These Terms of Service (“Terms”) govern your access to and use of One You Love Homecare, LLC and One You Love Homecare Franchising, LLC websites and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the website (collectively referred to as “Content”). Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms. By accessing or using the website you agree to be bound by these Terms.
You are responsible for any Content you may be able to post online, such as comments, form submissions, etc. The Content you submit, post, or display will be able to be viewed by other users of the website and through third party website and websites page to control who sees your Content. You should only provide Content that you are comfortable sharing with others under these Terms. The website that One You Love Homecare provides may change from time to time without prior notice to you. In addition, One You Love Homecare may stop (permanently or temporarily) providing the website to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. Website may include advertisements, which may be targeted to the Content or information on the website, queries made through the website, or other information. In consideration for One You Love Homecare granting you access to and use of the website, you agree that One You Love Homecare and any third-party providers and partners may place such advertising on the website or in connection with the display of Content or information from the website whether submitted by you or others.
You are responsible for safeguarding the password that you use to access the website and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of both upper and lower case letters, numbers and symbols) with your account. One You Love Homecare cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Website
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the website and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the website or obtained by you through the website is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or endorse any opinions expressed via the website. You understand that by using the website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will One You Love Homecare be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the website or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the website. By submitting, posting or displaying Content on or through the website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for One You Love Homecare to make such Content available to other companies, organizations or individuals who partner with Equipment Financed Advisor for the syndication, broadcast, distribution or publication of such Content on other media and website, subject to our terms and conditions for such Content use.
Such additional uses by One You Love Homecare, or other companies, organizations or individuals who partner with One You Love Homecare, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the website.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, website or media.
You are responsible for your use of the website, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. One You Love Homecare will not be responsible or liable for any use of your Content by One You Love Homecare in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
One You Love Homecare Rights
All right, title, and interest in and to the website (excluding Content provided by users) are and will remain the exclusive property of One You Love Homecare and its licensors. The Website is protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the One You Love Homecare name or any of the One You Love Homecare trademarks, logos, domain names, and other distinctive brand features.
Restrictions on Content and Use of the Website
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the website and to terminate users or reclaim usernames. Please review the One You Love Homecare Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of One You Love Homecare, its users and the public.
You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, One You Love Homecare’s computer systems, or the technical delivery systems of One You Love Homecare’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by One You Love Homecare (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with One You Love Homecare (NOTE: crawling the website is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the website without the prior consent of One You Love Homecare is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the website.
One You Love Homecare respects the intellectual property rights of others and expects users of the website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide contact us immediately with details regarding this copyright infringement with your contact information.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, One You Love Homecare will also terminate a user’s account if the user is determined to be a repeat infringer.
The website is available “AS-IS”
Your access to and use of the website or any Content is at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, One You Love Homecare AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the website or any content thereon. One You Love Homecare will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the website, or any Content. You also agree that One You Love Homecare has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the website.
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or website on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by One You Love Homecare of such websites or resources or the content, products, or website available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONE YOU LOVE HOMECARE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ONE YOU LOVE HOMECARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Waiver and Severability
The failure of One You Love Homecare to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Pennsylvania without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the website will be brought solely in Philadelphia County, Pennsylvania, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Pennsylvania (excluding choice of law).
We may revise these Terms from time to time, the most current version will always be at oylhstaging.wpengine.com/terms. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.
The websites are operated and provided by One You Love Homecare, LLC and One You Love Homecare Franchising, LLC, 1538 Packer Avenue Philadelphia, PA 19145. If you have any questions about these Terms, please contact us.
Effective: December 1, 2018.