Last Updated February 23, 2022
These terms and conditions (the "Terms") constitute an agreement between you and Honor Technology, Inc. ("Honor"). When we speak about Honor, “we”, “us” and “our” mean Honor and its affiliate companies, including Home Instead, Inc. Your use of this site as well as all other website owned and operated by Honor (the “Site”) and/or the Expert Services (defined in these Terms) provided by Honor through or in connection with the Site is conditioned upon your acceptance of these Terms as presented to you. By accessing or using our Site or Expert Services, you agree to be bound by these Terms and all terms incorporated by reference, so please read the Terms closely. If you do not agree to the Terms, please do not use or access the Site.
Because the Internet is an evolving medium, we may need to change these Terms or impose new conditions on the use of this Site, from time to time, in which case we will post the revised Terms on this Site. Please check these Terms periodically to inform yourself of any changes. By continuing to use this Site, you accept these Terms, including any modifications made as of the date of your use.
These Terms do not in any way alter the terms and conditions of any other agreement you may have with us for services, products, or otherwise.
To use the Site and/or the Expert Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Site and/or Expert Services by the laws of the jurisdiction from which you access the Site and/or Expert Services.
The Nature of Our Expert Services
The goal of the Site is to help aging adults and their families or other loved ones. This Site is a place where you can find information, products, and services from Honor as well as from a broad array of third-party service providers (“Partners”) in industries to help aging adults and their families or other care givers with the aging journey (''Expert Services”). Honor’s Expert Services include:
- Resources and information related to nutrition, wellness and engagement, care planning, and home management, you can read and access on the Site directly; and
- Personalized assistance accessed by phone or chat to help you discover our or our Partner’s products and services that could help with your specific care needs.
Our Services are free to aging adults and their loved ones. This is possible because of the contractual relationship we have with our Partners – some Partners pay us to participate on the Site. Any recommendation we make about a Partner’s products or services is informational. You must make the ultimate decisions and judgments regarding your or your loved one’s needs.
Partners provide their products and/or services through the Site, but operate independently of Honor. If you purchase any of the products or services offered by our Partners, you are purchasing directly from these third parties, not from Honor. We are not responsible for examining or evaluating, and we do not warrant or guarantee the offerings of these businesses (including the content of their website). Honor does not assume any responsibility or liability for actions, product, and content of Partners or external website (as defined herein). You should carefully review Partner privacy statements and other conditions of use on their Site. Partners are responsible for the content and information they post on external websites and we do not control or vouch for the accuracy or completeness of that information. Honor does not assume any responsibility or liability for actions, services, and content of Partners or their external website.
Some of our Partners may provide placement services, which connect you or your family member with potential living options, including assisted living and retirement communities (“Communities”). Honor is not involved in individuals’ placement in Communities. Communities are solely responsible for decisions related to an aging adult’s acceptance into their care and for providing such care. This includes ensuring their employees have the relevant education, resources, equipment and are otherwise qualified to provide the services and care that they offer. We have no control over Communities’ employees or the conditions of Communities, including the acts and omissions of their employees and vendors.
Informational; No Endorsement; Not a Broker
As part of the Site, we provide you information or make a connection between you and a Partner. From that point, you will need to render your own independent judgment about whether a Partner’s products or services are the best option for your needs. We are a completely independent entity from any Partner and do not act on behalf of any of these companies. We do not endorse Partners, nor do we: 1) act as a placement or procurement service; 2) perform any medical assessment; or 3) participate in your decisions around the provision of products or services. You, your loved ones, and Partners and Communities that you decide to work with should determine the best option for your care. We do not broker, sell, or lease products or services belonging to Partners and we are not a party to any transaction between you and Partners.
No Professional Advice
You or your loved ones should always consult with your medical, legal, financial, and other professionals when it comes to your care and needs. Honor provides the information, resources, content and/or advice on the Site for informational purposes and is not intending to replace the advice of those professionals involved in your care. We expressly disclaim, and you expressly release Honor from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided through the Site or Services.
License to Use Site(s)
Provided you comply with these Terms, you are granted a limited, revocable, non-exclusive, nontransferable, non-sublicensable license to access and use the Site and the content, resource, and information they contain (“Site Resources”). You may not use the Site or the Site Resources other than for your personal use and in accordance with the Terms, or in any way that is unlawful or harms Honor. Should you use the Site or the Site Resources in an unauthorized, unlawful way or in opposite to these Terms, your license will automatically and immediately terminate, without limiting any other available remedies we have at law. Your use of the Site or Site Resources does not, unless otherwise stated, confer any license to Honor intellectual property rights.
Copyright and Trademarks
The Site and the Services contain material which is the property of Honor, and which is protected by United States and international copyright, trademark and other intellectual property laws. The names of Partners and their products and services on the Site may be trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties
THE SITE AND THE SITE RESOURCES (INCLUDING ALL THIRD PARTY CONTENT) AND ALL LINKS, EVALUATIONS, RECOMMENDATIONS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE Site AS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HONOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HONOR IS NOT RESPONSIBLE FOR PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION ANY PARTNER OR PARTNER. HONOR DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE Site OR ANY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE Site, OR THE SERVERS THAT MAKE THE Site, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Honor shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to the Site.
Limitation of Liability
Under no circumstances shall Honor, its subsidiaries, affiliates, agents, employees, directors, shareholders, or officers be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site or Site Resources, or the content, services, or hyperlinks made available on the Site even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that Honor is not liable for any defamatory, offensive, pornographic, or illegal content posted to the Site or for the conduct of any Site user. If you are dissatisfied with the Site, the Site Resources, or the content or services provided thereon or with these Terms, your sole and exclusive remedy is to discontinue using the Site.
The foregoing limitations, exclusions, and disclaimers of this “Limitation of Liability” section shall apply to the maximum extent provided by applicable law, even if any remedy fails its essential purpose. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Honor, whether in contract, warranty, tort (including negligence, whether active or passive), or other theory, arising of or relating to the use or inability to use the Site exceed the greater of USD $50.00 or any compensation you pay, if any, to Honor for access to or use of the Site. The limitations set forth in this section will not limit or exclude Honor’s liability for gross negligence, fraud, intentional, willful, malicious, or reckless misconduct. Some jurisdictions (such as Washington State) do not allow the exclusion or limitation of consequential or indirect damages, so the above limitation may not apply to you.
You agree to indemnify, defend and hold harmless Honor all of our and their respective officers, directors, employees, agents, and shareholders from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney’s fees arising from or related to any breach by you of these Terms or applicable law, your negligent or willful act or omission while using the Site, or your infringement of the intellectual property rights of Honor or of any Partner.
Honor may cancel, suspend or terminate your right to use the Site or a portion thereof at any time without notice. In the event of suspension, or termination, you are no longer authorized to access the part of the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive your discontinued use of the Site.
Arbitration and Waiver of Certain Rights
Please read this important section carefully.
In the event of any dispute, claim, question or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon written notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its commercial dispute resolution rules, unless you are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms or the Site, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in Douglas County, Nebraska. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. Any provision of these Terms that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms shall continue in full force and effect. Neither these Terms, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. No failure of Honor to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
Limitations on Use
You may not, without express prior written permission, do any of the following while accessing or using the Site: (a) tamper with, or use non-public areas of the Site, or the computer or delivery systems of Honor and/or the Partners; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Honor (and only pursuant to those terms and conditions) or unless permitted by Honor; (d) scrape the Site; (e) use the Site to send altered, deceptive, or false source-identifying information; (f) post obscene or inappropriate material; or (g) interfere with, or disrupt, (or attempt to do so), the Site, including, without limitation, by sending a virus to, spamming, or overloading the Site, or by scripted use of the Site in such a manner as to interfere with or create an undue burden on the Site.