Last updated September 28th 2021
When using the Site, or participating in any services offered through the Site, you agree not to:
Send spam or any other form of duplicative or unsolicited messages, to any third party or any other user of the Site;
- Commit or attempt to commit actions of fraud, bribery, corruption, abuse, or illegally attempt to obtain sensitive and personal information from any person or user of the Site.
- Harvest, collect, gather, or assemble information or data regarding other users of the Site without their express, written consent;
- Transmit through or post on the Site unlawful, libelous, infringing, defamatory, threatening, vulgar, or obscene material or material that might be harmful to minors;
- Knowingly transmit material containing software viruses or harmful computer code, files, scripts, or programs;
- Knowingly interfere with or disrupt the Site’s integrity or performance;
- Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code from the Site or from any other information by any means whatsoever; or
- Modify or create a derivative work of the Site or any portion thereof.
You are solely responsible for providing, maintaining and ensuring compatibility with the Site’s access requirements, all hardware, software, electrical or other requirements for your use of the Site, including telecommunications and internet service provider access, links, web browsers or other equipment and services required to access the internet or use the Site. You acknowledge that the Site may be inoperable or inaccessible for any reason, including periodic maintenance or repairs or other causes beyond Home Instead’s control. You agree we are not responsible for your inability to access the Site for any reason.
Copyright and Trademarks
This Site contains material which is the property of Home Instead and which is protected by United States and international copyright, trademark and other intellectual property laws. Home Instead® is a registered trademark of Home Instead. All content posted on this Site is the sole and exclusive property of Home Instead. 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.
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, HOME INSTEAD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOME INSTEAD DOES 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.
Home Instead 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 or any services arising out of your use of this Site. You hereby waive any and all claims you may have against Home Instead and Home Instead’s agents for damage or injury to person or property sustained by you or any persons claiming through you due to your use of this Site or any Services arising out of your use of this Site.
Limitation of Liability
No portion of this site is directed to children under 13. Children age 13 or younger may only participate in the Pen Pal program through a registered parent or guardian.
Arbitration and Waiver of Certain Rights
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, 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, unless you are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.