These Terms of Use are entered into and are a binding agreement by and between you and Primecare Home Care Services, Inc. and its subsidiaries and affiliates (“Primecare,” “we,” or “us).  These Terms of Use govern your access to and use of the content, functions, and services available on or through the www.primecarehomecare.com domain name and other websites on which these Terms of Use reside or are linked that are operated by Primecare (the “Websites”).

 

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU START TO USE THE WEBSITE.

 

By using this Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is also found on the website homepage and is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you should not use the Websites.

 

This website is offered and available to users who are 18 years of age or older.  By using this Website, you represent and warrant that you are 18 years of age or older.  If you are not 18 years of age or older, you must not use or access this website.

 

Primecare operates the Websites from its headquarters in the United States, and the Websites are generally only intended for users within the United States.  If you do not reside in the United States or in any of its territories or possessions, you warrant that you will only use the Websites in a manner that complies with all laws and regulations applicable to you.

 

Change to Terms of Use

 

From time to time, we may modify these Terms of Use in our sole discretion by posting the revised version on the Websites. All posted changes are effective immediately and apply to all access to and use of the Websites thereafter; however, any changes to the dispute resolution provisions set forth in the Choice of Law and Venue section hereinbelow will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Websites.  Your continued use of the Websites following the posting of the revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page each time you visit the Websites, so you are aware of any changes, as they are binding on you.

 

Accessing the Websites

 

We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Websites, or the entire Websites to users.

To access some of the resources that the Websites offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Websites that all of the information you provide on the Websites is correct, current, and complete.

 

Changes to the Websites

 

We may update the content of the Websites from time to time, but its contents are not necessarily complete or current.  Any of the material on the Websites may be out-of-date at any given time, and we are under no obligation to update such material.

 

Intellectual Property Rights

 

The Websites and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Primecare, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

Trademark Notice

 

The Primecare name and Primecare Home Care Services of Indiana, LLC, Primecare Hospice and Palliative Care, Inc., and Wellness Track 360, Inc. are the logos, trademarks, and service marks of Primecare.  You must not use such marks without the prior written permission of Primecare.  All other trademarks, product marks, service marks, designs, and logos used in the Websites are the trademarks, service marks, or logos of their respective owners.

 

Short Message System (SMS) Notifications

 

If you are a client, prospect, or employee of Primecare, our Short Message System (SMS) notifications are used to provide notices informing you of when your visits are and to ensure that you are clocking in and out for each of your visits. Also, the notifications are to inform you of upcoming seminars, document requirements, and other notifications.

 

You can cancel the SMS service at any time. Just text “STOP” to the shortcode. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@primecarehomecare.com.

 

Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. The message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.

 

Permitted Use

 

These Terms of Use permit you to use the Websites for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Websites, except as follows:

 

1. Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing this material.

2. You may store files that are automatically cached by your Web browser for display enhancement purposes.

3. You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use. Those pages may not be further copied, republished, posted modified, edited, transmitted, distributed, used to create derivate works of, or reverse-engineered.

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Prohibited Use

 

You may use the Websites only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Websites:

 

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

4. To impersonate or attempt to impersonate Primecare, a Primecare employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm Primecare or users of the Websites or expose them to liability.

 

Additionally, you agree not to:

 

1. Modify copies of any materials from the Websites.

2. Delete or alter any notices of copyright, trademark, or other proprietary rights from copies of materials from the Websites.

3. Access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.

4. Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real-time activities through the Websites.

5. Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.

6. Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.

7. Use any device, software, or routine that interferes with the proper working of the Websites.

8. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

9. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites is stored, or any server, computer, or database connected to the Websites.

10. Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.

11. Otherwise, attempt to interfere with the proper working of the Websites.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by Primecare.  Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Enforcement and Termination

 

We have the right to:

 

1. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.

3. Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Use.

4. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites.  YOU WAIVE AND HOLD HARMLESS PRIMECARE AND ITS SUBSIDIARIES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Reliance on Information Posted

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The information presented on or through the Websites is made available solely for general information purposes.  We do not guarantee the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

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The Websites may include content provided by third parties.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Primecare, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Primecare.  We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

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Information About You and Your Visits to the Websites

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All information we collect on this Website is subject to our Privacy Policy.  By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age.  This website is offered and available to users who are 18 years of age or older.  If you are not 18 years of age or older, you must not use or access this website.  We do not knowingly collect or solicit personally identifiable information from children under 13 years of age.  If we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible.  If you believe that a child under 13 years of age may have provided personal information to us, please contact us at:

 

Compliance Department

Primecare Home Care Services, Inc.
50 Hurt Plaza, Suite 1650

Atlanta, GA 30303

compliance@primecarehomecare.com

(678) 884-9617

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By using the Websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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Linking to the Websites

 

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 without our express written consent.  You may not deep link to any other page other than the website’s homepage.   You may not establish a link from any website that is not owned by you.  You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately.  You may not cause the Websites, or portions of it, to be displayed on, or appear to be displayed on, any other site, for example, framing, deep linking, or in-line linking. We reserve the right to withdraw linking permission without notice, and we may disable all or any links at any time without notice in our sole discretion.

 

Links from the Websites

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links. The placement and appearance of third-party advertisements on the Websites are not meant to suggest that Primecare endorses or approves of the advertiser, advertisement, advertiser’s site, or any of the products and/or services being advertised.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to these Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Websites will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER PRIMECARE NOR ANY PERSON ASSOCIATED WITH PRIMECARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PRIMECARE NOR ANYONE ASSOCIATED WITH PRIMECARE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, PRIMECARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PRIMECARE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Primecare, its parent corporations, affiliates, licensors, and services providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, judgments, awards, and expenses or fees (including but not limited to attorneys’ fees) arising out of or relating to your violation of any term of these Terms of Use; your use of and access to the Websites, including but not limited to any use of the Websites’ content, products, services, and products other than as expressly authorized in these Terms of Use; your use of any information obtained from the Websites; or your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites.

 

Choice of Law and Venue

 

These Terms of Use will be governed by and construed in accordance with the laws of Georgia, USA, without regard to conflict of laws principles. By using this site, you hereby agree that any disputes regarding these Terms of Use will be subject to the federal and state courts located in Cobb County, Georgia, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.  In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees.

 

Limitation on Time to File Claims

 

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 SIX(6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

 

No waiver by Primecare of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Primecare to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

 

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Primecare pertaining to the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.