Terms and Conditions of Use
Terms
By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality and services offered on or through this website, web page, client portal, or mobile application, or our e-mails, texts, posts and other electronic messages (collectively, our “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.
Our Site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our 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, as applicable. We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.
Use License
Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
- When using or accessing our Site, you may not:
- modify or copy any material or Services;
- use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
- engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
- remove any copyright or other proprietary notations from the material; or
- transfer the materials to another person or entity or “mirror” the material on any other server.
- Posting Content. In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.
- Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any Services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:
- unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material;
- material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
- material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.
- Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our 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 and Conditions of Use and your use of our Site, including, but not limited to, any use of our Site’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from our Site.
Revisions and Errata
The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. We do not, however, make any commitment to update the materials.
Links
We have not reviewed all of the third-party websites linked to by the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.
Site Terms of Use Modifications
We may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to the Site shall be governed by the laws of the State in which we are headquartered without regard to its conflict of law provisions.
Entire Agreement
These Terms and Conditions of Use, our Privacy Policy and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site
Our Mobile Messaging Service is subject to the following terms and conditions.
MOBILE MESSAGING TERMS & CONDITIONS (SMS/MMS)
Opt-In / Consent to Receive Messages. The Program allows users to receive SMS and/or MMS mobile messages by affirmatively opting into the Program (for example, by submitting a form on our Site, providing your number to us, or otherwise expressly agreeing to receive messages). By participating in the Program, you consent to receive recurring mobile messages from Polaris Home Care and/or our service providers at the mobile number you provided. Messages may be sent using an automatic telephone dialing system or other automated technology. Consent is not required to make a purchase or to receive services.
Program Description. Without limiting the scope of the Program, users that opt into the Program may receive service-related and informational messages (including scheduling, care coordination, and account-related messages) and, where applicable, marketing messages such as alerts, confirmations, reminders, updates, offers, coupons, specials, and promotions.
Cost and Frequency. Message and data rates may apply. Message frequency may vary based on your interactions with us and the services you request.
How to Opt Out. You can opt out at any time by replying “STOP” to any message from us. After you send “STOP,” you may receive one additional message confirming your opt-out. If you opt out, you will no longer receive SMS/MMS messages from the Program (unless you later opt back in).
Help / Support. For help, reply “HELP” to any message, call us at (408) 400-7020, or email info@polarishomecare.com.
MMS Disclosure. If your device does not support MMS, you may receive SMS messages instead.
Carrier Disclaimer. Carriers are not liable for delayed or undelivered messages.
Privacy. We respect your privacy. We use information you provide to deliver Program messages and respond to you. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. We may disclose information as necessary to comply with law, regulation, or governmental request, to avoid liability, or to protect our rights or property. This Program-specific privacy statement is limited to the Program and does not modify other privacy policies that may apply in other contexts.
Eligibility and Accuracy. You represent that you are the subscriber or authorized user of the phone number you provide and that you have authority to opt in. You agree to provide accurate, complete, and current information. If we believe information is untrue, inaccurate, or incomplete, we may limit or deny access to the Program.
“As Is” Disclaimer. The Program is offered on an “as is” basis. We are not responsible for any delays or failures in the receipt of any mobile messages. Delivery is subject to effective transmission from your wireless service provider and is outside of our control.
Changes. We may change these Mobile Messaging Terms & Conditions from time to time. Your continued participation in the Program after any changes means you accept the updated terms.
AI-ASSISTED, PRERECORDED CALLS, AND VOICEMAIL CONSENT
By providing your phone number to Polaris Home Care (including through our website forms, client portal, mobile application, email, text message, referral form, or by calling us), you expressly consent to receive communications at the number you provide from Polaris Home Care and our service providers, including calls and voicemail messages delivered using an automatic telephone dialing system and/or using prerecorded or artificial voice messages (including voices generated or significantly altered using artificial intelligence), for service-related, informational, transactional, scheduling, care coordination, and, where applicable, marketing purposes.
Artificial / AI Voice Disclosure. For calls that use an automatic dialing-announcing device with a prerecorded message, we will provide required disclosures, including informing the person called if the prerecorded message uses an artificial voice, as required by applicable California law.
Request a Human at Any Time; Live Transfer. You may request to speak with a live representative at any time during an AI-assisted or automated call (for example, by saying “agent,” “representative,” or otherwise requesting a human). If a live representative is available, we will transfer you. If a live representative is not immediately available, we will capture your request and have a Polaris team member follow up as soon as reasonably possible.
Revoking Consent / Opting Out of Calls. You may revoke consent and/or opt out of marketing calls at any time by telling the caller you would like to opt out, by calling (408) 400-7020, or by emailing info@polarishomecare.com.
This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserves the right to change these Terms from time to time. Any material updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.