Terms and Conditions

  1. Agreement. These Terms and Conditions apply to the web site with a home page located at www.eldermark.com (the “web site” or “Site”). These Terms and conditions are a legal and binding agreement between you, the person viewing or using this Site, and i94 Exchange LLC.

    By using this web site you are agreeing to these Terms and Conditions. Any violation of these Terms and Conditions may lead to denial of access to the web site as well as any other applicable legal remedy. If you do not agree to these Terms and Conditions you must not use this web site. All visitors to or users of this web site are referred to as “users,” “you,” or similar terms. This web site is owned and operated by i94 Exchange LLC (“Eldermark LLC,” “us,” “we,” or similar terms).

  2. Updates and Changes. We reserve the right to modify these Terms and Conditions, as well as our Privacy Policy, at any time. Such changes, including retroactive changes, are effective once posted on this or a similar page of our web site. This entire Site, specific pages or features of this web site may be discontinued or changed without notice.

  3. Last Update. This Site was last updated on February 28, 2014.

  4. Access. You agree that you will not attempt to access any restricted or secure portion of this Site to which you have not specifically been granted access.

  5. Comply with Laws. Users must comply with all applicable laws and regulations.

  6. Term and Termination. This Agreement begins on the date you first access this web site, and continues for a term of one (1) year, after which this Agreement automatically renews for additional terms of one (1) year each. This Agreement automatically terminates if you breach any term of the Agreement, or immediately upon notice from Eldermark LLC, which may terminate this Agreement at any time, for any reason or no reason. When this Agreement terminates, you agree to immediately stop using or accessing this Site and to destroy all copies of content or information from this Site. All terms which by their nature at intended to survive expiration or termination of this Agreement do survive.

  7. Copyrights and Trademarks. All content, materials, images, information, software and other items on or accessed directly through this web site (collectively, the “Content”) belong to Eldermark Exchange, its third party licensors, or clients. Permission is granted to temporarily download one copy of the Content for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the Content;
    2. use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on this web site;
    4. remove any copyright or other proprietary notations from the Contents; or
    5. transfer the Content to another person or “mirror” the Content on any other server.

    The Content is protected by United States and foreign copyright, trademark and other laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All rights not expressly granted are reserved.

  8. Communication with You. You agree that we may communicate with you, by email or any other method or contact information you have provided to us.

  9. Privacy and Security. You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. However, we can not and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.

  10. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER Eldermark LLC, NOR ANY PERSON OR COMPANY ASSOCIATED WITH Eldermark LLC, INCLUDING CLIENTS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

    THE TOTAL AGGREGATE LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 1.00 (ONE DOLLAR). THIS LIMITATION FAIRLY REFLECTS THE FACT THAT Eldermark LLC DOES NOT CHARGE FOR ACCESS TO VIEW THE CONTENT OF THE WEB SITE. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  11. NO WARRANTY. ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Eldermark Exchange MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE OR LINKED TO BY THE WEB SITE IS AT YOUR SOLE RISK. Eldermark LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE OR FROM LINKED WEB SITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. SOME LINKS IN THE SITE MAY LET YOU LEAVE THE WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Eldermark LLC AND Eldermark LLC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Eldermark LLC OF THE LINKED SITE. YOU AGREE THAT Eldermark LLC SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEB SITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEB SITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEB SITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

  12. Indemnity. You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of the web site or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership or these Terms of Use.

  13. Governing Law and Jurisdiction. You agree that the only proper jurisdiction and venue for any dispute with Eldermark LLC or any of the other Covered Entities, or in any way relating to your use of this web site or your relations with Eldermark LLC or the Covered Entities, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Eldermark LLC or the Covered Entities. Any claims arising form or related to your use of this web site or relating to your relationship with Eldermark LLC or the Covered Entities will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms of Use or your use of the web site will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. You agree that in the event you have or may have any alleged claim against Eldermark LLC or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Eldermark LLC or any Covered Entity.

  14. Miscellaneous. If any provision of these Terms and Conditions is held to be overbroad, invalid, or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Users may not sell, assign, or otherwise transfer any rights under these Terms and Conditions. Eldermark Exchange may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

  15. Contact Information.
    5610 Rowland Road, Suite 130
    Minnetonka, MN 55343

    Tel: (952) 931-9660
    info@eldermark.com