timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.
You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.
PRACTITIONER INFORMATION: Provider and practice information found on the Site is intended for general reference purposes only. Provider information found on the Site is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor HomeHealthFinder.com provides any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
6. Registration
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members ("Credentials"). You should keep your Credentials private and not share your Credentials with anyone else. You
are responsible for notifying us if your password has been hacked or stolen. You may notify us by sending an email to service@HomeHealthFinder.com.com.
7. Your Personal Information
In order to register, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize
HomeHealthFinder.com, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, social security number and contact information; medical and social history; current medical needs; and other information that is either requested by HomeHealthFinder.com or volunteered by you ("Personal Information") in order to provide the Services to you, in accordance with our Privacy Policy. Please review it carefully, as your use of the Site constitutes your agreement to the Privacy Policy.
8. Your Responsibilities
Even though to sign up is free of charge, the usual and customary charges for any medical services rendered by collaborating Providers profiled on
the Site will apply and will be entirely your responsibility.
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials.
You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
A. copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
B. remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
C. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
D. access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews
related to the health care industry or Providers;
E. reformat or frame any portion of the web pages that are part of the Site and/or the Services;
F. fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;
G. create user accounts by automated means or under false or fraudulent pretenses;
H. collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
I. use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services.
In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this
provision and to enforce these Terms of Use.
9. Changes to These Terms of Use
We may change these Terms of Use at any time, as we reasonably deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use, the modification, and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then please do not use the Site.
10. Changes to the Services
We may from time to time add new services to the Services, substitute
a new service for one of the existing Services, or discontinue or suspend one of
the existing Services. Information about the new services will be included on
the Site, and the use of new services will be governed by these Terms of Use.
You agree that HomeHealthFinder.com will not be liable to you or any third party
for any suspension or discontinuation of any of the
Services.
11. Links to Other Sites
The Site may include links to other websites, including links provided
as automated search results. Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. These links are provided for your
convenience only and do not mean that we endorse these sites or the products and
services they provide. You acknowledge and agree that we are not responsible or
liable for the content or accuracy of these other
sites.
12. Additional Terms
Certain of the Services on the Site may have additional terms (such as
policies, guidelines, and rules) that will further govern your use of that
particular Service and supplement these Terms of Use. If you choose to register
for or access any such Services, you will be presented with any relevant
additional terms and conditions at that time. By using those Services, you agree
to comply with such additional guidelines and rules.
13. No Spam
You may not use contact information provided by our users or
collaborating Providers, or harvest such information for the purpose of sending,
or to facilitate the sending, of unsolicited bulk communications such as SPAM.
You may not allow others to use your account to violate the terms of this
section. We may terminate your membership or access to the Site immediately and
take other legal action if you or anyone using your Credentials violates these
provisions.
14. Content You Post or Submit
You will have the opportunity to submit feedback regarding your
experiences with Providers who are featured on the Site, to submit inquiries
concerning possible patient referrals and to participate in the other
interactive and community features of the Site (collectively “Posted
Information”). It is important that you act responsibly when providing Posted
Information. In providing feedback, please give clear, honest information about
the Provider and your experiences, but do not use inappropriate language, make
gratuitous personal criticisms or comments or provide information that others
could use to determine your identity. When participating in other interactive or
community aspects of the Service, please do not post any information that
another user or Provider may use to identify you as an individual, but please do
include all relevant information in a concise manner to help us provide you with
a helpful response.
We reserve the right to publish your Posted Information as part of the
Service and to also remove your Posted Information for any reason. We are not,
however, responsible for any failure or delay in removing Posted Information.
Keep in mind that the Posted Information of others is simply opinion and should
not be relied on. In addition:
A.
You are solely responsible for any Posted Information that you submit,
publish or display on the Site or transmit to other members and/or other users
of the Site.
B.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior written consent of the owner of such proprietary rights. You may not
submit any content or material that infringes, misappropriates or violates the
intellectual property, publicity, privacy or other rights of any party.
C.
You may not provide any Posted Information that falsely expresses or
implies that such content or material is sponsored or endorsed by
HomeHealthFinder.com.
D.
You may not provide any Posted Information that is unlawful or that
promotes or encourages illegal activity.
E.
You understand and agree that HomeHealthFinder.com may (but is not
obligated to) review and delete any Posted Information that in the sole judgment
of HomeHealthFinder.com violates these Terms of Use or which might be offensive,
illegal, or that might violate the rights of, harm, or threaten the safety of
other users or members of the Site and/or other website users.
F.
You agree that you will only provide Posted Information that you
believe to be true and you will not purposely provide false or misleading
information.
G.
By posting Posted Information on the Site, you agree to and hereby do
grant, and you represent and warrant that you have the right to grant,
HomeHealthFinder.com, its contractors, and the users of the Site an irrevocable,
perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license
to use, copy, publicly perform, digitally perform, publicly display, and
distribute such Posted Information and to adapt, edit, translate, prepare
derivative works of, or incorporate into other works, such Posted Information.
This license is non-exclusive, except you agree that HomeHealthFinder.com shall
have the exclusive right to practice this license to the extent of combining
your Posted Information with the Posted Information of other
HomeHealthFinder.com users for purposes of constructing or populating a
searchable database of reviews and information related to the health care
industry.
H.
The following is a partial list of the kind of content and
communications that are illegal or prohibited on/through the Site.
HomeHealthFinder.com reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the
Services and terminating the membership of such violators or blocking your use
of the Services and/or the Site. You may not post content that:
· is false or intentionally misleading;
· harasses or advocates harassment of another person;
· involves the transmission of unsolicited mass mailing or "spamming";
· violates the intellectual property or other rights of any person;
· is threatening, obscene, defamatory or libelous; or
· is pornographic or sexually explicit in nature.
15. Your Use of Content
All of the Information available on or through the Services and/or the
Site, including without limitation, text, photographs, graphics and video and
audio content, is owned by us and our licensors and is protected by copyright,
trademark, patent, and trade secret laws, other proprietary rights, and
international treaties. You acknowledge that the Services and any underlying
technology or software used in connection with the Services contain
HomeHealthFinder.com’s proprietary information. We give you permission to use
the aforementioned content for personal, non-commercial purposes only and do not
transfer any intellectual property rights to you by virtue of permitting your
use of the Services. You may print, download, and store information from the
Site for your own convenience, but you may not copy, distribute, republish
(except as permitted in this paragraph), sell, or exploit any of the content, or
exploit the Site in whole or in part, for any commercial gain or purpose
whatsoever. Except as is expressly and unambiguously provided herein,
HomeHealthFinder.com and its suppliers do not grant you any express or implied
rights, and all rights in the Site and the Services not expressly granted by
HomeHealthFinder.com to you are retained by
HomeHealthFinder.com.
16. Disclaimer of Warranties
We have no special relationship with or fiduciary duty to you. You
acknowledge that we have no control over, and no duty to take any action
regarding: which users gain access to the Site and/or the Services; what content
you access via the Site and/or the Services; what effects the content on the
Site and/or the Services may have on you; how you may interpret or use the
content on the Site and/or the Services; or what actions you may take as a
result of having been exposed to the content on the Site and/or the Services.
You release us from all liability for you having acquired or not acquired
content through the Site and/or the Services. The Site and/or the Services may
contain, or direct you to websites containing, information that some people may
find offensive or inappropriate. We make no representations concerning any
content contained in or accessed through the Site and/or the Services, and we
will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Site and/or
the Services. We make no representations or warranties regarding suggestions or
recommendations of services or products offered or purchased through the Site
and/or the Services. WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL
FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR
GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY
DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT
TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT
THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A
PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE,
RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT
YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH
THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT
RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF
INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION
PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN,
HOMEHEALTHFINDER.COM MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE
AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE INFORMATION. HOMEHEALTHFINDER.COM DOES NOT
WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA
WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER
VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
17. General Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE
CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE
LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE
OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE
GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR
THE SITE OR THE SERVICES OR (B). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO
ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR
INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY
CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL
MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN
IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
18. Termination
We may terminate and/or suspend your registration immediately, without
notice, if there has been a violation of these Terms of Use or other policies
and terms posted on the Site by you or by someone using your Credentials. We may
also cancel or suspend your registration for any other reason, including
inactivity for an extended period, but will attempt to notify you in advance of
such cancellation or suspension. HomeHealthFinder.com shall not be liable to you
or any third party for any termination of your access to the Site and/or the
Services. Further, you agree not to attempt to use the Site and/or the Services
after any such deletion, deactivation or termination (provided, in the case of
deactivation due exclusively to your inactivity, you may re-register). Sections
2, 3, 4, 14, 16, 17, 18, 19, 20 and 22 through 25 shall survive any termination
or expiration of these Terms of Use.
19. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold
harmless us, our employees, contractors, officers, directors, agents, parent,
other affiliated companies, suppliers, successors, and assigns from all
liabilities, claims, demands and expenses, including attorney's fees, made by
any third party that arise from or are related to (a) your access to the Site,
(b) your use of the Services, or (c) the violation of these Terms of Use, or of
any intellectual property or other right of any person or entity, by you or any
third party using your Credentials. The foregoing indemnification obligation
does not apply to liabilities, claims and expenses arising as a result of our
own gross negligence or intentional misconduct.
20. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the
Site or the Services constitutes your electronic signature to these Terms of
Use, which includes our Privacy Policy, and your consent to enter into
agreements with us electronically.
21. Copyright Dispute Policy
HomeHealthFinder.com has adopted the following general policy toward
copyright infringement at the address of HomeHealthFinder.com’s designated agent
to receive notification of Claimed Infringement ("Designated Agent") is provided
at the bottom of this section.
HomeHealthFinder.com Policy.
It is HomeHealthFinder.com’s policy to (a) block access to or
remove material that it believes in good faith to be copyrighted material that
has been illegally copied and distributed by any of our advertisers, affiliates,
content providers, members or users; and (b) remove and discontinue Service to
repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible
through the Site or the Services infringes a copyright, please send a notice of
copyright infringement containing the following information to the Designated
Agent listed below ("Proper Bona Fide Infringement Notification"):
- A physical or electronic signature of a person authorized to act
on behalf of the owner of the copyright that has been allegedly infringed; - Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing
including information regarding the location of the infringing materials
that the copyright owner seeks to have removed, with sufficient detail so
that HomeHealthFinder.com is capable of finding and verifying its existence; - Contact information about the notifier including address,
telephone number and, if available, email address; - A statement that the notifier has a good faith belief that the
material is not authorized by the copyright owner, its agent, or the law;
and - A statement made under penalty of perjury that the information
provided is accurate and the notifying party is authorized to make the
complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification.
Once a Proper Bona Fide Infringement Notification is received by
the Designated Agent, it is HomeHealthFinder.com’s
policy:
- To remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed
or disabled access to the material; and - that for repeat offenders, HomeHealthFinder.com will also
terminate such content provider's, member's or user's access to the Service.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider, member or user believes that the material
that was removed or to which access was disabled is either not infringing, or
the content provider, member or user believes that it has the right to post and
use such material from the copyright owner, the copyright owner's agent, or
pursuant to the law, the content provider, member or user must send a
counter-notice containing the following information to the Designated Agent
listed below:
- A physical or electronic signature of the content provider, member
or user; - Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or disabled; - A statement that the content provider, member or user has a good
faith belief that the material was removed or disabled as a result of
mistake or a misidentification of the material; and - The content provider's, member's or user's name, address,
telephone number, and, if available, email address and a statement that such
person or entity consents to the jurisdiction of the Federal Court for the
judicial district in which the content provider's, member's or user's
address is located, or if the content provider's, member's or user's address
is located outside the United States, for any judicial district in which
HomeHealthFinder.com is located, and that such person or entity will accept
service of process from the person who provided notification of the alleged
infringement.
Removal.
If a counter-notice is received by the Designated Agent,
HomeHealthFinder.com may send a copy of the counter-notice to the original
complaining party informing that person that it may replace the removed material
or cease disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or user, the
removed material may be replaced or access to it restored in 10 to 14 business
days or more after receipt of the counter-notice, at HomeHealthFinder.com’s
discretion.
Address for Designated Agent. Please contact HomeHealthFinder.com’s Designated Agent to Receive
Notification of Claimed Infringement at the following
address:
HomeHealthFinder.com, Inc.
12335 Kingsride Ln # 397
Houston, Texas 77024
Phone: (832) 224-5888
Fax: (832) 426-5731
Email to: service@HomeHealthFinder.com.com
22. Entire Agreement
These Terms of Use and any supplemental terms, policies, rules and
guidelines posted on the Site, including the Privacy Policy, constitute
the entire agreement between you and us and supersede all previous written or
oral agreements. If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
The failure of HomeHealthFinder.com to exercise or enforce any right or
provision of these Terms of Use shall not constitute a waiver of such right or
provision. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
hereunder.
23. Choice of Law and Dispute Resolution
These Terms of Use shall be deemed to have been entered into and shall
be construed and enforced in accordance with the laws of the State of Texas as
applied to contracts made and to be performed entirely within Texas, without
giving effect to the state’s conflicts of law statute. Any controversy, dispute
or claim arising out of or related to these Terms of Use or your use of the
Services shall be settled by final and binding arbitration to be conducted by an
arbitration tribunal in the State, City and County of Texas, pursuant to the
rules of the American Arbitration Association. The arbitration tribunal shall
consist of one arbitrator. The decision or award of the arbitrator shall be
final, and judgment upon such decision or award may be entered in any competent
court or application may be made to any competent court for judicial acceptance
of such decision or award and an order of enforcement. The parties agree that
the arbitrator shall have the authority to impose equitable and injunctive
relief as well as to award monetary relief, as the arbitrator deems
appropriate.
24. Assignment
We may assign this contract at any time to any parent, subsidiary, or
any affiliated company, or as part of the sale to, merger with, or other
transfer of our company to another entity. We will use reasonable efforts to
notify you regarding any change of ownership. You may not assign, transfer or
sublicense these Terms of Use to anyone else and any attempt to do so in
violation of this section shall be null and void.
25. Eligibility
You must be 18 years of age or over, or the legal age to form a
binding contract in your jurisdiction if that age is greater than 18 years of
age, to register with us or use the Site and the Services. If you are between
the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can
use the Site or Services only in conjunction with, and under the supervision of,
your parent or guardian who has agreed to the Terms of Use. If you are under the
age of 13, you may not use the Site or Services, in compliance with the
Children's Online Privacy Protection Act. If you are the parent or legal
guardian of a child under the age of 18, you may use the Site or Services on
behalf of such minor child. By using the Site or Services on behalf of a minor
child, you represent and warrant that you are the parent or legal guardian of
such child and that all references in these Terms of Use to “you” shall refer to
such child or such other individual for whom you have authorization to enter
into these Terms of Use on their behalf, and you in your capacity as the parent
or legal guardian of such child or as the authorized party of such individual.
If you do not qualify under these terms, do not use the Site or Services.
Membership in the Services is void where prohibited by applicable law, and the
right to access the Site is revoked in such jurisdictions. By using the Site
and/or the Services, you represent and warrant that you have the right,
authority, and capacity to enter into these Terms of Use and to abide by all of
the terms and conditions set forth herein. The Site is administered in the U.S.
and intended for U.S. users; any use outside of the U.S. is at the users own
risk and users are responsible for compliance with any local laws applicable to
their use of the Services or the Site.
Last Updated on January 3, 2012.
Copyright (©) 2011-2012 HomeHealthFinder.com, Inc. All rights reserved.
HomeHealthFinder.com