Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using our Web site located at the URL www.accentcare.com and any other site provided by us (collectively, this Site) or placing an order through AccentCare, Inc. (we or us) you are indicating your acceptance of the following terms and conditions (Terms of Use).

AccentCare: Our Services to You

We are a leading Web-based elder-care solution resource for planning, implementing and managing the care of persons with age-related needs. This Site offers an assessment tool to develop a plan of care, the AccentCare OnePlan decision-making program; a directory of in-home personal care providers as well as healthcare products and service providers (the Directory); live, real-time professional help via LiveCare; editorial content on a variety of elder-care issues; and our password-protected FamilyPage that allows family members and authorized professionals to share caregiving information.

The information provided in this Site is not intended to, nor should it in any way, replace medical consultations with qualified health or medical professionals to meet your individual health or medical needs, or those of your loved ones. Any information obtained through this Site, pertaining to any elder or personal care matters, is provided without the benefit of a thorough professional assessment and evaluation and therefore cannot be relied upon as a professional opinion or a recommended course of action in your specific situation. Please keep this in mind while making use of this Site and the information provided in this Site.

Modifications to Terms of Use

We reserve the right, at any time, to modify, alter, update or remove portions of these Terms of Use. Please check them (including our privacy policy (Privacy Statement) and all other policies) from time to time as your continued use of this Site signifies your acceptance of any changed items.

Restrictions On Use of This Site and Its Contents

This Site is owned and operated by us. All materials appearing on this Site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of us and our licensors. You agree to use the content of this Site only for your personal use and for no other purpose.

We authorize you to download and print documents and portions of documents, including but not limited to information from the Directory published by us on this Site solely for viewing, browsing and shopping purposes. Any other copying, modification, reproduction, performance, display, incorporation into any other Web site or other work, mirroring this Site, redistribution, retransmission or publication of any downloaded material is strictly prohibited without our express written consent. You agree not to change or delete any copyright, trademark or other proprietary notices from any copy of these documents which you download or print.

No Medical Advice or Recommendations

This Site offers information, tools and resources to manage the care of persons with age-related needs. We do not provide medical advice through this Site or through any services offered on this Site, including but not limited to, LiveCare and the AccentCare OnePlan decision-making program. We are not a medical referral service and this Site does not provide medical referrals, or make recommendations or endorsements for any personal care or healthcare providers.

This Site may be used as an intermediary to provide or obtain selected information from AccentCare OnePlan decision-making program, LiveCare and the Directory. You agree to assume all responsibility and liability in connection with choosing any personal in-attendant & personal care providers, personal care plans, or personal in-attendant & personal care products from the Directory or other services offered on this Site, whether you have obtained information about any such personal in-attendant & personal care providers, personal care plans or personal in-attendant & personal care products through this Site or us.

Disclaimers

While we endeavor to provide the most accurate, up-to-date information available, the directories and information contained in this Site may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. We cannot guarantee that the content or other information provided through this Site will be accurate or up-to-date or that the procedure for purchasing products and/or services will operate correctly. In the event any service or product is listed at an incorrect price or is not actually available due to incorrect supplier information or typographical error, we shall have the right to refuse or cancel orders placed for the products or services listed at the incorrect price or actually unavailable, regardless of whether your credit card has been charged and the order has been confirmed. Information on price and availability is subject to change without notice.

THIS SITE AND THE CONTENT ON THIS SITE ARE PROVIDED BY US ON AN "AS-IS" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND 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, AND THE INFORMATION, CONTENT, MATERIALS OR VEHICLES INCLUDED ON THIS SITE.

IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THIS SITE AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES.

Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF THIS SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.

Links

This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement of the link/site, nor are we responsible for the content of any linked site. You access linked sites at your own risk.

Third-Party Content

Certain content from third-party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or the Privacy Statement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use or the Privacy Statement could subject you to criminal or civil penalties.

User Responsibilities, Communications, Feedback, and Submissions

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.

We welcome your comments and feedback regarding this Site. However, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us while using this Site or otherwise (collectively, Submissions) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.

Termination of Usage

We may terminate or suspend your access to all or part of this Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to this Site or is in violation of any applicable law or these Terms of Use.

Privacy Statement

We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users. Our current Privacy Statement is available by clicking the "Privacy" tab above and is incorporated herein by reference and made part of these Terms of Use.

Applicable Law

This Site is controlled by us from our offices within the State of California, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of California, USA, without regard to any conflict of law provisions. We make no representation that the content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Disputes

You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts of Orange County, California, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has occurred.

Privacy Information, Availability and Payment

All prices displayed on this Site are quoted in U.S. dollars. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on this Site without incurring any obligations.

The receipt of an email order confirmation does not constitute the acceptance of an order. Prior to the acceptance of an order, verification of information, price and availability may be required.

Notices

AccentCare, AccentCare.com and "The Accent is on Caring," are our trademarks or service marks. All such trademarks, trade names and service marks are proprietary to us, and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us, without our written permission. All other trademarks, product names and company names and logos are the property of their respective owners.

Please feel free to contact us to resolve a complaint regarding any aspect of service relating to this Site by writing to us at the address below, sending email to webMaster@accentcare.com or by calling 800.834.3059.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.

How to Contact Us

AccentCare Direct Representative

Phone: 800-834-3059

U.S. Mail:
AccentCare, Inc.
Attn: AccentCare Direct
135 Technology Drive, Suite 150
Irvine, CA 92618