PLEASE READ CAREFULLY

Thank you for visiting www.patriothomecare.org (the “Site”). The Site is owned and operated by Patriot Home Care, LLC (“PHC”). PHC maintains the Site for your information, education and communication. Your access to and use of the Site is subject to these Terms of Use and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use. You also agree to be bound by the terms of the Privacy Policy located at https://patriothomecare.org/privacy-policy/.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER (EXCEPT IN THE CASE OF LEGAL RESIDENTS OF CERTAIN STATES WHERE THE LEGAL AGE OF MAJORITY IS GREATER THAN EIGHTEEN (18) YEARS OF AGE, WHO THEN MUST MEET THE STATE’S LEGAL AGE OF MAJORITY).

PHC CURRENTLY is licensed to provide its services only in Pennsylvania AND DELAWARE.

1. Changes to Terms of Use:

We may change these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use on the Site. Any such changes will not apply to any dispute prior to the date on which we posted the revised Terms of Use incorporating such changes, or otherwise notified you of such changes. Your use of the Site following any changes to these Terms of Use will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms of Use were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site. Your use of the Site reaffirms your continuing agreement to the then-current Terms of Use.

2. Copyrights and Use of Site Materials:

This Site belongs to and constitutes valuable intellectual property of PHC which is protected by applicable law. PHC or other third parties who have licensed PHC’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading, solely as a convenience for your use of the Site, provided you also retain all copyright and other proprietary rights notices contained on those materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including any text, images, audio and video available on the Site without PHC’s written permission. Your use of the trademarks, service marks and trade names on this Site in any manner other than as authorized in these terms and conditions, or as authorized in writing by PHC, is strictly prohibited.

3. Submissions to the Site:

Any non-personal information, communications or material you submit to PHC at this Site, by e-mail, completing on-line forms, upload or otherwise (“Submissions”), are non-confidential, and PHC is free to use and reproduce such Submission freely and for any purpose. Specifically, PHC is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing PHC services. This means that you disclaim any proprietary rights in such Submissions, and you acknowledge PHC’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means PHC has no obligation to keep your Submissions confidential.

You further acknowledge and warrant that your Submissions contain only your own material and content or material and content that you have the undeniable rights to use, and that PHC’s use will not violate any third party’s rights.

4. Website Links:

For your convenience, our Site may provide links to other websites that are not operated by PHC. The linked website may not be under PHC’s control, and we assume no responsibility to review all the websites linked to this Site. PHC is not responsible for the content of any linked website, nor (unless we expressly indicate otherwise on this Site) do we endorse, approve or sponsor any information available at the linked website or any products that may be sold there. PHC is not liable for any damage that might result from your use of such information or products.

In general, PHC does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of PHC’s trademarks, logos or slogans in or with your links. Do not present the link to this Site in any way that suggests PHC has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with PHC to do so. Do not, without our written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any of PHC’s names, trademarks, slogans, or any other words or codes identifying the Site in any “metatag.” PHC will not tolerate links from any website that may adversely affect the name, reputation and goodwill of PHC and our products. PHC reserves the right to cancel permission to link at any time, for any reason.

5. Privacy:

For information on how PHC uses and protects the personal information you may provide on or through this Site, see our Privacy Policy at https://patriothomecare.org/privacy-policy/.

6. Liability Limitations and Disclaimers:

Your use of and browsing on this Site are at your own risk. The materials available or accessible through the Site, including any graphics, software, recommendations or other materials (“Website Materials”) and are provided “AS IS” and, to the fullest extent permissible under applicable law, PHC disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the use or operation of our Site or the Website Materials. PHC does not warrant or make any representations regarding the use or the results of the use of the Website Materials in terms of their correctness, accuracy, reliability, or otherwise. The Website Materials could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. PHC undertakes no obligation to verify or maintain the currency of such information. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.

PHC assumes no liability and will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site or any Site that is linked to the PHC site. You (and not PHC) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting or using this Site.

7. Indemnification:

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless PHC, its affiliates, officers, directors, shareholders, employees, contractors, suppliers, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from or relating to: (a) your use or misuse of and access to the Site or any content thereon; or (b) your violation of any of these Terms of Use and/or PHC’s Privacy Policy.

This defense and indemnification obligation will survive these Terms of Use and your use of the Site. PHC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

If you are a California resident, you waive California Civil Code Section 1542, which says:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.  In addition, you hereby release any claims you may have against PHC and any PHC employee, shareholder, officer, director; or PHC affiliate that are in anyway related to your use of the Site.  You are solely responsible for your use of the Site.

8. Governing Law; Arbitration:

These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed and enforced in accordance with the internal substantive laws of the Commonwealth of Kentucky, without regard to its conflicts of laws principles, without giving effect to the United Nations Convention of Controls for International Sale of Goods. By your agreement to these Terms and your use of the Services, you agree to submit to personal jurisdiction in Louisville, Kentucky for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter.  Unless otherwise agreed in writing by you and PHC, any dispute arising out of or relating to these Terms, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.  The arbitration will be conducted in the English language before a single arbitrator in Louisville, Kentucky.  Such arbitration must be commenced within one (1) year after the claim or cause of action arises.  Notwithstanding the foregoing, either PHC or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.  You acknowledge and agree that you may bring claims against PHC only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

9. Miscellaneous:

These Terms of Use, together with PHC’s Privacy Policy and any other legal notices published by PHC on the Site, shall constitute the entire agreement between you and PHC concerning the Site and supersedes all prior or contemporaneous communications, agreements and understandings between PHC and you with respect to the subject matter hereof. To the extent these Terms of Use conflict with the terms of PHC’s Privacy Policy, these Terms of Use will control. These Terms of Use shall not be assignable by you, either in whole or in part. PHC reserves the right to assign its rights and obligations under these Terms without restriction. The failure of PHC to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of such right or provision may only become effective upon written agreement signed by a duly authorized representative of PHC. The section titles in these Terms of Use and the Privacy Policy are for convenience only and have no legal or contractual effect. If for any reason any provision of these Terms of Use, or a portion thereof, shall be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms of Use and will not affect the validity and enforceability of any remaining provisions.