Welcome to the website of Above & Beyond In Home Care, LLC (“we or “us”) located at www.aboveandbeyondinhomecare.com (the “Site”). Please read the following terms and conditions carefully. By using the Site, you agree to these terms and conditions. If you do not agree, please do not use the Site. These Terms of Use apply to your access and of the Site and shall control over any other agreement you may have with us with regard to access or use of the Site. We may need to change these Terms of Use or impose new conditions on the use of this Site, from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use. We also have a Privacy Policy, which you may read and access by clicking on the following link: Privacy Policy.
Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
We shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this Site.
Limitation of Liability
Under no circumstances shall we, our subsidiaries, or affiliates be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site, or the content, services, or hyperlinks made available on the Site even if we have been advised of the possibility of such damages. If you are dissatisfied with the Site, or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless us, and all of our directors and officers, from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of our intellectual property rights of those of any third party content provider of the Site.
Copyright and Trademarks
This Site contains material which is our property, and which is protected by United States and international copyright, trademark and other intellectual property laws. All content posted on this Site is our sole and exclusive property. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing license rights.
Third Party Vendor Access
We may permit third-party vendor access to the Site, for the purposes of collecting or analyzing data, such as website traffic or user data, in accordance with our Privacy Policy. Any third party granted access to the Site must only access, use, or disclose such data to the extent necessary to perform and administer services for us and must comply with our Privacy Policy terms as a condition of access. Any third party granted access to any portion of the Site is prohibited from selling such data or using such data for its own marketing, regardless of any statements or agreements to the contrary. This provision shall survive termination of use or access with regard to all data accessed, used or disclosed as a result of a third party’s access to the Site.
License to Submitted Content
By posting messages, uploading files, or otherwise providing any material to us for display on the Site, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub-license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Linking Policy
We have entered into agreements with certain third party website owners which allow us to place on such third party”s site (“Third Party Site”), and allows the third party to place on our Site, a hyperlink (a “Link”) or a banner advertisement (“Banner Ad”) containing a Link which allows our respective users to connect to the home page of the Third Party Site or this Site. Please note that we are not franchised in any way with these third parties or Third Party Sites, and that if you click on a Link or Banner Ad containing a Link to a Third Party Site, once you have left this Site, we have no further control over the content and materials that you will be viewing on the Third Party Site. We are not responsible for the content, accuracy, or opinions expressed on any Third Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third Party Site that is placed on our Site does not imply approval or endorsement of the Third Party Site. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, our Privacy Policy will no longer be in effect. We may at any time revise this Linking Policy and you are bound by any such revisions and should therefore periodically visit these Terms of Use to review the current Linking Policy to which you are bound.
Registration
To use certain features of the Site, you may be required to register with us as provided on the Site. You agree (a) to provide true, accurate, current and complete information about yourself as requested, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person”s authorization; or (iii) use a username or password that we in our sole discretion, deems offensive or inappropriate. We have no obligation to verify the authenticity of any registration information, but reserve the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords, and we will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Termination
We may cancel, suspend or terminate your right to use the Site or a portion thereof at any time without notice. In the event of suspension, or termination, you are no longer authorized to access the part of the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive your discontinued use of the Site. The requirement for third-party vendors to comply with the restrictions in these Terms of Use and our Privacy Policy with regard to data access through the Site shall also survive any discontinued use of the Site.
Arbitration and Waiver of Certain Rights
In the event of any dispute, claim, question or disagreement arising from or relating to these Terms of Use or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. The parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon written notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its commercial dispute resolution rules.
NEITHER YOU NOR WE MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR OUR INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section will survive the termination of your use of the Site.
General Provisions
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use or the Site, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in San Diego County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. Any provision of these Terms of Use that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms of Use shall continue in full force and effect. Neither these Terms of Use, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. No failure of Above & Beyond In Home Care, LLC to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to your use of the Site, and all information (including confidential information) obtained by you from the Site, and supersedes any and all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.
Access to Collected Information
For any questions related to updating, changing or accessing your account information, please send an email to contact@aboveandbeyondinhomecare.com or please contact us at:
Above & Beyond In Home Care, LLC
1902 Wright Place, Suite 200
Carlsbad, CA 92008