This Terms of Use
agreement contains important disclaimers and the CareScout web site privacy
policy.
Please read this agreement carefully before using or continuing
to use this site. By accessing, using, or interacting with this site you agree
to be bound by this agreement. The information and services on this site are
provided by National Eldercare Referral Systems, LLC, a wholly owned subsidiary
of Genworth Financial ("CareScout/Genworth") -- subject to your agreement to
the terms and conditions below.
Use of Information and
Services
The information (including without limitation advice and ratings) and services
on the site are intended solely as a general educational aid and are neither
medical nor health care advice for any individual problem nor a substitute for
medical or other professional advice and services from a qualified health care
provider familiar with your unique facts.
Always seek the advice of your physician or other qualified
health care provider with any questions you may have regarding a medical
condition and prior to starting any new treatment. Nothing contained in this
site is intended to be used for medical diagnosis or treatment. The information
and services are provided with the understanding that neither CareScout nor its
suppliers or users are engaged in rendering legal, medical, counseling, or other
professional services or advice. Your use of the site is subject to the
additional disclaimers and caveats that may appear throughout the site.
Disclaimer
CareScout and its agents assume no responsibility for any consequence relating
directly or indirectly to any action or inaction you take based on the
information, ratings, services, merchandise, or other material on this site.
While CareScout strives to keep the information on this site accurate, complete,
and up-to-date, CareScout and its suppliers cannot guarantee the prevention of
and will not be responsible for any damage or loss related to the accuracy,
completeness, or timeliness of the information.
User Contributions
By submitting any materials to CareScout, you automatically grant or warrant
that the owner of any such materials has expressly granted CareScout the
royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display any such materials (in
whole or part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed.
Users who post materials to this site (e.g., bulletin boards or
chat rooms, provider evaluations, reviews) agree to abide by the following
rules:
(1) Users may not post or transmit material that is libelous,
defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that
violates the property rights of others (including without limitation infringing
use of a copyright or trademark), that violates the privacy or publicity right
of others, or that is in violation of applicable laws;
(2) Users may not interfere with other users' use and enjoyment
of this site;
(3) Users may not use this site to conduct any activity that is
illegal or that violates the rights of others;
(4) Users may not use this site to advertise or sell products or
services to others; and
(5) Users must immediately inform CareScout if they have reason
to believe that a user is infringing any copyrighted materials. A user who posts
material represents that such material is unique to the user or used with
permission of the copyright holder, and assigns to CareScout ownership of such
material. CareScout has no responsibility for the content of any material posted
by users, but CareScout reserves the right in its sole discretion to (i) edit or
delete any documents, information, or other material submitted to or appearing
on this site, and (ii) refuse access to the site to any user that violates this
agreement.
Bulletin boards, chat rooms, community reviews, and evaluations
contain the opinions and views of other users. CareScout is not responsible for
the accuracy of any messages on this site. You should always consult a physician
or other qualified professional before relying on any information you find on
this site.
Links to Other Web
Sites
This site may include links to other Internet sites solely as a convenience to
users. CareScout does not endorse any such sites or the information, material,
products or services contained on or accessible through the sites; and your
access and use of such sites, including information, material, products and
services therein, is done solely at your own risk.
Disclaimer of Warranty
CARESCOUT AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH
REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES,
AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
KIND.
Limitation of
Liability
IN NO EVENT SHALL CARESCOUT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS,
LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE,
CARESCOUT'S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF
DEFECTIVE GOODS, OR, AT CARESCOUT'S ELECTION, TO THE REPAYMENT OR CREDITING OF
BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS. YOU ACKNOWLEDGE
AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS
AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless CareScout, its affiliates and
suppliers from any liability, loss, claim and expense (including attorneys'
reasonable fees) related to (i) your violation of this agreement, and (ii) your
posting of material to this site.
Proprietary Rights
All materials on this site (as well as the organization and layout of the site)
are owned and copyrighted by National Eldercare Referral Systems, LLC. or its
suppliers and may, except where expressly indicated, be accessed, downloaded or
printed for your personal non-commercial use only. Without the prior written
permission of CareScout or its suppliers, you may not copy, distribute or
transfer any material on this site, in whole or in part.
All other trademarks are the property of their respective owners.
You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of CareScout.com without express written consent.
Changes to Site
CareScout and its suppliers may make improvements or changes in the information,
services, products, and other materials on this site, or terminate this site, at
any time without notice. CareScout may modify this agreement at any time, and
such modifications shall be effective immediately upon posting of the modified
agreement. Accordingly, you agree to review the agreement periodically, and
your continued access or use of this site shall be deemed your acceptance of the
modified agreement.
The information contained within this site is intended to serve
as a guide and basis for general information and comparisons, but not as the
sole basis upon which any material conduct is to be recommended. For health care
concerns, always consult a physician or other health care professional.
Information provided by CareScout about long-term care providers
is not intended to be a recommendation for or against any long-term care
provider. CareScout makes no warranties with regard to the licensed programs or
the data provided. CareScout's quality comparisons and ratings are developed and
calculated completely independent of whether a facility offers discounts.
Although great care has been taken to ensure the accuracy of the
information presented, the reader is advised that CareScout cannot be
responsible for the continued currency of the information or for any errors,
omissions, or the application of this information or for any consequences
arising therefrom. Therefore, CareScout shall have no liability to any person or
entity with regard to claims, loss, or damage caused or alleged to be caused,
directly or indirectly, by the use of information contained herein.
ALL INFORMATION AND CONTENT ON
CARESCOUT AND NERS WEB SITES ARE FURNISHED "AS IS," WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
CareScout's Privacy Policy
We, CareScout and National Eldercare
Referral Systems, LLC., have created this privacy statement in order to
demonstrate our firm commitment to your privacy. The following discloses our
information-gathering and dissemination practices for this website:
CareScout.com.
We use your IP address to help diagnose problems with our server,
and to administer our Web site. Your IP address is used to gather broad
demographic information.
Any site registration form may require users to provide only
basic contact information (for example, zip code and email address). We use
customer-contact information from the registration form to send the user
information about our company. Only with the user's consent may we send
non-CareScout promotional material to users. The customer's contact information
is also used by CareScout to contact the user if required for legal purposes.
Users may opt-out of receiving future mailings; see the choice/opt-out section
below.
This site may contain links to other sites. CareScout.com is not
responsible for the privacy practices or the content of other Web sites.
Our site uses an order form for customers to request information,
products, and services. Accordingly, users often provide us with financial
information (like an account or credit card number). Contact information from an
order form is used to send orders, information about our company, or other
materials relevant to our relationships with visitors. Financial information
that is collected is used to bill the user for products and services and is kept
strictly confidential.
Public Forums
If this site makes chat rooms, forums, message boards, and/or news groups
available to its users, please remember that any information that is disclosed
in these areas becomes public and you should exercise caution when deciding to
disclose your personal information.
Security
This site has security measures in place to protect the loss, misuse, and
alteration of the information under our control. Your data is password-protected
to insure that only you or qualified employees of CareScout can read or update
your information. We back up this data on a regular basis to insure that it
remains intact.
Contact About the Web Site
If you have any questions about this policy, the practices of this site, or your
dealings with this Web site, you can contact Customer Service at the following
address:
CareScout
230 Third Avenue, Second Floor
Waltham, MA 02451
TEL: 800.571.1918
FAX: 877.252.5468
Miscellaneous
This site is created and controlled by CareScout in the Commonwealth of
Massachusetts, USA. As such, the laws of the Commonwealth of Massachusetts will
govern these disclaimers, terms, and conditions, without giving effect to any
principles of conflicts of laws. We reserve the right to make changes to our
site and these disclaimers, terms, and conditions at any time.