Terms Conditions & Disclaimer

Welcome to the website of Total Care Solutions, LLC dba Leading Edge Senior Care (“Leading Edge Senior Care” “we” or “us” or “our”). Leading Edge Senior Care is pleased to make available for your use and benefit the websites located at the following: https://leadingedgeseniorcare.com

Please read the following terms and conditions carefully. By using the Site, you agree to these terms and conditions. If you do not agree, do not use the Site. These Terms of Use apply to your access and of the Site and shall control over any other agreement you may have with Leading Edge Senior Care, with regard to access or use of the Site.

Because the Internet is an evolving medium, we may need to change these Terms of Use or impose new conditions on the use of this Site, from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use. We also have a Privacy Policy, which you should read and may access by clicking on the following link. Privacy Policy

Copyright and Trademarks

This Site contains material which is the property of Leading Edge Senior Care, and which is protected by United States and international copyright, trademark and other intellectual property laws. All content posted on this Site is the sole and exclusive property of Leading Edge Senior Care. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing license rights.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Leading Edge Senior Care DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Leading Edge Senior Care DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE 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 AVAILABLE, 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.

Leading Edge Senior Care shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this site.

Limitation of Liability

Under no circumstances shall Leading Edge Senior Care, its subsidiaries, or its Affiliates 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 the content, services, or hyperlinks made available on the Site even if we have been advised of the possibility of such damages. If you are dissatisfied with the Site, or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless Total Care Solutions LLC, dba Leading Edge Senior Care and all of our respective directors and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of the intellectual property rights of Leading Edge Senior Care or any third party content provider of the Site.

License to Submitted Content

By posting messages, uploading files, or otherwise providing any material to us for display on the Site, you are granting Leading Edge Senior Care a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Registration

To use certain features of the Site, you may be required to register with Leading Edge Senior Care on the form provided on the Site. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Leading Edge Senior Care in its sole discretion, deems offensive or inappropriate. Leading Edge Senior Care has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable

grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords. Leading Edge Senior Care will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Termination

Leading Edge Senior Care 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 of Use, shall survive your discontinued use of the Site.

Entire Agreement

These Terms of Use constitute the entire agreement between Leading Edge Senior Care and you with respect to your use of the Site, and all information (including Confidential Information) obtained by you from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.

Arbitration and Waiver of Certain Rights

In the event of any dispute, claim, question or disagreement arising from or relating to this Agreement 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. NEITHER YOU NOR LEADING EDGE SENIOR CARE MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR LEADING EDGE SENIOR CARE’S INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND LEADING EDGE SENIOR CARE EACH WAIVE ANY RIGHT TO A JURY TRIAL. THIS SECTION LIMITS CERTAIN

RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LEADING EDGE SENIOR CARE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms of Use will survive the termination of your use of the Site.

General Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Arizona, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use or the Site, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in Maricopa County, Arizona. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. Any provision of these Terms of Use 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 of Use shall continue in full force and effect. Neither these Terms of Use, 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 Leading Edge Senior Care 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.

For questions related to updating or changing your account information, please send e-mail to info@leadingedgeseniorcare.com or contact us at:

Leading Edge Senior Care

1350 E McKellips Rd.

Mesa AZ 85203

Disclaimer

We offer certain resources on this website (www.leadingedgeseniorcare.com) solely for information purposes, not as specific advice on how to plan or manage your home care. Therefore, we cannot promise that using this information will protect you or your loved one from accidents, medical or psychological problems, difficulties arising from treatment, or other issues. Please always consult with a professional who can apply best practices to your particular situation. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE INFORMATION ON OUR WEBSITE, AND WE DISCLAIM ALL LIABILITY FOR ANY INJURIES OR HARM ARISING FROM OR RELATED TO YOUR USE OF THE INFORMATION ON OUR WEBSITE. BY ACCESSING THIS INFORMATION, YOU AGREE TO ASSUME THE RISK OF ANY INJURY OR HARM THAT MAY RESULT TO ANY PERSON RESULTING IN WHOLE OR IN PART FROM YOUR ACTIONS OR INACTIONS, OR THE ACTIONS OR INACTIONS OF ANY PERSON. YOU AGREE TO INDEMNIFY AND DEFEND US AND HOLD US HARMLESS FROM AND AGAINST ALL COSTS AND LIABILITIES OF ANY KIND ARISING FROM OR RELATED TO THIS INFORMATION OR THE USE THEREOF. 

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