Terms of Use

Last Updated April 6, 2018.

Home Instead, Inc. (“Home Instead” or “we” or “us” or “our”) controls and operates this Ready to Care Internet website (the “Site”). By using this Site, you agree to these terms and conditions. If you do not agree, you should not use this Site. Because the Internet is an evolving medium, we may need to change these Terms of Use or impose new conditions on the use of this Site from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. These changes go into effect on the “Last Updated” date shown in the Terms of Use. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use. We also have a Privacy Policy which you should read and may access by clicking on the following link: Privacy.

International Use

We are located in the United States of America and the Site is targeted to audiences in the United States of America. If you are visiting the Site from a foreign country, please do not submit any Personal Information. If you do submit Personal Information, you agree that our collection, use and disclosure of such Personal Information will be governed by this Privacy Policy and you consent to the transfer and processing of your Personal Information in the United States of America.

Account

Home Instead requires you to create a user account to use some of the Site’s functionality. If you are under the age of 18, we require that you inform your parent or guardian and have his/her consent to open a user account. You may update your user account as specified on the Site.

You are responsible for maintaining the confidentiality of your account and password and you are responsible for all acts or omissions that occur while your password or account is used.

Restrictions

When using the Site, you agree not to:

  1. Send spam or any other form of duplicative or unsolicited messages, to any third party or any other user of the Site;

  2. Harvest, collect, gather, or assemble information or data regarding other users of the Site without their express, written consent;

  3. Transmit through or post on the Site unlawful, libelous, infringing, defamatory, threatening, vulgar, or obscene material or material that might be harmful to minors;

  4. Knowingly transmit material containing software viruses or harmful computer code, files, scripts, or programs;

  5. Knowingly interfere with or disrupt the Site’s integrity or performance;

  6. Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code from the Site or from any other information by any means whatsoever; or

  7. Modify or create a derivative work of the Site or any portion thereof.

You are solely responsible for providing, maintaining, and ensuring compatibility with the Site’s access requirements, all hardware, software, electrical or other requirements for your use of the Site, including telecommunications and internet service provider access, links, web browsers or other equipment and services required to access the internet or use the Site. You acknowledge that the Site may be inoperable or inaccessible for any reason, including periodic maintenance or repairs or other causes beyond Home Instead’s control. You agree we are not responsible for your inability to access the Site for any reason.

Copyright and Trademarks

This Site contains material which is the property of Home Instead, and which is protected by United States and international copyright, trademark and other intellectual property laws. Home Instead Senior Care® is a registered trademark of Home Instead. All content posted on this Site is the sole and exclusive property of Home Instead. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing license rights.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOME INSTEAD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOME INSTEAD DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Home Instead shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this Site.

Limitation of Liability

Under no circumstances shall Home Instead, its subsidiaries, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site, or the content, services, or hyperlinks made available on the Site even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Home Instead is not liable for any defamatory, offensive, pornographic, or illegal content posted to any Franchise Site or for the conduct of any Site or user. If you are dissatisfied with the Site or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless Home Instead, and all of our respective directors, shareholders, employees, affiliates, agents, representatives, vendors, and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys’ fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of the intellectual property rights of Home Instead or any third party content provider of the Site, or any other third party’s intellectual property, confidentiality, or other rights.

Indemnification

You agree to hold Home Instead, and its directors, shareholders, officers, employees, affiliates, agents, representatives, and vendors harmless from any demands, loss, liability, claims or expenses, including reasonable attorneys’ fees, made against Home Instead by any third party arising out of or related to your violation of these Terms of Use or your use of the Site.

License to Submitted Content

By posting messages, uploading files, or otherwise providing any material to us for display on the Site(s), you are granting Home Instead a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Registration

To use certain features of the Site, you may be required to register with Home Instead on the form provided on the Site. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Home Instead in its sole discretion, deems offensive or inappropriate. Home Instead has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords. Home Instead will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Termination

Home Instead may cancel, suspend or terminate your right to use the Site or a portion thereof at any time without notice. In the event of suspension or termination, you are no longer authorized to access the part of the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive your discontinued use of the Site.

Entire Agreement

These Terms of Use constitute the entire agreement between Home Instead and you with respect to your use of the Site and all information obtained by you from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.

Access to Collected Information

For questions related to updating or changing your account information, please send an e-mail to [email protected] or contact us at:

Home Instead, Inc.
13323 California Street
Omaha, NE 68154

Arbitration and Waiver of Certain Rights

In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon written notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its commercial dispute resolution rules, unless you are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.

NEITHER YOU NOR HOME INSTEAD MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR HOME INSTEAD’S INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND HOME INSTEAD EACH WAIVE ANY RIGHT TO A JURY TRIAL. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HOME INSTEAD WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms of Use will survive the termination of your use of the Site.

General Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Nebraska, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use or the Site will be filed only in the state or federal courts located in Douglas County, Nebraska. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. Any provision of these Terms of Use that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms of Use shall continue in full force and effect. Neither these Terms of Use, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. No failure of Home Instead to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.