This website is operated by Assured Senior Care (“we,” “us,” “our,” or “Assured Senior Care”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to our users’ (“you” or “your”) use of our website at https://assuredseniorcare.com (the “Website”), which is owned and operated by us.
Your use of the Website means that you accept and agree to these Terms of Use. If you do not agree to these Terms of Use or our Privacy Policy, do not use or access the Website.
We may revise and update these Terms of Use from time to time in our sole discretion and will post any updates to the Terms of Use on the Website. Be sure to check the Website periodically for updates, as your continued use of the Website signifies your acceptance of any changed items.
Use of the Website
You may use the Website for a variety of reasons, including to:
- Investigate home care options;
- Obtain resources for family caregivers;
- Obtain information about the cost of non-medical home care; and
- Learn more about owning a Assured Senior Care franchise.
- Access e-newsletters, news, and press about Assured Senior Care;
- You may choose to use the Website to provide information to us through the Assured Senior Care Needs Assessment. A Assured Senior Care provider will review your assessment and, if you choose to provide your contact information, will be in touch with you regarding your home care needs.
You may not use the Website for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through the Website. You promise that none of your communications with or through the Website will violate any local, state, national or international law.
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All materials on the Website (including articles, text, photographs, images, illustrations, graphics, video material and audio material) and any software used on the Website, are our property or the property of our subsidiaries, affiliates or suppliers and are protected by copyright, trade dress, trademark and/or other intellectual property laws and proprietary rights. Additionally, the Website themselves are protected by copyright as collective works and/or compilations. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to such content.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Our content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You may browse through the Website and occasionally download a copy of materials appearing on the Website that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Website. You may not attempt to alter or modify the content posted on the Website. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Website.
Assured Senior Care Trademarks
Assured Senior Care and all related names, logos, product and service names, designs and slogans are trademarks of Assured Senior Care, our subsidiaries or affiliates, or other parties that have licensed their materials to us. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of Assured Senior Care’s worldwide proprietary rights, and Assured Senior Care may own or control other proprietary rights in the United States or one or more countries outside of the United States. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.Assured Senior Care and all related names, logos, product and service names, designs and slogans are trademarks of Assured Senior Care, our subsidiaries or affiliates, or other parties that have licensed their materials to us. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of Assured Senior Care’s worldwide proprietary rights, and Assured Senior Care may own or control other proprietary rights in the United States or one or more countries outside of the United States. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
Digital Millennium Copyright Act Policy
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA).
If you believe that any content on the Website infringes on the intellectual property of a third party, you may send a notice to: 100 Horizon Center Boulevard, Suite 110, Hamilton NJ 08691 . To submit a claim, you must identify your full name, mailing address and phone number, a description of the copyrighted work that has been infringed, a description of the content on the Website that infringes upon the copyright, and a declaration that: (i) you, in good faith, believe the information is infringing on the copyright of a third party, (ii) the information you include in your notice is accurate, and (iii) you are authorized on behalf of the copyright owner to submit the claim. You may not submit a copyright claim on behalf of another individual or organization with which you have no affiliation.
Feedback and Submissions Unfortunately, under our corporate contracts Assured Senior Care is unable to accept unsolicited ideas. But thanks for thinking of us. Any material you submit to the Website will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived. You promise that none of your communications with or through the Website will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
Links to Other Websites
The Website may contain hyperlinks to Websites operated by third parties. We do not control such Websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Website to access these third-party Websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of Websites operated by third parties will apply to you while on such Websites. We are not responsible for information provided by you to third parties.
Indemnification
You agree to defend, indemnify and hold Assured Senior Care, its affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of or inability to use the Website, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Electronic Communications
Visiting the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.
Product Sales and Availability
Assured Senior Care reserves the right without prior notice to discontinue or change specifications on products and services offered on the Website without incurring any obligations.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Assured Senior Care AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR SERVICES, ALL CONTENTS OF THE WEBSITE ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. Assured Senior Care AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Assured Senior Care AND/OR ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Assured Senior Care ON THE WEBSITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE WEBSITE CONTAIN ALL THE RELEVANT INFORMATION AVAILABLE ABOUT Assured Senior Care. Assured Senior Care UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING Assured Senior Care, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING Assured Senior Care FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Assured Senior Care, ITS AFFILIATES, FRANCHISEES, SUPPLIERS, SUCCESSORS AND ASSIGNS AND ANY OTHERS INVOLVED IN CREATING THE WEBSITE AND THEIR CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE ON THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE. Assured Senior Care SHALL NOT BE LIABLE EVEN IF Assured Senior Care OR A Assured Senior Care AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THE WEBSITE DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Assured Senior Care’s total liability to you for damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Website or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Additional Terms
Certain products or services offered by the Website, and certain areas within the Website may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.
Privacy and Children’s Information
Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children’s privacy, we will not knowingly collect any personally identifiable information from children under the age of thirteen years. The Website are directed to adults at least eighteen years old, and when a user discloses personal information on the Website, the user is representing to us that he or she is an adult.
Geographic Scope of the Website
Assured Senior Care controls and operates the Website from within the United States of America. Unless otherwise specified on or by the Website, the Website are intended to promote only those Assured Senior Care products that are sold by Assured Senior Care in the United States and its territories, and Assured Senior Care makes no representation that materials on the Website or the products or services described on the Website are appropriate or available for use in other locations. If you access the Website from outside the United States, be advised the Website may contain references to products and services that are not available or are prohibited in your country. All visitors to the Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Website. This English-language Terms of Use agreement is Assured Senior Care official agreement with users of the Website. In case of any inconsistency between this English-language Terms of Use agreement and its translation into another language, this English-language document shall control.
No Waiver
No delay or failure on the part of Assured Senior Care to enforce any part of these Terms of Use shall constitute a waiver of any of Assured Senior Care rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Assured Senior Care nor the reliance of any person on Assured Senior Care actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Assured Senior Care shall have any legal effect whatsoever.
Governing Law and Jurisdiction
If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.Any dispute arising from these Terms of Use or from the use of or inability to use the Website shall be resolved exclusively in the state and federal courts of New Jersey. Any such dispute (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of New Jersey, without reference to its conflicts of law principles. You agree to submit to the personal jurisdiction and venue of the courts of New Jersey for any legal proceeding involving the Website, regardless of who initiated the proceeding.
Contact Us
If you have any questions regarding our Terms of Use, you can write to us at 100 Horizon Center Boulevard, Suite 110, Hamilton NJ 08691