Last Updated May 31, 2009
The following terms and conditions apply to all users of this site whether the user is a casual browser or registered subscriber of BestHomeHealthCare.com, hereinafter collectively referred to as “User(s)” and further defined in this Agreement:
ACCEPTANCE OF TERMS THROUGH USE
Users must be at least 18 years old to use this site and registration requirements are applicable for certain types of Users which must be completed on the BestHomeHealthCare.com web site. Certain Users agrees to register as they intend to use the web site under the following categories: Care Provider, Care Seeker, Shopper, Business, Non-Profit.
A “Care Provider” is defined as a User that intends to use the web site for the purpose of offering “Care Recipients” or those searching for a Care Provider some type of service for which they receive financial gain. A “Care Provider” can be a business or an individual that may be a Home Healthcare provider, a Remodeler, Housekeeper. Care Providers can also create a separate account to use the services offered to Care Seekers but will require a separate email address, user name and password.
A “Care Seeker” is defined as a User that intends to use the web site to help identify a “Care Provider” or use any other resource, product or service, posted or provide on the web site. Care Seekers can also create a separate account to use the services offered to Care Providers but will require a separate email address, user name and password.
A “MyCare” Subscriber is defined as a Care Seeker that intends to use these tools to post, track and or share personal medical information, contacts or activities through a calendar known as the Care Calendar. Such a subscriber can also participate in the care activities of another User (typically a family member or friend), which is known as “FamilyCare”. Even though a User has initially registered with BestHomeHealthCare.com they must activate the MyCare or FamilyCare Subscription in accordance with additional Terms and Conditions governing this service offering simply by reading and agreeing to the additional terms and conditions and checking a box.
ELIGIBILITY TO USE THIS SITE AND TO AGREE TO THE TERMS AND CONDITIONS OF THIS SITE
This Agreement is intended to be understood and agreed to by a person 18 years old or more. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If Users are not yet 18, if Users are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as Users do not have permission to access this site.
Users must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of this site. Users may maintain only one account for the product or service they will provide or use. Any duplicate accounts will be subject to cancellation. A User may not operate multiple accounts by registering several emails to promote the identical product or service, which shall also be cause for terminating all suspected accounts.
The Company’s program and web site is only available via access through the BestHomeHealthCare.com web site at http://www.BestHomeHealthCare.com. Users must have Internet access to browse through this site but must complete a registration form to interact with other Users or use certain products or services of the web site. The Company is not responsible for a User’s inability to connect to the Internet, log into the site, or access User’s account.
LICENSE TO USE THIS SITE
Upon User’s acceptance of this Agreement through the User’s use, the Company hereby grants User a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. User agrees not to make any false or fraudulent statements in User’s use of or to gain access to this site. User acknowledges and agree that all content and services available on this site including but not limited to artwork, photographs, graphics, data collections, methods of analysis, ratings, text and trademarks, are property of the Company and its advertisers and licensors and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
Verification Services Offered By Third Party Vendors
BestHomeHealthCare.com may make available to Users certain third party verification services. These services may include identity checks, credit checks, consumer reports and any other background checks to verify the identity and any criminal convictions of a User. Verification Services are optional. In the event a User opts to use such services, you agree to allow the Company to use such information, at its option, to rely on the information and make it available to other Users. However, the Company shall not be responsible for the accuracy or content of any of the information it receives from such Verification Services. You further agree to hold the Company harmless and release the Company and other Users from any and all liability concerning the use or accuracy of such Verification Services. If such Verification Services are used, Users shall comply with the Fair Credit Reporting Act, 15 USC 1681 and all its provisions, which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf.Questions, requests and disputes concerning any information retrieved by such Verification Services must be addressed between the User and the Verification Services itself.
Billing and Payment Policy
BestHomeHealthCare.com is a Free Service to Care Seekers. However, certain Care Providers and Companies that wish to advertise on the web site will be required to subscribe to pay for such services. Billing and payment policies may vary according to the Care Provider type or type of Company that wishes to advertise. In any case, rates, billings and payment will be disclosed:
A one-time registration fee of $35.00 will be assessed to each Care Provider following completion of the registration module, unless there is a promotional event waiving the fee.
Annual Subscription. Care Providers can opt for an annual bill for services at $99.95 billed in advance, annually. Billing will occur preceding the beginning of the year and will automatically be renewed every 365 days unless cancelled by the Care Provider.
Pricing and promotions are at the Companies option but for Care Providers that subscribe to a specific billing term, such price will be honored for the term contracted for and can only be changed upon renewal term.
Lead or Referral Based Programs. The Company may offer referral based billing to certain Care Providers or other companies. Such companies may include but not be limited to long term care insurance providers, nursing homes, assisted living facilities and the like. Leads will only be delivered to such entities upon the User’s completion of an information request form. The Company is not responsible for any failure of the Referral Program Participant to receive Leads due to filter settings imposed by the User to guard against Spam or that of their ISP’s email filtering settings. Leads or Referrals will be acted upon within 48 hours of the receiving the Lead for the purpose of providing information only about the services requested. Participants in this program shall not store, sell or cross promote any information received concerning the individual requesting service. Violation of this policy will result in termination from this Program.
Advertising On The Web Site. Companies may wish to advertise on the BestHomeHealthCare.com web site. Rates and terms can be requested from the Company.
The Company may also offer premium add-on features available to certain Care Providers and Users for an additional fee. Such features are optional and the pricing will be disclosed in advance.
For any and all fees, the Company will charge the Care Provider or Advertiser’s credit card based on the Services selected for use on the web site, unless previous arrangements have been made with the Company. The Company has taken reasonable precautions in accordance with industry standards, to secure any and all transactions, however, the Company expressly disclaims any liability for any damage that may result should any information be released to any third parties. All Care Providers and Companies agree to hold the Company harmless from any and all damages that may result from the use of a third party billing provider. Please review and request information about your credit card security and information from the Company’s credit card processing Company.
No refunds, proration or credits will be provided to Users who cancel their account after the account has been billed. Additionally, no refunds, prorations or credits will be provided to Users who have violated any of the Company’s terms and conditions resulting in the early termination of their account.
USER NAME AND PASSWORD PROTECTION
The COMPANY will issue User a user name and password, if User chooses to participate or use the web site. The COMPANY will use its best efforts to keep User’s user name and password secure with acceptable industry procedures and practices that the COMPANY is aware of. However, the COMPANY will not be held responsible and User shall hold the COMPANY harmless in the event User creates a username and/or password that can easily be guessed or User gives the user name and password to someone other than themselves in written or verbal form. The COMPANY takes actions based on password verification whether that action is viewing any content in Users’ account. User agrees to take the precautions necessary to safeguard the security of User’s user name and password.
AGREEMENT NOT TO DUPLICATE BESTHOMEHEALTHCARE.COM IN WHOLE OR PART
User agrees that User shall not try to duplicate in whole or in part any portion of this site through any form of reverse engineering or data compiling or translation or alter any code or contents on or received from this site. User agrees and understands that civil and/or criminal proceedings may be filed for such action to protect the rights of the COMPANY.
THIRD PARTY SITES
From this site, User may be transferred to online merchants or other third party sites through various links. BestHomeHealthCare.com is a connection platform or portal that allows Users to connect to each other or research and purchase products from other sites. Any purchases User makes will be through other websites and from other companies. User is cautioned to read such sites' Terms and Conditions, Sales, Return and Warranty Policies, and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of User’s use of such sites. Be sure to carefully evaluate and investigate such sites to your satisfaction.
User is also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. Company shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information or promotions, products or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from such terms and conditions and sites. The Company does not guarantee prices, promotions, or products or services, or anything on such sites. User is knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the "coupons" and specials listed on this site. User agrees that the ‘Company and its licensors and advertisers shall have no liability whatsoever from such third party sites and User’s usage of them.
These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. The Company does not sponsor or recommend these sites. User acknowledges that the Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for User’s convenience. If User suspects a problem or practice that is inappropriate or deceptive, report it to BestHomeHealthCare.com.
If Users have any further complaints with such sites, User can contact that site directly, or contact User state Attorney General or the Federal Trade Commission at www.ftc.gov.
It is agreed that the Company is not responsible for any financial arrangements between Users. It is the Users responsibility to report and comply with any all tax laws of federal, state, and local jurisdictions with regard to this matter. In all instances, User will be solely responsible for any and all tax liability arising out of such a arrangement and will hold the Company, its officers, Directors and Shareholders harmless from any such claims.
User agree that when issued a User name and Password by the Company, User shall use their best efforts to prevent access to this site through their User name and Password by anyone other than the User, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if User discover loss or access to such information by another party not under User’s control and supervision, and by using a User name and Password not easily guessed by a third party.
Except as may be explicitly permitted through this web site, User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. User further agrees not to make any claims of endorsement or act as a representative of the Company in any form of communication within this site or not. User shall not use any portion of the BestHomeHealthCare.com name in whole or part, including misspellings of the site's name, as an email address, user name or forum handle . In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
If a User is a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995).
The Company’s, licensors' or other third party materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
COPYRIGHT COMPLAINTS AND NOTICE
The Company respects the intellectual property of others and seeks to comply with the Digital Millennium Copyright Act. Users of this web site are asked to do the same. In order to protect intellectual property belonging to others and prevent its misuse, the Company asks you to forward the following information if you believe your rights have been infringed upon:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Company’s web site where the material you claim is infringed is located.
A reference to or link (URL – Internet address) that allows the Company to look at the material that is being claimed as infringed or a physical copy of such material
A statement by you that you are the copyright owner or agent for the owner and why you feel your material was used without authorization
A means to contact you: name, address, email and phone number.
All information is to be forward to:
Attn: General Counsel – Copyright Agent
1736 St. Clair Ave NE
Cleveland, OH 44114555
DISCLAIMER OF WARRANTIES
THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR AS A RESULT OF INFORMATION PROVIDED BY THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE OR INFORMATION PROVIDED BY THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER’S USE OF THIS SITE IS SOLELY AT USER’S RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO USER BUT SHALL APPLY AS MUCH AS PERMITTED BY LAW OF THE USER’S JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF USER’S JURISDICTION.
User agree to defend, indemnify, and hold harmless the Company, its advertisers, vendors, product and service providers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents, shareholders and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from User’s use of this site, or any services, information or products from this site, or any violation of this Agreement or the terms of their offerings. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User's use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User's identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
Users that elect to use any portion of this web site agree to be in compliance with any and all regulations and policies concerning the Health Information Privacy Protection Act (“HIPPA”). Users further agree to hold the Company, its Officers, Directors, Shareholders, Affiliates, and other Users, harmless from any and all claims arising out of any alleged violation. Individuals that choose to subscribe to any of the Company’s services, including but not limited to the MyCare or FamilyCare Program agree that they are providing such information at their option and risk. If a User is creating an account for another User that they manage care for, they warrant that they have the legal medical power of attorney to do so. All Users can share their information with others based on an opt in service only. If the User decides to allow others to view or participate in any of the Company’s Family Care Program, then all parties agree to be bound by HIPPA and further agree to release the Company of any and all liabilities and to hold the Company harmless by sharing such information.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Ohio, United States of America. By accessing this site, both User and the Company agree that the statues and laws of the Ohio shall apply to any actions or claims arising out of or in relation to this Agreement or User’s use of this site, without regard to conflicts of laws principles thereof. User and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Ohio in the County of Cuyahoga and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
CAUSE FOR TERMINATION OF USE
Users registered to use BestHomeHealthCare.com’s Program are subject to guidelines posted on the web site, the terms and conditions of this Agreement or any addendum to their Agreement. Any failure to comply with the terms and conditions, any fraud or abuse relating to or through the use of this web site, or any misrepresentation of any information furnished to the Company or its affiliates by User, or anyone acting on User’s behalf, may result in the termination of the User in the Company’s program and cancellation of User’s account in the Company’s sole discretion
The Company also reserves the right to close accounts that have been inactive for more than six (6) months referred to as “Dormant Accounts”. Inactivity for these accounts is defined as no tracked visits through either a log in event, purchase, or coupon usage or if their email is returned and User is unreachable. It is agreed to by the User, there is a cost associated with maintaining a User’s account. Consequently the Company will no longer allow the User to login under that username and password.
DISCLOSURE OF INFORMATION
User authorizes Company to only disclose to third parties, information User has provided, or information that the Company has obtained about User’s account or shopping behavior: (i) to agents registered with the Company and licensors of the Company or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated and non-personalized marketing services for an advertising or merchant partner, or (iv) where it is necessary for redemption of User’s reward points. Further, User authorize the Company to receive any account information from any Online Affiliate or Local Store including, but not limited to information regarding purchases made, products ordered, order number, the time and date the purchase occurred, the email address entered for the purchase. User agrees to hold the Online Affiliate, Local Store or any other registered User or affiliate harmless for any information disclosed to the Company.
By signing up through the Company’s web site, BestHomeHealthCare.com, User agree to receive communications that are account and User related (e.g. that we've added job postings, a coupon has been redeemed, welcome message, new local provider posted, new features are available, etc) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Users. User can opt-out of receiving emails that are not account-related by either (i) visiting User account page for preferences and hitting the 'edit' link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with Users in order to operate our service, User can't unsubscribe from account information emails. We do not send frivolous information to you. These are not promotional emails, and are only used to notify User that a change was made to your account, expiration deadlines, and so forth. If a User does not want to ever hear from us, User can close down their account by contacting customer service.
ASSOCIATED DOMAINS OWNED BY THE COMPANY
The Company owns and operates multiple domains. The terms and conditions and the privacy statement posted on the BestHomeHealthCare.com web site shall universally apply to all such domain whether or not the domain name is active, redirected to BestHomeHealthCare.com or has its own web site. Such domain names include but are not limited to the following:
City Specific or Local Domains
State Specific Domains
Healthcare Specific Domains
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed unless posted on this site by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.