1. Acceptance of Agreement
Your use of the service following posting of the latest Agreement will constitute your acceptance of the changes.
The content, organization, logo, graphics, design, compilation, and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree to indemnify, defend and hold Care Solutions Home Healthcare and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service provider, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, damage, claim and expense whatsoever, including attorney's fees, in connection with any claim by a third party related to your violation of this Agreement or use of the Site. Users agree to hold harmless Care Solutions Home Healthcare from any claim arising from a third party's use of information that they post or transmit though the Site.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
5. Rights and Remedies Cumulative.
The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law statute, ordinance, or otherwise.
6. Waiver or Default.
No waiver by the parties hereto of any default or breach of any term, condition, or covenant of this Agreement shall be deemed to be a waiver of any other breach of the same of any other term, condition, or covenant contained herein.
8. Payment, Refund, and Cancellation Policy.
Payment is required via credit card. Invoice will be issued weekly for services performed. There are no refunds for service already provided. Cancellation charge for less than 24 hours cancellation notice is $50.
9. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in Beaufort County, SC, and shall be governed by and construed in accordance with the laws of the State of South Carolina (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. this Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this agreement shall not be deemed a waiver of such provision or of the right to enforce such provision Our rights under this Agreement shall survive any termination of this Agreement.
Any controversy or claim arising out of or relating to this Agreement or our services or the breach thereof shall be settled by binding arbitration in Beaufort County, South Carolina in accordance with the rules of the American Arbitration Association, which shall be the parties' exclusive remedy, and judgment upon the award rendered by the Arbitrator may be entered into any court having jurisdiction thereof.
12. Breach of any Part of Portion of this Agreement.
If you breach any part of portion of this Agreement, Care Solutions Home Healthcare shall have the right, at its election, to bring suit under above Arbitration paragraph hereunder for damages for such breach, and if successful, or if settled by negotiated compromise prior to hearing, User shall be responsible for payment of Care Solutions Home Healthcare legal fees and costs incurred for enforcing its rights. If suit relating to this Agreement, pursuant to Arbitration paragraph above hereunder, or otherwise, is brought by the User and the User does not prevail in this processing, or it settlement by negotiated compromise is reached prior to hearing, then the User shall be responsible for payment of Care Solutions Home Healthcare legal fees and costs incurred in its defense.
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