TERMS OF USE

Effective Date: December 7, 2016

A.     Your Acceptance of these Terms of Use

These Terms of Use are entered into by and between you and Theia Healthcare LLC d/b/a THEIA SENIOR SOLUTIONS ("Theia", "we" or "us").  The following Terms of Use, together with our Privacy Policy, govern your access to and use of www.theiaseniorsolutions.com, including any content, functionality and services offered on or through it (the "Website").

Please read these Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, including the Privacy Policy found here.  If you do not want to agree to these Terms of Use, you must not use the Website.

This Website is offered and available to users who are at least 18 years of age and reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

B.     Disclaimer of Warranties and Limitation on Liability

The Website and materials are presented on an “as is” and “as available” basis.  We make no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this Website, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

In no event, will Theia, or its agents, affiliates, officers, directors, partners, or licensors be liable for any direct, special, indirect, incidental or consequential damages or any damages or any kind, under any legal theory, including an action of contract, breach of warranty, negligence, or other tortious action, in connection with your use or inability to use the Website and the materials.

C.      Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately upon our posting of them, and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page regularly in order to remain abreast of any and all changes, as they are binding on you.

D.     Accessing the Website

1.    Our Provision of Access

a.       We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole and absolute discretion, without notice.

b.      We will not be liable if, for any reason, all or any part of the Website is unavailable or inaccessible, at any time, or for any period.

c.       We may restrict access to parts of the Website, the entire Website, or to certain users.

d.      We have the right to deny you access to the Website at any time, in our sole and absolute discretion, if, in our opinion, you have violated any provision of these Terms of Use.

2.    Your obligations with respect to your access to, and use of, the Website:

a.       You agree to be responsible for making all arrangements required for you to access the Website and to ensure that all persons who access the Website through your internet connection are aware of, agree to and comply with, these Terms of Use.

b.      You consent to all actions we take with respect to your information consistent with our Privacy Policy.

E.      Intellectual Property Rights

The Website and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Theia, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

F.      Permitted Uses

These Terms of Use permit you to use the Website and any services or materials available through the Website for your personal, non-commercial use only.

G.     Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or otherwise interfere with the proper working of the Website

You agree not to use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You also agree not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website.

H.    Trademarks

The Theia name, the terms, logo and all related names, logos, product and service names, designs and slogans are trademarks of Theia or its affiliates or licensors.  You must not use such marks without the prior written permission of Theia.  All other names, logos, product and service names, designs and slogans that may appear on the Website are the trademarks of their respective owners.

I.       Do Not Rely on General Information Posted

The information we present on or through the Website is made available solely for general information purposes.  We are not providing you with any medical advice. We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on the Website materials by you, or by anyone who may be informed of any of its contents.

J.        Website Content

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

K.     Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You can find that Privacy Policy here.

L.      Links from the Website

If the Website contains links to other sites and resources provided by third parties, we are providing you these links for your convenience only. We have no control over the contents of third party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

M.   Geographic Restrictions

We are based in the state of New Jersey in the United States.  We provide this Website for use only by persons located in the United States, and we make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

N.     Indemnification

You agree to defend, indemnify and hold harmless Theia, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content and services other than as expressly authorized in these Terms of Use, including the Privacy Policy, or your use of any information obtained from the Website.

O.     Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of (i) the state of New Jersey, without regard to its conflicts of law rules, and (ii) the United States of America.  You agree that any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction and venue of the state and federal courts of the state of New Jersey, and you hereby submit to such jurisdiction.

P.     Waiver and Severability

No waiver of, or by, Theia of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Theia to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Q.     Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Theia with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

R.     Your Comments and Concerns

We welcome all feedback, comments and communications relating to the Website, which should be directed to info@theiaseniorsolutions.com.