Last updated: November 29, 2017

TERMS OF USE

All Heart Homecare Agency, Inc. (“All Heart Homecare”), accessible online through a website located at https://www.allheartcare.com (together with any successor application(s), website(s), platform(s), tool(s), and all Services (as defined in Section 2), the “Site“), is operated by All Heart Homecare (“we,” “us“). Your use of the Site is governed by these Terms of Use (“Agreement“) and Privacy Policy, regardless of how you access the Site.

1. Acceptance of terms. By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post in the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. You can determine when we last changed this Agreement by referring to the “Last updated” legend above. Your use of the Site following changes to this Agreement will constitute your acceptance of those changes. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and All Heart Homecare regarding the Site. We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users. If you do not agree to any provision of this Agreement, you should not use the Site.

2. Services.

2.1 We provide users of the Site access to information about services we provide, information about All Heart Homecare, All Heart Homecare’s blog and other information (such information and services, collectively, the “Services“).

2.2 The descriptions of services and products on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. All products and services are not available in all areas or to all parties, and are subject to applicable laws and regulations. If you are interested in a particular product or service, you should contact us to request a complete description of the product or service, as well as information regarding its availability.

2.3 The information and graphics on the Site may contain inaccuracies, typographical errors and out of date information. Your use of this Site and the information and graphics contained on this Site are at your own risk. All Heart Homecare, its affiliates or subsidiaries do not warrant, represent or guarantee the accuracy, timeliness or completeness of this Site or any of the information or graphics contained on this Site.

3. Release. THIS SITE, AND ALL MATERIALS CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION, GRAPHICS, AUDIO, VIDEO, SOFTWARE AND OTHER DATA, IF ANY, ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO  ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

All Heart Homecare, its affiliates or subsidiaries have no duty to update or keep current this Site, and disclaim any responsibility for the content or accuracy of the information contained on this Site. To the extent permitted by law, All Heart Homecare, its affiliates or subsidiaries will not be liable to you or anyone else for (1) any decision made or action taken by you or anyone else in reliance on materials or information obtained or downloaded from this Site, or (2) any direct, indirect, consequential, incidental, special, or similar damages even if All Heart Homecare, its affiliates or subsidiaries are advised of the possibility of such damages.

4. Jurisdiction. The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. You agree that: (i) the All Heart Homecare Site shall be deemed solely based in New York, New York; and (ii) the All
Heart Homecare Site shall be deemed a passive website that does not give rise to personal jurisdiction over All Heart Homecare, either specific or general, in jurisdictions other than New York.

5. Compliance with laws and regulations. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

6. User eligibility. The Site is available to all individuals who are at least 18 years of age. Our Site is not available to any temporarily or indefinitely suspended Site users. By accessing to use the Site, you represent and warrant that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, You affirm that You are over the age of 13, as the Site is not intended for children under 13. If You are under 13 years of age, then please do not use the Site without the consent of Your parent or guardian. We have the right, in our sole discretion, to suspend or terminate your use of the Site and refuse any and all current or future use of all or any portion of the Site.

7. Your Information.

7.1. Your Information. We do not claim ownership of Your Information (as defined in Privacy Policy). We will use Your Information only in accordance with our Privacy Policy. However, to enable us to use Your Information and to ensure we do not violate any rights you may have in Your Information, you grant All Heart Homecare a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise, commercialize and exploit the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.

7.2. Restriction on use of Your Information. Except as otherwise provided in our Privacy Policy, we will not sell, rent or otherwise disclose any of your Personal Information (as defined in our Privacy Policy) about you (including your email address) to any third party.

8. Rules of conduct. Users of the Site shall respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree that you will not:

  • Use the Site for any fraudulent or unlawful purpose;
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or
    imply that we endorse any statement you make;
  • Post any information that is obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
  • Advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations;
  • Post unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”);
  • Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, cancelbots, spyware, or other  computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware,
    software, or equipment;
  • Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Site (including without limitation by hacking or defacing any portion of the Site);
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
  • Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site;
  • Frame or mirror any part of the Site without our express prior written consent.
  • Create a database by systematically downloading and storing Site content;
  • Use any robot, spider, Site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;
  • Encourage others to violate this Agreement;
  • Refuse to follow All Heart Homecare staff instruction or direction;
  • Disclose the Personal Information (as defined in Section 2 of Privacy Policy) of any member of the Site without the permission of that member;

Also, your posting of other inappropriate actions, Your Information or other materials may also warrant removal and/or suspension from the Site. All Heart Homecare reserves the right to remove any post or other material without warning or further notice.

While we prohibit conduct and content that violates this Agreement, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Site at your own risk.

For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, All Heart Homecare shall have the right to remove any Your Information or other material that violates this Agreement or is otherwise objectionable.

9. Content. THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE. THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND THEY DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THIS SITE ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR GENERAL HEALTH ISSUES.

ALL HEART HOMECARE AND THE SITE DO NOT SUGGEST OR RECOMMEND ANY PROCEDURES, PRACTICES, EQUIPMENT OR OTHER ITEMS THAT ARE COMPONENTS OF OR RELATED TO MEDICAL PRACTICE NOR RECOMMEND ANY PHYSICIANS OR OTHER MEDICAL OR HEALTH CARE  RRACTITIONERS OR INSTITUTIONS. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR ATTEMPT TO FOLLOW ANY PROGRAMS OR HEALTH RELATED SUGGESTIONS ON THIS SITE WITHOUT FIRST CONSULTING WITH YOUR PHYSICIAN. THE GENERAL INFORMATION PROVIDED HERE CANNOT BE RELIED ON TO APPLY TO SPECIFIC CASES AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.

The materials on this site may be downloaded and/or reprinted for personal, non-commercial use only, provided that any copyright, trademark or other proprietary notices included in the materials downloaded are not removed from the materials. Any reproduction, distribution, republication, or retransmission of any materials posted on this site in whole or in part for any reason except personal use is prohibited without the prior written permission of All Heart Homecare, its affiliates or subsidiaries

10. Consent to disclosure. You acknowledge and agree that All Heart Homecare may disclose Your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on All Heart Homecare, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of All Heart Homecare, its members, agents, employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all assets in the line of business to which this Agreement relates, or upon any other company reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

11. Use of Site.

11.1 Property. The Site is the property of All Heart Homecare and is protected by the United States and international copyright, trademark and other applicable laws. This includes the content, appearance, and design of this Site, as well as the trademarks, products names, graphics, logos, service names, slogans, colors and designs.

11.2. Limited License. All Heart Homecare grants you a limited, revocable, non-exclusive license to access and make personal use of the Site. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Site or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site’s name or the Marks; d) engage in any activity that interferes with the Site or another User’s ability to use the Site; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site; f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use; or g) assist others in challenging the validity of any Mark, the ownership of any Mark or the registration of any Mark.

You may use and view the materials on the Site in accordance with these Terms of Use. The contents are the intellectual property of All Heart Homecare, or are used by a related party under license from the owner. You may use them for personal and non-commercial uses only.

12. Third Party Websites. For your convenience, the Site may contain links to the websites or third parties from which you may be able to obtain content and/or download software. Except as otherwise noted, such third-party websites, and such content and software are provided by companies that are not affiliated and are independent of All Heart Homecare. All Heart Homecare does not endorse or make any representations or warranties concerning such websites, and may not have reviewed such content or software. All Heart Homecare has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party site. Therefore, All Heart Homecare makes no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor does All Heart Homecare necessarily endorse such websites or sources. By using the All Heart Homecare Site, you expressly relieve All Heart Homecare from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the All Heart Homecare Site and to read the terms and conditions and privacy policies of other each other site that you visit.

13. Errors and Inaccuracies. On the Site we strive to provide complete, accurate, up-to-date information. Unfortunately, despite those efforts, human or technological errors may occur. The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

14. Privacy Policy. All Heart Homecare collects information about you through the Site. Our collection, use, and disclosure of this information is governed by the Site’s Privacy Policy.

15. Marketing partners and third parties. Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that All Heart Homecare shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties in the
Site.

16. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us, our agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any breach of your representations and warranties or this Agreement or the documents it incorporates by party.

17. Warranties and Liability.

17.1 Disclaimer of Warranties. You understand and agree that you download or otherwise obtain material or data through the use of the Site at your own discretion and risk and that you will be solely responsible for any damages to your device or loss of data that results from the download of such material or data. The Site and all goods, services, information, and materials made available through the Site are provided to you “as is” without any express representations or warranties of any kind, and we disclaim all statutory or implied representations, warranties, terms, and conditions with respect to the Site and all services, information, and materials made available through the Site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and title. We make no representation or warranty that the Site (or any part thereof) will be accurate, complete, or error-free, nor that any particular software or hardware, will be compatible with the Site, and you hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware and services (including internet connectivity) needed to access and use the Site and (b) ensure that any software, hardware, and services that you use will function correctly with the Site. You agree that you must evaluate, and that you bear all risks associated with, the use of the Site, including any reliance on the accuracy, completeness, or usefulness of any information or materials made available through the Site. we disclaim any warranties regarding the security, reliability, timeliness, and performance of the Site. We disclaim any warranties for any information or advice obtained through the Site. We disclaim any warranties for services or goods received through or advertised in the Site or received through any links provided by the Site, as well as for any information or advice received through any links provided through the Site. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

17.2 Limitation of liability. We will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind in connection with the Site, nor for any damages for loss of profits, goodwill, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses.  Further, we will not be liable for damages of any kind resulting from your use of the Site or from any information or materials in the Site. Your sole and exclusive
remedy for dissatisfaction with the Site is to stop using the Site. Our maximum liability for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise shall be the total amount, if any, paid by you to us to download the Site.

17.3 Exclusions. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. If applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.

18. Dispute resolution.

18.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of the Site, Your Information, or your violation of any law or the rights of a third party. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a. “JAMS”), or its successor, for mediation pursuant to Section 18.3, and if the matter is  not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to Section 18.4. Nonetheless, legal action taken by All Heart Homecare to collect any fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by All Heart Homecare. Any claim or dispute that arises between you and All Heart Homecare that arises in whole or in part from the All Heart Homecare Site shall be decided exclusively in New York, New York.

18.2 Negotiation. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute.

18.3 Mediation. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are
confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation
session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case.

18.4 Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement by negotiation or mediation under Sections 18.2 and 18.3 shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either party may commence the arbitration process called for in this Agreement by filing a
written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS’ panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.

18.5 Enforcement. The provisions of Sections 18.3 and 18.4 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.

18.6 Notice; waiver. You agree that, except as otherwise specified in Section 18.1, all disputes, claims or controversies arising out of or relating to this Agreement will be decided by negotiation, neutral mediation and/or neutral arbitration. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and Siteeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.

18.7 Dispute between you and third party. If you have a dispute with a third party resulting from or arising out of or in connection with your use of the Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

18.8 Waiver of Jury Trial and Class Action. YOU ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WEHEALTH BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

19. Modifications and Service Interruption. We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of the Site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of the Site. We do not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control, maintenance or other reasons. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact us with a description of the unauthorized third party alteration. All Heart Homecare assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, or User communications. All Heart Homecare is not responsible for any technical malfunction or other problems of any telephone network or service, computer
systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Site. We do not guaranty that Site is free from viruses, worms, Trojan horses or other harmful components. You agree that we shall not be liable to you or to any third party for any viruses, worms, Trojan horses or other harmful components in the Site.

20. Trademarks; Copyrights; Proprietary Rights. Site’s trademarks, service marks, and other Site’s logos, products and service names, are trademarks of All Heart Homecare (“Proprietary Rights”). Except as otherwise permitted by law, you agree not to display or use in any manner the Proprietary Rights without All Heart Homecare’s prior written consent. All trademarks and service marks in the Site not owned by us are the property of their respective owners. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use Site’s Proprietary Rights in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Please note that unauthorized use of the Site may subject you to civil and criminal penalties (including, without limitation, possible monetary damages), including, without limitation, for copyright infringement.

You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Site and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to All Heart Homecare by you (collectively “Feedback”), and (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Site or otherwise relating to Site based on Feedback or otherwise (collectively, “Update”), are and will remain the property of All Heart Homecare. You authorize All Heart Homecare to treat Feedback and Update as non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Site or in any such Feedback or Update. All Feedback and Update become the sole and exclusive property of All Heart Homecare and All Heart Homecare may use and disclose Feedback and/or Update in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any
proprietary or other right or claim. You hereby assign to All Heart Homecare any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Update. At All Heart Homecare’s request, you agree to execute any document, registration or filing required to give effect to the foregoing assignment.

21. Copyright infringement. To comply with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement. Please send all claims of copyright infringement to:

All Heart Homecare Agency, Inc.
1660 East 14th Street, 2nd Floor, Brooklyn, NY 11229
718.285.9727

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright is being infringed, you should submit a written notification to us at the address and email stated above and include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a bona fide infringement notification, it is our policy to remove or disable access to the infringing material.

Please note that Section 512(f) of the DMCA allows imposing liability for damages on any person who knowingly sends meritless notices of infringement.

Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.

22. No resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site for any sales of goods or services, or promotion of a company, good, or service.

23. Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by certified postal mail to 1660 East 14th Street, 2nd Floor, Brooklyn, NY 11229, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing. Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.

We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

24. Entire Agreement. This Agreement hereby incorporates by this reference any additional terms that we post in the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.

25. No agency. No agency, partnership, joint venture, employee-employer or franchiser/franchisee relationship between you and the Site is intended or created by this Agreement.

26. Governing law. You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in State of New York, and waive any jurisdictional, venue, or inconvenient forum objections thereto.

27. Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by the All Heart Homecare, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Site’s assets, or similar transaction. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without All Heart Homecare’s express prior written consent.

28. No waiver. All Heart Homecare’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.

29. Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and the All Heart Homecare nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

30. Limitation. You and the All Heart Homecare each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this  Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

31. Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

32. Third-party beneficiaries. You agree that, except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries of these Terms of Use.

33. Information or Complaints. If you have a question or a complaint regarding the Site, please feel free to contact us at All Heart Homecare Agency, Inc., 1660 East 14th Street, 2nd Floor, Brooklyn, NY 11229 or by calling us at 718.285.9727.

All materials © 2017 All Heart Homecare Agency, Inc. unless otherwise noted. All rights reserved.