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Terms of Use
THE FOLLOWING
DESCRIBES THE TERMS ON WHICH YOU MAY BE PROVIDED ACCESS TO ElderCarelink.COM. BY
ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF
USE.
ElderCarelink.com (the "Site") is
owned and operated by LongRun Strategies, LLC; a Massachusetts limited liability
company ("LongRun"). LongRun may amend this Agreement at any time by
posting amended terms and conditions on the Site.
1. THE
SITE. The Site offers a lead
generation service that matches requests from potential customers
("You" or "Users") with providers who offer financial, medical,
healthcare and other products or services ("Providers") that may be
able to meet Users' needs. LongRun is not involved in the actual
transaction between Users and Providers and does not promote or
recommend any particular Provider. Consequently, LongRun cannot
ensure that a transaction will occur or if it does occur that it
will satisfy the needs of either Providers or Users. The Site acts
as the venue for Users to submit requests to Providers who are
clients of LongRun, and the information you provide to us will be
sent to Providers in our network. The Site does not dispense medical
advice. All charges associated with this service are incurred by the
Providers. All rights relating to the Site, including ownership as
to content, materials, trademarks and other intellectual property
contained in the Site, are the exclusive property of LongRun and You
may not copy, reproduce, publish, disassemble, decompile, modify or
make any other use of the Site or content contained therein other
than as expressly provided hereunder or as may be expressly
permitted by LongRun in writing. The Site may contain links to other
websites owned or operated by third parties. LongRun has no
responsibility, obligation or liability with respect to such third
party sites and makes no warranties with respect to such sites and
You access them at your own risk.
2.
CONDUCT. You are responsible for
maintaining the accuracy and sufficiency of information You supply
to the site and agree to provide and maintain true, complete and
correct information on the Site. You may not use the Site in
violation of any applicable law, in violation of the intellectual
property rights of others or to transmit harmful, threatening,
obscene or other objectionable material. You may not allow anyone
else to use Your email address or access the Site using your email
address. You agree to notify LongRun immediately of any unauthorized
use of your email or any other suspected breach of security as to
the Site. You acknowledge that LongRun screens information Users
provide to the Site and may in its discretion remove any content or
terminate your right to use the Site at any time for any reason. You
authorize LongRun to provide information You post to the Site to
Providers for the purpose of matching your request with the services
of Providers by accessing and completing the User
Authorization Statement. Such authorization shall continue in effect until
LongRun receives written direction from You to cease providing such
information to Providers.
3.
PRIVACY. LongRun will only use
Your Information in accordance with our Privacy Policy and will
notify Providers who use Your information and any other
organizations to whom You authorize release of your information to
use it in accordance with our Privacy Policy. For more information,
see our full Privacy Policy.
4.
RELEASE. You release LongRun (and
its officers, directors, agents, and employees) from claims,
demands, and damages (actual or consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with any dispute
You may have with any Provider.
5.
INDEMNITY. You agree to indemnify
and hold LongRun, its parents, subsidiaries, affiliates, officers,
employees and partners, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising from your use of the Site, your purchase or use of products
or services offered by the Providers, the violation of this
Agreement by You, or the infringement by You, or any third party
using your account, of any intellectual property or other right of
any person or entity.
6.
WARRANTY DISCLAIMER. You use the Site at your
own risk. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
NEITHER LONGRUN NOR ANY OF ITS EMPLOYEES, OFFICERS OR DIRECTORS,
MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE,
SERVICES PROVIDED BY THE SITE OR ANY CONTENT OR PRODUCTS, AND HEREBY
DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT USE OF THE INTERNET INVOLVES
INHERENT RISKS BEYOND THE CONTROL OF LONGRUN AND LONGRUN CANNOT
ASSURE THE INTEGRITY, PRIVACY OR RESTRICTED ACCESS TO INFORMATION
WHICH YOU POST TO THE SITE. Some states do not allow the disclaimer
of implied warranties, so the above limitations may not apply to
You.
7.
LIMITATION OF LIABILITY. IN NO EVENT SHALL
LONGRUN OR ITS EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE,
THE USE OR THE INABILITY TO USE THE SITE OR THIS AGREEMENT (HOWEVER
ARISING, INCLUDING NEGLIGENCE). LONGRUN'S LIABILITY, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES
YOU PAY US IN THE TWELVE MONTHS PRIOR TO THE DATE THE CAUSE OF
ACTION AROSE. Some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation and
exclusions may not apply to You.
8.
GENERAL. This agreement
constitutes the entire agreements between You and LongRun. The
rights and obligations of the parties under this Agreement shall be
governed in all respects by the laws of The Commonwealth of
Massachusetts without regard to its conflict of law provisions and
all disputes shall be subject to the exclusive jurisdiction of the
courts of The Commonwealth of Massachusetts or the federal courts
sitting in The Commonwealth of Massachusetts and You hereby consent
to such exclusive and personal jurisdiction and venue. If any
provision of this Agreement is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full
force and effect and enforceable. This Agreement is not assignable,
transferable or sublicensable by You without LongRun's prior written
consent. LongRun may assign this Agreement in whole or in part. No
agency, partnership, joint venture, or employment is created as a
result of this Agreement and You do not have any authority of any
kind to bind LongRun in any respect whatsoever. Headings are for
convenience only and have no legal or contractual effect. All
notices under this Agreement shall be in writing and shall be deemed
to have been duly given when receipt is electronically confirmed, if
transmitted by facsimile or email or upon receipt, if sent by
certified or registered mail, return receipt requested. ElderCarelink.com and the
content contained therein is copyrighted by LongRun and the marks
and designs of the Site are trademarks or service marks of LongRun
or its clients. All rights reserved.
9.
CONTACT INFORMATION. If You have any
questions or need further information as to the Site or services
provided by LongRun, or need to notify LongRun as to any matters
relating to the Site please contact ElderCarelink
at:
ElderCarelink
190 Front Street Suite
201
Ashland,
MA
01721
Or via
Email to: contactus@ElderCarelink.com
10.
REQUIRED DISCLOSURES.
You acknowledge and certify that LongRun has made the following
disclosures to You throughout this website: The manner in which
LongRun selects its group of Providers to which it could make a
referral; The fact that the Provider has paid or will pay a fee to
LongRun; The manner in which LongRun selects a particular Provider
for you from its Provider Group; The nature of the relationship
between the referral services and the group of providers to whom
LongRun can make the referral; and The nature of any restrictions
that could exclude such an individual or entity from continuing as a
Provider.
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