Terms of Use

Agreement to Legal Terms

These Terms of Use ("Terms" or "Terms of Use") form a legal agreement between you, the end user, and Tender Home Care LLC, an Indiana limited liability company ("Tender Home Care," "we," "us," or "our"), concerning your access to and use of the website located at https://tenderhome.care, as well as any related websites, applications, and services provided or licensed by Tender Home Care that reference or link to these Terms (collectively, the "Site" or "Services").

These Terms govern your access to and use of the Site, including but not limited to the use of interactive features, plug-ins, portals, applications, content, downloads, and/or other online services. These Terms apply to everyone, including but not limited to visitors, users, caregivers, care recipients, and others who wish to access and use the Site.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.

If you are accessing and using the Site on behalf of another individual, organization, or entity ("IOE"), then you are agreeing to these Terms both individually and on behalf of that IOE. You represent and warrant that you have the authority to bind the IOE to these Terms. If so, then "you" and "your" refer to both you and your IOE.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Effective Date" of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Services after any revised Terms are posted constitutes your acceptance of those changes.

Your Relationship with Tender Home Care

Tender Home Care is a licensed Indiana Medicaid provider agency that helps families get paid for caregiving through the Structured Family Caregiving (SFC) program. We guide eligible Indiana residents through the Medicaid waiver enrollment process, connect them with the SFC program, and provide the ongoing oversight and compliance the state requires.

By accepting these Terms, you acknowledge and agree that Tender Home Care may send you messages and emails, as set forth in the "Consent to Electronic Communications" section below. Tender Home Care will not be responsible in any way, and you will not hold Tender Home Care liable, for any loss, injury, or claim of any kind resulting from your use of these emails and messages.

ALL INFORMATION PROVIDED ON THE SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY TENDER HOME CARE IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY. RELIANCE ON ANY INFORMATION PROVIDED BY TENDER HOME CARE IS SOLELY AT YOUR OWN RISK.

In connection with your use of the Services, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Any Protected Health Information ("PHI") will be subject to our HIPAA Joint Privacy Notice and not the Privacy Policy.

Tender Home Care is designed to support your ability to receive or provide home healthcare through Indiana Medicaid. THE CONTENTS OF THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE, AND ARE NOT INTENDED TO SUBSTITUTE FOR, PROFESSIONAL MEDICAL ADVICE. THE USERS OF THIS SITE ARE ENCOURAGED, AND ARE EXPECTED, TO CONSULT WITH PHYSICIANS, MEDICAL ADVISORS, AND OTHER APPROPRIATE HEALTH CARE PRACTITIONERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR GENERAL HEALTH ISSUES.

Tender Home Care qualifies and matches individuals based on the guidelines for care provided under Indiana Medicaid waivers. Tender Home Care is not responsible for any change to Medicaid requirements or criteria, nor any coverage determinations, rejections, or approvals made pursuant to Medicaid requirements.

No Medical Advice

The Site does not provide medical advice or medical services to you or anyone. Any patient treatment to any Site user is wholly separate from the Site. If you require health services, please contact your normal health care provider directly for professional evaluation and care. The Site is not a medical app, medical service, or medical device.

You acknowledge and agree that the Site is NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body. You agree that Tender Home Care has no responsibility for patient care, and that you and your medical provider are solely responsible for medical decision-making and care. Tender Home Care is solely providing the Site as a communication and informational tool and is not providing medical care in any way.

ALL INFORMATION AVAILABLE FROM THE SITE ON MEDICAL OR HEALTH TOPICS IS PROVIDED "AS IS," WITH ALL FAULTS AND DEFECTS, AND FOR CONVENIENCE ONLY. You agree to seek and obtain any and all diagnosis and treatment information from your selected physician or another member of your care team.

Scope of License

Tender Home Care grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Site and the Services solely in connection with the purposes for which the Site and its features were designed. You agree that all features of the Site may not work well or at all on any particular device or computer.

Subject to your compliance with these Terms, including the "User Obligations; Restrictions" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the content to which you have properly gained access, solely for your personal, non-commercial use.

Member Accounts and Logins

These Terms permit you to use the Site for your personal, non-commercial use only. You must not use the Site as part of any effort to compete with us or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your web browser for display enhancement purposes.
3. You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

1. Modify copies of any materials from the Site.
2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

Consent to Electronic Communications

When you provide us with your email and/or phone number or communicate with us electronically via email, text message, or messages via the Site, you consent to receive communications from us electronically through the number(s) or email you provide. Therefore, you agree to promptly notify us if you change your contact information by contacting us at info@tenderhome.care.

If you later decide that you do not want to receive future marketing communications electronically, please send an email to info@tenderhome.care. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms.

Even if you opt out, we may need to continue to send you certain communications electronically regarding your access and use of the Site, enrollment status updates, compliance reminders, and other service-related messages. You will not be able to opt out of those communications.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY TENDER HOME CARE OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

SMS and Text Messaging

If you provide your mobile phone number through our website, forms, or other communications with us, you consent to receive SMS text messages from us related to the Services, including but not limited to:

• Enrollment status updates
• Appointment confirmations and reminders
• Responses to your inquiries
• Service-related notifications

Message frequency may vary. Message and data rates may apply depending on your mobile carrier plan. You may opt out of receiving SMS messages at any time by replying STOP to any SMS text you receive from us. For help, reply HELP or contact us at info@tenderhome.care.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Carriers are not liable for delayed or undelivered messages.

Information That You Provide

We value the privacy of your information and comply with applicable privacy laws in processing the information you provide us. Our Site may include functionality that permits you to communicate with us or send us information. Whenever you interact with us and provide us information, we may collect that information (including your name, contact information, and technical information provided by your device such as IP address). We may use this information to respond to your request or communication, improve our Site and Services, comply with law, create aggregated or statistical data, and for other purposes as described in our Privacy Policy.

If you provide us the phone number or other contact information of any individual or entity other than yourself, then you represent that you have permission to provide us that information, and you will indemnify and defend Tender Home Care from all claims, liabilities, losses, and expenses (including attorney's fees) that we suffer or incur as a result.

User Obligations; Restrictions

You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with Tender Home Care's operation and management of the Site. You shall not do any of the following, which are all deemed material breaches of these Terms:

1. Distribute or make the Site available over a network where it could be used by multiple devices at the same time.
2. Access parts of the Site that you are not authorized to access, or attempt to circumvent restrictions imposed on your use or access of the Site.
3. Rent, lease, lend, sell, sublicense, reproduce in whole or part, act as a service bureau, grant rights in the Site, or otherwise redistribute or use our Site or content.
4. Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof.
5. Intercept, examine, or otherwise observe any proprietary communications protocol used by the Site.
6. Use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, or any other codes, instructions, or third-party software designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage, or disassemble the Site.
7. Use the Site to institute, assist, or become involved in any type of attack, including denial of service attacks.
8. Commit trespass or act in a manner that overburdens the capacity of our networks or servers.
9. Use or attempt to use the Site in any manner to harass, abuse, stalk, threaten, defame, harm, or infringe or violate the rights of any other party.
10. Impersonate any other person or entity when using the Site.
11. Create any apps, extensions, or other products or services that use our content without our permission.
12. Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
13. Use the Services to advertise or offer to sell goods and services.
14. Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.

Any attempt to do any of the foregoing is a breach of these Terms and will subject you to all remedies available to us under the law, including but not limited to contract breach, intellectual property infringement, and computer fraud and abuse claims.

Third-Party Content, Services, and Links

The Site may enable your access to websites, platforms, or services created or provided by third parties, display or make available content or materials from third parties, and provide hyperlinks to certain third-party websites ("Third-Party Materials"). Third-Party Materials are provided solely as a convenience to you and you are subject to any specific terms and conditions under which they are provided.

Tender Home Care does not create, endorse, sponsor, recommend, suggest, or have any responsibility for any Third-Party Materials. You acknowledge and agree that Tender Home Care is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials.

TENDER HOME CARE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THIRD-PARTY MATERIALS. WE DO NOT ENDORSE OR ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY MATERIALS.

Be aware of and read all third-party terms and privacy policies whenever you leave the Site. Your use of third-party websites is at your own risk.

User Generated Contributions

If the Services provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"), such Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy.

When you create or make available any Contributions, you thereby represent and warrant that:

1. Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions.
3. You have the written consent of each identifiable individual person in your Contributions to use the name or likeness of each such person.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, or other forms of solicitation.
6. Your Contributions are not unlawful, obscene, lewd, violent, threatening, harassing, defamatory, or otherwise objectionable.
7. Your Contributions do not violate any applicable law, regulation, or rule.
8. Your Contributions do not violate the privacy or publicity rights of any third party.
9. Your Contributions do not violate any applicable law concerning child exploitation or intended to protect the health or well-being of minors.
10. Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

Any use of the Site in violation of the foregoing violates these Terms and may result in termination or suspension of your rights to use the Site and legal action by us.

Contribution License

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We reserve the right, in our sole and absolute discretion, to edit, redact, or otherwise change or remove any Contributions; to re-categorize any Contributions; and to pre-screen or delete any Contributions at any time and for any reason, without notice.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided "AS IS" for your personal, non-commercial use only.

Except as set out in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Any breach of these intellectual property rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

Limitation on Use by Minors

The Site is intended for use by individuals who are at least eighteen (18) years of age. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Tender Home Care obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, we will use reasonable efforts to delete such personal information.

If you believe personal information from a person under eighteen (18) years of age has been collected through the Site, please contact us at info@tenderhome.care.

Suspension; Termination

Except as may be separately agreed in writing between you and Tender Home Care, we reserve the right to change, suspend, remove, disable, or terminate access to the Site at any time without notice, for any or no reason, and with no liability or responsibility to you. Tender Home Care may also impose limits on the use of or access to the Site, in any case and without notice or liability.

These Terms and your license to use the Site are effective until terminated by you or Tender Home Care. You may terminate your agreement with these Terms by ceasing all use of the Site. If you fail to comply with these Terms, your license to use the Site will terminate automatically without notice.

Upon any termination, you shall cease all use of the Site. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

Internet Disclaimer

Use of the Internet and the Site is solely at your risk and is subject to all applicable local, state, national, and international laws and regulations. Tender Home Care does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TENDER HOME CARE MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR PERFORMANCE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, OF NON-INFRINGEMENT, OF FUNCTIONALITY, OF AVAILABILITY, OF NETWORK CONNECTIVITY AND TRANSMISSION, THAT THE FUNCTIONS CONTAINED IN THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TENDER HOME CARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE.

Some jurisdictions do not allow the exclusion of certain implied warranties, so certain of the above exclusions and limitations may not apply to you.

Limitation of Liability

IN NO EVENT SHALL TENDER HOME CARE, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, OR LICENSORS (COLLECTIVELY THE "TENDER HOME CARE PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR SALES, LOSS OR CORRUPTION OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF TENDER HOME CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages, so these limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Tender Home Care and the Tender Home Care Parties from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorney's fees and other dispute resolution expenses) incurred by any Tender Home Care Party arising out of or relating to: (1) your use of the Site; (2) your violation or breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act toward any other user of the Services.

Ownership

The Site and its contents are licensed and not sold or transferred. Tender Home Care reserves all rights not expressly granted to you by these Terms. No portion of the Site may be reproduced in any form or by any means, except as expressly permitted by these Terms.

Governing Law and Jurisdiction

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. Your use of the Site may also be subject to other local, state, national, or international laws.

You irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Marion County in the State of Indiana in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Miscellaneous

These Terms and any other agreements posted on the Site or executed from time to time constitute the entire agreement between Tender Home Care and you in connection with your use of the Site and supersede any prior agreements regarding use of the Site.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.

DMCA and Legal Requests

DMCA requests or notifications such as copyright takedown requests under the Digital Millennium Copyright Act or domain-related complaints must be sent to info@tenderhome.care.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Contact Us

If you have questions or requests regarding these Terms, you may direct them to us using the following methods:

• Email: info@tenderhome.care
• Phone: (317) 555-0100
• Mail: 1234 Meridian St, Suite 200, Indianapolis, IN 46204
• Website: https://tenderhome.care

These Terms may not be copied, modified, or adopted without our prior written consent.