Your use of the Home Care IT Service available at https://homecareit.com (referred to as the “Service” in this document and excluding any services provided to you by us under a separate written agreement) is subject to the terms of this legal agreement between you and IT Resources LLC (dba IT Resources), as amended from time to time.
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INTRODUCTION. This “Terms of Service for Individual Users” (referred to below as this “Individual Terms”) has been written to describe the conditions under we make the Service available to you through our websites (the “Site”) and mobile applications. Your use of the Service under these Individual Terms is as an “End User”, meaning a user who utilizes the Service under an agreement (the “Organization Agreement”) in place between IT Resources LLC (dba IT Resources) and an organization you are associated with (the “Organization”), and accordingly, your right to use the Service is also is subject to the continuing effectiveness of the Organization Agreement. In these Individual Terms, “we” and “us” means IT Resources LLC (dba IT Resources), a Massachusetts limited liability company, and “you” means the person using the Service. This Individual Terms discusses important limitations about the way you may use and rely upon materials you find on the Service. Read these Individual Terms carefully. By using the Service, you will be deemed to have accepted these Individual Terms. If you do not accept these Individual Terms or if your right to use the Service has been terminated (see below), you may not use the Service.
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LIMITS ON USE. You are only authorized under these Individual Terms to use the Service as an End User under these Individual Terms. By requesting to use, and/or using the Service as an End User, you represent and warrant that you have the right, authority, and capacity to enter into these Individual Terms and you commit to abide by all of the Individual Terms and conditions hereof.
Due to restriction on the storage and use of personal information and effectiveness of legal agreements, no person under the age of 18 may use the Service.
You hereby authorize us to verify your representations and warranties herein, and you acknowledge that we reserve the right, but not the obligation, to verify such representations and warranties, and to take action we deem appropriate in our sole discretion, including but not limited to terminating your right to use the Service, should we determine, in our sole opinion, that you have violated any representation or warranty or any other provision of these Individual Terms.
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IP RIGHTS. We (or the third parties providing materials through the Service) retain all copyright and other proprietary rights in the Service or the materials available through the Service. You may not modify the materials in the Service in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose other than your use in connection with the Organization. The materials in the Service are copyrighted and any unauthorized use of any materials at the Service may violate copyright, trademark, and other laws.
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YOUR SUBMISSIONS. We make no claim of ownership of materials you submit to us using the Service (your “Submissions”), but in providing Submissions to us with the Service you grant us the non-exclusive worldwide perpetual irrevocable right to use, distribute, reproduce, modify, adapt, and display such Submissions to you and your organization, and to use such data, and disclose such data in aggregate form for benchmarking, improvements to Services and services, or marketing to the Organization or others. You represent to us that you have the right to do so and agree to indemnify and defend us against any claim to the contrary.
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COMPLIANCE WITH STANDARDS OF CONDUCT. You agree not to use the Service in violation of our standards of conduct posted at https://homecareit.com/conduct as amended from time to time, in particular you may not: use the Service in a manner that would cause you or us to violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Service, and any export or re-export laws, rules and regulations; interfere with or disrupt the Service or take any steps to interfere with or in any manner compromise any security measures with respect to the Service or any data or file transmitted, processed or stored on or through the Service.
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PRIVACY POLICY. We may collect personally identifiable information from you, and share certain of that information with the Organization. Please refer to our privacy policy at https://homecareit.com/privacy.html for information on how we treat the information we gather about you.
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DISCLAIMERS AND LIMITATION OF LIABILITY. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
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RELEASE. ANY ARRANGEMENT BETWEEN YOU AND THE ORGANIZATION RELATING TO YOUR USE OF THE SERVICE IS SOLELY BETWEEN YOU AND THE ORGANIZATION; WE ARE NOT A PARTY TO ANY SUCH AGREEMENT. ANY ISSUES CONCERNING THAT RELATIONSHIP MUST BE RESOLVED DIRECTLY BY YOU AND THE ORGANIZATION. WE WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES DIRECT OR INDIRECT OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH ISSUES. By using this Service, you do hereby represent, understand, and expressly agree to hold us harmless for any claim or controversy that may arise from any disputes between you, any other user(s) of the Service or the Organization.
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INDEMNIFICATION. You agree to indemnify, hold harmless and defend us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, at your expense, against any and all third party claims or demands, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines costs and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by us, due to or arising out of your Submissions, your use or misuse of the Service, your connection to the Organization, your violation of these Individual Terms, or your violation of any rights of another.
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CHANGES TO THE SERVICE; TERMINATION. Certain provisions of these Individual Terms may be superseded by expressly designated legal notices or terms located on particular parts of the Service. We may, at any time, modify the Service, or stop (permanently or temporarily) providing the Service (or any features within the Service) to you at our sole discretion and for any reason, and without notice, without liability to you or any person, including without limitation if we believe you have breached or may breach any provision of these Individual Terms; or if the provision of the Service to you is, in our opinion, no longer commercially viable. Upon any such termination, the provisions of these Individual Terms shall continue in effect except you are no longer authorized to use the Service; termination shall not relieve you for liability for breach occurring prior to termination.
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AMENDMENT AND UPDATING OF THESE INDIVIDUAL TERMS; ELECTRONIC SIGNATURES. We may desire to make changes to these Individual Terms from time to time to update it, for example to add references to different products and services, or provide for payment for the use of the Service. We may specify amended or updated terms that apply to the use of Service after the effective date of such amendment or update, and we will make a new copy of these Individual Terms available to you and may require you to accept it as a condition to the continued provision of the Service to you. In addition, the continued use of the Service after receipt of such amended terms shall constitute your agreement to such amended terms. In addition, any modification, amendment, or waiver of any provision of these Individual Terms shall be effective if in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
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LOCAL LAWS AND EXPORT CONTROL. The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. The user of the Site acknowledges and agrees that the Site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This Site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
We and our licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of Content contrary to United States law is prohibited.
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GENERAL. We administer the Service from our offices in the Commonwealth of Massachusetts, USA. We make no representation that the Service is appropriate or available for use outside the United States, and access to the Service from territories where its use is illegal is prohibited. You may not use or export or re-export the Service or materials found thereon or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. This Individual Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts, USA, to resolve any legal matter arising from these Individual Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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CONTACTING US. If you have any questions about these Individual Terms or the Service you may contact: support@homecareit.com.