Terms and Conditions

/Terms and Conditions
Terms and Conditions2018-01-28T19:02:42+00:00

The following terms and conditions apply to accessing the Home Care Institute (HCI) Website, consuming HCI Content, and purchasing Content, Courses and subscriptions. By agreeing to these terms, you are also agreeing to the HCI Privacy Policy.

You understand that HCI can change the general terms of service, separate Buyer and Seller terms, and/or the privacy policy by posting changes to this Website. Your ongoing use of HCI indicates that you accept any changes to these terms.

User Conduct

By using this Website, you agree that you shall not:

(a) delete, modify, hack, password mine or attempt to change or alter any of the Content on this Website;

(b) attempt to access accounts, computer systems, or networks connected to any HCI servers or to this Website, through any means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Website;

(c) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of this Website or servers or networks connected to this Website, or take any other action that interferes with other parties’ use of this Website;

(d) use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on this Website for purposes other than for a generally available search engine;

(e) use any HCI names, service marks, logos, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;

(f) use any material or information, including images or photographs, which are made available through this Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; or

(g) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Permissible Use

Except as indicated to the contrary elsewhere on this Website, you may view, copy, retransmit, and print the Content available on this Website subject to the following conditions:

(a) you may only use the Content for personal, informational, or internal business purposes;

(b) you may not provide, sell, license, or lease the Content for any fee or other consideration;

(c) you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on this Website appear on all copies;

(d) you may not modify or alter the Content in any way; and

(e) you may not use any graphics separately from accompanying text.

Unless you and HCI have agreed otherwise in writing, you may link or hyperlink to the top-level home page of the Website from any Website, but only if:

(a) you do not frame the Website or any portion of the Website;

(b) the hyperlink to the Website is not used in a way that suggests that HCI endorses you or your Website;

(c) the link to the Website is not used or presented in any way that disparages HCI or tarnishes, blurs, or dilutes the quality of HCI’s name or trademarks or any associated goodwill; and

(d) the link to the Website is not displayed on any web page that displays objectionable Content or links, including but not limited to, any Content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, hate speech, or an infringement of any third party’s intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law.

Registration

You understand and agree to the following:

You must use a valid e-mail address and create a username during the registration process.

By registering for HCI, you are indicating that you have the capacity to understand these Terms of Service. HCI will not be held liable for any loss or damage for non-compliance.

You are responsible for all uses of your account. You must keep your password confidential. We may refuse, at our sole discretion, to allow you to register a username that is trademarked, inappropriate, or impersonates another individual.

You agree to let HCI immediately know of any unauthorized use of your account.

When using HCI Content and Courses, you must provide, and maintain, accurate, current, and complete information about yourself.

HCI reserves the right to refuse the service to any user.

You may only use the HCI Website for the limited purpose of learning about the company, accessing resources and taking Courses. You may not use the HCI Website for any other purpose, including, but not limited to, researching HCI customers and partners. You may only use HCI Content under conditions of copyright. Under no circumstances, may you use automated methods to crawl, scrape, or otherwise collect data from the HCI Website.

Deactivation

You can deactivate, or terminate, your account at any time and for any reason. HCI can also deactivate, or terminate, your account at any time and for any reason. We also reserve the right to use any means (legal, operational, or technological) available to enforce these terms. Once deactivation occurs, your rights to access HCI Content will cease to exist.

 

Buyer Terms

If you purchase Content or Courses from HCI, you or your organization will be responsible to pay the fee associated with such Courses or subscriptions and any applicable taxes.

What You Are Buying

When you purchase Content or Courses from HCI, you are purchasing a non-exclusive license to use that Content consistent with the purchased license type. Ownership of all intellectual property rights, including all copyright, trademarks, designs and patents whether registered or unregistered, and all other intellectual property, software and goodwill relating to the Content will remain with the Seller.

You agree not to copy, record, edit or alter or otherwise interfere with the Content and Courses provided by HCI. This shall include without limitation: a) not using recording equipment to record during playback of the Courses; b) not overlaying the Courses with other audio, video or images or distorting the quality of the training programs; c) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the Courses, and not using and distributing hardcopy Content without the explicit copyright included within the Content.

You agree not to (or attempt to) interfere with or disrupt the proper operation of HCI’s or its partner’s software, hardware, systems or networks or Courses, including (but not limited to) not knowingly or negligently transmitting files that may interrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including (without limitation) corrupted files or files that contain viruses, trojans, worms, spyware or other malicious Content.

You may not use the Content or Courses for any purpose other than for the purpose for which they have been provided and you agree not to use the Content or Courses for illegal or inappropriate purposes. In particular, you agree that you will not use the Content or Courses to do any of the following: a) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature; b) carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters; or c) falsify the origin or source of any Content or other material.

Your right to access and use the Content or Courses may not be assigned, transferred or sublicensed by you. Any Content or Courses provided at no cost may be removed or substituted at will.

Warranty

Content, Courses and subscriptions distributed by HCI are done so in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

While HCI will make every effort to support customers to access and consume its Content and Courses, because of the unpredictability of end-user technology, we do not guarantee that the Courses and Content will function as expected. We do not assume responsibility and will not be held responsible for any conflicts or compatibility issues that may occur due to third-party software.

No Medical Advice

The Website is designed for educational and informational purposes only. This Website does not provide medical advice, diagnoses or recommendations about medical treatment, and does not recommend or endorse any products or information for any particular circumstances. You expressly acknowledge and agree that HCI is not responsible for the results of any decisions made based on your use of this Website or any Forum.

THE CONTENT ON THIS SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. HCI AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. HCI SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS SITE AND ALL CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE. HCI MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL HCI OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THIS SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF HCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE LIMITATIONS SET FORTH IN THIS SECTION 17 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, HCI’S LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation on Actions

You agree that any dispute arising out of these Terms or your use of this Website must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by HCI to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

Governing

These terms shall be governed in all respects by the laws of the State of Georgia, USA, and any disputes arising hereunder shall be submitted to state and federal courts in Johns Creek, GA and you agree to and consent to the exclusive jurisdiction of such courts. If any of these terms are deemed invalid, then the remaining terms shall still be enforced. HCI is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond HCI’s reasonable control. Official correspondence must be sent via email to: info@homecareinstitute.com. If you are not a resident of the United States of America, then you agree to follow all applicable laws and local rules regarding the transmission of data from the United States and the country in which you live.

These terms, including Buyer and Seller terms that you may separately agree to as part of registering to do business with HCI, represent the complete, entire, and exclusive understanding and agreement between you and HCI. These terms supersede all prior, written or oral, understandings or agreements.

Dispute Resolution

You agree that any dispute arising out of or relating in any way to your use of this Website requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, HCI may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Georgia, or to any Federal Court located within the State of Georgia for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Georgia.

Acknowledgement

You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement. If you are using this Website on behalf of a business, that business accepts these Terms.

General

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. HCI’s failure to act with respect to a breach by any visitor using this Website does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Georgia without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and the Privacy Statement as posted from time to time by HCI on this Website, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.

Contact Information

If you have any questions about these Terms, the practices of HCI, or your dealings with this Website, please contact us at info@homecareinstitute.com. You may also contact us to update your personal information by notifying us when you change your name or email address.