Terms of Use
By accessing or using any of Homeward Health Inc. (“Homeward”) Internet properties including, without limitation, www.homewardhealth.com, and any others released by Homeward from time to time (collectively referred to as the “Homeward websites”) you agree to comply with and be bound by these Terms of Use. Please read these Terms of Use carefully as well as Homeward’s Privacy Policy, which is incorporated by this reference. If you do not agree to these Terms of Use, the Privacy Policy, you must immediately terminate your use of Homeward’s websites.
1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use Homeward websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use Homeward websites and Homeward Content (as defined below) for your noncommercial personal use and for no other purpose. Homeward reserves the right to bar, restrict or suspend any user’s access to Homeward websites, and/or to terminate this license at any time for any reason. Homeward reserves any rights not explicitly granted in these Terms of Use.
2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive Homeward’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), Homeward websites, any Homeward Content (as defined below), or any portion thereof. Further, you may not (i) use Homeward websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to Homeward websites, including Homeward Content; (ii) interfere with the proper working of Homeward websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of Homeward websites.
3. Your Acceptance; Revisions to Terms of Use. Homeward websites are available only to individuals who can enter legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and Homeward regarding your use and access to Homeward websites. By using Homeward websites you agree to the Terms of Use. Homeward reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to Homeward websites. Your use of Homeward websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to Homeward websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which Homeward had actual notice on or before the date of any such revision.
4. Additional Terms and Conditions. Homeward’s Privacy Policy as well as additional terms and conditions applicable to certain portions of Homeward websites (collectively “Additional Terms and Conditions”) are incorporated by this reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.
5. Privacy Policy. For information about Homeward’s use and protection of your personal information, please read Homeward’s Privacy Policy which is incorporated into and made a part of these Terms of Use.
6. User Obligations. You warrant that you will abide by all applicable local, state, federal laws and regulations with respect to your use of Homeward’s websites and not interfere with the use and enjoyment of Homeward websites by other users or with Homeward’s operation and management of Homeward websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on Homeward websites, including, without limitation, information required to be provided through a Homeward registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Homeward reserves the right to terminate your access and use of Homeward websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Homeward websites, or defame or otherwise harm any party, including Homeward, through your use of Homeward websites.
7. Proprietary Rights. The content of Homeward websites includes, without limitation, (i) Homeward’;s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Homeward Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Homeward websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Homeward Content"). Homeward Content is the property of Homeward, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Homeward Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Homeward or the owner of such content if Homeward is not the owner. Any use of Homeward Marks without Homeward’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in Homeward Content, including any such notices appearing on any Homeward Content you are permitted to download, transmit, display, print, or reproduce from Homeward websites.
8. Feedback. If you send or transmit any communications or materials to Homeward by mail, email, telephone, or otherwise, suggesting or recommending changes to Homeward intellectual property, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Homeward is free to use such Feedback irrespective of any other obligation or limitation between you and Homeward governing such Feedback. You hereby assign to Homeward all right, title, and interest in, and Homeward is free to use without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Homeward is not required to use any Feedback.
9. Responsibility for Use of the Internet and Homeward websites. Use of the Internet and Homeward websites is solely at your risk and is subject to all applicable local, state, and federal regulations. Homeward does not guarantee the confidentiality or security of any communication or other material transmitted to or from Homeward websites over the Internet or other communication network. Homeward shall not be obligated to correct or update Homeward websites and Homeward Content and Homeward shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Homeward websites.
10. Disclaimer. Homeward Content is provided for informational purposes only, is believed to be current and accurate at the time of posting, and is not intended as, and should not be construed to be, legal, financial, medical, or consulting advice. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services and should seek legal advice regarding any legal questions. References and links to third parties do not constitute an endorsement or warranty by Homeward and Homeward hereby disclaims all express and implied warranties of any kind.
11. Homeward Surveys. From time to time, you may participate in a survey conducted by or on behalf of Homeward using one or more assessment tools (each, a “Survey” and collectively, the “Surveys”). If a Survey includes terms of participation that are specific to such Survey, those terms of participation specific to the Survey shall prevail in all instances unless the specific terms are silent on a topic addressed by these Terms of Use. Surveys allow you to submit and transmit responses and other content in response to Survey questions (“User Contributions”). Homeward and Homeward-authorized designees, including the third party that hosts the Survey and User Contributions (collectively “Homeward Designees”) may use data collected from Surveys in accordance with these Terms of Use, but only for activities related to Homeward’s mission, as determined in Homeward’s sole discretion (the “Scope”). Your User Contributions may be shared with third parties in an aggregated manner for research, organizational insights, and other activities within the Scope.
These Terms of Use govern the Surveys and your User Contributions. By participating in one or more Surveys, you irrevocably agree to be bound by the terms and conditions in these Terms of Use and to Homeward’s interpretation of these terms and conditions. If you object to these terms, your only remedy is to discontinue your participation in the Surveys. User Contributions will not be returned. By participating in one or more Surveys and providing User Contributions, you authorize, consent, acknowledge, and permit Homeward and Homeward Designees to access, receive, collect, create, use, store, reproduce, modify, analyze, transmit, and disclose your User Contributions, including personal data that may be identifiable to you, in accordance with these Terms of Use for purposes within the Scope. You are wholly responsible for your participation in any Survey and for User Contributions and you participate at your own risk. You represent and warrant that you own or control all rights in and to the User Contributions and have the authority to provide the rights above to Homeward, and that all of your User Contributions do and will comply with the Privacy Policy. You acknowledge that Homeward is not responsible for, and accepts no liability in relation to, your participation in a Survey, any User Contribution you transmit or post, the disclosure of any User Contribution in accordance with these terms and conditions, or your conduct in connection with a Survey.
12. Third Party Information. Homeward websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, or other information made available by third parties such as content providers and other users of Homeward websites are those of the respective third party and not of Homeward or its affiliates. Homeward makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
13. Advertisers. Homeward websites may contain advertisements of third parties. The inclusion of advertisements on Homeward websites does not imply endorsement of the advertised products or services by Homeward. Homeward shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on Homeward websites. Further, Homeward shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on Homeward websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
14. Links to Third Party websites. Homeward websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Homeward exercises no control. The appearance of any such third party links (provided by Homeward or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to Homeward websites, you do so entirely at your own risk.
15. Links to Homeward websites and Homeward Content. Links posted by third parties to Homeward websites and/or Homeward Content may not use Homeward trademark or logo and shall not suggest that Homeward promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of Homeward websites shall be the responsibility of the linking party. Homeward reserves the right to require any linking party to disable or remove any link that violates Homeward’s rights or causes interruption or deterioration of Homeward Content.
16. Communications. By giving us your phone number, you authorize us to send text messages (via autodialers or similar technologies) to the phone number(s) you have provided to us for the purposes of care coordination and promotional and/or informational updates. Reply STOP or hit unsubscribe to cancel.
17. Warranties Disclaimed. HOMEWARD WEBSITES AND HOMEWARD CONTENT ARE PROVIDED “AS IS”; AND “AS AVAILABLE.”; NEITHER HOMEWARD, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “HOMEWARD PARTIES”;) PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) HOMEWARD WEBSITES OR HOMEWARD CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO HOMEWARD WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH HOMEWARD WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) HOMEWARD CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON HOMEWARD WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
18. Limitation of Liability. HOMEWARD PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE HOMEWARD WEBSITES AND/OR ANY HOMEWARD CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF HOMEWARD WEBSITES AND/OR HOMEWARD CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM HOMEWARD WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM HOMEWARD WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON HOMEWARD WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF HOMEWARD WEBSITES ARISING OUT OF CAUSES BEYOND HOMEWARD'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, HOMEWARD CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, HOMEWARD WEBSITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO HOMEWARD WEBSITES OR HOMEWARD CONTENT. In the event you are dissatisfied with, or dispute, these Terms of Use, Homeward websites and/or Homeward Content, your sole right and exclusive remedy is to terminate your use of Homeward websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Homeward has no other obligation, liability or responsibility to you or any other party.
19. Exclusions permitted by law. SOME JURISDICTIONS (BUT NOT NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND HOMEWARD'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Homeward Parties from and against all claims arising from or in any way related to your use of Homeward websites and/or Homeward Content, a violation by you of these Terms of Use, or any other actions connected with your use of Homeward websites and/or Homeward Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. Homeward will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Homeward Parties other than under this Section.
21. Term and Termination. These Terms of Use will take effect at the time you begin using Homeward websites. Homeward reserves the right, with or without notice, at any time and for any reason to deny you access to Homeward websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use Homeward website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of Homeward websites, including any Homeward Content, in your possession.
22. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) Homeward websites, and iv) any products and services accessed or purchased through Homeward websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. Homeward reserves all rights and remedies available to it in law or equity. Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.
23. Governing Law. These Terms of Use and all matters regarding your use of Homeward websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Illinois applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
24. Waiver and Severability. The failure of Homeward to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
25. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and Homeward relating to Homeward websites and its use by you, and supersedes any previous written or oral communication regarding use of Homeward websites.
26. Contact Information. If you have any questions or concerns regarding these Terms of Use or Homeward websites, please visit our “Contact Us” page.
27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Homeward websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
28. Communications. Homeward may communicate with you through SMS messages regarding your care if prior written consent is obtained. Homeward does not charge you to receive these messages, but standard text messaging rates from your wireless carrier may apply. Any costs related to receiving a text message are the responsibility of you and/or the individual receiving it. To opt out of the texting service, respond to a text from the Homeward with the word STOP to stop receiving text messages. Please note that you may receive a follow-up message in order to confirm your request. For additional help, contact our confidential 24/7 Complaint and Grievance Hotline at 844-645-6527 or send an email to privacy@homewardhealth.com. We respect your right to privacy.
Updated June 3, 2024