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Privacy Policy - Although HousingandHealthcare.com attempts to make sure all information on the site has been secured from reliable sources, we make no representations or warranties, expressed or implied, as to the accuracy of the information. You are responsible for verifying all information and bear all risk for inaccuracies. Content found on this site is for information and convenience to the public, and does not constitute endorsement or recommendation by HousingandHealthcare.com, their employees, partners, or sponsors. Privacy Policy HousingandHealthcare.com takes your privacy seriously. The following statement describes HousingandHealthcare.com privacy policy as it relates to the HousingandHealthcare.com website (at www.housingandhealthcare.com.com) and associated web pages, applications, and services. The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. This Privacy Policy is designed to tell you about our practices regarding collection, use, and disclosure of information that you may provide via this Website, including your rights relative to that information. Please be sure to read this entire Privacy Policy before using or submitting information to this Website. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use www.Housingandhealthcare.com Information We Collect As you navigate through this Website, certain anonymous information can be passively collected (that is, gathered without your actively providing the information) using various technologies, such as cookies, Internet tags or Web beacons, and navigational data collection (log files, server logs, clickstream). Your Internet browser automatically transmits to this Website some of this anonymous information, such as the URL of the Website you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using. This Website may also collect anonymous information from your computer through cookies and Internet tags or Web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of this Website might not work without cookies. HousingandHealthcare.com may use and combine such passively collected anonymous information to provide better service to Website visitors, customize HousingandHealthcare.com based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve the Website for your use. We may at times combine personally identifiable information with passively collected information in order to personalize offers and the Website for our users (for example, combined information may allow us to recommend products or features to you based on what you have liked in the past). Advertisements of third-party advertisers may be displayed on HousingandHealthcare.com. If you choose to click on an advertisement or link, HousingandHealthcare.com may provide non-personally identifiable information to the advertiser and/or web publisher. Also, the advertiser or web publisher may use cookies or other technologies to collect information when you are visiting their websites. The information advertisers or other third parties collect is governed by their individual privacy policies, not by HousingandHealthcare.com Privacy Policy. Personal Information While providing various services or features, we may ask you to provide personal information. For example, if you choose to register at the Eldertribe Discussion, you will be asked to provide your name, email address, password, user name and other information. If you upload, post, and/or distribute to HousingandHealthcare.com any material, including but not limited to, information, questions, feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, podcasts, webinars, articles, links, logos, audio, video, images, graphics, messages and other content or materials of any nature ("Materials"), the Materials, along with your username or other personal information, we may maintain such Materials on HousingandHealthcare.com, where it may be viewable by other users. Use and Disclosure of Information: Use of Non-Personal Information HousingandHealthcare.com may use non-personal information collected to improve the quality of the HousingandHealthcare.com experience, for example, by diagnosing service or technology problems, by assessing and maintaining security, by increasing ad placements on web pages that are receiving more web traffic and presenting you with ads that we think you would be interested in seeing, or by allowing you to log in or access your saved information automatically. We may also use the information to count and recognize returning users. HousingandHealthcare.com may perform analysis on the non-personal information to determine user demographics, interests, and behavior and may market HousingandHealthcare.com by sharing aggregated non-personal dentifiable information with potential advertisers or partners. For example, we may provide demographic or usage information to an advertiser so they may see how many registered users are from a specific geographic area or clicked on a certain ad in the previous month HousingandHealthcare.com may provide your non-personal information to contractors so that they can perform services for us. Use of Personal Information: HousingandHealthcare.com does not intentionally provide personal information to third parties except under the following conditions: If you provide personal information as part of an inquiry about products or services provided by one of the advertisers or partners, we will provide that information to that advertiser or partner so that they may attempt to provide you with information regarding the products or services about which you inquired, only if you indicate that this is acceptable by either selecting the advertisement or otherwise. HousingandHealthcare.com may use the personal information provided by users for internal purposes, such as sales, human resources, marketing, and administration. We may share this information with third parties who provide HousingandHealthcare.com with adm! inistrat ive services. If HousingandHealthcare.com shares any of the information collected from you with a third party, their use of that information will be governed by the third party's privacy policy. Also, to limit the amount of personal information disclosed you may consider providing a user name other than your actual name. We may use your email information to provide you with information regarding important changes to the HousingandHealthcare.com, new services, newsletter, special offers, information that you requested, or security breaches. If you do not want to receive such notices (except for breach of security), you may send an email message to support@ HousingandHealthcare.com with the word "Discontinue" in the subject field. Discontinuing may prevent you from receiving email messages regarding updates, improvements, or special offers. If HousingandHealthcare.com has provided any third party with your personal information, you will have to contact the third-party directly with any opt-out request. To opt-out of receiving emails regarding security breaches, please contact HousingandHealthcare.com at P.O. Box 1113, Newcastle, CA 95658 Use and Disclosure of Information: HousingandHealthcare.com may release information to comply with the law or court order, or in response to a law enforcement request, or an investigation. HousingandHealthcare.com also may release information, in its sole discretion, to protect its rights, property, or other interests, including those of its customers or users or to prevent illegal activities or violations of HousingandHealthcare.com Terms and Conditions: In the event that HousingandHealthcare.com, in whole or in part, establishes a partnership with another company, is acquired by or merged with another company, or declares bankruptcy, collected information may be transferred to the partner, the acquiring or merging company, or another third party. Child Protection HousingandHealthcare.com does not of! fer Serv ice to, or target, persons under the age of 18. In compliance with the Children's Online Privacy Protection Act, any information we receive from people we believe to be children under the age of 13 will be purged from our database. Security HousingandHealthcare.com makes significant efforts to protect against the loss, misuse, and alteration of the collected information. These measures may include the use of secure server technology. Be aware, however, that the Internet is not 100% secure. Therefore, we cannot ensure the security of any information transmitted to us over the Internet, and we accept no liability for any unintentional disclosure. Many areas of the Service are password-protected. To increase the security of the Service, please do not share your passwords with anyone. You should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, email sent to or from this Website may not be secure. Links to Advertisers and Other Websites HousingandHealthcare.com may contain links to other websites, including advertisers. In addition, some content may contain links to other websit! es. Hous ingandHealthcare.com is not responsible for the privacy practices or the content of web publishers, advertisers, or other websites that may be linked to HousingandHealthcare.com. Acceptance of Privacy Policy BY USING HousingandHealthcare.com, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS. We reserve the right to modify this privacy policy at any time by posting the changes on this page. Please check the effective date at the bottom of this page to determine if the privacy policy has been modified since you last reviewed it. We also may notify you about significant changes to the privacy policy by sending you a notice to the primary email address specified in you account or by placing a prominent notice on the Service. Your continued use of our Service following posting of the updated privacy policy will constitute your acceptance of the changes. The privacy policy was last revised on January 5, 2008. Contacting HousingandHealthcare.com If you have any questions about this privacy statement, the practices of this site, or your dealings with HousingandHealthcare.com, you can e-mail Support@housingandhealthcare.com or mail us at P.O. Box 1113, Newcastle, CA 95658 www.HousingandHealthcare.com (the "Website") is provided to you under these Terms & Conditions of Use (the "Agreement") and any amendments or supplements to them that may be posted by HousingandHealthcare.com, from time to time. Your use of this Website shall be deemed to constitute your consent to be bound by the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not use the Website, www.HousingandHealthcare.com Ownership This Website is owned by HousingandHealthcare.com. All right, title, and interest in and to the content displayed on the Website, including but not limited to the Website's look and feel, data, information, text, graphics, images, sound, or video materials, designs, trademarks, service marks, trade names, and URL, are the property of HousingandHealthcare.com or its respective partners. Modification or Suspension of the Website You agree that www.Housingandhealthcare.com may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that www.HousingandHealthcare.com will not be liable for any consequences of doing so. Modifications to the Terms & Conditions of Use www.HousingandHealthcare.com may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Website. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes. Contact Information If you have any questions or concerns with respect to the Agreement or the Website you may contact a representative of www.HousingandHealthcare.com, by e-mail at support@housingandhealthcare.com or by mail at: www.HousingandHealthcare.com C/O Support Center,
P.O. Box 1113, Newcastle, CA 95658 Website Intended Audience This Website is intended for and directed to adults in the United States only. This Website is not intended for any children under the age of 13. Electronic Communications The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. Compliance with Laws You agree to comply with all applicable laws and regulations regarding your use of the Website, including, without limitation, intellectual property laws, privacy laws and laws regarding import/export of technical data by virtue of your online transmission. User Conduct/Guidelines You agree that you have read and are familiar with the following guidelines. Please note that users who violate our guidelines will be sent a warning, and if necessary, be banned from posting. You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the "Content") is the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Website. You will post honestly and in good faith and with the intention to support and inform. We do not welcome people who disrupt our community and create additional work for our hosts and staff. If we believe you are posting with the intent to cause disruption or harm to your fellow members' community experience or enjoyment, you will be banned. You are also responsible for keeping your email address updated. Failure to keep your email address updated may result in banning until we can confirm that you have a valid email address associated with Elder Tribe Membership. You are also responsible for keeping your log-in information, including your password, private. Sharing of memberships or screen names is not allowed and may result in your membership being banned. www.HousingandHealthcare.com accepts no responsibility for use of your membership or computer by third parties, with or without your permission. You agree not to: -post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; -post, disseminate, or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality; -post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs; -post, disseminate, or transmit any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings; i-mpersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Website; -post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit; -disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; -interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website; -attack the character or damage the reputation of other members, name-call, insult, ridicule, mock, electronically stalk or otherwise harass another user; -insult, attack, belittle, or ridicule the beliefs and life choices of other members, or tell others what they should believe or how they should live. This includes religious beliefs. For example, please don't tell members of other faiths (or lack thereof) that their beliefs or choices are wrong and that they should follow your faith instead. And by the same token, don't tell others of the same faith or belief that they are practicing your shared faith the wrong way; "Hit and run.&qu ot; Please do not go to a board where you would not ordinarily post, simply to point out the wrongness of another poster or group's actions, beliefs, or comments; -collect or store personal data about other users; -engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law; -use the Website for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Website's providers, Websites, chat rooms, or the like; -violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally; -post any medical information, including without limitation any medical diagnosis or treatment, or any information relating to medications, medical advice, or the names of companies that create, manufacture, market or distribute medications; p-ost the names and/or other identifying information relating to doctors, hospitals, nurses, or other healthcare professionals; THIS IS NOT A MEDICAL WEBSITE: IT IS NOT A WEBSITE FOR GIVING OR RECEIVING MEDICAL ADVICE, INCLUDING WITHOUT LIMITATION ANY MEDICAL DIAGNOSIS OR TREATMENT. DO NOT ATTEMPT TO GIVE MEDICAL ADVICE FROM THIS WEBSITE. DO NOT TAKE OR RELY ON MEDICAL ADVICE THAT IS PROVIDED FROM THIS WEBSITE IN VIOLATION OF THIS AGREEMENT. DO CONSULT WITH A HEALTH CARE PROFESSIONAL. -post the first and last name of your care recipient or any other identifying information, including without limitation, where they work, or the exact address where they live; -provide your password, telephone numbers, or home address to anyone online. Be very careful about responding to solicitations for interviews or research. Note, however, that Elder Tribe Administrators/ moderators might invite you to respond to such solicitations from time to time; -forward or post private messages that someone has sent you unless you have his/her permission. Only send private messages to another Elder Tribe member if he/she has given you express permission; Transfer issues or posts from one bulletin board to another with the intention of drawing negative attention to the post. Do not quote someone else's post from another board without that person's permission. Please do not direct people to controversial or problematic threads on other boards; -contact other members for interviews or studies without requesting permission of the Administrator Manager first; -select a screen name that is vulgar or obscene or that misrepresents you to other members; -use any community areas to buy or solicit any goods, services, or money to advertise or sell products or services of others. Please do not post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. Please do not give away or ask for prescription drugs in our community – it is illegal; -use all capital letters in your chat or bulletin board postings; -post the same message more than once on a bulletin board or on multiple boards. This includes postings on multiple boards asking other members to vote in online contests, asking for signatures for petitions, and any other "public service"-type announcements about public or personal causes or issues; "flood." This includes repeatedly "bumping" a thread, disrupting an online chat event by entering the same phrase over and over again, or otherwise using up band-with; or post on behalf of a banned member, or you may also be banned without notice or warning. Images You are welcome to share pictures, images, blinkies in your messages, as long as they are consistent with all of our guidelines. Out of consideration for our members on slower connections, we ask that you limit the number of blinkies and other images you use. We also ask you not to put your pictures in the first message of a thread. Pictures or other images that show on a main board page may be deleted. Finally, we ask that you limit the size of your images to about 3 x 5 inches. Larger images may be deleted. Debates While we allow civil and respectful debate of most issues on most of our bulletin boards, we do not allow debates challenging the stated topic of a board. We also have a selection of debate boards, which are designed to be a place where viewpoints and opinions are vigorously questioned, challenged, and held up to scrutiny. If having your opinions challenged and being expected to defend your position will make you uncomfortable, please do not read or participate on debate threads or boards. Please do not debate on any grief and loss board; Insulting another community member is never acceptable, even in the liveliest of debates. But in a debate you can state that another member's point of view is wrong, misguided, or uninformed, and still be within the guidelines; Please debate issues and viewpoints, not the personal attributes of other members. We take attacks and insults on debate threads very seriously and reserve the right to end any debate if, in our sole judgment, it has wandered from being a healthy discussion of opinions into an exchange of attacks and insults; and Other Websites You may mention, link to or discuss other websites that are of interest to our members, as long as your intention is not to generate traffic for another website and the websites to which you link or refer are consistent with out guidelines. Violations of these Guidelines If you violate www.HousingandHealthcare.com , User Conduct/Guidelines, you will be contacted individually by support staff. Your actions may result in either a warning, one-month suspension, or permanent banning from participation in our community. We do not publicly discuss or announce warnings, suspensions, or bannings. Banning is done at the administratorÕs discretion and is the result of our sole judgment of a member's demonstrated inability or disinclination to follow our guidelines. We reserve the right to ban any member at any time for any reason, with or without warning. If the thread with a violation of these guidelines contains information that is useful to the original poster or other members of the site, it may be edited or locked. However, if in our sole judgment a thread was created for the purpose of violating the guidelines, violates enough guidelines to be irredeemable, or contains no otherwise useful information, it may be removed. Because of the size of our community we cannot monitor all posts on the site. If you see a message you believe violates our guidelines please eldertribe@housingandhealthcare.com User Content/Correspondence You acknowledge that www.HousingandHealthcare.comdoes not generally prescreen Content, but that www.HousingandHealthcare.com and its designees shall have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Website. www.HousingandHealthcare.com reserves the right in its sole discretion to refuse access to the Website to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoingwww.HousingandHealthcare.com and its de signees will have the right to remove any Content that violates the Agreement or that www.HousingandHealthcare.com considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Website, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that www.HousingandHealthcare.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of www.HousingandHealthcare.com, its users, and the public. Details regarding our use of personally identifiable information included in Content are set out in our Private Policey Statement. By posting Content to the Website or by transmitting Content using the Website, you (1) represent and warrant to www.HousingandHealthcare.com that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit Content; and (2) grant to www.HousingandHealthcare.com an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed. You acknowledge that bulletin boards and chat rooms contain the opinions and views of other users. You acknowledge further that www.HousingandHealthcare.com is not responsible for the accuracy of any messages on the Website, and agree that you shall always consult a physician or other qualified healthcare provider before relying on any information you find on the Website. You understand and agree that you shall evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Any comments, materials, or letters sent by you to www.HousingandHealthcare.com regarding the Website, including, without limitation, questions, comments, suggestions, criticisms, or the like ("Received Materials") shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is "not for publication" and (ii) contains "private and proprietary" information that may not be distributed. www.HousingandHealthcare.com will have no obligation of any kind with respect to Received Materials that you do not restrict and www.HousingandHealthcare.com will be free to reproduce, use, disclose, exhibit, publicly display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. You also acknowledge that what you post may be indexed by search engines such as Yahoo or Google. Furthermore, www.HousingandHealthcare.com is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to www.HousingandHealthcare.com, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself. Linking to www.HousingandHealthcare.com You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.HousingandHealthcare.com so long as the link does not portray www.HousingandHealthcare.com, its affiliates, or their items or services i n a false, misleading, or offensive matter. You may not use any www.HousingandHealthcare.com logo or graphic or trademark as part of the link without the prior express written permission of www.HousingandHealthcare.com. Privacy & Security - www.HousingandHealthcare.com respects your privacy. PLEASE REVIEW OUR PRIVACY POLICY Storage of Content You agree that www.HousingandHealthcare.com, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Website. You agree that www.HousingandHealthcare.com has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Website. Protection of Intellectual Rights and License You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property"), is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. Except as expressly authorized by www.HousingandHealthcare.com herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on or included with the content. You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from the Website in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of www.HousingandHealthcare.com. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of www.HousingandHealthcare.com. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of www.HousingandHealthcare.com's Intellectual Property Rights or under any third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved. None of the material contained on this Website (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of www.HousingandHealthcare.com Except as otherwise noted, all content posted on this Website is: Copyright © www.HousingandHealthcare.com, www.HousingandHealthcare.com has adopted a policy of terminating services to users who willfully and/or repeatedly infringe. For further information regarding permission to use material or data, please email us at support@housingandhealthcare.com Trademark Notices "Creating Compassion through Education" "Elder Tribe." And "HousingandHealthcare.com " logos and designs, "Six Steps to Finding a Wonderful Care GiverÓ are regi stered trademarks of www.HousingandHealthcare.com.
All other trademarks and service marks are the property of their respective owners. You may not use or display any trademarks or service marks owned by www.HousingandHealthcare.comwithout our prior written consent. Trademarks/Service Marks The trademarks, logos and service marks, including those listed above, displayed on the Website (collectively the "Marks") identify www.HousingandHealthcare.com, and inform the public that www.HousingandHealthcare.com is the source of those products and services. Nothing contained on the Website should be construed as granting any right or license to use any Mark displayed on the Website. Your misuse of any Mark is strictly prohibited. You are also advised that www.HousingandHealthcare.com will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from www.HousingandHealthcare.com. Your Contact with Third Parties Your dealings with third parties found on or through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. www.HousingandHealthcare.com does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that www.HousingandHealthcare.com will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website. Information Disclaimer THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE FOR ANY INDIVIDUAL PROBLEM NOR A SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. NOTHING CONT AINED IN THE WEBSITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER CONSUMER PRODUCTS COMPANY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. CONSUMER PRODUCTS COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE CONSUMER PRODUCTS COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, CONSUMER PRODUCTS COMPANY AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION. www.HousingandHealthcare.com SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. Limitations of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL www.HousingandHealthcare.com BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CONSUMER PRODUCTS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Limitations of Actions Brought Against www.HousingandHealthcare.com You agree that any claim or cause of action arising out of your use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or it shal l forever be barred, notwithstanding any statute of limitations or other law to the contrary. Disclaimer of Warranties With Respect to Use of Website THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, www.HousingandHealthcare.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. www.HousingandHealthcare.com DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CONSUMER PRODUCTS COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.HousingandHealthcare.com OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Indemnification You agree to indemnify and hold www.HousingandHealthcare.com, its directors, officers, employees, age nts, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website; Content you submit, post, or transmit through the Website; your breach of the Agreement; and your connection to the Website. Severability of Agreement If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect. Applicable Law The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the State of California, applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law. Any legal action or proceeding between www.HousingandHealthcare.com and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that the this is an inconvenient forum. Termination You agree that www.HousingandHealthcare.com may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content within the Website, without prior notice to you for any reason that www.HousingandHealthcare.com, in its sole discretion, deems appropriate. You further agree that www.HousingandHealthcare.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination. These Terms & Conditions of Use last updated on January 5, 2008. |