Elder Care IQ’s Terms of Use

Introduction:

Please read these terms and conditions of use (“Terms of Use”) carefully before using the https://eldercareiq.com website, which is owned and operated by Elder Care IQ.

These Terms of Use apply to eldercareiq.com (“Site”). This Site is provided for informational, educational, awareness and screening purposes when trying to locate and assess the quality of care provided by assisted living facilities, nursing homes, home care providers, or home health agencies (collectively referred to as “long-term care providers”) in Minnesota.

The Terms of Use constitute a legal contract between you and Elder Care IQ. When you access this Site and use its Services, you agree to accept and comply with these Terms of Use, and you verify that you are 18 years old or older. If you disagree with these Terms of Use, please discontinue using eldercareiq.com and its Services.

We may change our Terms of Use from time to time. Your continued use of our Site and Services after we post updated Terms of Use means that you agree to all changes.

Links to Third-Party Websites:

Our Site contains links to third-party websites that are not owned, operated, or controlled by Elder Care IQ. Elder Care IQ is not responsible for the content of any linked external site. These links do not reflect our endorsement, affiliation, relationship, or sponsorship by Elder Care IQ with respect to the provider of such links. We accept no responsibility for the quality, content, or reliability of these external web sites.

Elder Care IQ strongly advises you to read the Terms of Use and Privacy Policies of any third-party website that you visit.

Our Services:

Elder Care IQ was developed by the leadership of Elder Voice Family Advocates. The eldercareiq.com website and its Services are owned and operated by Elder Care IQ.

Elder Care IQ was created to help people and their families identify and screen Minnesota nursing homes, assisted living facilities, home care providers, or home health agencies when searching for a long-term care provider for a loved one. This Site provides investigation reports from the Minnesota Department of Health for complaints of abuse, neglect, and exploitation of long-term care residents and recipients of home care services or home health care services in Minnesota. These investigation reports are very helpful in showing the quality-of-care track record of every licensed nursing home, assisted living facility, home care provider, and home health agency in the state of Minnesota. Elder Care IQ has made no changes to the data; it reflects exactly what the Minnesota Department of Health investigators reported, which is publicly available information.

It is important to note that there are multiple limitations to the data on investigation reports provided by the Minnesota Department of Health. The data are subject to occasional errors. This data also can include combined references to multiple facilities under the ownership of one entity. Only approximately 15% of maltreatment complaints submitted ever get investigated; only approximately 5% of these complaints get an on-site investigation.

Elder Care IQ Is Not a Long-Term Care Provider:

Elder Care IQ is not a long-term care provider. Through our Services, you can research long-term care providers to help you assess whether they can meet your needs, or the needs of your loved one.

No Endorsement, No Affiliation, No Payment:

Elder Care IQ does not endorse or have any affiliation with any long-term care provider identified through our Services. Elder Care IQ is not paid by any long-term care provider identified in our Services. Elder Care IQ is not a broker or seller or a paid referral service. Elder Care IQ is not involved in any transaction between a long-term care provider and the user of our Services.

You Are Responsible for Your Decisions:

Elder Care IQ’s Site and Services provide you with information on third-party long-term care providers, including assisted living facilities, nursing homes, home care providers, and home health agencies, located in Minnesota.

It is your responsibility to investigate and make decisions about these long-term care providers. You acknowledge that these providers are solely responsible for any services that they may provide to you or your loved one, and that Elder Care IQ is not liable for any claims, damages, losses, or costs relating to your use of a provider’s services.

No Professional Advice

The information and Services provided through this Site are not professional advice, and are not a substitute for any professional advice, including but not limited to medical, legal, or financial advice. All information, materials, and content provided on this Site are for informational and educational purposes only.

You should consult with an appropriately trained and licensed specialist for all concerns that require medical, legal, financial, or other professional advice. Elder Care IQ disclaims, and you release Elder Care IQ from, any and all liability concerning any decision, action by, or effect on any person following the information provided by this Site and its Services.

Privacy:

Elder Care IQ respects your privacy. We have a Privacy Policy that explains our practices regarding the collection, use, and disclosure of your Personal Information in connection with your use of our Site and Services. Please read and understand the terms of our Privacy Policy.

Consent to Communications:

When you visit our Site, use our Services, and fill out any forms or provide information to us, you expressly consent to being contacted by us, whether by phone, email, mail, or otherwise. You do, however, have the choice to change your communication preferences. See our Privacy Policy (“Choice to Opt Out”).

Use of Our Services:

Your right to access and use our Site and Services is solely for your personal use. You agree to provide accurate, complete, and current information, and to not misrepresent your identity. You are only entitled to access and use our Site and Services for lawful purposes, and subject to these Terms of Use and our Privacy Policy.

No Unauthorized Use of This Site and Services

You agree that you will not do any of the following prohibited activities by using our Site and Services to:
(1) violate these Terms of Use and/or our Privacy Policy;
(2) engage in illegal activities while using the Site and Services;
(3) use the Site and Services for commercial purposes;
(4) interfere or attempt to interfere with the proper working of the Site and Services, including attempting to reverse engineer or jeopardize the correct functioning of the Site, or attempting to derive the source code of the software that enables the Site;
(5) prevent or restrict any access, use or enjoyment of our Services;
(6) copy, reproduce, replicate, modify, create derivative works from, distribute or publicly display any content from our Site and Services without our written consent; and/or
(7) harass, harm, defame, abuse, offend or threaten Elder Care IQ or any individual user of its Site and Services.

If you engage in any of the prohibited activities listed above, you may lose the right to access and use our Site and Services, and you may face legal consequences for your prohibited actions.

Intellectual Property Ownership:

All material on (and related to) this Site, including text, graphics, photographs, video, images, sound recordings, illustrations, programming, and other material (collectively referred to as “Content”), is owned by Elder Care IQ and is protected under applicable intellectual property and other laws of the United States. The Content includes trademarks, service marks, and logos that are used and displayed on our Site, which are registered or unregistered trademarks or service marks of ours or our licensors. In addition, the design and organization of our Site are the property of Elder Care IQ and are protected worldwide by copyright laws and treaty provisions.

You shall not, without our written permission: use any service marks, trademarks, or logos in any manner; copy or use our Content for any purpose; remove any copyright or trademark notices contained in our Content; sell, transfer, assign, license, sublicense or modify our Content; use our Content for any commercial purpose; or post or publish our Content.

You are solely responsible for any damages resulting from your infringement of our intellectual property rights, including infringement of trademarks, service marks, and/or copyrights.

Third-Party Products & Services:

Elder Care IQ may run advertisements from third parties on our Site, or we may provide information about third-party products or services on our Site.

Elder Care IQ is not responsible for products or services advertised by third parties on this Site. Elder Care IQ does not make any guarantees about the accuracy, suitability, or quality of these third-party products or services. Elder Care IQ assumes no responsibility or liability for any damages or losses incurred by you because of any dealings with such third parties. Elder Care IQ does not control these third parties; therefore, Elder Care IQ assumes no responsibility for inaccurate, misleading, or unlawful content made available by third parties regarding their products or services.

You should use your independent judgment regarding any products or services promoted by third parties and found on Elder Care IQ’s site.

Disclaimer:

You acknowledge and agree that Elder Care IQ’s Site, Services, and content (including all third-party content) included on this Site are provided to you on an “as-is” and “as available” basis. Elder Care IQ and its Associates (defined as officers, directors, employees, agents, personal representatives, affiliates, and successors) make no representations or warranties of any kind, either express or implied, including but not limited to, any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. You expressly agree that your use of our Site, Services, and content, is at your sole risk.

Elder Care IQ expressly disclaims any warranties, covenants, or representations that the content on this Site is accurate, reliable, current, complete, or error-free. For example, this Site contains data relating to investigation reports regarding complaints of maltreatment, abuse, neglect, and/or exploitation of long-term care residents and recipients of home care services or home health care services in Minnesota. This data is from the MN Department of Health’s website. There are limitations to the Minnesota Department of Health’s data relating to these investigation reports. The data are subject to occasional errors. It does not contain the most current information. This data also can include combined references to multiple facilities under the ownership of one entity. Elder Care IQ is not responsible for these data limitations.

Limitation of Liability:

To the maximum extent permitted by applicable law, Elder Care IQ and its Associates shall in no event be liable to you or any third party for any damages, including but not limited to, special, incidental, indirect, punitive, consequential, or any other damages, including but not limited to, lost profits, revenue, or business, relating to this Site and Services.

You agree that Elder Care IQ and its Associates shall not be liable for user-generated content or conduct of any third party included on this Site, and that you are responsible for the risk of harm or damages from such user-generated content or third-party conduct.

Indemnification:

You shall defend, indemnify, and hold harmless Elder Care IQ and its Associates (i.e., its officers, directors, employees, shareholders, independent contractors, agents, successors, licensees, representatives, and affiliates, from and against any claim, action, expense, or demand, including but not limited to attorneys’ fees, arising from your use of this Site and Services, or your violation of our Terms of Use or other policies.

Termination:

Elder Care IQ may terminate or suspend these Terms of Use and your access to this Site and Services at any time, for any reason, and without prior notice.

Changes to the Site and Services:

Elder Care IQ reserves the right to change, suspend, or cease providing all or any part of its Site and Services at any time, for any reason, and without prior notice.

Changes to These Terms of Use:

Elder Care IQ reserves its right to change the Terms of Use without notice at any time. Changes made to the Terms of Use policy will go into effect immediately once the revised Terms of Use are posted on this page of our Site. If you continue to use this Site after the revised Terms of Use are posted, you agree to be bound by the revised Terms of Use.

We encourage you to review these Terms of Use periodically for any changes.

Governing Law:

You agree that any dispute arising from this Site and your use of the Services will be governed by the laws of the State of Minnesota, without regard to principles of conflict of laws.

Copyright Infringement:

It is Elder Care IQ’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including responding to notices of alleged copyright infringement and other intellectual property laws. If you believe in good faith that content on our Site infringes your copyright, you or your representative may send Elder Care IQ a written notice that includes the following information:

1. Identification of the copyrighted work you claim was infringed;
2. Identification of the material on our Site that you claim is infringing your copyright;
3. Your address, e-mail address and telephone number so we may contact you;
4. A statement that you have a good faith belief that the material that is claimed to infringe your copyright is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in your notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send your notice to the following address:

Elder Care IQ
ATTN: Legal Department
info@eldercareiq.com

Miscellaneous:

If any part of these Terms of Use is determined to be unlawful, invalid, or unenforceable, these Terms of Use as a whole shall not be deemed unlawful, invalid, or unenforceable, but only the part of the Terms of Use that is unlawful, invalid, or unenforceable shall be stricken from these Terms of Use.

These Terms of Use and the Privacy Policy represent the entire agreement between you and Elder Care IQ regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

Contact Us:

If you have any questions about these Terms of Use or our Site and Services, please contact Elder Care IQ at info@eldercareiq.com.