Last Updated February 4th, 2021
For your convenience, we, as the franchisor for the Network, also hosts the websites of individually owned and operated Home Instead franchise businesses (each a "Franchise" and collectively the “Network”). Each Franchise website is designated a number following “homestead.com” (e.g. homeinstead.com/100/) and hosted on the Home Instead server located at our headquarters in Omaha, Nebraska. (each individually and collectively a “Franchise Site”). By hosting the websites of our Network, Home Instead is acting as an Internet Service Provider (ISP) and is hosting the Franchise Sites as a service to you.
Please read the following Terms carefully. By using the Site or Franchise Site, you agree to these Terms. If you do not agree, do not use the Site or Franchise Site.
Because the Internet is an evolving medium, we may need to change these Terms or impose new conditions on the use of this Site or our Franchise Sites, from time to time, in which case we will post the revised Terms on this Site. Please check these Terms periodically to inform yourself of any changes. By continuing to use this Site and any of the Franchise Sites, you accept these Terms, including any modifications made as of the date of your use.
Copyright and Trademarks
This Site and the Franchise Sites contain material which is the property of Home Instead, and which is protected by United States and international copyright, trademark and other intellectual property laws. Home Instead is a registered trademark of Home Instead. All content posted on this Site or on a Franchise Site is the sole and exclusive property of Home Instead, or an employee of Home Instead. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site or any Franchise Site, including code and software underlying this Site or any Franchise Site. You may download content from this Site or any Franchise Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent from Home Instead. Any unauthorized use of content terminates the foregoing license rights.
Franchise Site Content
You understand that by using a Franchise Site Home Instead is acting as the ISP for that Franchise and that Home Instead has limited control over the content or web tracking code posted on any Franchise Site. Home Instead may provide its Franchises with materials branded and owned by Home Instead for the Franchise to customize its own website with business-specific information. Any content or web tracking code placed on a Franchise Site that is specific to the Franchise, has either been provided, authorized, or requested by a Franchise, Franchise’s vendor, or by one or more Franchise employees. Under no circumstances is Home Instead acting as a controller of any data collected through such content or web tracking code placed on a Franchise Site. Except for any content or web tracking code that is located on all US or Canada Franchise Sites as specifically mandated by Home Instead, or intellectual property provided by Home Instead to its Franchisee’s for use, such as brand logos, trademarked terms, etc., Home Instead disclaims all ownership rights in and to any content, including text, images, photographs, or links posted on the Franchise Sites. Home Instead is under no obligation to, actively filter any content, including text, images, photographs, or links, placed on any Franchise Site. If you decide to leave the Site and access a Franchise Site, even if access is provided through a hyperlink from our Site, you do so at your own risk.
Third Party Vendor Access
Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Home Instead DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Home Instead DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY FRANCHISE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR FRANCHISE SITE, OR THE SERVERS THAT MAKE THE SITE AND FRANCHISE SITES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Home Instead shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this Site or any Franchise Site.
Limitation of Liability
Under no circumstances shall Home Instead, its subsidiaries, Affiliates, agents, employees, directors, shareholders, officers or its Franchises be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site or any Franchise Site, or the content, services, or hyperlinks made available on the Site or any Franchise Site even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Home Instead is not liable for any defamatory, offensive, pornographic, or illegal content posted to any Franchise Site or for the conduct of any Site or Franchise Site user. If you are dissatisfied with the Site or any Franchise Site, or the content or services provided thereon or with these Terms, your sole and exclusive remedy is to discontinue using the Site and/or Franchise Site. You agree to indemnify, defend and hold harmless Home Instead, its Franchises, and all of our and their respective officers, directors, employees, agents, and shareholders from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney’s fees arising from or related to any breach by you of these Terms or applicable law, your negligent or willful act or omission while using this Site or a Franchise Site, or your infringement of the intellectual property rights of Home Instead or any third party content provider of the Site or Franchise Site.
License to Submitted Content
By posting messages, uploading files, or otherwise providing any material to us for display on the Site(s), you are granting Home Instead a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Arbitration and Waiver of Certain Rights
In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon written notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its commercial dispute resolution rules, unless you are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.
Limitations on Use
You may not, without express prior written permission, do any of the following while accessing or using the Site or Franchise Site: (a) tamper with, or use non-public areas of the Site, Franchise Site, or the computer or delivery systems of Home Instead and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Site or Franchise Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Home Instead (and only pursuant to those terms and conditions) or unless permitted by Home Instead; (d) scrape the Site or Franchise Site; (e) use the Site or Franchise Site to send altered, deceptive, or false source-identifying information;(f) post obscene or inappropriate material; or (g) interfere with, or disrupt, (or attempt to do so), the Site, Franchise Site or network, including, without limitation, by sending a virus to, spamming, or overloading the Site or Franchise Site, or by scripted use of the Site or Franchise Site in such a manner as to interfere with or create an undue burden on the Site or Franchise Site.