Five Star Quality Home Care | Terms of Use | Dallas & Collin Texas

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

Five Star Quality Home Care, LLC. (“Five Star Quality Home Care”) may revise and update these Terms and Conditions at any time. Your continued usage of the Five Star Quality Home Care website (“Five Star Quality Home Care Site,” or the “Site,”) will mean you accept those changes.

A. The Site Does Not Provide Medical Advice

The contents of the Five Star Quality Home Care Site, such as text, graphics, images, information obtained from Five Star Quality Home Care’s licensors, and other material contained on the Five Star Quality Home Care Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Five Star Quality Home Care Site!

If you think you may have a medical emergency, call your doctor or 911 immediately. Five Star Quality Home Care does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Five Star Quality Home Care, Five Star Quality Home Care employees, others appearing on the Site at the invitation of Five Star Quality Home Care, or other visitors to the Site is solely at your own risk.

B. Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

C. Use of Content

Five Star Quality Home Care authorizes you to view or download a single copy of the material on the Five Star Quality Home Care Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2013, Five Star Quality Home Care, LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Five Star Quality Home Care Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Five Star Quality Home Care or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Five Star Quality Home Care. All rights not expressly granted herein are reserved to Five Star Quality Home Care and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

D. Liability of Five Star Quality Home Care and Its Licensors

The use of the Five Star Quality Home Care Site and the Content is at your own risk.

When using the Five Star Quality Home Care Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Five Star Quality Home Care and its suppliers. Accordingly, Five Star Quality Home Care assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Five Star Quality Home Care Site.

The Five Star Quality Home Care Site and the content are provided on an “as is” basis. Five Star Quality Home Care, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Five Star Quality Home Care, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Five Star Quality Home Care Site or Five Star Quality Home Care.

2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Five Star Quality Home Care Site.

In no event shall Five Star Quality Home Care, its licensors, its suppliers, or any third parties mentioned on the Five Star Quality Home Care Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Five Star Quality Home Care Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Five Star Quality Home Care, its licensors, its suppliers, or any third parties mentioned on the Five Star Quality Home Care Site are advised of the possibility of such damages.

Five Star Quality Home Care, its licensors, its suppliers, or any third parties mentioned on the Five Star Quality Home Care Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Five Star Quality Home Care, its licensors, its suppliers, or any third parties mentioned on the Five Star Quality Home Care Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

E. User Submissions

The personal information you submit to Five Star Quality Home Care is governed by the Five Star Quality Home Care Privacy Policy. To the extent there is an inconsistency between this Agreement and the Five Star Quality Home Care Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, user reviews of drug information, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Five Star Quality Home Care by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Five Star Quality Home Care by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Five Star Quality Home Care by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Five Star Quality Home Care a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Five Star Quality Home Care may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Five Star Quality Home Care by email. We try to answer every email in a timely manner, but are not always able to do so.

F. Five Star Quality Home Care Community and Member to Member Areas (“Public Areas”)

If you use a Public Area, such as message boards, blogs, Ask Our Expert, User Reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Five Star Quality Home Care and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • Using a Public Area for any purpose in violation of local, state, national, or international laws;
  • Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Five Star Quality Home Care in its sole discretion;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code;
  • Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments
  • Posting the same note more than once or “spamming”; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Five Star Quality Home Care, exposes Five Star Quality Home Care or any of its customers or suppliers to any liability or detriment of any type.

Five Star Quality Home Care reserves the right (but is not obligated) to do any or all of the following:

  • Record the dialogue in public chat rooms.
  • Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  • Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  • Terminate a user’s access to any or all Public Areas and/or the Five Star Quality Home Care Site upon any breach of these Terms and Conditions.
  • Monitor, edit, or disclose any communication in the Public Areas.
  • Edit or delete any communication(s) posted on the Five Star Quality Home Care Site, regardless of whether such communication(s) violate these standards.
  • Five Star Quality Home Care or its licensors have no liability or responsibility to users of the Five Star Quality Home Care Site or any other person or entity for performance or nonperformance of the aforementioned activities.

G. Advertisements, Searches and Links To Other Sites

Five Star Quality Home Care may provide links to third-party web sites. Five Star Quality Home Care also may select certain sites as priority responses to search terms you enter and Five Star Quality Home Care may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Five Star Quality Home Care does not recommend and does not endorse the content on any third-party websites. Five Star Quality Home Care is not responsible for the content of linked third-party sites, sites framed within the Five Star Quality Home Care Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Five Star Quality Home Care does not endorse any product, service, or treatment advertised on the Five Star Quality Home Care Site.

H. Indemnity

You agree to defend, indemnify, and hold Five Star Quality Home Care, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

I. Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Five Star Quality Home Care, or in any way relating to your use of the Five Star Quality Home Care Site, resides in the courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Five Star Quality Home Care or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is 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 of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

J. Notice and Takedown Procedures, Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Five Star Quality Home Care’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Five Star Quality Home Care’s agent for copyright issues relating to this web site is as follows:

Five Star Quality Home Care 

info@fivestarcares.com
 Or call: (469) 215-5840

In an effort to protect the rights of copyright owners, Five Star Quality Home Care maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

K. Complete Agreement

Except as expressly provided in a particular “legal notice” on the Five Star Quality Home Care Site, these Terms and Conditions and the Five Star Quality Home Care Privacy Policy constitute the entire agreement between you and Five Star Quality Home Care with respect to the use of the Five Star Quality Home Care Site, and Content.

Thank you for your cooperation. We hope you find the Five Star Quality Home Care.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via Email to: Five Star Quality Home Care Office of Privacy, info@fivestarcares.com