Terms and Conditions

Last updated: August 09, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.homehealthbayarea.com/ website (the “Site”) operated by Home Health Bay Area Inc. (“us”, “we”, or “our”).

Our postal address is:

Home Health Bay Area Inc.
901 Campus Drive Suite 301
Daly City, CA  94015

We can be reached via email at info@homehealthbayarea.com.

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who wish to access or use the Site.

By accessing or using the Site you agree to be bound by these Terms.  If you disagree with any part of the terms then you do not have permission to access the Site.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.  You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
 

Use

So long as you comply with these Terms, Home Health Bay Area Inc. grants you access to and use of the Site only for its permitted purposes and not for commercial reproduction, distribution, publication, or any other activity in contravention of these Terms, applicable law, or our or any third party’s rights. You may not copy, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, lease, perform, display, transmit, create derivate works, translate, circumvent any anti-piracy or other technology that restricts access, or otherwise alter or attempt to discover the source code, object code, or other portion of the Site. You may not assign or transfer this permission to others.

Obligations

DO NOT PROVIDE ANY CONFIDENTIAL, PERSONAL INFORMATION, OR PROTECTED HEALTH INFORMATION, AS THOSE TERMS ARE DEFINED BY STATE OR FEDERAL LAW, TO THIS SITE. You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Site (“User Material”). Any User Material is and will be treated as non-confidential and non-proprietary. Furthermore, you warrant and agree that such information is non-confidential and non-proprietary and does not comprise personal information or protected health information as those terms are defined by state or federal law. Any User Material may be used by Home Health Bay Area Inc. for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, Home Health Bay Area Inc. is free to use any ideas, expression, concepts, know-how, or techniques contained in any User Material for any purpose whatsoever.

You warrant and agree that you will NOT:

  1. Post, upload, or transmit through the Site any unlawful, threatening, libelous, defamatory, infringing, obscene, indecent, scandalous, inflammatory, pornographic, harassing, profane, or other objectionable materials, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil or criminal liability under U.S. federal, state, local, or international law, or otherwise violate any law or contractual obligation;
  2. Post or transmit any personal information (including but not limited to Social Security Numbers) or protected health information;
  3. Collect or store personal information about other users;
  4. Stalk or harass another;
  5. Use this Site in any manner that could impair the server or the functioning or operation of the Site or related equipment or could in any way interfere with other users’ enjoyment of this site as determined by Home Health Bay Area Inc. in its sole discretion;
  6. Use this Site to disseminate or transmit any bug, virus, trojan horse, worm, trap door or other malicious, harmful or disabling data, work, code or program;
  7. Attempt to access any unauthorized account, computer, or other network connected to the Home Health Bay Area Inc. server through any means;
  8. Override or circumvent any of the protections or usage rules embedded into the Site;
  9. Take information or content from the Site, including but not limited to any member or individual information such as names, email addresses, contact information, or personalized information, for use for any purpose;
  10. Use the Site other than as allowed by applicable law; or
  11. Engage in any other activity deemed by Home Health Bay Area Inc. to be in conflict with the spirit or intent of these Terms of Use.

Intellectual Property

The Site and its original content, features and functionality are and will remain the exclusive property of Home Health Bay Area Inc. and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Home Health Bay Area Inc.

All content, software, HTML, source code, object code, and any other code, associated media, print media, online or electronic documentation, data, and script forming a part of the Site and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Site are the sole and exclusive property of Home Health Bay Are Inc. and its licensors. You shall not challenge the intellectual property rights associated with the foregoing or do anything that might impair or damage those rights.

You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of Home Health Bay Area Inc. or any of the goodwill associated with any of the foregoing.

You shall not reproduce, edit, modify, adapt, or distribute the foregoing for any purpose whatsoever in violation of existing intellectual property rights. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in, or as part of the Site.

Links to Other Web Sites

Our Site may contain links to third party web sites or services that are not owned or controlled by Home Health Bay Area Inc.

Home Health Bay Area Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Home Health Bay Area Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Home Health Bay Area Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) allegations of facts that, if true, would constitute a breach by you of these Terms; c) your defamation of another or your violation of another person’s copyrights, trademark rights, or other intellectual property, privacy, publicity, contractual, or other rights; or d) injury to persons (including death) or property, including loss or corruption of data caused by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification provision by you and, in such case, you agree to cooperate with our defense of such claims.

Limitation of Liability

In no event shall Home Health Bay Area Inc. , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer; Limitation of Liability

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME HEALTH BAY AREA INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION.  HOME HEALTH BAY AREA INC. DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY CAN BE GIVEN THAT THE DATA IS CURRENT. Home Health Bay Area Inc. does not guarantee the accuracy, completeness, efficacy, reliability, or veracity of the Site. Home Health Bay Area Inc. makes NO WARRANTY as to the security of the Site. Home Health Bay Area Inc. neither warrants nor represents that your use of the Site is legal under all applicable laws and regulations or will not infringe rights of third parties not owned by or affiliated with Home Health Bay Area Inc. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. Home Health Bay Area Inc. assumes no responsibility for consequences resulting from the use of the Site.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOME HEALTH BAY AREA INC. AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND/OR TRUSTEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HOME HEALTH BAY AREA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO LOSSES OR DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE SITE; (iv) RELEASE OR DISCLOSURE OF DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE. THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

If at any time you are dissatisfied with the Site, do not agree with any portion of these Terms of Use, or have any other claim against Home Health Bay Area Inc. relating to either these Terms or the Site, then your sole, exclusive remedy is to discontinue using the Site.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law; Waiver; Limit on Commencing Actions

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.  You consent to the exclusive jurisdiction and venue of the state and federal courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to these Terms and/or access or use of the Site. You must commence any cause of action or claim against Home Health Bay Area Inc. concerning this Site within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred. You agree that our remedy at law for any actual or threatened breach of these Terms could be inadequate and that Home Health Bay Area Inc.  shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that Home Health Bay Area Inc. may legally be entitled to recover, together with reasonable expenses (including attorneys’ fees). All rights and remedies granted to Home Health Bay Area Inc. under this Agreement are cumulative and not alternative or exclusive.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

General Information

If a Court finds any portion of these Terms to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Home Health Bay Area Inc. regarding this Site. The failure of Home Health Bay Area Inc. to exercise or enforce any right or provision of the Terms shall not constitute a waiver of said right or provision.

The Site is intended as a convenience and reference for you and is not professional medical, pharmaceutical, nursing, or insurance advice, diagnosis, treatment, services, or recommendations, nor a substitute, supplement, or replacement therefore. Nothing available on or through the Site is intended to be, and must not be taken to be, the practice of medical care or determination. Home Health Bay Area Inc. makes NO representation, warranty, or guarantee as to any determination of benefits, coverage, costs or charges, authorizations, etc. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, therapeutic, pharmaceutical, nursing, and insurance and benefits coverage matters. No advice or information obtained by you, whether written or oral, from Home Health Bay Area Inc. shall create any warranty whether express or implied.

Nothing contained in these Terms will be deemed to constitute either party as the representative or agent of the other party, or both parties as joint venturers or partners for any purpose.  You may not delegate, transfer or assign your rights or obligations under these Terms.  We may assign our duties and rights under these Terms without such assignment being considered a change to the Terms and without notice to you.

These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

In any such action or any action we initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to reasonable attorney fees and costs, both taxable and non-taxable.  You agree that any disputes, claims and causes of action arising out of or connected with our Site, our products and/or services, and/or these Terms, will be resolved individually, without resort to any form of class action.

Contact Us

If you have any questions about these Terms, please contact us.

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