Home Instead, Inc. ("Home Instead" or "we" or "us" or "our") is the franchisor of the Network (as defined below) of independently owned and operated Home Instead® Franchises. These terms of use (“Terms”) govern your use and access of (i) this website; (the “Site”); and (ii) any Franchise Site (as defined below). These Terms shall control over any other agreement you may have with Home Instead. or a Franchise, with regard to access or use of the Site or Franchise Site.

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.

We also have a Privacy Policy, which you should read and may access by clicking on the following link. Privacy Policy.

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.

As Franchise Sites utilize the same website Privacy Policy, Franchise Sites may collect or utilize any data via the website that is permitted by the Privacy Policy. Each Franchise is solely responsible for: i.) the privacy and security of any data the Franchise collects via their Franchise Site or other means; and ii.) responding to individuals’ inquiries = with regard to such data. Please contact the Franchise directly with regard to its privacy policies.

Third Party Vendor Access

Home Instead or Franchises, (with regard to a Franchise’s own Franchisee Site), may permit third-party vendor access to the Site or Franchise Site, for the purposes of collecting or analyzing data, such as website traffic or user data, in accordance with the Privacy Policy. Any third-party granted access to Site or Franchisee Site must only access, use, or disclose such data to the extent necessary to perform and administer services for Home Instead or a Franchise and must comply with the Privacy Policy terms as a condition of access. Any third-party granted access to any portion of the Site or a Franchise Site is prohibited from selling such data or using such data for its own marketing, regardless of any statements or agreements to the contrary. This provision shall survive termination of use or access with regard to all data accessed, used or disclosed as a result of a third-party’s access to the Site or Franchise Site .

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.

Linking Policy

Home Instead has entered into agreements with certain third party website owners which allow us to place on such third party’s site ("Third Party Site"), and allows the third party to place on our Site, a hyperlink (a "Link") or a banner advertisement ("Banner Ad") containing a Link which allows our respective users to connect to the home page of Third Party Site, this Site. Please note that Home Instead is not affiliated in any way with these third parties or the Third Party Sites, and that if you click on a Link or Banner Ad containing a Link to a Third Party Site, once you have left this Site. Home Instead has no further control over the content and materials that you will be viewing on the Third Party Site. We are not responsible for the content, accuracy, or opinions expressed on any Third Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third Party Site that is placed on our Site does not imply approval or endorsement of the Third Party Site. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the Home Instead Privacy Policy stated on this Site is no longer in effect. Home Instead may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit these Terms of Use to review the current Linking Policy to which you are bound.

Registration

To use certain features of the Site or Franchise Site, you may be required to register with Home Instead or any Franchise on the form provided on the Site or Franchise Site. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form;(b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete; and (c) that you are older than 13 years old. You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Home Instead in its sole discretion, deems offensive or inappropriate. Home Instead has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords. Home Instead will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by the Terms of our Privacy Policy.

Termination

Home Instead may cancel, suspend or terminate your right to use the Site or a Franchise Site or a portion thereof at any time without notice. In the event of suspension, or termination, you are no longer authorized to access the part of the Site or Franchise Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site or Franchise Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive your discontinued use of the Site or Franchise Site. The requirement for third-party vendors to comply with the restrictions in these Terms and Privacy Policy on this Site or Franchise Site with regard to data access through the Site or Franchise site shall also survive any discontinued use of the Site or Franchise Site.

Entire Agreement

These Terms along with the Privacy Policy constitute the entire agreement between Home Instead and you with respect to your use of the Site or Franchise Site, and all information (including Confidential Information) obtained by you from the Site or Franchise Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.

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.

NEITHER YOU NOR HOME INSTEAD MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR HOME INSTEAD’S INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND HOME INSTEAD EACH WAIVE ANY RIGHT TO A JURY TRIAL. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HOME INSTEAD WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms of Use will survive the termination of your use of the Site or Franchisee Site.

General Provisions

These Terms will be governed by and construed in accordance with the laws of the State of Nebraska, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use or the Site, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in Douglas County, Nebraska. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. Any provision of these Terms of Use that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms of Use shall continue in full force and effect. Neither these Terms of Use, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. No failure of Home Instead to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

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.