Terms of Use
Introduction
This Terms of Use outlines Homecare Express’ (” we “, ” our ” or ” the Company “) practices with respect to information collected from users who access our website at homecareexpress.com (” Site ” or ” Website “), or otherwise share personal information with us (collectively: ” Users “).
These Terms of Use govern your use of this Website; by using this Website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this Website.
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to these Terms of Use you warrant and represent that you are at least 18 years of age.
This Website uses cookies. By using this Website and agreeing to these Terms of Use, you consent to the Company’s use of cookies in accordance with the terms of the Company’s Privacy Policy.
License to use Website
Unless otherwise stated, the Company’s and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not:
- republish material from this Website (including republication on another Website);
- sell, rent or sub-license material from the Website;
- show any material from the Website in public;
- reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- edit or otherwise modify any material on the Website; or
- redistribute material from this Website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Intellectual Property Notice
The trademarks, service marks and logos displayed on this Site are registered or unregistered trademarks of the Company. Other trademarks mentioned on this Site to identify third party products are the property of their respective owners.
Acceptable Use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the Company’s express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without the Company’s express written consent.
Restricted Access
Access to certain areas of this Website is restricted. the Company reserves the right to restrict access to other areas of this Website, or indeed this entire Website, at the Company’s discretion.
If the Company provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential.
The Company may disable your user ID and password in the Company’s sole discretion without notice or explanation.
No Warranties
This Website is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
Limitations of Liability
THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR ANY PRODUCTS OR MERCHANDISE INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU ACKNOWLEDGE, BY YOUR USE OF THE HOMECARE EXPRESS WEBSITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE HOMECARE EXPRESS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE REPAIR OR REPLACEMENT OF THE GOODS, OR THE REFUND OF THE PURCHASE PRICE, AT THE COMPANY’S OPTION, IN CONNECTION WITH YOUR USE OF THIS SITE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY CLAIM THAT IS NOT MADE WITHIN ONE MONTH FROM THE DATE ON WHICH THE CLAIM AROSE.
Right to Modify
The Company reserves the right to modify these Terms of Use at any time without prior notice to you. the Company may change, move, or delete portions of, or may add to, this Site from time to time. Your use of this Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, the Company encourages you to review these Terms of Use whenever you use this Site. By your use of this Site, you agree not to interrupt or attempt to interrupt the operation of this Site in any manner. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Exceptions
Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit the Company liability in respect of any:
- death or personal injury caused by the Company’s negligence;
- fraud or fraudulent misrepresentation on the part of the Company; or
- matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
Other Parties
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
Unenforceable Provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
Breaches of these Terms of Use
Without prejudice to the Company’s other rights under these Terms of Use, if you breach these Terms of Use in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Variation
The Company may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of this Website from the date of the publication of the revised Terms of Use on this Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These Terms of Use, together with the Privacy Policy , constitute the entire agreement between you and the Company in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of the State of Massachusetts, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of Massachusetts.
Last Modified: AUGUST 8, 2022
