This Agreement applies to all users of the Adult-Care.org (ACO) “Providers Locator” or other similarly named service (“Service”) through Adult-Care.org or any other affiliated or partner Adult-Care.org websites.  

Please read this agreement with care. This Agreement (the “Agreement”) governs your (herein "you" and "your") use of the Service and the relationship between you and Adult-Care.org, Inc. and its employees, officers, directors, contractors and shareholders (“Adult-Care.org”) regardless of which Adult-Care.org website you are using.

To use the Service to locate an Adult-Care Provider (“Provider”) or Business (“Business”) for yourself or a third party (the “Resident”) as their advocate (the “Advocate”), you promise that you are duly authorized to use the Service for yourself or the Resident, and you promise that you are duly authorized to release your, or the Resident’s name, personal health information and contact information.

While Adult-Care.org attempts to make sure all information on the Website has been secured from reliable sources, Adult-Care.org makes no representations or warranties, expressed or implied, as to the accuracy of the information. You understand and agree that Adult-Care.org is not engaged in rendering medical, healthcare, or professional services and is not making any referrals, recommendations or endorsements of the Providers or Businesses that are listed on the Website. Content found through this service is for information and convenience to the public, and does not constitute endorsement or recommendation by Adult-Care.org.  

It remains your sole responsibility to evaluate the accuracy, completeness, and usefulness of all information you provide, for yourself or the respective Adult Care Resident.

Adult-Care.org grants you a limited, non-exclusive, royalty-free license to use the Service to help you learn more about the Providers or Businesses that are listed in the Service. You are not granted any right to use any photographs/images, audio/video content, trademarks, services marks, logos or the trade dress of Adult-Care.org (“Adult-Care.org Property”) for any purpose whatsoever except as authorized in writing by Adult-Care.org. All other rights are reserved. You understand and agree that it would be a willful and intentional infringement of intellectual property rights to use the Adult-Care.org Property in any manner not expressly authorized in advance and in writing by Adult-Care.org.

The Adult-Care.org website may contain links to other Websites which are not under the control of the Adult-Care.org and Adult-Care.org is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. It is your responsibility to take any and all safety measures necessary to ensure that your selection is free of viruses, worms, Trojan horses, and other items of a destructive nature.

Please understand and agree that Adult-Care.org makes no representations or warranties that the performance of the Service will be error free or as to the results to be obtained from the use of the Service.

Please agree, at your expense, to indemnify, defend and hold Adult-Care.org harmless from any and all losses, liabilities, or damages (including attorneys fees and costs) resulting from any and all claims, causes of action, suits, proceedings, or demands arising from your use of the Service or from or related to decisions or recommendations you make using the information available on the Service.

YOU ACKNOWLEDGE, FOR YOURSELF AND THE ADULT CARE RESIDENT (IF APPLICABLE) AND AGREE THAT ADULT-CARE.ORG IS NOT RESPONSIBLE IN ANY WAY FOR THE PERFORMANCE OF THE SERVICE, INCLUDING THE ABILITY OF THE SERVICE TO LOCATE AN APPROPRIATE PROVIDERS. THE SERVICE IS PROVIDED "AS IS", WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND ADULT-CARE.ORG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

YOU AGREE THAT ADULT-CARE.ORG WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, ARISING IN ANY WAY FROM YOUR USE OF THE SERVICE, EVEN IF ADULT-CARE.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the FOREGOING limitation or exclusion may not apply to you.

This Agreement and the relationship between you and Adult-Care.org shall be governed by the laws of the State of Oregon.  Any controversy or claim between you and Adult-Care.org shall be resolved only by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held and conducted in Portland, Oregon, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Adult-Care.org may seek interim or preliminary relief, but only in the state or federal courts sitting in Portland, Oregon necessary to protect the rights or property of you or Adult-Care.org pending the completion of arbitration.  

The Service is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users may use the Service with only those rights set forth in this Agreement.

By using the Service, you agree that this Agreement may be amended or modified from time to time without notice and, by continuing to use the Service after the date this Agreement has been amended or modified and posted on the Internet, you agree that you are bound by the then existing Agreement.  You agree as an Upgraded Member (provider) your membership will be automatically renewed until adult-care.org receives a (30) days written cancelation notice by United State Postal Service, registered mail.

If any provision of this Agreement is to be unenforceable for any reason, the remaining provisions hereof will be unaffected and remain in full force and effect and the court or arbitrator shall enforce such provision to the maximum extent allowed by law. This Agreement constitutes the entire agreement, and replace and supersedes all prior agreements and discussion between you and Adult-Care.org concerning the subject matter discussed in this Agreement.