Terms of Use

The Select Home Care Website (“Select Website”) is owned, operated, and maintained by Select Home Care, LLC, an Arizona corporation with headquarters in Scottsdale, Arizona  (“SHC”). 

ACCEPTANCE OF TERMS
The Select Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Select Website constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Select Website included within the Select Website may also be subject to additional terms as set forth in such section.  Further, you agree to be bound to any additional terms may be required by the SHC with respect to individual any individual services that you purchase from SHC (“Additional Terms”).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Select Website or with any terms included with any services purchased from SHC, then these terms shall control.

SITE LICENSE AND ACCESS
SHC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of SHC. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SHC and/or its affiliates without express written consent of SHC. You may not use any meta tags or any other "hidden text" utilizing SHC’s name or trademarks without the express written consent of SHC. Any unauthorized use terminates the permission or license granted by SHC.

MODIFICATION OF THESE TERMS OF USE
SHC reserves the right to change the terms, conditions, and notices concerning use of the Select Website without notice.  You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Select Website. Your continued use of the Select Website constitutes your agreement to all such terms, conditions, and notices.

TRADEMARKS
All trademarks that appear on the Select Website (“Trademarks”) are trademarks or registered trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SHC or its subsidiaries.

The Trademarks are valuable assets of their respective owners and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks.  Such goodwill has made the Trademarks distinctive to their respective owners and, as such, may only be used by their respective owners, licensees or other authorized persons or entities for the benefit of their respective owners and only in connection with the products and services authorized by their respective owners.  Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits SHC, its affiliates or subsidiaries is strictly prohibited. 

You may not use any of the Trademarks in any manner without the prior written consent of their respective owners.  Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT
All content that is made available to view and/or download in connection with the Select Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of SHC and/or its suppliers and is protected by United States of America copyright laws and international treaty provisions. The compilation of all content on the Select Website is the exclusive property of SHC and is protected by United States of America copyright laws and international treaty provisions.  All Software used on this site is the property of SHC and/or its software suppliers and is protected by United States of America copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

SERVICE DESCRIPTIONS
SHC and its affiliates attempt, in good faith, to be as accurate as possible with service descriptions.  However, SHC does not warrant that service descriptions are accurate, complete, reliable, current, or error-free.  If a service offered by SHC is not as described, your sole remedy is to cancel the service.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION AND SOFTWARE INCLUDED OR DESCRIBED IN OR AVAILABLE THROUGH THE SELECT WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SELECT WEBSITE AND TO THE INFORMATION THEREIN. SHC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SELECT WEBSITE AT ANY TIME. 

SHC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SELECT WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SHC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SHC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SELECT WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SELECT WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SELECT WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE SELECT WEBSITE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, SHC'S TOTAL LIABILITY TO YOU, FOR DIRECT DAMAGES OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO SHC TO ACCESS THE SELECT WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST SHC.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SELECT WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SELECT WEBSITE.

INDEMNIFICATION
You agree to indemnify and hold SHC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Select Website and/or any information (text or graphical), software, or services obtained through the Select Website and/or from SHC.

APPLICABLE LAW
Except as noted below, all disputes against SHC, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; SHC’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; service descriptions; pricing; and disclaimer of warranties shall be governed under the internal substantive laws of Arizona and you hereby irrevocably consent to the exclusive jurisdiction and venue in the appropriate state and federal courts located in Maricopa County, Phoenix, Arizona, United States of America.  You hereby waive all defenses to such venue, including forum non conviens.