You are currently viewing the Sarah Adult Day Services Inc. (Sarahcare®website, available at “sarahcare.com” (this “Site”). For your convenience, Sarahcare® as the Franchisor hosts the websites of our wholly-owned and individually operated Franchises (“Franchises”). Sarahcare® hosts the Franchises’ websites as a service to you.
Please read the following terms and conditions carefully.
By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies, and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties, and a choice of Ohio law.
These terms are effective as of December 1st, 2009.
Site Content/Copyright & Trademarks
All contents of this Site are: ©2009-2010 Sarah Adult Day Services. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express permission of Sarah Adult Day Services Inc. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Sarah Adult Day Services Inc. intellectual property rights.
Modifications to Terms & Site
SarahCare® may change the Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.
Sarahcare® also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Sarahcare® may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Sarahcare® will not be liable to you or any third party in the event that Sarahcare® exercises its right to modify or terminate access to this Site or portions of this Site.
Third Party Sites
Sarahcare®may provide links to web sites and access to content, products and services of third parties, including without limitation, Sarahcare®’saffiliates and strategic partners and other entities (”Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Sarahcare® does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Sarahcare®, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.
Franchise Sites
The Franchise Sites are operated independently from Sarahcare®. We give give our Franchises the option of using content provided by Sarahcare. Any content placed on a Franchise Site that has not also been placed on this Site has either been provided by a Franchise or its employees. Sarahcare® is not under any obligation to review or filter any content, including text, images, photographs, or links, placed on any Franchise Site. If you decide to leave the Site and access a Franchise Site, even if access is provided through a hyperlink from our Site, you do so at your own risk.
We are not responsible for the privacy policies of our Franchises and are not protected by the SarahCare® Privacy Policy if you submit information online through a Franchise Site.
License to Submitted Content
By posting messages, uploading files, or otherwise providing any material to us for display on the Site(s), you are granting Sarahcare® a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Disclaimer and Limitation of Liability
Sarahcare® makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Sarahcare® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
IN NO EVENT SHALL SarahCare® BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF SarahCare® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Sarahcare® IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, PORNOGRAPHIC, OR ILLEGAL CONTENT POSTED TO ANY FRANCHISE SITE OR FOR THE CONDUCT OF ANY SITE OR FRANCHISE SITE USER.
Digital Millennium Copyright Act
For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Designated Agent at the following address:
Sarah Adult Day Services, Inc.
800 Market Avenue, Suite 1230
Canton, OH 44702
Governing Law
Use of this Site is governed by Ohio law. Any claim related to the Site shall be brought in a federal or state court in Ohio, within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this Site.
Acknowledgement
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.