Effective: March 1, 2012
WELCOME TO ELDERHEALTHANDLIVING.COM
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This website is provided for your information and enjoyment, and we hope you enjoy using it. By using this website, you agree to be bound by these terms and conditions as these terms and conditions may be changed from time to time (“Terms and Conditions”). Please browse the website and make use of its features, but be aware that your use of this website is subject to the following Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website. Your continued use of this website reaffirms your agreement to strictly abide by these Terms and Conditions.
1. Ownership and Operation of Website. This website belongs to ElderHealth & Living Corporation, an Oregon corporation (“EHL”) located in Springfield, Oregon. EHL may, in its sole discretion and at any time and without notice, modify or discontinue this website or specific portions of it. Except where otherwise noted, this website and its contents are copyright © 2012 ElderHealth & Living Corporation. All rights reserved. The website and its contents, such as software, graphics, logos, text, button icons, images, and audio clips, as well as the compilation of all content on this website, is the property of EHL and is protected by copyright and other intellectual property laws. All software used on this site is the property of EHL or its software suppliers and is protected by copyright and other intellectual property laws.
2. Personal Use of Website. EHL owns the copyright for all materials appearing on this website or has a valid right from a third party to use materials on this website. EHL also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark, and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of EHL’ copyright and other proprietary rights. The use of any such material on any other website or computer network without EHL’ written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these Terms and Conditions, or as authorized in writing, is strictly prohibited.
3. Submissions to the Website. All comments, testimonials, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials that you share and submit to EHL through this website (“Submissions”) shall be considered “NOT CONFIDENTIAL,” and you grant EHL a worldwide, perpetual, non-exclusive, unrestricted, irrevocable fully paid-up and royalty free unlimited license to use, to sub-license to third parties, reproduce, disclose, exhibit, display, perform, modify, transmit, transform, create derivative works of and distribute to other persons without limitation and for any purpose any and all Submissions that you submit in connection with your use of or access to this website, even if these Terms and Conditions are later modified or terminated.
Submissions will also include online employment applications (and the information it contains) that you submit via this website (“Online Employment Application”), except the Online Employment Application Submission shall be considered “CONFIDENTIAL” and you grant EHL a worldwide, perpetual, non-exclusive, unrestricted, irrevocable fully paid-up and royalty free unlimited license to use, reproduce, disclose, exhibit, display, transmit, and distribute your Online Employment Application to other persons for any legal purpose related to your application for employment at EHL.
You agree that you are and shall remain solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive, or obscene. You agree and represent that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s).
You agree that your Submissions will become and remain the exclusive property of EHL, including any future rights associated with the Submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such Submissions, and you acknowledge EHL’s unrestricted right to use them, consistent with these Terms and Condition, in any medium, now and in the future, without notice, compensation, or other obligation to you or any other person.
4. Downloaded Materials. If you download information or forms from this website (“Download”), EHL grants you a nonexclusive, revocable, limited, non-transferable and non-sublicensable license to use the Download for its intended purpose for your personal and non-commercial use. You do not own the Download, and EHL does not transfer ownership of the Download to you. EHL retains full ownership of and title to the Download and all intellectual property rights related to the Download. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise use the Download in violation of these Terms and Conditions.
5. Geographic Website Use. EHL controls and operates this website from the state ofOregon. Therefore, this website is intended to promote only those EHL products that are sold by EHL in theUnited States and its territories. EHL makes no representation that materials in this website or the products described in this website are appropriate or available for use in other locations. If you access this website from outside of theUnited States, be advised that this website may contain references to products and services that are not available or that are prohibited in your country.
6. Disclaimer of Warranty for Website Materials and Operations. The materials in this website (including any graphics, software, recommendations, or other materials) and any materials made available through this website are provided to you at an “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EHL MAKES NO WARRANTY REGARDING THE OPERATION OF THIS WEBSITE OR ANY INFORMATION OR OTHER CONTENT ON IT, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE. EHL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OR INFORMATION, PRODUCTS OR SERVICES THAT ARE PART OF THIS WEBSITE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
EHL does not guarantee and makes no warranty that the features and functions contained in the website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if EHL is aware of them. You (and not EHL) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors, or any other problems whatsoever you may have as a result of visiting or using this website.
7. Limitation of Liability. You agree to accept all liability and risk related to your use of EHL’s website. You further agree that under no circumstances shall EHL be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use or performance of this website or information available in this website. EHL shall not be liable even if EHL or an EHL authorized representative has been advised of the possibility of such damages. These include, but are not limited to, damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, or other harmful component.
8. Content of Submissions and Postings. EHL may, from time to time, monitor or review Submissions along with discussions, chats, postings, and other transmissions on this website (“Transmissions”). However, EHL is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality, or inaccuracy contained in any Transmissions. You may not post or transmit via this website any Transmissions that are unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. EHL has the right to remove any Transmissions from this website at any time, for any reason and without notice to any party. EHL will fully cooperate with any law enforcement authorities or court order requesting or directing EHL to disclose the identity of anyone posting any such information or materials. EHL may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of EHL, its customers, or the public.
9. Termination. If you violate the letter or spirit of these Terms and Conditions, or otherwise create risk or possible legal exposure for EHL or its users, EHL, at its option, may deny you access to the website and revoke and terminate any limited license granted to you by these Terms and Conditions (if any). We will notify you by email the next time you attempt to access our website that your access to the website has been denied and all licenses (if any) revoked and terminated.
10. Applicable Law and Jurisdiction. These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct, or otherwise) will be governed byOregonState law, without reference to conflicts of law principles. You agree that any legal actions, suits or proceedings arising out of these Terms and Conditions (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the Oregon state courts or the United States Oregon District Court, and you hereby accept and submit to the personal jurisdiction of these Oregon courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit, or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.
11. Severability and Entire Agreement. If any provision of these Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and EHL with respect to your access to and use of this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EHL with respect to this website. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon, or relating to, your use of this website.
12. No Waiver. No failure on the part of EHL to enforce any part of these Terms and Conditions shall constitute a waiver of any of EHL’s rights under these Terms and Conditions, whether for past or future actions, on the part of any person. Neither the receipt of any funds by EHL, nor the reliance of any person on EHL’s actions shall be deemed to constitute a waiver of any provision of the Terms and Conditions. Only a written waiver signed by an authorized representative of EHL shall have the legal effect of waiving any provision contained in these Terms and Conditions.
13. Minors. This website is for a general audience that is not designed nor intended to collect personal information from children under the age of 13. EHL does not knowingly collect personal information from anyone under the age of 13. We ask that parents supervise their children while online.