Effective Date: July 1st of 2008
The material on this site is furnished by ReviewSeniorCare.com., hereafter “RSC”,
as a service to provide general information about RSC, Our Services and products.
By accessing this site, you are stating your agreement with these policies. If you
do not agree with them, do not use the site or download any material from it.
In addition, RSC does not warrant or guarantee the availability for use or the accuracy
or completeness of the information, text, graphics, links, and other items contained
on this Website, server or any other server. If you decide to access any of the
third-party sites that are linked from this site, you do so at your own risk.
Purpose of the Site
This site is operated and may be used for informational purposes only. The information
on this site is general and should not be relied upon or used as the sole basis
for making significant decisions. RSC works to ensure that this site is accurate.
However, RSC cannot fully guarantee that the information on this site is accurate,
complete or current.
Disclaimer of Warranties and Limitation of Liability
The information contained on this site is furnished as is without any expressed
or implied warranty of any kind. In no event will RSC or any of its subsidiaries
be liable for any damages whatsoever arising out of the use of, or inability to
use, the information on this site.
PLEASE CHECK THIS PAGE FREQUENTLY FOR UPDATES. THE CURRENT VERSION OF THESE
TERMS AND CONDITIONS APPLY EACH TIME YOU USE THE SITE.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY
APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement (“Agreement”), is made by and between RSC (” “We,”
“Us,” or “Our”), a Illinois corporation with offices at
917 W. Washington Ave., Suite 102, Chicago, IL, 60607, and governs Our provision
of the Website(s): FirstImpressionInteractive.com, FI-Adv.com, FirstImpressionAdvertising.com,
ReviewSeniorCare.com, YourEmployment.com, and any services or products between Us and
you (“You,” “Your” or “Yourself”). This Website,
all products or services offered on this site, all text, pictures, graphics, logos,
button items, images, works of authorship and other information and all revisions,
modifications, and enhancements thereto (“Content”) are subject to the
following terms and conditions, which may be updated from time to time. Please read
these terms carefully, if you do not agree with any of these terms or conditions
or if any of the provisions are prohibited by your jurisdiction, country or other
applicable law DO NOT ACCESS or USE this website.
YOUR ACCESS AND USE OF ANY RSC WEBSITE CONSTITUTES YOU AGREEMENT TO BE BOUND BY AND
PRODUCTS, OR ANY INFORMATION CONTAINED ON THIS WEB SITE. YOUR ACCESS TO AND USE
OF THIS WEB SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND UNDERSTANDING OF EACH
OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU HAVE ANY QUESTIONS, VISIT THE
“CONTACT US” SECTION OF OUR WEB SITE TO SUBMIT QUESTIONS TO OUR CUSTOMER
2. Your Requirements:
Upon Your access or use of Our Website You will provide Us with true, accurate and
current information about Yourself as requested by Us. You further agree to promptly
update such information should it change or should additional information be required
by Us or applicable law. We reserve the right to request verification of, and You
agree to be subject to verification of any of the information provided by You.
You must meet the basic requirements listed below in order to access and use Our
- Age. By registering on this Web Site, You certify that You are eighteen (18) years
of age or older.
- Approved Locations. The Web Site is currently applicable only to those in the United
States of America. You must be physically located within the United States of America
while using the Web Site.
- Use Restrictions. You may not transfer, rent, lease, redistribute or re-license
the Products or Services or use the Products or Service Deliverables purchased from
the Website to provide data processing, outsourcing, service bureau, hosting services
or training to third parties. You will not disassemble, decompile, decode or reverse
engineer the Services, Products or Software except as expressly permitted by RSC.
3. Our Services:
All Services will be performed on a time and materials basis or as otherwise agreed
for each Service Ordered at Our then current rates (the “Services Fees”)
plus applicable Taxes, payable upon order or for any time and materials services
within ten (10) days after invoice date.
RSC will select the personnel and provide the Services directly or through a subcontractor,
and may reassign personnel if reassignment does not materially impede the performance
or schedule of Services.
4. Documentation and Copies:
You may not copy the Documentation provided by Us or Our third parties unless permitted
in writing by Us or Our third parties explicitly in writing.
5. Confidential Information:
“Confidential Information” means any Documentation, code whether source
or object, Products, Services and Service Deliverables and all other information
reasonably believed to be confidential, but excludes: i) information made available
to the general public without restriction by the disclosing Party or by an authorized
third party; ii) information known to the receiving Party independent of disclosures
by the disclosing Party; iii) information independently developed by the receiving
Party without access to or use of the disclosing Party’s Confidential Information;
or iv) information that the receiving Party may be required to disclose pursuant
to a valid and enforceable subpoena or other lawful process. The receiving Party
will immediately notify the disclosing Party of any obligations to disclose under
this Section so that the disclosing Party can appear and protect its interests.
We may disclose in confidence Your Confidential Information on a need-to-know basis
We will have the right of injunctive relief to maintain compliance with this Section
and prevent unauthorized disclosure, use or export of the Products, Services or
other Confidential Information.
You acknowledge and agree that (a) all text, pictures, graphics, logos, button items,
images, works of authorship and other information and all revisions, modifications,
and enhancements thereto ("Content") is the copyrighted work of RSC or its third
party content suppliers and is protected by copyright laws, (b) the domain (FirstImpressionInteractive.com,
FI-Adv.com, FirstImpressionAdvertising.com, ReviewSeniorCare.com, YourEmployment.com),
Our logo, all page headers, custom graphics and button icons are service marks,
trademarks and/or trade dress of RSC (collectively, "Marks"), and (c) all other trademarks,
product names, company names or logos on the Web Site are the property of their
respective owners. In addition to agreeing to comply with all applicable laws, You
agree You will not use any such Content or Marks from this Website for any purpose
without the appropriate prior written authorization.
7. Term and Termination:
The Term of this Agreement shall begin upon Your access to Our website, products
or services and terminate upon the completion of Your use of Our Services or Products
or as sooner terminated set forth below.
At Our sole discretion, We may terminate your usage of the Website without prior
notice for any reason or no reason at all, including without limitation, for (a)
any violation of any provision of this Agreement; (b) aiding in or promoting circumvention
of the Website; (c) acting against Our business interests or reputation; or (d)
otherwise acting unlawfully in relationship to RSC or the Website.
7.3 Termination of Website or Services.
RSC may cease offerings any products, services or in total this or any other of Our
Websites at any time and for any reason, in Our sole discretion.
8. Limited Warranty:
YOU AGREE YOU ARE NOT SUBJECT TO ANY RESTRICTIONS, LEGAL OR OTHERWISE THAT WOULD
PREVENT YOU FROM ENTERING INTO OR CARRYING OUT THE PROVISION SO THIS AGREEMENT.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT ALLOWED
BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
9. LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT RSC, INCLUDING
RSC’S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES,
PARENTS, SUCCESSORS AND THEIR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEYS FEES, EXPENSES AND COURT COSTS) OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE INCURRED BY YOU, WHETHER IN CONTRACT OR TORT, EVEN IF THE OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL NOT SEEK OR
APPLY FOR SUCH DAMAGES. FURTHER, WE SHALL NOT BE SUBJECT TO ANY CLAIMS OR AWARD
OF DAMAGES RESULTING FROM YOUR BREACH OF THIS AGREEMENT, YOUR OMISSIONS, YOUR FAILURE
TO ABIDE BY ALL APPLICABLE LAWS, RULES OR REGULATIONS, OR IN ANY WAY CONNECTED TO
YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE, PRODUCTS, ACCOUNT, MEMBERSHIP
BENEFITS, CONTENT OR SOFTWARE, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE,
OR RELIANCE UPON ANY LINKED WEBSITE, SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE
RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS;
FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO
THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY
IS IMPOSED UPON RSC, THEN YOU AGREE THAT RSC’S TOTAL LIABILITY FOR ANY OR ALL
YOUR LOSSES OR INJURIES UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE LEGAL
OR EQUITABLE CLAIMS ALLEGEDLY VIOLATED, SHALL NOT EXCEED $100.
You shall, at its expense, defend or settle any suit or claim brought against Us
and shall indemnify Us from and against any and all damages, losses, liabilities,
expenses (including reasonable attorneys' fees and costs, but only to the extent
that those costs and fees were not for duplication of the efforts of competent counsel
retained by You at Your expense) arising out of or relating to any claim that RSC’s
or RSC’s Partners possession or use of any information, documentation, services
or other deliverables provided by the You, infringes any copyrights, confidentiality
rights, trade secret rights, trademark rights, patent rights and other intellectual
property rights of a third party enforceable under United States federal or state
law, UK law, Canadian Law, or International Treaty.
You shall, at its expense, defend or settle any suit or claim brought against Us
and shall indemnify Us from and against any damages, liabilities, losses, penalties,
costs and expenses (including reasonable costs and attorney’s fees, but only
to the extent that those costs and fees were not for duplication of the efforts
of competent counsel retained by You at Your expense), based on third party claims
for bodily injury, death or damage to real or tangible personal property to the
extent proximately caused by the negligence or willful misconduct of Subcontractor
while engaged in the performance of Services.
11. GOVERNING LAW AND MANDATORY ARBITRAION:
11.1 Governing Law:
The Agreement is governed by Illinois law (without regard to conflicts of laws principles).
All of the terms of the Agreement shall be enforceable to the full extent allowed
by Illinois law. If Illinois law changes in any manner contrary to the express terms
of the Agreement, those changes will not govern the Agreement to the extent that
those changes can be lawfully waived by contract.
No litigation, arbitration or other action relating to the Use of this Site, Products,
Services, Limited Offering, or the Agreement may be brought if the cause of action
has been known by the injured Party more than 2 years.
Each Party will pay (without reimbursement) its own legal fees and expenses incurred
in any dispute.
11.2 MANDATORY ARBITRATION:
You understand and agree that all claims, disputes, or controversies between under
this Agreement or as it regards to Your use of the Website or our Services, including
but not limited to tort and contract claims, claims based upon any federal, state,
or local statute, law, order, ordinance, or regulation, and the issue of arbitrability,
shall be resolved by final and binding arbitration using the American Arbitration
Association's (AAA) Commercial Arbitration Rules (AAA Rules) in effect on the date
of initiation of the arbitration, except as to those AAA Rules that conflict with
or differ from this Agreement, by one or more arbitrators appointed in accordance
with the said rules at a location determined by the arbitrator(s). The arbitrator
shall be a lawyer with more than ten years experience or a retired or former judge.
The arbitrator shall be independent of and unrelated to You. NEITHER YOU NOR WE
SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER
CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN
A PRIVATE ATTORNEY GENERAL CAPACITY. Unless prohibited by applicable law, RSC and
You each voluntarily and knowingly waive their right to a trial by jury for any
12.1 Standard Procedures.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use
of information, We have used appropriate industry standard procedures to protect
the confidentiality of Your personal information, such as firewall, encryption,
application proxies, and monitoring technology of Our network and its data. However,
no data transmitted over the Internet can be completely secure. As a result, while
We strive to protect Your personal information, We cannot guarantee the security
of any information that You transmit to Us or from Our Partners and You do so at
Your own risk.
12.2 No Tampering.
You agree not to tamper with the proper functioning and tracking of the Website.
Emulating or "faking" search usage and Web Site visits will lead to termination
of Your account and may lead to legal action.
12.3 Unauthorized Use.
ANY UNAUTHORIZED USE OR ENTRY INTO A RSC WEBSITE IS PUNISHABLE BY LAW, AND WILL BE
PROSECUTED TO THE FULL EXTENT OF THAT LAW.
13. Other Terms:
13.1 RSC’s Third Party’s:
RSC does not warrant, guarantee, or insure the quality of any product or service
offered by any of the RSC Partners either directly offered through our website or
indirectly through a solicitation you may receive. Your relationship with Our Partners
is directly with that Partner whether We deliver goods or services on Our Web Site,
including payment for and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are solely
between You and such Partner. You agree not to hold RSC liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
content provided by such Partners through the Web Site.
You may not assign any license, right or right to receive services including this
Agreement, or transfer any rights or obligations under the Agreement. RSC may transfer
the Agreement in connection with a merger, reorganization, sale or transfer of all
or substantially all of the assets of RSC or its applicable operating subsidiary
RSC may (in any presentations, press release, advertising or publicly-disseminated
materials) refer to You, including, for example: Your use of the products or services
and or your business needs and reasons for selecting RSC.
All notices required under the Agreement must be in writing and delivered electronically
or by other method providing for proof of delivery, to the attention of the Party’s
president or managing director (unless a different recipient or address has been
designated by notice to the other Party).
Other communications may be delivered by fax, e-mail or other written means.
All services provided by RSC will be provided as an independent contractor, and neither
RSC or You will be, or represent itself to be, the franchiser, franchisee, agent,
legal representative or fiduciary of the other party.
The Agreement may be amended only in writing signed by the Parties, except that
RSC may amend this Agreement or any other applicable order to correct errors without
increasing fees or rates.le and the remainder will remain in full force and effect.
If any part of this Agreement is held to be unenforceable, the unenforceable part
shall be given effect to the greatest extent possible and the remainder will remain
in full force and effect.
13.7 RSC Contact or Other RSC-Provided Information:
By signing up on the Web Site, You are opting-in to receive Our newsletters by email,
other special offer emails, and/or third-party emails. If You do not wish to receive
these emails, You may opt-out at any time, by following the directions in the Privacy
Policy or that specific communication.
13.8 Entire Agreement:
RSC may post on this Website constitute the entire Agreement between You and Us and
supersede all prior agreements between the parties regarding the subject matter
contained herein. No failure of either party to exercise or enforce any of its rights
under this Agreement will act as a waiver of such rights.