Terms and Conditions
A. Interpretation and Definitions
1. Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. Definitions
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- Country refers to the United States.
- Company (also referred to as "We", "Us" or "Our" in these Terms and Conditions) means Eminence Home Care LLC, 130 S. Easton Road, Glenside, PA 19038.
- Device means any device that can access the Site such as a computer, a cellphone, or a digital tablet.
- Site means this website, accessible from https://www.eminencehcs.com/.
- Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Site.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Site.
- You means the individual accessing or using the Site, or the company, or other legal entity on behalf of which such individual is accessing or using the Site, as applicable.
B. Acknowledgment
These are the Terms and Conditions governing the use of this Site and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Site.
Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Site.
By accessing or using the Site You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Site.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Site.
Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Site. Please read Our Privacy Policy at https://www.eminencehcs.com/privacy-policy carefully before using Our Site.
C. Links to Other Websites
Our Site may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
D. Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions. Upon termination, Your right to use the Site will cease immediately.
E. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Site or 100 USD if You haven't purchased anything through the Site.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, exemplary, consequential, or punitive damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site).
F. “AS IS” and “AS AVAILABLE” Disclaimer
The Site and any services obtained via the Site are provided to You “AS IS” and “AS AVAILABLE” without warranty of any kind. To the maximum extent permitted under applicable law, the Company disclaims all warranties, express, implied, statutory, or otherwise, with respect to the Site, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
G. Governing Law
The laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules, shall govern these Terms and Your use of the Site.
H. Disputes Resolution
If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting the Company at [1-800-203-6595].
I. For European Union (EU) Users
The Site is intended for use by U.S. residents. If You are using the Site from a non-U.S. jurisdiction, please be aware the data privacy and security laws and protections of Your jurisdiction may not apply to this Site.
J. United States Legal Compliance
You represent and warrant that:
- (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and
- (ii) You are not listed on any United States government list of prohibited or restricted parties.
K. Severability and Waiver
1. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
2. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
L. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Site. You agree that the original English text shall prevail in the case of a dispute.
M. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide notice prior to any new terms taking effect but will include the date of the most recent changes on the first page of the Site when material changes are made to these Terms. What constitutes a material change will be determined by Us at Our sole discretion.
By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Site.
N. SMS Messaging Policy
You may review Our SMS Messaging Policy on Our Site at: https://www.eminencehcs.com/sms-privacy-policy.
O. Contact Us
If you have any questions about these Terms and Conditions, You may contact us:
- By calling our main line at [1-800-203-6595].