MGA Homecare Terms of Use

MGA Homecare Terms of Use​

Last Updated: July 1, 2021
MGA HomeCare, including MGA Home Healthcare, L.L.C.; MGA Home Healthcare Colorado, LLC; MGA Home Healthcare Pueblo, LLC; MGA Healthcare Texas, LLC; A Circle of Care Colorado, LLC; MGA Home Healthcare Fayetteville, LLC; MGA Behavior Therapy, LLC, and its affiliates (“MGAhomecare,” “MGA,” “we,” “us,” or “our,”) operate the websites https://www.mgahomecare.com , https://www.circleofcarecolorado.com and https://mgabehaviortherapy (collectively, the “Site”). These Terms of Use (“Terms”) apply whenever you access the Site, regardless of platform or device used.
In this “Terms of Use” document, your “use of the Site” or similar language means your accessing, downloading, visiting, or browsing the Site, sending or receiving email or other electronic communications to or from us, and other similar events or services offered in connection with the “mgahomecare.com” , “circileofcolorado.com” and “mgabehaviortherapy.com” domains.

BY VISITING OR USING THIS SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT WILL APPLY PROSPECTIVELY TO YOU. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SERVICES.

Amendment to Terms of Use

We reserve the right to amend or replace these Terms of Use from time to time in our sole discretion and will post and maintain the most recent version of these Terms of Use on the Website. You are responsible for reviewing these Terms of Use upon each visit to the Website. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Updated” date at the top of this page. By continuing to use the Website, you agree to abide and be bound by any amended Terms of Use. You can reject any new, amended or additional Terms of Use by discontinuing use of our Services. Unless we provide you with specific notice, no changes to our Terms of Use will apply retroactively

Description of Service; Use

The Site facilitates adult and pediatric quality care. You may use the Site for many reasons, including to: access blog articles, access resources regarding pediatric nursing and therapy, investigate homecare options, learn more about MGA Homecare, and pursue a career opportunity.
You may not use the Site for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through the Site. You promise that none of your communications with or through the Site will violate any local, state, national or international law.

Limited Right to Use the Website; User Representations

These Terms of Use permit you to use the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) for your use only. You may view, download, print, or copy any materials when the intended use is solely for personal, informational, or noncommercial purposes. You agree not to download, upload, duplicate, sell, resell, republish, reproduce, redistribute, share, copy, exploit for any other commercial purpose, share in public, rent, sub license for any purpose, transmit or retransmit any communications from the Website for a commercial purpose without prior written consent from MGA Homecare.
By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site.
By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site.

User Representations; Prohibited Uses

You represent and warrant that
(a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website;
(b) all information you provide to us is correct, true, accurate, complete, and non-misleading;
(c) you have the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use; and
(d) your use of the Website shall be in accordance with these Terms of Use and all applicable laws, rules or regulations.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
  • Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, or the United States copyright laws).
  • Use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of, is linked to, or facilitates the operation of any spyware, virus, Trojan horse, worm, keylogger, rootkit, or other malicious computer software.
  • Conduct any systemic or automated data collection activities (including without limitation any scraping, data mining, data extraction, data harvesting, or the like) on or in relation to the Site.
  • Access or interact with the Site using any robot, spider, crawler or other data gathering tool, whether manual or automated, to access, acquire, copy, monitor, scrape or aggregate any portion of our Site.
  • Use data collected from the Site for any direct marketing activity, or to contact any individual, company, or other person or entity except as intended by the nature of the Site.
  • Send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use or United States or other applicable copyright laws.
  • Impersonate or attempt to impersonate MGA Homecare, an MGA employee or volunteer, or another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MGA Homecare or users of the Site or expose them to liability and/or
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

Copyrights, Trademarks and Service Marks

Unless otherwise noted, all content and other materials on the Site are protected under the laws of the United States and other countries as the copyrights, trade dress, trademarks, and/or other intellectual property rights owned by MGA Homecare or by affiliates that have licensed their material to MGA Homecare, or otherwise is retained by other parties as the owners of the resources, services, content, media, and information on the Site. The content of the Site is copyrighted and for private use only and not for public or commercial exhibition. Any unauthorized use of the Site may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms. Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us, our affiliates or licensors, or otherwise of the respective owners of the resources, services, media, content, and information on these Site. In particular, there are a number of proprietary logos, service marks, trademarks, and slogans of MGA (“MGA Marks”) found on the Site. By making these MGA Marks available on the Site, MGA is not granting you a license to use them in any fashion. Use of the MGA Marks found on the Website by users is restricted as set forth in the Terms of Use. Other than nominative or fair uses, the MGA Marks may be used publicly only with prior written permission from MGA Homecare. Fair use of the MGA Marks in advertising and promotion of MGA services requires proper acknowledgment. No MGA Marks may be used as a hyperlink without MGA’s prior written permission.

Infringement Policy; DMCA

MGA respects the intellectual property rights of others and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). We reserve the right, but not the obligation, to terminate your use of our Site if we determine that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that content hosted on or available via the Site infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By Mail: MGA Homecare Attention: Privacy Officer
7025 North Scottsdale Road, Suite 200
Scottsdale, AZ 85253 By Email: compliance@mgahomecare.com

Include the following information when contacting MGA’s designated agent:
  • Your name, address, telephone number, and email address
  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed
  • A description or URL of where the alleged infringing material is located
  • A statement that you have a good faith belief that use of the material Is not authorized by the copyright owner, its agent, or the law
  • A statement that the information you provided in the notice is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner

Login Credentials

Prior to accessing certain portions of our Site, you will be required to provide certain personal information determined by us to create an account (“Account”). You are responsible for any and all actions, omissions, or other activities related to your Account, including any users you permit to be linked to your Account. Your control of such Account is exercised through your use and protection of your password. Please be aware that to maintain exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your login credentials, including your password, with anyone other than authorized representatives for a commercial license. If you believe that your account has been accessed by anyone other than you or your authorized commercial representatives, or otherwise without permission or in any unauthorized manner, then you must contact us immediately. You are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your Account.

Links To Third Party Websites

The Site may contain hyperlinks to third-party websites or resources, including our social media platforms. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. More specifically, MGA Homecare does not represent, support or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site by third parties. If you decide to leave the Site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties. MGA Homecare reserves the right not to link, or to remove the link, to a particular website at any time.

Third Party Ads

MGA Homecare values your privacy. To better protect your privacy, our privacy policy explains our online information practices and the choices you can make concerning how your information is collected and used on our Site. MGA’s Privacy Policy is available Privacy Policy and forms part of these Terms of Use. Any personal details and data acquired by MGA from your accessing or use of our Site will be collected and/or used in accordance with our Privacy Policy, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt-out of targeted advertising, please review our Privacy Policy “Cookies” subsection.

General Payment Terms

You agree to keep a current credit or debit card on file with us at all times. You authorize us to charge your card for Services that you order (“Service Fees”). All Service Fees for Services rendered will be charged immediately upon completion of the scheduled appointment. We retain the right to place a hold on your credit card for an ordered or completed appointment. You agree that we may charge your payment method for verification and preauthorization purposes and you agree to bear any additional charges that your bank or other financial service provider may levy on you. We use third party services to process credit card information.

No Representations or Warranties

We make no representation or warranty of any kind with respect to the Site, either express or implied, or any other resources, services, media, content, information, or materials contained on or accessible through the Website. The materials and information in the MGA Site are provided “as is.” Your use of the Site is at your own and sole risk. We assume no responsibility for errors or omissions in the resources, services, content, media, and information of the Site, and make no commitment to update such resources, services, content, media, and information. Your sole and exclusive remedy for issues relating to the use of, or the resources, services, content, media, and information on or accessible through, the Site shall be to discontinue accessing the Site and using the content so obtained.

Indemnification

You shall indemnify, hold harmless, and, at MGA Homecare’s option, defend MGA Homecare from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses“) incurred by MGA Homecare resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that MGA Homecare shall have control of the defense or settlement of any third party claims, unless MGA Homecare exercises its option to require you to MGA Homecare. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MGA Homecare.

Release, Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “MGA PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH KB MGA Homecare Terms of UseLast Updated: July 1, 2021 MGA HomeCare, including MGA Home Healthcare, L.L.C.; MGA Home Healthcare Colorado, LLC; MGA Home Healthcare Pueblo, LLC; MGA Healthcare Texas, LLC; A Circle of Care Colorado, LLC; MGA Home Healthcare Fayetteville, LLC; MGA Behavior Therapy, LLC, and its affiliates (“MGAhomecare,” “MGA,” “we,” “us,” or “our,”) operate the websites https://www.mgahomecare.com , https://www.circleofcarecolorado.com and https://mgabehaviortherapy (collectively, the “Site”). These Terms of Use (“Terms”) apply whenever you access the Site, regardless of platform or device used. In this “Terms of Use” document, your “use of the Site” or similar language means your accessing, downloading, visiting, or browsing the Site, sending or receiving email or other electronic communications to or from us, and other similar events or services offered in connection with the “mgahomecare.com” , “circileofcolorado.com” and “mgabehaviortherapy.com” domains. BY VISITING OR USING THIS SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT WILL APPLY PROSPECTIVELY TO YOU. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SERVICES. 1.Amendment to Terms of Use. We reserve the right to amend or replace these Terms of Use from time to time in our sole discretion and will post and maintain the most recent version of these Terms of Use on the Website. You are responsible for reviewing these Terms of Use upon each visit to the Website. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Updated” date at the top of this page. By continuing to use the Website, you agree to abide and be bound by any amended Terms of Use. You can reject any new, amended or additional Terms of Use by discontinuing use of our Services. Unless we provide you with specific notice, no changes to our Terms of Use will apply retroactively2.Description of Service; Use. The Site facilitates adult and pediatric quality care. You may use the Site for many reasons, including to: access blog articles, access resources regarding pediatric nursing and therapy, investigate homecare options, learn more about MGA Homecare, and pursue a career opportunity. You may not use the Site for any purpose that is unlawful or prohibited by these Terms, or cause damage on or through the Site. You promise that none of your communications with or through the Site will violate any local, state, national or international law.3.Limited Right to Use the Website; User Representations. These Terms of Use permit you to use the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) for your use only. You may view, download, print, or copy any materials when the intended use is solely for personal, informational, or noncommercial purposes. You agree not to download, upload, duplicate, sell, resell, republish, reproduce, redistribute, share, copy, exploit for any other commercial purpose, share in public, rent, sub license for any purpose, transmit or retransmit any communications from the Website for a commercial purpose without prior written consent from MGA Homecare.By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Site or any features provided on the Site.By accessing or using the Site, you represent and warrant that you have not been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site.4.User Representations; Prohibited Uses. You represent and warrant that (a) your use of the Website is legal in, and does not violate any laws, rules or regulations of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Website; (b) all information you provide to us is correct, true, accurate, complete, and non-misleading; (c) you have the legal right and ability to enter into these Terms of Use and to use the Website in accordance with these Terms of Use; and (d) your use of the Website shall be in accordance with these Terms of Use and all applicable laws, rules or regulations. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:•Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, or the United States copyright laws); •Use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of, is linked to, or facilitates the operation of any spyware, virus, Trojan horse, worm, keylogger, rootkit, or other malicious computer software;•Conduct any systemic or automated data collection activities (including without limitation any scraping, data mining, data extraction, data harvesting, or the like) on or in relation to the Site;•Access or interact with the Site using any robot, spider, crawler or other data gathering tool, whether manual or automated, to access, acquire, copy, monitor, scrape or aggregate any portion of our Site;•Use data collected from the Site for any direct marketing activity, or to contact any individual, company, or other person or entity except as intended by the nature of the Site.•Send, knowingly receive, upload, download, use or re-use any material which violates these Terms of Use or United States or other applicable copyright laws; •Impersonate or attempt to impersonate MGA Homecare, an MGA employee or volunteer, or another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); •Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MGA Homecare or users of the Site or expose them to liability; and/or•Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.5.Copyrights, Trademarks and Service Marks. Unless otherwise noted, all content and other materials on the Site are protected under the laws of the United States and other countries as the copyrights, trade dress, trademarks, and/or other intellectual property rights owned by MGA Homecare or by affiliates that have licensed their material to MGA Homecare, or otherwise is retained by other parties as the owners of the resources, services, content, media, and information on the Site. The content of the Site is copyrighted and for private use only and not for public or commercial exhibition. Any unauthorized use of the Site may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms. Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us, our affiliates or licensors, or otherwise of the respective owners of the resources, services, media, content, and information on these Site. In particular, there are a number of proprietary logos, service marks, trademarks, and slogans of MGA (“MGA Marks”) found on the Site. By making these MGA Marks available on the Site, MGA is not granting you a license to use them in any fashion. Use of the MGA Marks found on the Website by users is restricted as set forth in the Terms of Use.Other than nominative or fair uses, the MGA Marks may be used publicly only with prior written permission from MGA Homecare. Fair use of the MGA Marks in advertising and promotion of MGA services requires proper acknowledgment. No MGA Marks may be used as a hyperlink without MGA’s prior written permission. 6.Infringement Policy; DMCA. MGA respects the intellectual property rights of others and expects its users to do the same. We will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf). We reserve the right, but not the obligation, to terminate your use of our Site if we determine that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that content hosted on or available via the Site infringes your copyright, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:By Mail:MGA Homecare Attention: Privacy Officer7025 North Scottsdale Road, Suite 200Scottsdale, AZ 85253By Email: compliance@mgahomecare.com Include the following information when contacting MGA’s designated agent: •Your name, address, telephone number, and email address; •An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; •A description of the copyrighted work that you claim has been infringed; •A description or URL of where the alleged infringing material is located; •A statement that you have a good faith belief that use of the material Is not authorized by the copyright owner, its agent, or the law; •A statement that the information you provided in the notice is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.7.Login Credentials. Prior to accessing certain portions of our Site, you will be required to provide certain personal information determined by us to create an account (“Account”). You are responsible for any and all actions, omissions, or other activities related to your Account, including any users you permit to be linked to your Account. Your control of such Account is exercised through your use and protection of your password. Please be aware that to maintain exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your login credentials, including your password, with anyone other than authorized representatives for a commercial license. If you believe that your account has been accessed by anyone other than you or your authorized commercial representatives, or otherwise without permission or in any unauthorized manner, then you must contact us immediately. You are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your Account. 8.Links To Third Party Websites. The Site may contain hyperlinks to third-party websites or resources, including our social media platforms. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. More specifically, MGA Homecare does not represent, support or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site by third parties. If you decide to leave the Site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties. MGA Homecare reserves the right not to link, or to remove the link, to a particular website at any time.9.Third Party Ads. MGA Homecare values your privacy. To better protect your privacy, our privacy policy explains our online information practices and the choices you can make concerning how your information is collected and used on our Site. MGA’s Privacy Policy is available [insert privacy policy here] and forms part of these Terms of Use. Any personal details and data acquired by MGA from your accessing or use of our Site will be collected and/or used in accordance with our Privacy Policy, including targeted advertising and tracking information we collect automatically. To learn more about how you can opt-out of targeted advertising, please review our Privacy Policy “Cookies” subsection [link to privacy policy – cookies section if possible].10.GeneralPaymentTerms. You agree to keep a current credit or debit card on file with us at all times. You authorize us to charge your card for Services that you order (“Service Fees”). All Service Fees for Services rendered will be charged immediately upon completion of the scheduled appointment. We retain the right to place a hold on your credit card for an ordered or completed appointment. You agree that we may charge your payment method for verification and preauthorization purposes and you agree to bear any additional charges that your bank or other financial service provider may levy on you. We use third party services to process credit card information.11.No Representations or Warranties. We make no representation or warranty of any kind with respect to the Site, either express or implied, or any other resources, services, media, content, information, or materials contained on or accessible through the Website. The materials and information in the MGA Site are provided “as is.” Your use of the Site is at your own and sole risk. We assume no responsibility for errors or omissions in the resources, services, content, media, and information of the Site, and make no commitment to update such resources, services, content, media, and information. Your sole and exclusive remedy for issues relating to the use of, or the resources, services, content, media, and information on or accessible through, the Site shall be to discontinue accessing the Site and using the content so obtained. 12.Indemnification. You shall indemnify, hold harmless, and, at MGA Homecare’s option, defend MGA Homecare from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by MGA Homecare resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Site, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or any of its features. You further agree that MGA Homecare shall have control of the defense or settlement of any third party claims, unless MGA Homecare exercises its option to require you to MGA Homecare. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MGA Homecare.13.Release, Disclaimer and Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE US, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, COUNSEL, INSURERS, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “MGA PARTIES”) FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS FOR ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) THAT CONSTITUTE, RELATE TO, OR ARISE OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO AND/OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, OR (II) THE USE OF ANY INFORMATION OR MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE. MGA HOMECARE IS NOT RESPONSIBLE FOR ANY OF THE ACTIONS, PRODUCTS, OR SERVICES OF ITS PARTNERS OR VOLUNTEERS, AND YOU HEREBY WAIVE, DISCLAIM, AND RELEASE THE MGA PARTIES FROM ALL CLAIMS OF ANY KIND ARISING OUT OF THE ACTIONS OF, OR PRODUCTS AND SERVICES PROVIDED BY, THIRD PARTIES AND VOLUNTEERS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE AND ALL SERVICES OF MGA ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, OUR CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED DOLLARS).

Entire Agreement; Governing Law; Dispute Resolution

These Terms of Use, including those terms hyperlinked and incorporated herein, constitute the entire agreement between MGA Homecare and you regarding the subject matter hereof. These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the state of Arizona, without regard to conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any cause of action by you with respect to the Site (including, but not limited to, these Terms of Use) must be instituted within one year after the cause of action arose or be forever waived and barred. You agree that any claim or dispute you may have against us arising out of or related to use of this Site must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.

Children’s Online Privacy and Protection Act Notification

The Site are intended for users or visitors at least 18 years old. Do not use MGA Homecare if you are not at least 13 years old. When a user discloses personal information on the Site, the user is representing to us that he or she is at least 18 years old.

Notice to California Users

Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Geographic Scope of the Site

MGA Homecare controls and operates the Site from within the United States of America. Unless otherwise specified on or by the Site, the Site are intended to promote only those MGA HomeCare products that are sold by MGA HomeCare in the United States and its territories, and MGA HomeCare makes no representation that materials on the Site or the products or services described on the Site are appropriate or available for use in other locations. If you access the Site from outside the United States, be advised the Site may contain references to products and services that are not available or are prohibited in your country. All visitors to the Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of the Site.

No Waiver

The failure or delay by either party to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. Nor will any single or particle exercise or enforcement of any right preclude any other further exercise or enforcement of any other rights or provisions under these Terms of Use.

Severability

If any part of these Terms of Use is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section.

Investigations

MGA Homecare reserves the right to investigate suspected violations of these Terms of Use. MGA may seek to gather information from the suspected user in violations of these Terms of Use and from any other use. MGA may suspend any user under investigation, and, if MGA believes, in its sole discretion, that a user has violated these Terms of Use, it may warn users, suspend usernames and passwords, terminate user accounts or take any other corrective action deemed appropriate. In cooperation with any law enforcement authorities or court order, MGA Homecare may disclose the identity of a user believed to have violated these Terms of Use as otherwise set forth in our Privacy Policy.
BY ACCEPTING THESE TERMS OF USE, YOU WAIVE AND HOLD HARMLESS ALL MGA PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MGA PARTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER ANY MGA PARTY OR LAW ENFORCEMENT AUTHORITIES.

Communications

When you communicate with MGA Homecare electronically, such as via e-mail, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

General Provisions

These Terms of Use, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and MGA and supersedes any and all prior agreements regarding the subject hereof. These Terms of Use operate to the fullest extent permissible by law. These Terms of Use are binding upon and inures to the benefit of the respective successors and assigns of the parties. These Terms of Use are solely for the benefit of MGA and you and shall not be construed for the benefit of any third party.

If you have any further questions, please send an email to: compliance@mgahomecare.com

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