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Terms of Use

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Last Updated June 8, 2009.

Home Instead, Inc. ("Home Instead" or "we" or "us" or "our") controls and operates the Internet website located at www.homeinstead.com (the "Site"). For your convenience, we, as the Franchisor for the Home Instead Senior Care Franchise network, host the websites of our wholly-owned and individually operated Franchises ("Franchises") on the Home Instead server located at our headquarters in Omaha, Nebraska. By hosting the websites of our Franchises (the "Franchise Sites"), Home Instead is acting as an Internet Service Provider (ISP) and is hosting the Franchise Sites as a service to you. Please read the following terms and conditions carefully. By using this Site, you agree to these terms and conditions. If you do not agree, you should not use this Site. Because the Internet is an evolving medium, we may need to change these Terms of Use or impose new conditions on the use of this Site or our Franchise Sites, from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Site and any of the Franchise Sites, you accept these Terms of Use, including any modifications made as of the date of your use. We also have a Privacy Policy which you should read and may access by clicking on the Privacy Policy link at the bottom of each page.

"Franchise" shall mean each independently owned and operated Home Instead Senior Care Franchise.


Copyright and Trademarks

This Site and the Franchise Sites contain 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 Senior Care" is a registered trademark of Home Instead. All content posted on this Site or on a Franchise Site is the sole and exclusive property of Home Instead, the Franchise, or an employee of Home Instead or a Franchise. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site or any Franchise Site, including code and software underlying this Site or any Franchise Site. You may download content from this Site or any Franchise Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent, and, if applicable, the consent of the Franchise or employee owner of the content. Any unauthorized use of content terminates the foregoing license rights.


Franchise Site Content

You understand that by using a Franchise Site that Home Instead is acting as the ISP for that Franchise and that Home Instead has no control over the content posted on any Franchise Site. Home Instead gives its Franchises the option of using content provided by Home Instead on its own Franchise Site, however, each Franchise has the right, in its sole discretion, to post or reject the content offered by Home Instead. Any content placed on a Franchise Site that is has not also been placed on this Site has either been provided by a Franchise or by one or more Franchise employees. Except for content that is located on both a Franchise Site and this Site, Home Instead disclaims all ownership rights in and to any content, including text, images, photographs, or links posted on the Franchise Sites. Under no circumstances is Home Instead acting as a controller or supervisor of any content placed on a Franchise Site. Home Instead will not, and is under no obligation to, review or filter any content, including text, images, photographs, or links, placed on any Franchise Site. If you decide to leave the Site and access a Franchise Site, even if access is provided through a hyperlink from our Site, you do so at your own risk. We are not responsible for the privacy policies of our Franchises. By accessing a Franchise Site, you acknowledge that you are leaving this Site, and that the Home Instead Privacy Policy is no longer in effect. Please see the Section titled "Linking Policy" below for further information on links to other websites.


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 OR ANY FRANCHISE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR FRANCHISE SITE, OR THE SERVERS THAT MAKE THE SITE AND FRANCHISE SITES 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 franchise site.


Limitation of Liability

Under no circumstances shall Home Instead, its subsidiaries, its Affiliates or its Franchises be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site or any Franchise Site, or the content, services, or hyperlinks made available on the Site or any Franchise Site even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Home Instead is not liable for any defamatory, offensive, pornographic, or illegal content posted to any Franchise Site or for the conduct of any Site or Franchise Site user. If you are dissatisfied with the Site or any Franchise Site, or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site and/or Franchise Site. You agree to indemnify, defend and hold harmless Home Instead, its Franchises, and all of our and their respective its directors and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site or a Franchise Site, or your infringement of the intellectual property rights of Home Instead or any third party content provider of the Site or Franchise Site.


License to Submitted Content

By posting messages, uploading files, or otherwise providing any material to us for display on the Site(s), you are granting Home Instead a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.


Linking Policy

Home Instead has entered into agreements with certain third party website owners which allow us to place on such third party"s site ("Third Party Site"), and allows the third party to place on our Site or a Franchise Site, a hyperlink (a "Link") or a banner advertisement ("Banner Ad") containing a Link which allows our respective users to connect to the home page of Third Party Site, this Site or a Franchise Site. Please note that Home Instead is not Franchised in any way with these third parties or the Third Party Sites, and that if you click on a Link or Banner Ad containing a Link to a Third Party Site, once you have left this Site. Home Instead has no further control over the content and materials that you will be viewing on the Third Party Site. We are not responsible for the content, accuracy, or opinions expressed on any Third Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third Party Site that is placed on our Site does not imply approval or endorsement of the Third Party Site. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the Home Instead Privacy Policy stated on this Site is no longer in effect. Home Instead may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit these Terms of Use to review the current Linking Policy to which you are bound.


Registration

To use certain features of the Site, you may be required to register with Home Instead or any Franchise on the form provided on the Site or Franchise Site. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person"s authorization; or (iii) use a username or password that Home Instead in its sole discretion, deems offensive or inappropriate. Home Instead has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords. Home Instead will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.


Confidentiality

Registered users of this Site who have expressed interest in becoming a Franchise may, upon request, be provided with access to certain information and content about Home Instead, which is deemed "Confidential Information" and which includes, without limitation, records, products, software, data systems, formulas, compositions, projects, developments, processes, methods, techniques, computer programs, customer lists, supplier lists, financial statements, loan documents, advertising and promotional materials, marketing materials, manuals, books, data, files, memorandum, projections, or information or other written, photographic or other tangible material containing confidential or private information relating to the business and know how of Home Instead and/or its customers, and the tangible contents and written and electronic correspondence arising from discussions or negotiations about Home Instead or its business. As a condition to such access, you agree that for a period of three (3) years from the date on which you registered on those pages of the Site allowing you access to the Confidential Information that you will: (a) keep all Confidential Information confidential and not to disclose or reveal any Confidential Information to any person other than representatives of Home Instead; and (b) not use Confidential Information for any purpose other than for evaluating the business opportunities of becoming a Home Instead Franchise. Confidential Information shall not include information that (a) is or becomes part of the public domain other than as a result of disclosure by you, (b) becomes available to you on a non-confidential basis from a source other than Home Instead, provided that, to the best of your knowledge after due inquiry, such source is not prohibited from transmitting such information by a contractual, legal, or other obligation, or (c) was in your possession prior to disclosure of the same by Home Instead.


Termination

Home Instead may cancel, suspend or terminate your right to use the Site or a Franchise Site or a portion thereof at any time without notice. In the event of suspension or termination, you are no longer authorized to access the part of the Site or Franchise Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site or Franchise Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.


Entire Agreement

These Terms of Use constitute the entire agreement between Home Instead and you with respect to your use of the Site, and all information (including Confidential Information) obtained by your from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.


Access to Collected Information

For questions related to updating or changing your account information, please send e-mail to info@homeinstead.com or contact us at:
Home Instead, Inc.
13323 California Street
Omaha, NE 68154