Terms and Conditions
Terms of Use Agreement
Read These Terms of Use Agreement before Accessing this Web site.
This Terms of Use Agreement sets forth the standards of use of the Ask the Home Care Experts Online Service. By using the Ask the Home Care Experts Web sites you (the “Member” agrees to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Ask the Home Care Experts Web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
1. Description of Service
Ask the Home Care Experts is providing Member with an electronic medium to market their business, product, or service with the tools provided on affiliated Web sites. All information posted on the Web sites is free for the public to research and ask questions on related forums.
2. Disclaimer of Warranties
The site is provided by Ask the Home Care Experts on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Ask the Home Care Experts makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Web site in terms of its correctness, accuracy, reliability, or otherwise. Ask the Home Care Experts shall have no liability for any interruptions in the use of this Web site. Ask the Home Care Experts disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Warranty and Limitation of Liability
Ask the Home Care Experts assumes no responsibility for any injuries, damage or losses incurred as a result of using information on this web site. Ask the Home Care Experts SHALL NOT be liable for any damages whatsoever, and in particular Ask the Home Care Experts shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Ask the Home Care Experts has been advised of the possibility of such damages.
Furhermore, all products, services, materials and information provided by Ask the Home Care Experts, including articles, Web pages, instructions, files, training, advice, research, services, conferences, seminars, events, and all other products and services (“materials”), whether provided on this or another Web site, in a magazine, in a newsletter, on a disk, in a book, in a conference, in a workshop, in a seminar, by email, by fax, on the Internet, or in any other printed, electronic, live, recorded, mechanical, human or other way, is provided for informational purposes only, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, completeness, accuracy, or adequacy, all of which warranties are hereby expressly disclaimed.
No advice or information given by Ask the Home Care Experts, its employees, writers, speakers, affiliates, contractors or agents shall create a warranty, unless specifically outlined and agreed to in writing. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event will Ask the Home Care Experts be liable for any direct, indirect, special or other consequential damages for use of its information, products, or services, including, without limitation, any lost profits, business interruption, loss of software or data, or any other loss or problem, even if Ask the Home Care Experts is expressly advised of the possibility of such damages. In any event, Ask the Home Care Experts’ entire liability in any matter arising out of its information, products or services, whether by tort or contract, shall not exceed the amount actually paid by the customer directly to Ask the Home Care Experts. Under no circumstances will Ask the Home Care Experts be responsible for amounts paid to or obligations related to third parties for any purpose whatsoever.
4. Payment
All payments are due at the time the service is purchased. If an account becomes delinquent, services will be placed on hold until Member updates the account or until service is canceled. Ask the Home Care Experts reserves the right to remove the advertisement or article from the Web site in the event payments are not received in full within 30 days.
5. Rules of Conduct
You agree not write an article of any content which (1) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (2) contains viruses or other contaminating or destructive features, (3) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (4) otherwise violates any applicable law. You may not post on this Web site any links to any external Internet sites that are obscene or pornographic.
Any content the meets the criteria stated in items 1, 2, 3, or 4 will be removed immediately upon discovery with the possible termination of service.
6. Content Submissions to Ask the Home Care Experts
Unless prior agreement is made in writing by Ask the Home Care Experts, the act of submitting to Ask the Home Care Experts any works, whether submitted electronically, physically, or by any other form, grants to Ask the Home Care Experts 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 the works. Examples of submitted works include but are not limited to: tips, articles, code, graphics and images, forums, blogs, other comments, and any other information, content or works.
7. Managing Content
Ask the Home Care Experts reviews the content submitted by the Member. However, Ask the Home Care Experts reserves the right to delete, move or edit any content (including content posted in any interactive area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content submitted by you. Ask the Home Care Experts shall have the right, but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
8. Accuracy of Information
The information and resources published, presented, offered or provided by Ask the Home Care Experts has been obtained from sources believed to be reliable. Published information, code and files do not undergo formal testing by Ask the Home Care Experts. Opinions expressed are those of the writers and do not necessarily reflect the views of Ask the Home Care Experts. USE OF THIS INFORMATION IS ENTIRELY AT YOUR OWN RISK. No advice or information given by Ask the Home Care Experts, its employees, writers, speakers, affiliates, contractors, or agents, shall create a warranty, unless specifically outlined and agreed to in writing. Ask the Home Care Experts, including its editors, writers and speakers, disclaim all warranties as to the accuracy, completeness, or adequacy of the information, and shall have no liability for errors, omissions, or inadequacies of the published or presented information. While Ask the Home Care Experts strives to provide correct information, a Ask the Home Care Experts publication, conference, seminar, CD, e-mail, Web site or any other product or service may contain incorrect information caused by human error, computer error, changes in technology, changes in business practices, or other changes that may occur. Ask the Home Care Experts and other parties may make changes to the information published, presented or mentioned by Ask the Home Care Experts at any time without notice. The reader/user/attendee/customer assumes sole responsibility for determining the suitability and making appropriate use of the information and resources. The facts and opinions expressed are subject to change without notice. The content, sessions, speakers, schedule and all other details of live and online events, conferences and seminars are subject to change without notice or liability.
The entire contents of the Ask the Home Care Experts Web site and all physical, electronic, live and other works published, presented and operated by Ask the Home Care Experts, including all Web pages, print and recorded products published by Ask the Home Care Experts and all Ask the Home Care Experts works published in any fashion, including but not limited to other Internet sites or distributed or made available in any fashion, including online, by email, on disk, in print, in person, whether published with or without the permission, are copyrighted by Ask the Home Care Experts, and protected by international law. All rights are reserved.
9. Third-Party Sites
Our Web site includes links to and from other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.
Ask the Home Care Experts has no control over other Web sites, individuals, and companies, and does not endorse or accept any responsibility for your experiences with Web sites, individuals and companies that are advertised, linked, listed or otherwise mentioned by Ask the Home Care Experts on the Web, in print, on disk, in e-mail, in person, or in any other way.
Your use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
10. Disclaimer Regarding Accuracy of Member Information
Product specifications and other information have either been provided by the Member or collected from publicly available sources. While Ask the Home Care Experts makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web site.
Ask the Home Care Experts makes no warranties or representations whatsoever with regard to any product provided or offered by any Member, and you acknowledge that any reliance on representations and warranties provided by any Member shall be at your own risk.
11. Indemnification
Member shall indemnify, defend, and hold harmless Ask the Home Care Experts and its employees, representatives, officers, directors, agents and affiliates, against any claim, suit, action or other proceeding brought against Ask the Home Care Experts, its employees, representatives, officers, directors, agents and affiliates, based on, related to or arising from any of these Terms and Conditions including, without limitation, a claim that any advertising or content created or provided under these Terms and Conditions: (a) constitutes libel, pornography, obscenity, fraud, unlawful comparative advertising, false advertising or other unlawful act; or (b) infringes in any manner any copyright, patent, trademark, trade secret, right of publicity, right of privacy or any other intellectual property right or any other right of any third party. Member shall pay any and all costs, damages, and expenses including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Ask the Home Care Experts in connection with or arising out of any such claim, suit, action or proceeding. Ask the Home Care Experts shall provide the Member with prompt written notice of any claim or other proceeding; Ask the Home Care Experts shall have sole control over the defense of such claim; and Member shall not enter into any settlement or compromise of any claim without the Ask the Home Care Experts prior written consent.
ALL PRODUCTS OR SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. MEMBER RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH ASK THE HOME CARE EXPERTS WOULD NOT HAVE AGREED TO ENTER THIS AGREEMENT. ASK THE HOME CARE EXPERTS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS OR SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS OR SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF ASK THE HOME CARE EXPERTS WHATSOEVER. MEMBER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL ASK THE HOME CARE EXPERTS BE LIABLE TO MEMBER(S), CONSUMERS OR ANY THIRD PARTY UNDER THESE TERMS AND CONDITIONS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF ASK THE HOME CARE EXPERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASK THE HOME CARE EXPERTS’ LIABILITY TO MEMBER(S), CONSUMERS OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ADVERTISING, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY MEMBER HEREUNDER.
Member warrants that he or she has the rights to all Trademarks, Logos, Trade Names, Pictures, Graphics, maps, etc submitted for use in the advertisement or has express permission to use said items. Additionally, Member warrants that Ask the Home Care Experts will not be held responsible for any misuse of said items or for any false representations made by Member in advertisement.
Member warrants that he or she has the right to use any trademark, trade name or service mark in the manner and in accordance with the copy submitted. Member further warrants he has the right to use any name, portrait, picture or illustration shown in the copy submitted.
Member agrees to defend, indemnify, and hold Ask the Home Care Experts harmless from and against any and all liability claims, demands, suits or causes of action whether or not attributable to its negligence, and will pay all expenses, including attorney’s fees incurred by Ask the Home Care Experts in the defense thereof, arising out of the publication of any trademark, trade name, service mark or any portrait, picture or illustration in accordance with this Agreement.
12. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 Ask the Home Care Experts Inc., with all rights reserved, or is the property of Ask the Home Care Experts and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Ask the Home Care Experts is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Ask the Home Care Experts.
All trademarks displayed on Ask the Home Care Experts’ Web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Members. In addition, such use of trademarks or links to the Web sites of Members is not intended to imply, directly or indirectly, that those Members endorse or have any affiliation with Ask the Home Care Experts.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Ask the Home Care Experts.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Ask the Home Care Experts 10200 W 44th Ave Suite 120 Wheat ridge CO, 80033
By Telephone: 720.422.2270
15. Termination of Service
This Agreement may be terminated: (a) immediately for any material breach by the other party upon notice and failure to cure; (b) immediately for failure to make any payment hereunder; or (c) by court order, arbitration order or other act of other governmental body resulting in suspension or termination of advertising or content and Ask the Home Care Experts shall not be liable for any such acts or resulting termination or damages. Upon termination, Member shall immediately cease any and all use of content.
If Member has submitted an ad and cancels the contract, Member is liable for the full amount of the ad for that billing period. All cancellations must be in writing and sent to the corporate office in Broomfield, CO to the attention of Cancelations or by contacting customer support.
Ask the Home Care Experts reserves the right to terminate this agreement in part or in its entirety at any time with or without cause.
16. Modifications and Interruption to Service
Ask the Home Care Experts reserves the right to modify or discontinue the Service with or without notice to the Member. Ask the Home Care Experts shall not be liable to Member or any third party should Ask the Home Care Experts exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Ask the Home Care Experts does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
17. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Ask the Home Care Experts, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
18. Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of Colorado, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Wheatridge, CO. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on this Web site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
Read These Terms of Use Agreement before Accessing this Web site.
This Terms of Use Agreement sets forth the standards of use of the Ask the Home Care Experts Online Service. By using the Ask the Home Care Experts Web sites you (the “Member” agrees to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Ask the Home Care Experts Web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
1. Description of Service
Ask the Home Care Experts is providing Member with an electronic medium to market their business, product, or service with the tools provided on affiliated Web sites. All information posted on the Web sites is free for the public to research and ask questions on related forums.
2. Disclaimer of Warranties
The site is provided by Ask the Home Care Experts on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Ask the Home Care Experts makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Web site in terms of its correctness, accuracy, reliability, or otherwise. Ask the Home Care Experts shall have no liability for any interruptions in the use of this Web site. Ask the Home Care Experts disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Warranty and Limitation of Liability
Ask the Home Care Experts assumes no responsibility for any injuries, damage or losses incurred as a result of using information on this web site. Ask the Home Care Experts SHALL NOT be liable for any damages whatsoever, and in particular Ask the Home Care Experts shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Ask the Home Care Experts has been advised of the possibility of such damages.
Furhermore, all products, services, materials and information provided by Ask the Home Care Experts, including articles, Web pages, instructions, files, training, advice, research, services, conferences, seminars, events, and all other products and services (“materials”), whether provided on this or another Web site, in a magazine, in a newsletter, on a disk, in a book, in a conference, in a workshop, in a seminar, by email, by fax, on the Internet, or in any other printed, electronic, live, recorded, mechanical, human or other way, is provided for informational purposes only, without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, completeness, accuracy, or adequacy, all of which warranties are hereby expressly disclaimed.
No advice or information given by Ask the Home Care Experts, its employees, writers, speakers, affiliates, contractors or agents shall create a warranty, unless specifically outlined and agreed to in writing. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In no event will Ask the Home Care Experts be liable for any direct, indirect, special or other consequential damages for use of its information, products, or services, including, without limitation, any lost profits, business interruption, loss of software or data, or any other loss or problem, even if Ask the Home Care Experts is expressly advised of the possibility of such damages. In any event, Ask the Home Care Experts’ entire liability in any matter arising out of its information, products or services, whether by tort or contract, shall not exceed the amount actually paid by the customer directly to Ask the Home Care Experts. Under no circumstances will Ask the Home Care Experts be responsible for amounts paid to or obligations related to third parties for any purpose whatsoever.
4. Payment
All payments are due at the time the service is purchased. If an account becomes delinquent, services will be placed on hold until Member updates the account or until service is canceled. Ask the Home Care Experts reserves the right to remove the advertisement or article from the Web site in the event payments are not received in full within 30 days.
5. Rules of Conduct
You agree not write an article of any content which (1) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (2) contains viruses or other contaminating or destructive features, (3) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (4) otherwise violates any applicable law. You may not post on this Web site any links to any external Internet sites that are obscene or pornographic.
Any content the meets the criteria stated in items 1, 2, 3, or 4 will be removed immediately upon discovery with the possible termination of service.
6. Content Submissions to Ask the Home Care Experts
Unless prior agreement is made in writing by Ask the Home Care Experts, the act of submitting to Ask the Home Care Experts any works, whether submitted electronically, physically, or by any other form, grants to Ask the Home Care Experts 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 the works. Examples of submitted works include but are not limited to: tips, articles, code, graphics and images, forums, blogs, other comments, and any other information, content or works.
7. Managing Content
Ask the Home Care Experts reviews the content submitted by the Member. However, Ask the Home Care Experts reserves the right to delete, move or edit any content (including content posted in any interactive area) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content submitted by you. Ask the Home Care Experts shall have the right, but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
8. Accuracy of Information
The information and resources published, presented, offered or provided by Ask the Home Care Experts has been obtained from sources believed to be reliable. Published information, code and files do not undergo formal testing by Ask the Home Care Experts. Opinions expressed are those of the writers and do not necessarily reflect the views of Ask the Home Care Experts. USE OF THIS INFORMATION IS ENTIRELY AT YOUR OWN RISK. No advice or information given by Ask the Home Care Experts, its employees, writers, speakers, affiliates, contractors, or agents, shall create a warranty, unless specifically outlined and agreed to in writing. Ask the Home Care Experts, including its editors, writers and speakers, disclaim all warranties as to the accuracy, completeness, or adequacy of the information, and shall have no liability for errors, omissions, or inadequacies of the published or presented information. While Ask the Home Care Experts strives to provide correct information, a Ask the Home Care Experts publication, conference, seminar, CD, e-mail, Web site or any other product or service may contain incorrect information caused by human error, computer error, changes in technology, changes in business practices, or other changes that may occur. Ask the Home Care Experts and other parties may make changes to the information published, presented or mentioned by Ask the Home Care Experts at any time without notice. The reader/user/attendee/customer assumes sole responsibility for determining the suitability and making appropriate use of the information and resources. The facts and opinions expressed are subject to change without notice. The content, sessions, speakers, schedule and all other details of live and online events, conferences and seminars are subject to change without notice or liability.
The entire contents of the Ask the Home Care Experts Web site and all physical, electronic, live and other works published, presented and operated by Ask the Home Care Experts, including all Web pages, print and recorded products published by Ask the Home Care Experts and all Ask the Home Care Experts works published in any fashion, including but not limited to other Internet sites or distributed or made available in any fashion, including online, by email, on disk, in print, in person, whether published with or without the permission, are copyrighted by Ask the Home Care Experts, and protected by international law. All rights are reserved.
9. Third-Party Sites
Our Web site includes links to and from other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.
Ask the Home Care Experts has no control over other Web sites, individuals, and companies, and does not endorse or accept any responsibility for your experiences with Web sites, individuals and companies that are advertised, linked, listed or otherwise mentioned by Ask the Home Care Experts on the Web, in print, on disk, in e-mail, in person, or in any other way.
Your use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
10. Disclaimer Regarding Accuracy of Member Information
Product specifications and other information have either been provided by the Member or collected from publicly available sources. While Ask the Home Care Experts makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web site.
Ask the Home Care Experts makes no warranties or representations whatsoever with regard to any product provided or offered by any Member, and you acknowledge that any reliance on representations and warranties provided by any Member shall be at your own risk.
11. Indemnification
Member shall indemnify, defend, and hold harmless Ask the Home Care Experts and its employees, representatives, officers, directors, agents and affiliates, against any claim, suit, action or other proceeding brought against Ask the Home Care Experts, its employees, representatives, officers, directors, agents and affiliates, based on, related to or arising from any of these Terms and Conditions including, without limitation, a claim that any advertising or content created or provided under these Terms and Conditions: (a) constitutes libel, pornography, obscenity, fraud, unlawful comparative advertising, false advertising or other unlawful act; or (b) infringes in any manner any copyright, patent, trademark, trade secret, right of publicity, right of privacy or any other intellectual property right or any other right of any third party. Member shall pay any and all costs, damages, and expenses including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Ask the Home Care Experts in connection with or arising out of any such claim, suit, action or proceeding. Ask the Home Care Experts shall provide the Member with prompt written notice of any claim or other proceeding; Ask the Home Care Experts shall have sole control over the defense of such claim; and Member shall not enter into any settlement or compromise of any claim without the Ask the Home Care Experts prior written consent.
ALL PRODUCTS OR SERVICES HEREUNDER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. MEMBER RECOGNIZES THAT THE “AS IS” CLAUSE OF THIS AGREEMENT IS AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH ASK THE HOME CARE EXPERTS WOULD NOT HAVE AGREED TO ENTER THIS AGREEMENT. ASK THE HOME CARE EXPERTS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS OR SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS OR SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF ASK THE HOME CARE EXPERTS WHATSOEVER. MEMBER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL ASK THE HOME CARE EXPERTS BE LIABLE TO MEMBER(S), CONSUMERS OR ANY THIRD PARTY UNDER THESE TERMS AND CONDITIONS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF ASK THE HOME CARE EXPERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASK THE HOME CARE EXPERTS’ LIABILITY TO MEMBER(S), CONSUMERS OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ADVERTISING, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY MEMBER HEREUNDER.
Member warrants that he or she has the rights to all Trademarks, Logos, Trade Names, Pictures, Graphics, maps, etc submitted for use in the advertisement or has express permission to use said items. Additionally, Member warrants that Ask the Home Care Experts will not be held responsible for any misuse of said items or for any false representations made by Member in advertisement.
Member warrants that he or she has the right to use any trademark, trade name or service mark in the manner and in accordance with the copy submitted. Member further warrants he has the right to use any name, portrait, picture or illustration shown in the copy submitted.
Member agrees to defend, indemnify, and hold Ask the Home Care Experts harmless from and against any and all liability claims, demands, suits or causes of action whether or not attributable to its negligence, and will pay all expenses, including attorney’s fees incurred by Ask the Home Care Experts in the defense thereof, arising out of the publication of any trademark, trade name, service mark or any portrait, picture or illustration in accordance with this Agreement.
12. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2010 Ask the Home Care Experts Inc., with all rights reserved, or is the property of Ask the Home Care Experts and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Ask the Home Care Experts is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Ask the Home Care Experts.
All trademarks displayed on Ask the Home Care Experts’ Web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Members. In addition, such use of trademarks or links to the Web sites of Members is not intended to imply, directly or indirectly, that those Members endorse or have any affiliation with Ask the Home Care Experts.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Ask the Home Care Experts.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Ask the Home Care Experts 10200 W 44th Ave Suite 120 Wheat ridge CO, 80033
By Telephone: 720.422.2270
15. Termination of Service
This Agreement may be terminated: (a) immediately for any material breach by the other party upon notice and failure to cure; (b) immediately for failure to make any payment hereunder; or (c) by court order, arbitration order or other act of other governmental body resulting in suspension or termination of advertising or content and Ask the Home Care Experts shall not be liable for any such acts or resulting termination or damages. Upon termination, Member shall immediately cease any and all use of content.
If Member has submitted an ad and cancels the contract, Member is liable for the full amount of the ad for that billing period. All cancellations must be in writing and sent to the corporate office in Broomfield, CO to the attention of Cancelations or by contacting customer support.
Ask the Home Care Experts reserves the right to terminate this agreement in part or in its entirety at any time with or without cause.
16. Modifications and Interruption to Service
Ask the Home Care Experts reserves the right to modify or discontinue the Service with or without notice to the Member. Ask the Home Care Experts shall not be liable to Member or any third party should Ask the Home Care Experts exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Ask the Home Care Experts does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
17. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Ask the Home Care Experts, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
18. Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of Colorado, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Wheatridge, CO. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on this Web site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.
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