Terms of Use

 

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on May 1, 2007.

This Terms of Use Agreement sets forth the standards of use of the Elder Care Referral Services, Inc., dba: About Elder Care (herein after referred to as ECRS) online website. By using the Elder Care Referral Services, Inc., dba: About Elder Care address www.eldercareservices.com website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.eldercareservices.com website. User’s continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

ECRS is providing User with information about the company’s services. User must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for User’s access to the internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by ECRS on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ECRS makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. ECRS shall have no liability for any interruptions in the use of this Website. ECRS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

ECRS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ECRS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ECRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

User agrees to indemnify and hold ECRS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the website, the violation of this Agreement, or infringement by User, or other user of the website using User’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

ECRS reserves the right to modify or discontinue the website with or without notice. ECRS shall not be liable to any third party should ECRS exercise its right to modify or discontinue the website. User acknowledges and accepts that ECRS does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the internet that are owned and operated by government, non-profit firms and other third parties. User acknowledges that ECRS is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if User has any concerns regarding such links or the content located on such sites. User’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and ECRS is not responsible therein. ECRS encourages all Users to review said privacy policies of third-parties’ sites.

7. Governing Jurisdiction of the Courts of the State of California

The ECRS website is operated and provided in the State of California. As such, ECRS is subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. ECRS makes no representation that this website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California

8. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use this website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

9. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 www.eldercareservices.com, with all rights reserved, or is the property of ECRS and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ECRS is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ECRS.

ECRS website www.eldercareservices.com™ are proprietary marks of ECRS. ECRS trademarks may not be used in connection with any product or service that is not provided by ECRS, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits ECRS.

10. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ECRS owner of www.eldercareservices.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Gerald L. Schreck
President
Elder Care Referral Services, Inc.
3800 Auburn Blvd., Suite C
Sacramento, CA 95821

By Telephone: (916) 489-8779

By Email: Info@eldercareservices.com

11. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by ECRS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Confidentiality Policy.