The Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Amendments to the Agreement will take effect immediately upon their publication on the Website, and Your continued use of the Website constitutes Your acceptance thereof. You are bound by any such revisions with respect to your ongoing use of the Website and any disputes that arise after such revisions become effective. Therefore, you should periodically visit this page to review the then-current Agreement to which You are bound.
The Website provides a service whereby You may submit information about yourself and Your home health care needs. Based upon such information submitted by You to the Company, the Company will attempt to provide You with home health care provider referrals. The Company will also provide Your contact information to home health care providers so that they may contact You directly, and You hereby consent to the provision of Your information by the Company to home health care providers. The Website also offers educational content about how to choose a home health care provider.
2. COMPANY'S CONTROL OVER WEBSITE
The Company has the right, but not the obligation, to monitor the use of the Website and its content.
The Company may change, suspend or discontinue any aspect of the Website at any time. The Company may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.
You may download, make copies of, or otherwise reproduce the content and other downloadable items displayed on the Website for personal, noncommercial use only, provided that You maintain all copyright and other notices contained in such content. Copying, otherwise reproducing, or storing of any content other than for Your personal, noncommercial use is expressly prohibited without the prior written consent of the Company. No right, title or interest in any of the Website's content is transferred to You as a result of using the Website. The graphics, logos and brand names located on the Website represent the trademarks and trade dress of the Company, which trademarks and trade dress may not be used in connection with any goods or services that are not the Company's nor may they be used in any way that would disparage or damage the reputation of the Company.
4. YOUR COMMUNICATIONS TO THE COMPANY
5. YOUR COVENANTS
You represent that You shall not upload, post or transmit to, distribute or otherwise publish through the Website any materials which are unlawful, violate or infringe the rights of third-parties, or contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information. You shall not use any robot, spider or other means of monitoring, copying or searching the Website or the Company’s data.
You further promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. You may not link to the Website in any manner that would bypass the Website's home page. You may not "frame" the Website or any portion thereof.
You promise not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the accuracy or source of Your information.
6. YOUR ACKNOWLEDGEMENTS
You acknowledge that the Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that the Company shall not be held responsible or liable for any third-party site.
You acknowledge (i) the Company has no control over the use or further disclosure of Your personally identifiable information by home health care providers with whom Your information is shared by You or the Company; and (ii) the Company shall not be held responsible or liable for any health care provider’s use or disclosure of Your personally identifiable information.
7. DISCLAIMER AND LIMITATION OF LIABILITY WITH RESPECT TO WEBSITE
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICES OR THE CONTENT OR THE AVAILABILITY OF THE WEBSITE, THE SERVICES OR THE CONTENT. THE COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS WITH RESPECT TO THE WEBSITE ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITES. YOUR USE OF ANY LINKED SITES IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE THAT THE COMPANY HAS NO CONTROL OVER THE HEALTH CARE PROVIDERS TO WHOM YOU ARE REFERRED, HAS NOT INDEPENDENTLY EVALUATED OR VERIFIED THE CREDENTIALS OR EXPERIENCE OF ANY SUCH PROVIDERS, AND THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK WITH RESPECT TO EVALUATING AND SELECTING A HOME HEALTH CARE PROVIDER, AND YOU SHALL NOT SEEK TO HOLD THE COMPANY LIABLE FOR ANY HARM OR DAMAGES ARISING FROM YOUR SELECTION OR USE OF A HOME HEALTH CARE PROVIDER REFERRED TO YOU BY THE COMPANY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF YOUR USE OF THE WEBSITE, THE SERVICES OR ITS CONTENTS, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR INCURRED IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE OR THE CONTENT SHALL BE LIMITED TO THE GREATER OF (I) THE AMOUNT, IF ANY, YOU PAID THE COMPANY FOR THE SERVICE; OR (II) TEN DOLLARS ($10).
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, owners, consultants, agents, successors and assigns from any and all third-party claims, liability, damages and/or costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages and attorneys' fees) arising from (i) Your violation of the terms of this Agreement, (ii) Your use of the Website or the services offered on or through the Website, or (iii) the infringement or violation by You of any third party’s rights.
Except as explicitly stated otherwise, any notices shall be given by email to CustomerService@HomeHealthNYC.com (in the case of the Company) or to the email address You provided to the Company during Your use of the Website, or such other address as either party may specify. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.
The Company may, with or without cause, immediately terminate this Agreement, and deny You access to the Website. Without limiting the foregoing, the Company has the right to immediately suspend Your right to access the Website in the event that You breach this Agreement or engage in conduct that the Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, You will no longer be authorized to access the Website. In the event of termination of this Agreement, the restrictions imposed on You with respect to material downloaded, copied or otherwise reproduced from the Website, the disclaimers and limitations of liabilities, and Your indemnification obligations set forth in this Agreement, shall survive.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the federal or state courts located in New York City, New York. You agree that You will not bring or be a party to any class action lawsuit against the Company.
You agree that the Company may elect to resolve any controversy or claim arising out of or relating to this Agreement by binding arbitration in accordance with the rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated in New York City, New York on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. You and the Company shall each pay an equal portion of the arbitration fees and costs.
This Agreement constitutes the entire understanding between the Company and You with respect to Your use of the Website. You may not assign this Agreement. If any court of competent jurisdiction declares any provision of this Agreement unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.