Last Modified: July 1, 2017
1. In General
Eldercare Professionals of Ohio, LLC, (“EPO”) owns and operates this Website. This
document governs your relationship with www.eldercareofohio.com (“Website”). Access
to and use of this Website and the products and services available through this Website
(collectively, the “Services”) are subject to the following terms, conditions and notices
(the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of
Service, as may be updated by us from time to time. You should check this page
regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to
withdraw or amend the Services without notice. We will not be liable if for any reason
this Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts or all of this Website.
This Website may contain links to other websites (the “Linked Sites”), which are not
operated by www.eldercareofohio.com. www.eldercareofohio.com has no control over
the Linked Sites and accepts no responsibility for them or for any loss or damage that
may arise from your use of them. Your use of the Linked Sites will be subject to the
terms of use and service contained within each such site.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST
18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND
AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
This Agreement may be modified at any time by EPO upon posting of the modified
Agreement. Any such modifications shall be effective immediately. You can view the
most recent version of these terms at any time at
https://eldercareofohio.com/contact-us/privacypractices. Each use by you shall
constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at
https://eldercareofohio.com/privacypractices. By using this Website, you
consent to the processing described therein and warrant that all data provided by you is
accurate.
3. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal
offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material
which is malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene; hack into any aspect of the Service; corrupt data; cause
annoyance to other users; infringe upon the rights of any other person’s proprietary
rights; send any unsolicited advertising or promotional material, commonly referred to
as “spam”; or attempt to affect the performance or functionality of any computer facilities
of or accessed through this Website. Breaching this provision would constitute a
criminal offense and www.eldercareofohio.com will report any such breach to the
relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your use of
this Website or to your downloading of any material posted on it, or on any website
linked to it.
4. Ownership
All content included on this site is and shall continue to be the property of EPO or its
content suppliers and is protected under applicable copyright, patent, trademark, and
other proprietary rights. Any copying, redistribution, use or publication by you of any
such content or any part of the Site is prohibited, except as expressly permitted in this
Agreement. Under no circumstances will you acquire any ownership rights or other
interest in any content by or through your use of this Site.
5. Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic
images) made available to you on or through this Website remains the property of
www.eldercareofohio.com or its licensors and are protected by copyright laws and
treaties around the world. All such rights are reserved by www.eldercare.com and its
licensors. You may store, print and display the content supplied solely for your own
personal use. You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied to you or
which appears on this Website nor may you use any such content in connection with
any business or commercial enterprise.
EPO is a registered trademark of Eldercare Professionals of Ohio, LLC. Other product
and company names mentioned on this Site may be trademarks of their respective
owners.
6. Site Use
EPO grants you a limited, revocable, nonexclusive license to use this site solely for your
own personal use and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works, or other use. You agree not to copy materials on the
site, reverse engineer or break into the site, or use materials, products or services in
violation of any law. The use of this website is at the discretion of EPO and EPO may
terminate your use of this website at any time.
Limited Permission to Download. EPO hereby grants you permission to download,
view, copy and print the materials found on eldercareofohio.com on any single, standalone
computer solely for your personal, informational, and internal business use
provided that (i) the copyright and trademark notice appearing below appears in such
materials, (ii) the materials are not used on any other website nor in a networked
computer environment and (iii) the materials are not modified in any way. This
permission terminates automatically without notice if you breach any of the terms or
conditions of these Terms of Use. On any such termination, you agree to immediately
destroy any downloaded or printed materials. Any unauthorized use of any materials
contained on this Site may violate copyright laws, trademark laws, laws of privacy and
publicity, communications regulations and statutes as well as other rights, laws, rules,
regulations and statutes.
7. Terms of Sale
Additional terms and conditions may also apply to specific portions, services or features
of the Website. All such additional terms and conditions are hereby incorporated by this
reference into these Terms of Use. All purchases through our site or other transactions
for the sale of goods or services formed through the Website (“Goods”) are governed by
our terms of sale listed below (“Terms of Sale”).
Notwithstanding anything herein to the contrary, if a written contract signed by both
parties is in existence covering the sale of the Goods covered hereby, the terms and
conditions of said contract shall prevail to the extent they are inconsistent with these
Terms of Sale.
a. General Terms
By placing an order you are offering to purchase a product on and subject to the
following terms and conditions. All orders are subject to availability and confirmation of
the order price.
Dispatch times may vary according to availability and subject to any delays resulting
from postal delays or force majeure for which we will not be responsible.
In order to contract with www.eldercareofohio.com you must be over 18 years of age
and possess a valid credit or debit card issued by a bank acceptable to us.
www.eldercareofohio.com retains the right to refuse any request made by you. If your
order is accepted we will inform you by email and we will confirm the identity of the party
which you have contracted with. This will usually be www.eldercareofohio.com or may in
some cases be a third party. Where a contract is made with a third party
www.eldercareofohio.com is not acting as either agent or principal and the contract is
made between yourself and that third party and will be subject to the terms of sale
which they supply you. When placing an order you undertake that all details you provide
to us are true and accurate, that you are an authorized user of the credit or debit card
used to place your order and that there are sufficient funds to cover the cost of the
goods. The cost of foreign products and services may fluctuate. All prices advertised
are subject to such changes.
b. Products, Content and Specifications
All features, content, specifications, products and prices of products and services
described or depicted on this Website are subject to change at any time without notice.
Certain weights, measures and similar descriptions are approximate and are provided
for convenience purposes only. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors; however, the actual color you
see will depend on your computer system and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products or services in this
Website at a particular time does not imply or warrant that these products or services
will be available at any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age requirements) in
regard to the possession, use and sale of any item purchased from this Website. By
placing an order, you represent that the products ordered will be used only in a lawful
manner. All videocassettes, DVDs and similar products sold are for private, home use
(where no admission fee is charged), non-public performance and may not be
duplicated.
c. Risk of Loss
All items purchased from EPO are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our delivery to the carrier.
d. Returns, Refunds and title
EPO does not take title to returned items until the item arrives at our fulfillment center.
At our discretion, a refund may be issued without requiring a return. In this situation,
EPO does not take title to the refunded item. For more information about our returns
and refunds, please see our Return Policy
e. Pricing and Payment
You shall purchase the Goods from EPO at the price[s] (the “Price[s]”) set forth in
EPO’s then current price list in force as of the date of purchase. All Prices are exclusive
of all sales, use and excise taxes, and any other similar taxes, duties and charges of
any kind imposed by any Governmental Authority on any amounts payable by you. You
shall be responsible for all such charges, costs and taxes; provided, that, you shall not
be responsible for any taxes imposed on, or with respect to, EPO’s income, revenues,
gross receipts, personnel or real or personal property or other assets. You shall pay all
amounts due to EPO prior to shipment of any Goods in accordance with EPO’s
payment instructions and in US dollars. In addition to all other remedies available under
these Terms of Sale or at law (which EPO does not waive by the exercise of any rights
hereunder), EPO shall be entitled to suspend the delivery of any Goods, if you fail to
pay any amounts when due hereunder. You shall not withhold payment of any amounts
due and payable by reason of any set-off of any claim or dispute with EPO, whether
relating to EPO’s breach, bankruptcy or otherwise.
f. Limited Liability and Shipment
EPO shall not be liable for any delays, loss or damage in transit. Unless
otherwise agreed in writing by the parties, EPO shall use its standard methods for
packaging and shipping such Goods and shipment shall be in accordance with EPO’s
then current shipment methods. EPO may, in its sole discretion, without liability or
penalty, make partial shipments of Goods. Each shipment will constitute a separate
sale, and you shall pay for the units shipped whether such shipment is in whole or
partial fulfillment of your order.
These Terms of Sale may only be amended or modified in a writing which
specifically states that it amends these Terms of Sale and is signed by an authorized
representative of each party.
LIMITED WARRANTY: EPO warrants to you that for a period one year from the
date of shipment of the Goods (“Warranty Period”), that such Goods will materially
conform to EPO’s published specifications in effect as of the date of shipment and will
be free from material defects in material and workmanship. EXCEPT FOR THE
WARRANTY SET FORTH IN THIS PARAGRAPH, EPO MAKES NO WARRANTY
WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (a) WARRANTY
OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY
LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE
OR OTHERWISE. Products manufactured by a third party (“Third Party Product”) may
constitute, contain, be contained in, incorporated into, attached to or packaged together
with, the Goods. Third Party Products are not covered by the warranty set forth in this
paragraph. For the avoidance of doubt, EPO MAKES NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING
ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS
OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OF TRADE OR OTHERWISE.
EPO shall not be liable for a breach of the warranty set forth in this paragraph if:
(i) you make any further use of such Goods after giving such notice; (ii) the defect arises
because you failed to follow EPO’s oral or written instructions as to the storage,
installation, commissioning, use or maintenance of the Goods; or (iii) you alter or repair
such Goods.
With respect to any such Goods during the Warranty Period, EPO shall, in its
sole discretion, either: (i) repair or replace such Goods (or the defective part) or (ii)
credit or refund the price of such Goods at the pro rata contract rate provided that, if
EPO so requests, you shall, at EPO’s expense, return such Goods to EPO. THE
REMEDIES SET FORTH IN THIS PARAGRAPH BE THE YOUR SOLE AND
EXCLUSIVE REMEDY AND EPO’S ENTIRE LIABILITY FOR ANY BREACH OF THE
LIMITED WARRANTY. IN NO EVENT SHALL EPO BE LIABLE FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING
OUT OF OR RELATING TO ANY BREACH OF THESE TERMS OF SALE, WHETHER
OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN
ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU,
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE
FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN
NO EVENT SHALL EPO’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED
TO ANY GOOD, WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE
TOTAL OF THE AMOUNTS PAID TO EPO FOR SUCH GOODS.
8. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions
or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest
extent permitted by law www.eldercareofohio.com and its suppliers, content providers
and advertisers hereby expressly exclude all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity and shall
not be liable for any damages whatsoever, including but without limitation to any direct,
indirect, special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of
procurement of substitute goods and services, arising out of or related to the use,
inability to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable or
arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This
does not affect www.eldercareofohio.com’s liability for death or personal injury arising
from its negligence, fraudulent misrepresentation, misrepresentation as to a
fundamental matter or any other liability which cannot be excluded or limited under
applicable law.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE”
BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
EPO DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT
ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO
YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE
SITE SHALL BE TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES WILL EPO OR ITS SPONSERS BE LIABLE OR
RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION,
OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE,
YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE
AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do
not allow the exclusion of implied warranties, or the exclusion or limitation of certain
damages. If these laws apply to you, the exclusions or limitations in this Agreement that
directly conflict with such laws may not apply to you.
9. Linking to this Website
You may link to our homepage, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or endorsement on
our part where none exists. You must not establish a link from any website that is not
owned by you. This Website must not be framed on any other site, nor may you create
a link to any part of this Website other than the homepage. We reserve the right to
withdraw linking permission without notice.
10. Compliance with Export Restrictions.
You may not access, download, use or export the Site or the Materials in violation of
United States export laws or regulations or in violation of any other applicable laws or
regulations. You agree to comply with all export laws and restrictions and regulations of
any United States or foreign agency or authority and to assume sole responsibility for
obtaining licenses to export or re-export as may be required. You acknowledge and
agree that the Materials are subject to the United States Export Administration Laws
and Regulations and agree that none of the Materials or any direct product therefrom is
being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals or used for any prohibited purpose.
11. Use of Information
EPO reserves the right, and you authorize us, to use and assign all information
regarding site uses by you and all information provided by you in any manner consistent
with our Privacy Policy.
12. Disclaimer as to ownership of trademarks, images of personalities and
third party copyright
Except where expressly stated to the contrary all persons (including their names and
images), third party trademarks and content, services and/or locations featured on this
Website are in no way associated, linked or affiliated with www.eldercareofohio.com
and you should not rely on the existence of such a connection or affiliation. Any
trademarks/names featured on this Website are owned by the respective trademark
owners. Where a trade mark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such products or
services are endorsed by or connected to www.eldercareofohio.com.
13. Children
Minors are not eligible to use the Site and we ask that they do not submit any personal
information to us.
14. Applicable Law and Venue
By using this Site, you expressly agree that your rights and obligations shall be
governed by and interpreted in accordance with the laws of the State of Ohio, excluding
its choice of law rules. Any legal action or proceeding relating to your access to or use
of the Site or Materials shall be instituted in a state or federal court in the State of Ohio.
You and EPO agree exclusively and irrevocably to submit to the jurisdiction of, and
agree that venue is proper in, these courts in any such legal action or proceeding.
These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention
on Contracts for the International Sale of Goods, which shall not apply to any
transaction conducted through or otherwise involving this Site.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Indemnity
You agree to indemnify, defend and hold harmless www.eldercareofohio.com, its
directors, officers, employees, consultants, agents, and affiliates, from any and all third
party claims, liability, damages and/or costs (including, but not limited to, legal fees)
arising from your use this Website or your breach of the Terms of Service.
16. Variation
www.eldercareofohio.com shall have the right in its absolute discretion at any time and
without notice to amend, remove or vary the Services and/or any page of this Website.
17. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any other part of the Terms of Service
will not be affected all other clauses remaining in full force and effect. So far as possible
where any clause/sub-clause or part of a clause/sub-clause can be severed to render
the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you
agree that the clause shall be rectified and interpreted in such a way that closely
resembles the original meaning of the clause /sub-clause as is permitted by law.
18. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes
when they first arise, please let us know if you have any complaints or comments.
19. Severability
If any provision of this Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to
the minimum extent necessary so that this Agreement will otherwise remain in full force
and effect.
20. Waiver
The failure of to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. Any waiver of this Agreement by EPO
must be in writing and signed by an authorized representative of EPO.
21. Termination
EPO may terminate this Agreement at any time, with or without notice, for any reason.
22. Relationship of the Parties
Nothing contained in this Agreement or your use of the Site shall be construed to
constitute either party as a partner, joint venturer, employee or agent of the other party,
nor shall either party hold itself out as such. Neither party has any right or authority to
incur, assume or create, in writing or otherwise, any warranty, liability or other obligation
of any kind, express or implied, in the name of or on behalf of the other party, it being
intended by both parties that each shall remain independent contractors responsible for
its own actions.
23. Entire Agreement
This Terms of Use constitutes the entire agreement between you and
eldercareofohio.com and governs the terms and conditions of your use of the Site, and
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and eldercareofohio.com with respect to this
Site. Notwithstanding the foregoing, you may also be subject to additional terms and
conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or
rules that may apply when you use the website. Eldercareofohio.com may revise this
Terms of Use at any time by updating this Agreement and posting it on the Site.
Accordingly, you should visit the Site and review the Terms of Use periodically to
determine if any changes have been made. Your continued use of this website after any
changes have been made to the Terms of Use signifies and confirms your acceptance
of any such changes or amendments to the Terms of Use.
eldercareofohio.com. All Site design, text, graphics, the selection and arrangement
thereof, Copyright © 2017, Eldercare Professionals of Ohio, LLC, ALL RIGHTS
RESERVED