Terms
NOMINATION AGREEMENT - USE OF INFORMATION
I understand that Home Instead, Inc., The Experience Firm, HandyBand Collective, and Central Texas Allied Health Institute may review any or all nominations made through this submission form. I understand that by submitting my nomination, I am giving permission to be contacted about my nominee and, if selected, I will be responsible for connecting The Experience Firm with my nominee.
NOMINATION AGREEMENT - SELECTION CRITERIA
I understand that purpose of this project is to identify, connect with, and assist as many aging adults as possible who meet the criteria. I understand that the criteria include, but are not limited to, the type of home improvement work that needs to be done, the availability of the nominee and residence where the work is to be performed, and the proximity of the nominee's home to the City of Austin. I understand that in some, but not all, cases the willingness to appear in a video interview and have repairs filmed may be taken into consideration. I understand that The Experience Firm reserves to right to make all final decisions regarding the receipt of services, that there is no guarantee regarding the amount of money spent on any individual recipient, and that such decisions may be based on internally-determined goals for the Deliver Some Love project. I understand that The Experience Firm may not be able to respond to all submissions and that HandyBand Collective may not be able to provide services to all who are nominated.
PRIVACY POLICY
All information submitted through this site is the sole responsibility of The Experience Firm and will be shared only with the partners listed and only for purposes of providing no-cost services to aging adults. No information received through this site will be shared outside of this project, sold, or otherwise transferred to any third party in any way. Furthermore, no information will be shared with the public without the express written permission of the owner of the information.
FULL TERMS OF USE
The Experience Firm is a business consultancy offering experiential design and audience engagement services (“Experience Firm”) (“We, Us, Our”) and has created this site (“Site”) to further the “Deliver Some Love Project,” a social purpose initiative in conjunction with Home Instead, Inc., StoryChef Media, HandyBand Collective, & Central Texas Allied Health Institute (collectively, “Partners”). By using this Site, you agree to these terms and conditions. If you do not agree, you should not use this 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. These changes go into effect on the “Last Updated” date shown in the Terms of Use. 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 may read above.
Site Purpose
This Site and the Deliver Some Love Project has various objectives to provide assistance and support to the aging community. One purpose of this Site is to nominate seniors in a contest for complimentary home improvement or home repairs. All information collected through this contest is subject to Our Privacy Policy. Another purpose is to collect public donations to fund this contest, which will allow a greater number of seniors to be selected. Opting to donate will take you to our partner Central Texas Allied Health Institute’s independent site and any information provided will be subject to their Terms of Use and Privacy Policy, which is not controlled by Us.
International Use
We are located in the United States and the Site is targeted to audiences in the United States only. If you are visiting the Site from a country than the United States please do not submit any information that identifies (directly or indirectly) an individual (“Personal Information”). If you do submit Personal Information, you agree that our collection, use and disclosure of such Personal Information will be governed in accordance with our Privacy Policy.
Age of Use
By using this Site and submitting any information, you agree that you are 18 years of age or older.
Restrictions
When using the Site, or participating in any services offered through the Site, you agree not to:
Send spam or any other form of duplicative or unsolicited messages, to any third party or any other user of the Site;
Commit or attempt to commit actions of fraud, bribery, corruption, abuse, or illegally attempt to obtain sensitive and personal information from any person or user of the Site.
Harvest, collect, gather, or assemble information or data regarding other users of the Site without their express, written consent;
Transmit through or post on the Site unlawful, libelous, infringing, defamatory, threatening, vulgar, or obscene material or material that might be harmful to minors;
Knowingly transmit material containing software viruses or harmful computer code, files, scripts, or programs;
Knowingly interfere with or disrupt the Site’s integrity or performance;
Decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code from the Site or from any other information by any means whatsoever; or
Modify or create a derivative work of the Site or any portion thereof.
You are solely responsible for providing, maintaining and ensuring compatibility with the Site’s access requirements, all hardware, software, electrical or other requirements for your use of the Site, including telecommunications and internet service provider access, links, web browsers or other equipment and services required to access the internet or use the Site. You acknowledge that the Site may be inoperable or inaccessible for any reason, including periodic maintenance or repairs or other causes beyond our control. You agree we are not responsible for your inability to access the Site for any reason.
Copyright and Trademarks
This Site contains material which is the property of The Experience Firm, Home Instead, Inc., StoryChef Media, HandyBand Collective, & Central Texas Allied Health Institute and which is protected by United States and international copyright, trademark and other intellectual property laws. Home Instead® is a registered trademark of Home Instead. All content posted on this Site is the sole and exclusive property of its respective owners. 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, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO 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.
We 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 or any services arising out of your use of this Site. You hereby waive any and all claims you may have against us or Home Instead, Inc., StoryChef Media, HandyBand Collective, & Central Texas Allied Health Institute and any agents of the foregoing for damage or injury to person or property sustained by you or any persons claiming through you due to your use of this Site or any Services arising out of your use of this Site.
Limitation of Liability
Under no circumstances shall we or our Partners, or our 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 our Partners and us, and all of our respective directors, shareholders, employees, affiliates, agents, representatives, vendors, 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 Home Instead or any third party content provider of the Site, or any other third party’s intellectual property, confidentiality, or other rights.
Indemnification
You agree to hold us and our Partners, and our directors, shareholders, officers, employees, affiliates, agents, representatives, and vendors harmless from any demands, loss, liability, claims or expenses, including reasonable attorneys’ fees, made against us or Partners by any third party arising out of or related to your violation of these Terms of Use or your use of the Site.
Submission
Our use of any Personal Information you provide to us as part of the nomination submission process is governed by the terms of our Privacy Policy.
Termination
We may cancel, suspend or terminate your right to use the Site or a portion thereof at any time. 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 us and you with respect to your use of the Site and all 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.
Access to Collected Information
For questions related to updating or changing your information, you can:
- Email us at info@experiencefirm.com
- Write to us at: Experience Firm Enterprises Inc, 5114 Balcones Woods Dr #307-441, Austin, TX 78759 ; or
- Call us at: 1.512.522.0022
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 US 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 OUR 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 WE 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 WE 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 Texas, 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 will be filed only in the state or federal courts located in Travis County, Texas. 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 us 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.
