Terms of Use

Last Modified: February 1, 2019
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Acceptance of the Terms of Use  
These terms of use are entered into by and between you (“You”) and Alpha Home Health Agency,
LLC (“AHHA”, “we”, or “us”). The following terms and conditions (these “Terms of Use”), govern
your access to and use of http://www.ahhahomecare.com/ (the “Website”), including any
content, functionality, and services offered on or through the Website.
Please read the Terms of Use carefully before you start to use the Website. By using the Website,
you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy
located at http://www.ahhahomecare.com/privacy-policy, which is hereby incorporated herein by
reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not
access or use the Website.
This Website is offered and available to users who are 13 years of age or older and reside in the
United States or any of its territories or possessions. By using this Website, you represent and
warrant that you are of legal age to form a binding contract with AHHA and meet all of the
foregoing eligibility requirements. If you do not meet all of these requirements, you must not
access or use the Website.
Changes to the Terms of Use  
We may revise and update these Terms of Use from time to time in our sole discretion. All changes
are effective immediately when we post them, and apply to all access to and use of the Website
thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page each time you access this
Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security  
We reserve the right to withdraw or amend this Website, and any service or material we provide
on the Website, 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 Website, or the entire Website, to users, including registered
users.
You are responsible for:
 

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You agree that all
information you provide to register with this Website or otherwise, including but not limited to
through the use of any interactive features on the Website, is governed by our Privacy Policy
located at http://www.ahhahomecare.com/privacy-policy, and you consent to all actions we take
with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your account is personal to
you and agree not to provide any other person with access to this Website or portions of it using
your user name, password, or other security information. You agree to notify us immediately of
any unauthorized access to or use of your user name or password or any other breach of security.
You also agree to ensure that you exit from your account at the end of each session. You should
use particular caution when accessing your account from a public or shared computer so that
others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you
or provided by us, at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights  
The Website 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 AHHA, 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.
These Terms of Use permit you to use the Website 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 our Website, except as
follows:
 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:
 

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services
or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to
any part of the Website in breach of the Terms of Use, your right to use the Website 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 Website or any content on the Website is transferred
to you, and all rights not expressly granted are reserved by AHHA. Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark, and other laws.
 
You may not use AHHA’s name, the AHHA logo, or any related names, logos, product or service
names, designs, and slogans without the prior written permission of AHHA. All other names, logos,
product and service names, designs, and slogans on this Website are the trademarks of their
respective owners.
 
Prohibited Uses  
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You
agree not to use the Website:
 

• 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 US or other countries).
•  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.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate AHHA, an AHHA 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).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm AHHA or users of the Website or expose them to liability.

Additionally, you agree not to:
 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions  
The Website may contain message boards, chat rooms, personal web pages or profiles, forums,
bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow
users to post, submit, publish, display, or transmit to other users or other persons (hereinafter,
“post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-
proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and
service providers, and each of their and our respective licensees, successors, and assigns the right
to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any
such material for any purpose.

You represent and warrant that:
 

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit
or contribute, and you, not AHHA, have full responsibility for such content, including its legality,
reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User
Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination  
We have the right to:
 

• Remove or refuse to post any User Contributions for any or no reason in our sole

discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for AHHA.
• 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.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason,including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully 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 Website.

YOU WAIVE AND HOLD HARMLESS AHHA AND ITS AFFILIATES, LICENSEES, AND SERVICE
PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING
PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES
OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and
cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we
assume no liability for any action or inaction regarding transmissions, communications, or content
provided by any user or third party. We have no liability or responsibility to anyone for
performance or nonperformance of the activities described in this section.
 
Content Standards  
These content standards apply to any and all User Contributions and use of Interactive Services.

User Contributions must in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at http://www.ahhahomecare.com/privacypolicy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement  
If you believe that any User Contributions violate your copyright, please see our Copyright Policy
for instructions on sending us a notice of copyright infringement. It is the policy of AHHA to
terminate the user accounts of repeat infringers.
Reliance on Information Posted  
The information presented on or through the Website is made available solely for general
information purposes. We do not warrant 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 Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other
users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. 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 AHHA, are solely the opinions
and the responsibility of the person or entity providing those materials. These materials do not
necessarily reflect the opinion of AHHA. 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.

Changes to the Website  
We may update the content on this Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at any given time,
and we are under no obligation to update such material.
 
Information About You and Your Visits to the Website  
All information we collect on this Website is subject to our Privacy Policy located at
http://www.ahhahomecare.com/privacypolicy. By using the Website, you consent to all actions
taken by us with respect to your information in compliance with the Privacy Policy.
  
Linking to the Website and Social Media Features  
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.

This Website may provide certain social media features that enable you to:
 

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the
content they are displayed with and otherwise in accordance with any additional terms and
conditions we provide with respect to such features. Subject to the foregoing, you must not:
 

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must
comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to
stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our
discretion.

 
Links from the Website  
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. 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 this Website,
you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.
 
Geographic Restrictions  
The owner of the Website is based in the state of Texas in the United States. We provide this
Website for use only by persons located in the United States. We make no claims that the Website
or any of its content is accessible or appropriate outside of the United States. Access to the
Website may not be legal by certain persons or in certain countries. If you access the Website from
outside the United States, you do so on your own initiative and are responsible for compliance
with local laws.
 
Disclaimer of Warranties  
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website 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 AHHA NOR ANY
PERSON ASSOCIATED WITH AHHA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AHHA NOR ANYONE ASSOCIATED WITH
AHHA 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, AHHA 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 on Liability  
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AHHA, 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 AHHA, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising
out of or relating to your violation of these Terms of Use or your use of the Website, including, but
not limited to, your User Contributions, any use of the Website’s content, services, and products
other than as expressly authorized in these Terms of Use or your use of any information obtained
from the Website.
 
Governing Law and Jurisdiction  
All matters relating to the Website and these Terms of Use and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of Texas without
giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any
other jurisdiction).
 
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the

Website shall be instituted exclusively in the federal courts of the United States or the courts of
the State of Texas and County of Travis, although we retain the right to bring any suit, action, or
proceeding against you for breach of these Terms of Use in your country of residence or any other
relevant country. You waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
 
Arbitration  
At AHHA’s sole discretion, it may require You to submit any disputes arising from the use of these
Terms of Use, AHHA’s Privacy Policy, or the Website, including disputes arising from or concerning
their interpretation, violation, invalidity, non-performance, or termination, to final and binding
arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio
law.
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 ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
 
Waiver and Severability  
No waiver by AHHA 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 AHHA 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  
The Terms of Use our Privacy Policy constitute the sole and entire agreement between you and
AHHA regarding the Website and supersede all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, regarding the Website.
 
Your Comments and Concerns  
 
All other feedback, comments, requests for technical support, and other communications relating
to the Website should be directed to itsupport@ahhahomecare.com.