Please read these terms and conditions carefully. It contains important information regarding your rights and obligations and contains a dispute resolution clause. By utilizing www.aplaceathome.com, you agree to be bound by these terms and conditions.
A Place At Home (“APAH”) offers non-medical in-home care services, senior living placement services, care coordination and health care organization staffing services (“APAH Services”). This website gives you (“APAH User”, “You” or “Your”), among other things, the ability to obtain APAH Services directly from APAH and submit certain content on www.aplaceathome.com (“APAH Website”). APAH periodically updates features and adds new ones depending on market conditions and other factors.
These Terms and Conditions relate to the use of the APAH Website and the APAH Services. By accessing the APAH Website and/or purchasing the APAH Services, You agree to be bound by these Terms and Conditions. In the event that APAH updates these Terms and Conditions, your use of the APAH Website/APAH Services following the update shall be deemed as your acceptance of, and You will be bound by, the updated Terms and Conditions. The latest version of these Terms and Conditions will be posted online at www.aplaceathomefranchise.com and www.aplaceathomefranchise.com.
1. Content Ownership. You understand that all listings, messages, text, files, images, photos, video, audio or other materials (“Content”) posted on, transmitted through, or linked from the APAH Website are the sole responsibility of the person or organization from whom such Content originated. You also understand that APAH does not control and is not responsible for Content made available through the APAH Website, and that by using the APAH Website, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Furthermore, the APAH Website and Content made available through the APAH Website may contain links to other web sites that are completely independent of APAH. APAH makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on such a website. Under no circumstances will APAH be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the APAH Website. You understand and agree that any uploading or posting will be at your sole risk and APAH Website shall not be responsible to you in any way. Further, APAH Website does not provide any warranty as to your use of third-party content or software that you obtain from the APAH Website. You are also fully responsible for any Content you post on the APAH Website and to the consequences of any such Content. Although APAH does not claim ownership of Content that its users post, by posting Content to the APAH Website, you automatically grant, and you represent and warrant that you have the right to grant, to APAH an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses through multiple tiers of the foregoing. You also understand and agree that APAH, in its sole discretion, may delete any Content for any reason.
2. Intellectual Property. Title to the intellectual property rights owned or otherwise utilized by APAH and/or APAH’s affiliated entities, including, but not limited to its patents, patent applications, processes, registered and common law trademarks, service marks, trade names, trade dress, symbols, slogans, emblems, logos, insignias, copyrights, trade secrets and combinations of the foregoing will always remain the property of APAH. All of the information contained in the APAH Website is the property of APAH and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
3. APAH User Representations. By utilizing the APAH Website You hereby represent, acknowledge and agree that:
(i) You will not modify, rent, release, lend, sublicense or otherwise redistribute the APAH Services, in whole or in part, to any other person or entity;
(ii) You will not create or permit others to create, by reverse engineering or otherwise, products or services similar to those offered by APAH or any part thereof;
(iii) The APAH Website will be used in compliance with the CAN-SPAM Act of 2003, will only be used for lawful purposes and You will not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising) in connection with the APAH Services;
(iv) While utilizing the APAH Websites, you will not send any content or any other text, pictures, sound, graphics, video and other data or any other materials that are listed in the Prohibited Content section of these Terms and Conditions;
(v) You will not interfere with or disrupt the APAH Website, APAH’s servers or APAH’s networks connected to the APAH Website or any other website connected with your use of the APAH Services; and
(vi) You have read, understand and will comply with APAH’s Privacy Policy in connection with the APAH Website.
4. Prohibited Content upon Submission. The APAH Website may not be used in connection with any person and/or organization that:
(i) Promotes any products/services in connection with illegal goods; illegal drugs; illegal drug contraband; drug paraphernalia; pornography or illicitly sexual services; escort services; dating services; pirated computer programs; illegal firearms; instructions on how to assemble or otherwise make bombs, grenades or other weapons; gambling; and/or promoting violence of any kind;
(ii) Utilizes any material that exploits children, or otherwise exploits children under 18 years of age;
(iii) Utilizes any material that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
(iv) Utilizes any material that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; and
(x) Utilizes any material that contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5. Consult with a Physician. Any information on the APAH Website is for informational purposes only. In no way shall the information contained on the APAH Website be deemed a substitute for obtaining a physician’s advice on a particular issue and should not be considered medical advice in diagnosing or treating a health-related issue or disease. The APAH Website does not recommend self-management and/or self-diagnosis relating to any particular disease or treatment. Never disregard or delay medical advice based upon the information you receive from the APAH Website. You should consult with a physician about interactions with APAH Services and any other medication. APAH does not warrant the truth or accuracy of any information provided on the APAH Website by any third party, including product reviews, or on any third party links located on the APAH Website.
6. Usernames and Passwords. You will be responsible for any and all transactions that take place by a user who gains access to the APAH Website and acts on your behalf utilizing Your user name and password. APAH will accept the instructions of any individual who claims to be authorized to direct changes to Your account if that individual presents Your username and password or provides other accurate account information acceptable to APAH, in its sole discretion. APAH will not be responsible for the actions of any individuals who wrongfully gain access to your customer information utilizing your username and password or who otherwise wrongfully gain access to your account. In the event You become aware of any unauthorized use of Your account, You agree to notify APAH immediately.
7. Termination. We may terminate You and your access to the APAH Website for any or no reason.
8. Indemnification. You hereby agree to indemnify APAH, and its members, shareholders, officers, directors, employees, business partners, third-party suppliers and providers, licensors, distributors and agents and hold them harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) incurred by APAH as a result of any claim made by a third party arising out of your use of the APAH Website, in connection with the APAH Services, your violation of these Terms and Conditions and violation of any rights of a third party. You shall defend at Your sole expense any such action and shall pay any costs, damages, settlement awards and attorneys’ fees finally awarded against APAH in such action which are directly attributable to such claim. By utilizing the APAH Services, You hereby grant to APAH a non-exclusive royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the content You provide to APAH in connection with the APAH Services.
9. Warranty. APAH does not warrant that the operation of the APAH Website will be uninterrupted or error-free, or that the APAH Website will be immune from fraudulent intrusion and/or unauthorized use or disclosure. APAH does not make any claims or warranties as to the results that may be obtained from utilizing the APAH Services. You assume all responsibility for assuring the proper and lawful use of the APAH Website and APAH Services and all liability for any improper or unlawful use of the APAH Services and APAH Website. You assume all liability, which may arise in connection with any person or entity’s use of the APAH Services and APAH Website. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, APAH OFFERS THE APAH SERVICES AND THE APAH WEBSITE “AS IS” WITH NO WARRANTIES OF ANY KIND. APAH SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF APAH AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. Limitations of Liability. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS: (i) NEITHER APAH, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF APAH, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) APAH’S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THESE TERMS AND CONDITIONS. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Remedies/Disclosure of Information. Notwithstanding anything in these Terms and Conditions to the contrary, all provisions of these Terms and Conditions will be specifically enforceable, and APAH will be entitled to, in addition to other available remedies, an injunction or other equitable relief for breach of any provision of these Terms and Conditions. In addition, You acknowledge and agree that APAH has the right to seek damages, including, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, when the APAH Services are utilized in violation of these Terms and Conditions. In the event that APAH is required to respond to a third party or law enforcement subpoena that is related to Your use of the APAH Services, APAH may require You to reimburse APAH for its reasonable expenses associated with complying with such subpoena. Any provision of these Terms and Conditions that, by its nature should survive termination, will survive termination, including, without limitation, those concerning intellectual property, ownership, warranty, disclaimers and limitations of liability. APAH may disclose any and all information it receives from You in the event (i) it is required by law; (ii) to protect and defend the rights of APAH and/or any person or entity affiliated with APAH; or (iii) incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event.
13. Miscellaneous. APAH may assign its rights to any payments under these Terms and Conditions to one or more other persons/entities without Your prior written consent. In the event that one or more of the provisions contained in these Terms and Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in these Terms and Conditions, and such other provisions shall be given effect in accordance with the manifest intent hereof. These Terms and Conditions set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersedes and merges all prior oral and written agreements, discussions and understandings between You and APAH. All notices to be given to APAH in connection with these Terms and Conditions shall be in writing and shall be sufficient if sent by certified or registered mail, return receipt requested with postage prepaid, or by a nationally recognized overnight courier addressed to NorEast Franchise Group, LLC, 11308 Davenport Street, Omaha, Nebraska 68154 with a copy to The Internicola Law Firm, P.C., 115 Maple Avenue, Red Bank, New Jersey 07701, or at such other address hereafter made known to the other party. All notices to You may be effectuated by e-mail message at any e-mail address previously provided to APAH by You. You shall, at all times, maintain a valid e-mail address to receive system notifications, for billing purposes and other system alerts from APAH. Any notice given as provided in these Terms and Conditions shall be deemed to have been given on the date of receipt by the party for which it is intended. Section headings are for purposes of convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of Nebraska and United States federal law, to the extent applicable, irrespective of the principal place of business, residence or domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. Any suit brought to enforce obligations hereunder shall only be brought in the courts, whether State or Federal, sitting in the City of Omaha and State of Nebraska.
By clicking the “I’ve read and accept the terms & conditions and legal notice” button, You agree and represent that (i) You have read and understand all of the provisions in these Terms and Conditions; (ii) that you are at least 18 years of age; and (iii) all of the information that You have provided to APAH is true and accurate.
Copyright ©2020, NorEast Franchise Group, LLC. All Rights Reserved.
APAH TAC.Version 2020.11.20