YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This web site, including all of its features and content (this “Web Site”) is a service made available by [Primary Wave Media, LLC], or its affiliates (“Marketing Company”) and all content, information, services and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
All Content included or available on this Web Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the protected intellectual property of the Provider, with all rights reserved. Any use of Content on this Web Site, including reproduction for any purpose, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Provider is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of Provider.
www.1800homecare.com and the 1-800-HOMECARE name are proprietary marks of Provider and may not be used in connection with any product or service that is not provided by Provider, in any manner that is likely to cause confusion among the consuming public, or in any manner that disparages or discredits Provider.
1-800-HOMECARE is a referral service, not a provider of home care services. Any references to home care providers on this Web Site are advertisements. Individual home care providers advertised on this Web Site or referred by 1-800-HOMECARE are independently owned and operated and Provider does not independently verify or monitor that home care providers on this Web Site have any or all necessary licenses to provide services and/or are in compliance with all applicable laws .The Provider makes no representations or warranties as to the performance of any home care provider that works with 1-800-HOMECARE, the results of any home care engagement, the suitability of an individual home care provider to the consumer’s particular situation, or the quality of services provided by a home care provider. Suitability of any home care provider must always be determined by the consumer in every case or situation. The Provider does not make recommendations to utilize any home care services and does not give medical advice. Consumers are solely responsible for determining whether the information provided by 1-800-HOMECARE is suitable for their purposes, and reliance on such information and engagement of a home care provider is at the consumer’s sole risk. Consumers should obtain any additional information necessary to make an informed decision. The Provider assumes no responsibility or liability for any advice, treatment, or services rendered by any home care provider featured on this Web Site or referred by 1-800-HOMECARE or Provider. Accordingly, all users indemnify and hold the Provider (including its, employees, agents, principals, officers and affiliates) harmless from and against any and all losses, claims, damages, expenses, fees that may be suffered by such users or other third parties in connection with this Web Site.
To increase traffic to this Web Site the Provider uses a number of third party links. Any user that uses these external links is responsible for conforming to the terms and conditions of the external website. If a viewer visits any of the portals advertised or marketed in this Web Site, the Provider shall not be liable for any damages sustained thereby. User acknowledges that Provider is not responsible for the availability of, or the content located on or through, any third-party site.
All users acknowledge and agree that the Provider may change the contents of this Web Site or these Terms of Use for any reason and without notice. In the event of such change(s), it is the responsibility of the user to stay informed of the recent changes to the Web Site.
DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
If any provision of these Terms of Use shall be held unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use and the agreement between Provider and user that these Terms of Use create shall be governed by the laws of the State of New York.
