Terms of Use

WE DON’T PRACTICE MEDICINE & WE DON’T PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE FOR MEDICAL NEEDS.

SeniorCareWhiz.com ( SenorCareWhiz), is an exclusive website helping you assist your aging parent or loved one providing information, guidance, resources in the areas of senior housing, finances, family matters, senior care agencies, senior care providers encompassing most of the areas related to Elder/Senior’s care operated by WISHESH DIGITAL MEDIA Pvt. LTd. ("WISHESH DIGTIAL MEDIA ") welcomes you.. SeniorCareWhiz provides users with access to a rich collection of resources, including without limitation hundreds of care housing / care agencies / care providers listings, helpful articles, time-saving tips and checklists, easy-to-use tools, and personal support from a large community of caregivers, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device.

While we hope to provide you with useful information and assistance, we do not provide medical advice, diagnosis, or treatment; legal, financial, or professional advice; or specific advice regarding which service providers you should use. Any decisions that you need to make about the care of a loved one should be made after engaging and consulting with a professional licensed service provider based upon your specific needs or conducting your own careful review and investigation.

ACCEPTANCE OF TERMS

These Terms of Use ("Terms") are a legal agreement between you and SeniorCareWhiz.COM (“SeniorCareWhiz ") and govern your use of our Website either as a visitor, content contributor or as a registered user. Use of, posting of information to and access to our website is subject to your compliance with these Terms, so please read them carefully before using our Website. BY ACCESSING AND USING OUR WEBSITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON OUR WEBSITE IN ANY MANNER.

BY USING THE SITE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Arizona, USA or in the State of Hyderabad, India any dispute that you may have with us, or the Site. Please note that we offer the SeniorCareWhiz.COM site and mobile applications "AS IS" and without warranties. If you are registering an account or using the site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual's or entity's behalf.

You also understand and agree that the SeniorCareWhiz Services may include advertisements and that these advertisements are necessary for SeniorCareWhiz to provide the Services. You also understand and agree that these may include certain communications from SeniorCareWhiz , such as service announcements, administrative messages and the SeniorCareWhiz Newsletter, and that these communications are considered part of SeniorCareWhiz membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new SeniorCareWhiz properties, shall be subject to the TOS. You understand and agree that the SeniorCareWhiz Services is provided "AS-IS" and that SeniorCareWhiz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SeniorCareWhiz may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

SeniorCareWhiz .com reserves the right to limit or terminate your access to our Website or terminate or suspend your registration for failure to comply with the terms and policies posted on our Website, or for any reason at any time. Please also review our Privacy Policy, which explains how our Services treat your personal data and protect your privacy when you use our Services

WE DO NOT PROVIDE MEDICAL ADVICE

The Information that you obtain or receive from SeniorCareWhiz , and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. All medically related information comes from independent health care professionals and organizations. If you submit a medically related question to SeniorCareWhiz , answers are (i) provided by independent health care professionals and organizations, (ii) for informational purposes only, and (iii) do not establish any patient/doctor relationship.

THE INFORMATION PROVIDED ON THE SITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH SeniorCareWhiz IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

We do not recommend or endorse any specific tests, doctors, dentists, health care providers, procedures, opinions, senior care providers, care agencies or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.

NO DOCTOR-PATIENT RELATIONSHIP

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM SeniorCareWhiz INCLUDING, BUT NOT LIMITED TO, THE “FIND A PROVIDER” AND/OR THE “SeniorCareWhiz Q&A” FEATURES, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MEDICAL PROFESSIONAL OR SPECIALIST IN ANY FIELD.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting there from, or for any other injury resulting from the use of the Site or Services whatsoever.

PRACTITIONER INFORMATION: Provider and practice information found on the Site is intended for general reference purposes only. Provider information found on the Site is both self-reported, by the Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor SeniorCareWhiz provides any advice or qualification certification about any particular Provider. Our relationship with Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.

PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such procedures, products, services or devices. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.

You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular doctor, dentist or other health care provider (“Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.

You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.

COPYRIGHT & TRADEMARKS

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of SeniorCareWhiz .com, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of SENIORCAREWHIZ ; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

SeniorCareWhiz is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact our Grievance Officer, at info@SeniorCareWhiz .com or write at the following address:

We request you to please provide the following information in your complaint:-

(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

(b) Identification of the copyrighted work claimed to have been infringed.

(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

(d) The address, telephone number or e-mail address of the complaining party.

(e)A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

Copyright NOTICE

Copyright ©2014 SeniorCareWhiz.COM All rights reserved.

This disclaimer/terms of service notification is subject to change without notice.

USER CONDUCT

In connection with using the Site and the Services to locate and schedule appointments with medical professionals, you understand that:

YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER.

SeniorCareWhiz selects Providers to be listed on the Site pursuant to a contractual agreement with the Providers. SeniorCareWhiz will provide you with lists and/or profile previews of Providers who may be suitable to deliver the health care that you are seeking based on search criteria / information that you provide to SeniorCareWhiz (such as insurance information, proximity to your geographical location, and specialty of the Provider).

SeniorCareWhiz :

(i) does not recommend or endorse any Providers,
(ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide, and
(iii) does not receive any additional fees from Providers for featuring them through the Services.

SeniorCareWhiz uses reasonable efforts to ensure that Providers only participate in the Services if they hold active medical licenses and all certifications necessary to practice any specialty of the services offered by them to patients, and who remain qualified to participate in the Medicare and Medicaid programs. SeniorCareWhiz may also exclude Providers who, in SeniorCareWhiz ’s discretion, have engaged in inappropriate or unprofessional conduct.

If you elect to enter information into a medical history form ("Medical History Form") on behalf of yourself or a third party from whom you have authorization to provide such information, on your request you authorize us to provide such information to the specified Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized on your behalf at the time of your appointment to ensure its accuracy. You also acknowledge that SeniorCareWhiz may use the data or information you provide on a Medical History Form in accordance with its Privacy Policy.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SeniorCareWhiz, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the SENIORCAREWHIZ Services. SeniorCareWhiz does not control the Content posted via the SENIORCAREWHIZ Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the SENIORCAREWHIZ Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SeniorCareWhiz be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the SENIORCAREWHIZ Services.

You agree to not use the SeniorCareWhiz Sites and Services to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, including, but not limited to, a SeniorCareWhiz official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;\

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SeniorCareWhiz Service;

5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);

8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the SeniorCareWhiz Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

10. interfere with or disrupt the SeniorCareWhiz Services or servers or networks connected to the SeniorCareWhiz Services, or disobey any requirements, procedures, policies or regulations of networks connected to the SeniorCareWhiz Services, including using any device, software or routine to bypass our robot exclusion headers;

11. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

13. "stalk" or otherwise harass another; and/or

14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

15. SPAM: You may not use contact information provided by our users or collaborating Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM.

16. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.

You acknowledge that SeniorCareWhiz may or may not pre-screen Content, but that SeniorCareWhiz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via our portals and Services. Without limiting the foregoing, SeniorCareWhiz and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SeniorCareWhiz or submitted to SeniorCareWhiz, including without limitation information in SeniorCareWhiz Message Boards and in all other parts of the SeniorCareWhiz Portals, mobile sites, mobile applications and Services.

You acknowledge, consent and agree that SeniorCareWhiz may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SeniorCareWhiz, its users and the public.

You understand that the SeniorCareWhiz Services and software embodied within the SeniorCareWhiz Portals and Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set SeniorCareWhiz and/or content providers who provide content. You may not attempt to override or circumvent any of the usage rules embedded and any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the SeniorCareWhiz Portals and Services, in whole or in part, is strictly prohibited.

CHARGES

SeniorCareWhiz reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SeniorCareWhiz Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SeniorCareWhiz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SeniorCareWhiz Services.

LINKS

The SENIORCAREWHIZ Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that SENIORCAREWHIZ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SENIORCAREWHIZ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

LIMITED PERMISSION TO COPY

SENIORCAREWHIZ grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on SeniorCareWhiz’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of SeniorCareWhiz /Wishesh DIGITAL MEDA. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

SeniorCareWhiz forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for SeniorCareWhiz.com or WisheshDigitalMedia or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish SeniorCareWhiz’s material for distribution should be addressed to SeniorCareWhiz Digital Syndication Services at E-Mail - info@SeniorCareWhiz.com

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SeniorCareWhiz OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “SeniorCareWhiz ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE SeniorCareWhiz ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (USD/$100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE CIVIL CODE OR SIMILAR PROVISIONS OF THE LAWS OF UNITED STATES.

IN THE CASE OF A JURISDICTION THAT RESTRICTS LIMITATION CLAUSES, THIS LIMITATION SHALL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY TERMINATED.

Any transactions relating to sale/purchase of goods or services not directly offered by SeniorCareWhiz are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by SENIORCAREWHIZ. SENIORCAREWHIZ merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. SENIORCAREWHIZ does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not SeniorCareWhiz. SeniorCareWhiz will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.

Under No circumstances will SeniorCareWhiz be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that SeniorCareWhiz is not responsible for any content sent using and/or included in SeniorCareWhiz’s site/service by any third party.

INDEMNITY

You agree to indemnify and hold SeniorCareWhiz and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the SeniorCareWhiz Services, your use of the SENIORCAREWHIZ Services, your connection to the SeniorCareWhiz Services, your violation of the TOS, or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF SENIORCAREWHIZ SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. SENIORCAREWHIZ SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SENIORCAREWHIZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.

SENIORCAREWHIZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SENIORCAREWHIZ SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SENIORCAREWHIZ SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SENIORCAREWHIZ SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SENIORCAREWHIZ SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SENIORCAREWHIZ SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SENIORCAREWHIZ OR THROUGH OR FROM THE SENIORCAREWHIZ SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

SENIORCAREWHIZ and its EMPLOYEES, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of theSeniorCareWhiz’s sites/services, with the delay or inability to use theSeniorCareWhizDIGITAL MEIDA’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the WISHEHS sites/services, or otherwise arising out of the use of theSeniorCareWhizDIGITAL MEIDA sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by SENIORCAREWHIZ as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected

WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.

SPECIAL ADMONITION FOR SENIORCAREWHIZ PORTALS RELATING TO FINANCIAL MATTERS

The WISHEHS Services is provided for informational purposes only, and no Content included in the SENIORCAREWHIZ Portals and Services is intended for trading or investing purposes. WISHEHS DIGITAL MEIDA and its advertisers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via WISEHSH Portals, and shall not be responsible or liable for any trading or investment decisions based on such information.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and SeniorCareWhiz and you shall have no authority to bind SeniorCareWhiz in any manner, whatsoever.

Force Majeure

SeniorCareWhiz shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

GOVERNING LAW

The Agreement shall be governed by the Laws of State of Arizona. The Courts of law at Phoenix, AZ shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Limited time to bring your claim

You and SeniorCareWhiz agree that any cause of action arising out of or related to the SeniorCareWhiz’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Acceptance of Privacy Policy

By using SeniorCareWhiz’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of SENIORCAREWHIZ site(s). We reserve the right, to modify this Privacy Statement at any time.

Assignment

We may freely assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services.

Electronic Contracting

Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.