Terms of Use
This page states the "Terms and Conditions" under which you may use RochesterSeniorCare.com (the "Web Site). We've created these terms of use to protect you and
ensure you have an enjoyable and informative experience. Please read the following agreement carefully. By using this web site, you are indicating your acceptance to be bound by
the terms of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use this Web Site and service.
Rochester Senior Care, LLC (the "Company") reserves the right to revise these Terms and Conditions at any time by updating this posting and without prior notice to
you. You should visit this page periodically to review the Terms and Conditions, because they are binding on you each time you access this Web Site and services. The terms "You"
and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
Use of Material
The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use.
"Material" is any text, graphics, photos, music, sounds, video, software, code, information, and articles found at this Web Site. By using this Web Site, you agree that
all content is the sole property of the Company and may not be reproduced without prior written permission. All Material is protected under US and International copyright, trademark and other laws.
All Material is the property of the Company. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company
and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark,
service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for
any purpose is prohibited.
Prohibited Site Use
The Web Site may be used only for lawful purposes by individuals seeking non-medical products and/or services. The Company specifically prohibits any use of the Web Site, and all users agree not
to use the Web Site, for any of the following:
1. Transmittal of any content that is obscene, indecent, abusive, vulgar, hateful, offensive, unlawful, fraudulent,
threatening, harassing, profane, sexually oriented, racially offensive or defamatory.
2. Transmittal of any content that infringes on the copyright, trademark, trade secret or other intellectual property
rights of others or violates the privacy, publicity or other personal rights of others.
3. Transmittal of any content that is encrypted, constitutes junk mail (spamming), chain letters, pyramid schemes, any
franchise, "club membership", unsolicited advertising, promotional, distributorship or sales representative
agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only, requires
recruitment of other members, sub-distributors or sub-agents.
4. Impersonation of any person or entity. Misrepresentation of an affiliation with a person or entity.
5. Deleting or revising any material posted by any other person or entity.
6. Attempting to decipher, de-compile, disassemble or reverse engineer any of the application software comprising
or in any way making up a part of the Web Site.
7. Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
8. Violation of applicable national, state, or local laws or regulations.
9. Framing of or linking to any Material available from the Web Site.
10. Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site
or any activity being conducted on this site.
11. Disclosing or sharing your password with any third parties or using your password for any unauthorized
purpose.
12. Violation of the security rules of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized
to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, and (c) attempting to interfere with
service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or
"crashing". Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved in such violations.
User Information
In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain
aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to
the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you
based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy
for further details regarding your Information.
User Submissions
If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove
or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent
their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect
to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the
services of its ISPs or other suppliers.
Registration and Passwords
You shall be responsible for maintaining the confidentiality of your information and password. All uses of this password, whether authorized or not, are the responsibility of the user. Please do not ever disclose your
password. You agree to immediately notify the Company of any unauthorized use of your registration or password.
Indemnity
By using the Web Site, you agree to indemnify, defend and hold harmless the Company, its Officers, Directors, Employees, from and against any claims, actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of the Material or your breach of the Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your
expense, in defending any such claim, suit or proceeding.
Termination
The Company reserves the right to terminate your ability to access the Web Site, for any reason, without notice.
If the Company determines you have breached any portion of the Terms and Conditions, the Company reserves the
right to (a) warn you of your breach by e-mail or written means, (b) delete content provided by you, (c) notify
and cooperate with the proper authorities for further legal action, and (d) continue with any other action which
the Company deems appropriate for the situation. The Company reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to immediate termination of your registration, upon any breach
by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit
to the Web Site
Applicable Law
You agree that these Terms and Conditions shall be governed in accordance with the laws of the State of Minnesota,
without giving effect to its conflict of laws provision. You agree to submit to the personal jurisdiction and
venue of such courts.
Copyright Information
All of the writing at our site is the property of the Company and is protected under copyright laws unless
otherwise noted. Reproduction of material is strictly prohibited without the prior written permission of the Company.
The Company reserves the right to publish material contributed by users. This includes feedback, comments,
and general correspondence when appropriate.
By submitting content to any public or non-public area of the Web Site, you grant the Company and its affiliates
the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the public, perform and display the content
worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed,
for the full term of any rights that may exist in such content. You also warrant that the holder of any rights,
including moral rights in such content, has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access,
display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such content.
The Company permits the following reproduction: (a) any material you wish to quote up to a paragraph in length and
used for commentary purposes provided you credit the Web Site and include a link to the Web Site, (b) general
links to the Web Site for informational purposes, and (c) downloading or printing a single copy of Material for
offline viewing.
General
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States.
Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from
outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your
jurisdiction. These Terms and conditions are governed in accordance with the laws of the State of Minnesota. Jurisdiction
for any claims arising under this agreement shall lie exclusively with the state or federal courts within Cincinnati,
Minnesota. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement
between you and the Company with respect to the use of this Web Site. No changes to these Terms and Conditions shall
be made except by a revised posting on this page.
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