NON-MEDICAL SERVICES DISCLAIMER TRULIECARE LLC is a non-medical in-home personal care and wellness support company. TRULIECARE LLC is NOT a licensed home care services agency, medical provider, nursing agency, healthcare provider, physician practice, hospice provider, physical therapy provider, occupational therapy provider, or other medically licensed entity under the laws of the State of New York. Under no circumstances does TRULIECARE LLC provide medical advice, medical treatment, nursing services, medical monitoring, diagnosis, therapy, medication administration, wound care, injections, rehabilitation services, or any other skilled or licensed medical services. Nothing on this website, in any advertisement, marketing material, communication, or service agreement shall be construed as the practice of medicine, nursing, or any licensed healthcare profession. Any services provided through TRULIECARE LLC are strictly limited to non-medical personal support, companionship, wellness support, comfort care, daily living assistance, grooming assistance, bathing assistance, mobility assistance, supervision, and similar non-medical support services permitted under applicable New York law. To the extent any caregiver, aide, companion, or individual providing services through TRULIECARE LLC holds a certification, registration, or credential as a Home Health Aide (“HHA”) or otherwise, such individual is acting solely within the limited scope of permissible non-medical support services and is NOT providing skilled nursing care, medical treatment, or licensed healthcare services through TRULIECARE LLC. By utilizing the services of TRULIECARE LLC, each client, patient, family member, guardian, representative, and/or responsible party expressly acknowledges, understands, and agrees that: 1. TRULIECARE LLC is not a medical provider or licensed healthcare agency; 2. No medical services, nursing services, or healthcare treatment are being offered or provided; 3. Any assistance rendered is strictly non-medical in nature; 4. Clients remain solely responsible for obtaining and maintaining appropriate medical care, physician oversight, emergency medical services, medications, therapies, and healthcare treatment through properly licensed medical professionals and agencies; 5. TRULIECARE LLC does not supervise, direct, or assume responsibility for any medical decisions, diagnoses, treatments, or healthcare outcomes; and 6. In the event of a medical emergency, clients and/or their representatives should immediately contact 911 or an appropriately licensed medical provider. TRULIECARE LLC expressly disclaims any representation, warranty, or implication that it provides medical care, medical supervision, or healthcare services of any kind. Any reliance upon the services of TRULIECARE LLC for medical purposes is strictly prohibited and outside the intended scope of services offered by the Company. INDEMNIFICATION; RELEASE OF LIABILITY To the fullest extent permitted by law, each client, patient, family member, guardian, representative, and/or responsible party agrees to indemnify, defend, release, and hold harmless TRULIECARE LLC, together with its owners, members, managers, employees, independent contractors, aides, companions, agents, representatives, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, expenses, injuries, penalties, judgments, or attorney’s fees arising out of or relating to: (i) any misunderstanding or misuse of the non-medical services provided by TRULIECARE LLC; (ii) any reliance upon TRULIECARE LLC or its personnel for medical care, treatment, supervision, diagnosis, or healthcare services; (iii) the failure of the client or responsible party to obtain proper medical treatment or emergency medical care; (iv) any acts, omissions, injuries, medical conditions, emergencies, deterioration in health, hospitalization, or death unrelated to the limited non-medical scope of services expressly provided by TRULIECARE LLC; and/or (v) any breach of the terms, acknowledgements, representations, or obligations contained herein by the client or responsible party. By engaging the services of TRULIECARE LLC, the client and/or responsible party expressly acknowledges and agrees that all services are accepted at their own risk and within the expressly limited non-medical scope described herein. SECTION 1. WEBSITE TERMS OF USE 1. Acceptance of Terms Welcome to TRULIECARE LLC ("Company," "we," "our," or "us"). These Terms of Use (the "Terms") govern your access to and use of [INSERT WEBSITE URL], including all pages, digital features, downloadable resources, forms, content, products, services, subscriptions, communications, and functionality made available through the website (collectively, the "Site"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site. 2. Eligibility and Permitted Use You represent that you are at least eighteen (18) years old, or the age of majority in your jurisdiction, and legally capable of entering into a binding agreement. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates applicable federal, state, local, or international law, infringes any intellectual property right, interferes with security or operation of the Site, or harms the Company, its users, vendors, or third parties. You will be held liable for any use of the Site that is not in accordance with lawful purposes and these Terms. 3. No Professional Advice; Informational Use Only All information, content, education, downloads, blog posts, newsletters, examples, and materials made available on the Site are provided for general informational and educational purposes only. Nothing on the Site constitutes legal, medical, mental health, accounting, tax, financial, investment, employment, therapeutic, or other professional advice unless expressly stated in a separately executed written engagement signed by the Company. Your use of the Site does not create an attorney-client, physician-patient, therapist-client, fiduciary, advisory, confidential, or other professional relationship. The Company is not acting as your attorney through your use of this Site or any materials provided, and nothing contained herein shall be construed as the practice of law. 4. No Guarantees; Individual Results Vary The Company makes no guarantee regarding any particular outcome, financial result, business result, legal status, health outcome, accessibility status, website performance, conversion rate, regulatory result, or other result arising from use of the Site, the Company’s services, or any information obtained through the Site. Testimonials, case studies, examples, endorsements, before-and-after materials, or illustrative scenarios are not promises or guarantees of future results. No guarantees or representations, whatsoever in nature, are made. 5. Account Registration and Security If any portion of the Site requires account creation, login credentials, or access codes, you are responsible for maintaining the confidentiality of your username, password, one-time access links, and all activity occurring under your account. You agree to provide current, complete, and accurate information and to promptly update the same. We reserve the right to suspend, restrict, or terminate access if information is inaccurate, security is compromised, or your use violates these Terms. 6. Orders, Pricing, and Payment Authorization By placing an order through the Site, you represent that you are authorized to use the payment method submitted and that all billing information provided is true and complete. You authorize the Company and its third-party payment processors to charge the stated purchase price, applicable taxes, shipping charges, recurring charges if applicable, and any other amounts clearly disclosed at checkout. Prices, product descriptions, bonuses, availability, and offers may be modified at any time in the Company’s sole discretion prior to acceptance of an order. If you use a payment method that you are not authorized to use, you will be held responsible for any canceled payments or charges and the Company reserves the right under applicable State or Federal law for any damages resulting from such unauthorized use. 7. Digital Products, License Scope, and Restrictions Unless otherwise stated in a separate written license, digital products, templates, guides, downloads, trainings, forms, and other materials sold or provided through the Site are licensed, not sold, to the individual purchaser for the purchaser’s own internal business use only. You may not copy, share, upload, publish, transmit, sublicense, resell, distribute, display, train AI models on, create derivative resale products from, or otherwise exploit any digital product or Site content except as expressly permitted in writing by the Company. 8. Refunds, Chargebacks, and Cancellations All sales are subject to the Company’s then-current refund, return, cancellation, and rescheduling policies, which must be clearly posted or otherwise disclosed before purchase. You agree not to initiate an unwarranted chargeback or payment dispute for a purchase made in accordance with the disclosed offer terms. The Company reserves all rights to contest chargebacks and recover fees, costs, collection expenses, and reasonable attorneys’ fees to the fullest extent permitted by applicable law. 9. User Submissions and Communications If you submit comments, reviews, testimonials, images, videos, applications, messages, inquiries, suggestions, survey responses, or other materials to the Company through the Site, social media, email, forms, chat tools, or otherwise, you represent that your submission is truthful, non-confidential unless separately agreed in writing, and does not violate any third-party rights. Unless prohibited by law or separate written agreement, you grant the Company a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, edit, publish, display, and distribute such submission for business, marketing, testimonial, educational, compliance, and operational purposes. 10. Intellectual Property Rights The Site and all text, graphics, logos, trade dress, page layouts, compilations, buttons, forms, videos, audio, downloadable materials, trademarks, service marks, product names, workflows, copy, and other content are owned by or licensed to the Company and are protected by copyright, trademark, unfair competition, and other applicable laws. No right, title, or interest is transferred to you except the limited, revocable right to access the Site for personal or internal business use consistent with these Terms. 11. Prohibited Conduct You agree not to: (a) scrape, data mine, frame, mirror, or spider the Site; (b) reverse engineer or interfere with Site code or security; (c) upload viruses or malicious code; (d) impersonate any person or misrepresent affiliation; (e) post false, defamatory, obscene, harassing, threatening, infringing, discriminatory, or unlawful content; (f) interfere with any other user’s access; (g) bypass paywalls, passwords, license controls, or access limitations; or (h) use the Site to compete unfairly with the Company or build a substantially similar product. 12. Third-Party Tools, Links, and Embedded Content The Site may contain integrations, software tools, payment processors, embedded media, analytics tools, scheduling platforms, advertising technologies, social plugins, downloadable app links, maps, AI tools, or links to external websites operated by third parties. The Company does not control and is not responsible for the privacy, content, availability, accessibility, security, terms, or practices of third-party services. Your use of third-party tools or sites is at your own risk and subject to the third party’s own terms and policies. 13. ADA Accessibility and User Experience The Company is committed to making the Site more accessible and usable for all visitors. However, unless expressly stated otherwise, the Company does not warrant that the Site will at all times be fully accessible, uninterrupted, error-free, compatible with every browser, device, assistive technology, or free from delays, inaccuracies, or defects. Accessibility efforts are ongoing, and users are encouraged to contact the Company using the accessibility contact information published on the Site if they encounter barriers. 14. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, PRODUCTS, SERVICES, DOWNLOADS, COMMUNICATIONS, AND FUNCTIONALITY ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, OR THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE. 15. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, OR PERSONAL INJURY ARISING OUT OF OR RELATING TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USE OF THIS SITE IS COMPLETELY VOLUNTARY AND AT THE USER’S DISCRETION. 16. Assumption of Risk You knowingly and voluntarily assume all risk associated with your use of the Site, reliance on Site content, implementation of any ideas or materials obtained through the Site, submission of information online, use of third-party tools, downloads, and any business, personal, legal, health, or financial decisions you make in connection with the Site. 17. Release, Waiver, Hold Harmless, and Indemnification To the fullest extent permitted by law, you release, waive, and forever discharge the Company and its owners, members, officers, employees, independent contractors, agents, successors, assigns, and affiliates from any and all claims, demands, causes of action, damages, liabilities, losses, costs, and expenses, known or unknown, arising out of or related to your access to or use of the Site, your purchase or use of any product, your implementation of any template or educational material, your violation of these Terms, your violation of any law or third-party right, your content or submissions, or your dispute with any third party. You further agree to defend, indemnify, and hold harmless the Company and the foregoing parties from and against any third-party claims, actions, losses, liabilities, damages, judgments, settlements, penalties, interest, costs, and expenses, including reasonable attorneys’ fees, arising from or related to the same. This section shall survive termination and shall be construed as broadly as permitted under applicable law. 18. Electronic Communications and E-Sign Consent You consent to receive agreements, notices, disclosures, updates, records, and communications from the Company electronically, including by email, checkout page, account portal, clickwrap, website posting, or other electronic means where permitted by law. To the extent applicable, you agree that electronic signatures, assent buttons, checkbox acknowledgments, and electronic records satisfy any legal requirement that a contract or notice be in writing or signed. 19. Termination and Enforcement The Company reserves the right, in its sole discretion and without prior notice, to deny access to the Site, suspend accounts, remove content, refuse service, cancel orders, deactivate licenses, or pursue legal remedies if it believes you have violated these Terms, abused the Site, engaged in fraud, or created risk for the Company or others. 20. Governing Law; Venue; Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms, the Site, or any transaction with the Company shall be brought exclusively in the state or federal courts located in [INSERT COUNTY AND STATE], and each party irrevocably consents to such jurisdiction and venue. 21. Severability; No Waiver; Entire Agreement If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. No waiver by the Company shall be deemed a continuing waiver. These Terms, together with the Privacy Policy and any policies expressly incorporated herein, constitute the entire agreement between you and the Company concerning the Site unless superseded by a separate written agreement signed by the parties. 22. Changes to These Terms The Company may revise these Terms at any time by updating the effective date and posting the revised version on the Site. Your continued use of the Site after such update constitutes acceptance of the revised Terms to the fullest extent permitted by law. 23. Contact Information Questions regarding these Terms should be directed to: TrulieCare LLC 40 Marbledale rd, Tuckahoe, NY, 10707 [Info@TrulieCare.com
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