Terms of

use

Terms of Use

The following Terms of Use are entered into by and between You and HCR Home Care (“HCR,” “we,” or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of the website on which these Terms are posted, including any pages, subdomains, and related online services that link to these Terms (the “Site”).

Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound by and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms, including the agreements incorporated by reference herein, you must not access or use the Site.

By using the Site, you represent and warrant that you are of legal age to form a binding contract with HCR. If you do not meet all of these requirements, you must not access or use the Site.

These Terms contain a mandatory individual arbitration agreement and class action/jury trial waiver provision that require, with only limited and specified exceptions, the exclusive use of final and binding arbitration on an individual basis only to resolve disputes, rather than jury trials or class actions or proceedings.

ELIGIBILITY

The Site is intended for use only by individuals who are of legal age to form a binding contract with HCR. The Site is not directed to children, and minors should not submit Personal Information, health information, employment applications, or other information through the Site without appropriate authorization from a parent or legal guardian.

MODIFICATION OF TERMS

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the top of these Terms. By continuing to use the Site at any point after such update, you confirm your acceptance of the revised Terms and all terms incorporated by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Terms, you may not access or use the Site.

PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use, and share your Personal Information. For purposes of these Terms, “Personal Information” has the meaning set forth in the Privacy Policy. By submitting Personal Information through the Site, you expressly consent to the collection, use, and disclosure of Personal Information in accordance with the Privacy Policy.

SENSITIVE INFORMATION AND HEALTH INFORMATION

Do not submit protected health information, medical records, Social Security numbers, financial account information, or other sensitive information through general Site forms or email unless HCR has expressly directed you to use that channel and the channel is identified as secure. Information submitted through general website forms may not be appropriate for urgent, confidential, or clinical communications.

COMMUNICATIONS

By using our Site, you consent to receive electronic communications from us, including by email or by postings on the Site. These communications may include transactional or administrative notices relating to your use of the Site and are part of your existing relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.

TELEPHONE COMMUNICATIONS

If you provide a telephone number to HCR or opt in to receive calls, HCR may contact you at that number regarding your inquiries, employment applications, services, appointments, or other matters related to your relationship with HCR.

PROHIBITED USES

Subject to your compliance with these Terms, you may access and use our Site. You may not attempt, or cause another person to attempt, to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “cracking,” or any other illegitimate means. You may not breach, or cause another person to breach, the security or authentication measures on the Site, or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site. You will not falsify your identity or impersonate another person, or engage in conduct that limits the use and enjoyment of the Site, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

In addition, you agree that you will not, and will not assist any other person or entity to:

reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, in whole or in part, except as expressly permitted by us;
upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
link to, mirror, or frame any portion of the Site without our prior express written permission;
scrape, index, survey, or data mine any portion of the Site;
remove any notice of the proprietary rights of our licensors and us from any portion of the Site or printed version thereof;
use the Site, including by submitting contact forms, employment applications, Feedback, messages, inquiries, or other information to HCR, in any manner or for any purpose that: (i) infringes, violates, or promotes the infringement or violation of any applicable law, regulation, legal requirement, contractual obligation, or right of any person or entity, including intellectual property rights, rights of privacy, or rights of personality; (ii) is fraudulent, false, deceptive, or defamatory, including phishing; (iii) promotes hatred, violence, or harm against any individual or group; or (iv) otherwise may be harmful, obscene, or objectionable to HCR, its providers, its suppliers, its users, or others;
overload, flood, spam, or mail-bomb the Site or otherwise use the Site in a manner that interferes with or creates an undue burden on the Site, including by using the Site to send unsolicited communications, promotions, advertisements, or spam;
attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site; or
identify or refer to HCR or the Site in a manner that could reasonably imply an endorsement by us, or a relationship or affiliation between you or a third party and HCR, other than your permitted use of the Site under these Terms, without our express written consent.

We reserve the right to report any activity or content that we reasonably believe violates any law, rule, or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing your information as appropriate. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct.

LIMITED LICENSE

You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Site and related content for lawful informational purposes, including evaluating HCR’s services, contacting HCR, or applying for employment; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Site, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Site, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Site, except as expressly permitted by us, and (vi) use the Site other than for its intended purposes. This license is subject to your compliance with these Terms.

INTELLECTUAL PROPERTY RIGHTS

All content on this Site, including but not limited to text, blog posts, testimonials, graphics, logos, images, and the overall design and layout of the Site, is the property of HCR or its content providers and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from this Site without our prior written consent. HCR’s trademarks, trade names, and logos may not be used without prior written consent. Nothing on this Site grants you any license or right to use any of our intellectual property.

Feedback. You may choose, or we may invite you, to submit comments, feedback, or ideas about our Site (“Feedback”). You agree that we will own any such Feedback, and that we are free to use the Feedback without any additional compensation to you, and disclose the Feedback on a non-confidential basis or otherwise to anyone. You acknowledge that, by accepting your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

USER SUBMISSIONS

If you submit information through the Site, including through contact forms, employment application forms, inquiry forms, or other website features, you are responsible for ensuring that the information you submit is accurate, lawful, and appropriate for the channel you use. You grant HCR the right to review, use, and respond to your submission for the purpose for which it was provided and as otherwise described in our Privacy Policy. You should not submit confidential, proprietary, sensitive, or health-related information through general Site features unless HCR has expressly directed you to do so through a secure channel.

EMPLOYMENT APPLICATIONS

The Site may allow you to apply for employment with HCR or access employment-related opportunities. Submitting an application, resume, or other employment-related information does not guarantee an interview, offer of employment, continued consideration, or any employment relationship with HCR. You are responsible for providing accurate and complete application information. Employment-related features may be operated through Third-Party Services, and your use of those services may be subject to separate terms and privacy practices.

SUSPENSION OR TERMINATION

We may permanently or temporarily terminate or suspend your access to our Site without notice or liability, without cause or for any reason, including if, in our sole discretion, you violate any provision of these Terms. Termination will be in addition to any other remedies we may have at law or in equity.

CHANGES TO THE SITE AND AVAILABILITY

We may modify, suspend, discontinue, or restrict access to any part of the Site, including any content, feature, form, or functionality, at any time and without notice or liability, subject to applicable law. We do not guarantee that the Site or any Site content will be available, uninterrupted, secure, or error-free.

THIRD-PARTY SITES AND LINKS

Our Site may contain links to third-party materials that are not owned or controlled by us. We may also refer you to third parties who provide independent services relating to or supporting your use of our Site, and certain functionality of our Site may require your use of, or may be compatible with, third-party websites, services, information, materials, products, applications, or extensions, including employment application platforms, maps, analytics tools, or communication tools (each, a “Third-Party Service”). If you use a Third-Party Service, you are subject to and agree to the third party’s terms of service (or other applicable terms and conditions) and privacy policy made available by or via the Third-Party Service. We do not endorse or assume any responsibility for any such Third-Party Service. If you access a Third-Party Service through the Site, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such Third-Party Services. You expressly relieve us from any and all liability arising from your use of any Third-Party Service.

INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HCR from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Site, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site; (b) any Feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; or (e) any breach or non-performance of any covenant or agreement made by you. You agree to promptly notify HCR of any third-party Claims and cooperate with HCR in defending such Claims. You further agree that HCR shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND HCR.

DISCLAIMERS

THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND HCR SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKE NO WARRANTY THAT THE SITE OR SITE CONTENT WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR SERVICE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

ALL SERVICE DESCRIPTIONS, IMAGES, TESTIMONIALS, AND OTHER SITE CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY, MAY CONTAIN ERRORS, AND DO NOT GUARANTEE ANY PARTICULAR SERVICE, OUTCOME, RESULT, EMPLOYMENT DECISION, OR ELIGIBILITY FOR HOME CARE SERVICES. ACTUAL SERVICES MAY VARY BASED ON LOCATION, STAFFING, ELIGIBILITY, CLINICAL ASSESSMENT, PAYER REQUIREMENTS, AND APPLICABLE LAW.

Medical Information; No Emergencies. SITE CONTENT IS INFORMATIONAL ONLY AND DOES NOT CONSTITUTE MEDICAL, CLINICAL, DIAGNOSTIC, OR TREATMENT ADVICE. THE SITE IS NOT INTENDED FOR MEDICAL EMERGENCIES OR URGENT HEALTH CARE NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR CONTACT AN APPROPRIATE HEALTH CARE PROVIDER IMMEDIATELY. USE OF THE SITE DOES NOT CREATE A PATIENT, CAREGIVER, PROVIDER, EMPLOYMENT, OR OTHER PROFESSIONAL RELATIONSHIP WITH HCR.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, HCR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE SITE, OR YOUR ACCESS TO OR USE OF THE SITE. THIS EXCLUSION INCLUDES DAMAGES FOR LOSS OF REVENUE, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR HCR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCESS AND USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING FROM SUCH ACCESS OR USE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, HCR’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE WILL NOT EXCEED $100.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

DISPUTE RESOLUTION

Arbitration Agreement

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HCR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

These Terms, including all matters of construction, validity, and performance, and all disputes arising out of or connected with these Terms or the Site (each a “Dispute,” and collectively, the “Disputes”), will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflict of laws, except that this Arbitration Agreement will be governed by the Federal Arbitration Act.

Before commencing arbitration, either party may submit a Dispute to non-binding mediation under the Commercial Mediation Procedures of the American Arbitration Association (the “AAA”). If the Dispute is not resolved within two (2) months after appointment of a mediator, either party may submit the Dispute to final and binding individual arbitration under the Commercial Arbitration Rules of the AAA.

The place of mediation or arbitration will be the AAA office nearest to HCR’s principal place of business in Monroe County, New York, unless the parties agree otherwise or the applicable AAA rules require otherwise. The language of the mediation or arbitration will be English. Either party may bring an individual claim in a small claims court in New York if the Dispute is less than $10,000 USD and qualifies for treatment on a non-jury basis in that court.

All Disputes will be mediated, arbitrated, or litigated only on an individual basis. You irrevocably waive any right you may otherwise have to proceed on a class or collective basis. You also irrevocably waive the right to trial by jury and any argument or claim of improper venue or forum non conveniens. Nothing in this section prevents either party from commencing an action or proceeding to compel arbitration, obtain injunctive relief pending appointment of an arbitrator, or obtain execution of any arbitration award. Venue for any such court proceedings will be in the state courts located in Monroe County, New York, or the federal courts with jurisdiction over Monroe County, New York.

The parties will bear their own expenses, except that the parties will equally share the expenses of any mediator or arbitrator, other than required non-refundable filing fees, which will be paid solely by the party asserting the Dispute. The prevailing party in any arbitration may seek from the arbitrator an award of that party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any award rendered by any arbitrator may be entered in any court having jurisdiction thereof.

Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used our Site for personal, commercial, or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You and we agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on that individual claimant’s claim(s). Any relief awarded may not affect other users. You and we agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

GENERAL

International Issues. We operate the Site from the United States of America. If you choose to access the Site from outside the United States of America, you are responsible for complying with applicable local laws.

Entire Agreement. These Terms, any additional or supplemental terms that we post or make available and that expressly apply to particular Site features, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us. They govern your access to and use of the Site and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Site, whether oral or written.

Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed on our behalf by a duly authorized representative.

Governing Law. Except as provided in the Arbitration Agreement with respect to the Federal Arbitration Act, all matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of New York and the federal laws of the United States of America applicable therein, without giving effect to any choice or conflict of law provision or rule.

Venue. Subject to the Dispute Resolution section, any legal action or proceeding arising under these Terms will be brought exclusively in the state courts located in Monroe County, New York, or the federal courts with jurisdiction over Monroe County, New York, and we and you irrevocably consent to personal jurisdiction and venue in those courts.

Notices. We may provide you with any notices, including, without limitation, those regarding changes to these Terms, by email or postings on the Site. By providing us with your email address, you consent to our use of the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

ACCESSIBILITY

HCR is committed to making Site content accessible to users. If you experience difficulty accessing any part of the Site, need assistance using the Site, or need an accommodation in connection with an employment application submitted through the Site, please contact HCR using the contact information below.

CONTACT

HCR Home Care

85 Metro Park | Rochester, NY 14623

Toll Free (800) 270-4904

Info@hcrhealth.com