Terms & Conditions

In these Terms, the following definitions apply:

• “Client” (or “you”) means the individual, legal entity, or other party who uses or requests our Home Care services or uses our website.
   
• “Services” means the home care, assisted living support, companionship, or other care services offered by us, as well as any features, content, or functionality on our website.
   
• “Home Care Agreement” means a separate agreement (written or electronic) between us and you describing specific care services, charges, schedules, obligations, etc.
   
• “Confidential Information” means information that is not generally known to the public and which relates to your personal health, finances, or private matters.

2.1 Permitted Use. You may access and use our website and Services solely for lawful purposes, in compliance with these Terms and all applicable laws and regulations.

2.2 Restrictions. You agree not to:

• use the website or Services in any way that could disable, overburden, or impair the site;
   
• attempt to gain unauthorized access to any part of the site or Services;
   
• transmit viruses, malware, or other harmful code;
   
• post or transmit objectionable content (defamatory, obscene, libelous, illegal, etc.);
   
• use the website to solicit others to commit unlawful acts.
   

2.3 Accounts & Credentials. If you register for an account or set up login credentials, you are responsible for maintaining the confidentiality of your credentials and all activity under your account.

3.1 Accuracy of Information. You agree that any information you provide to us (via forms, communications, assessments, etc.) is accurate, complete, and up to date.

3.2 Acceptance or Refusal. We reserve the right, in our sole discretion, to accept or refuse to provide services for any reason — including but not limited to incomplete or misleading information, safety concerns, or capacity constraints.

3.3 Home Care Agreement. Before services begin, you (or your authorized representative) and we will enter into a Home Care Agreement setting forth:

• scope and schedule of care;
   
• rates, fees, and billing terms;
   
• termination and cancellation provisions;
   
• responsibilities of each party;
   
• insurance, indemnification, and liability clauses.
   

3.4 Changes to Services. If you request changes (e.g. additional hours, new tasks) we will confirm any additional fees or adjustments in writing (e.g. via amendment to the Agreement).

4.1 Fees & Estimates. All fees will be as stated in your Home Care Agreement or other documentation we provide. Estimates (if any) are not binding unless confirmed in writing.

4.2 Billing & Payment Terms. Payment is due as set out in the Home Care Agreement (e.g. weekly, biweekly, monthly). You authorize us to bill your designated payment method.

4.3 Late Payments & Nonpayment. If payments are late or not made:

• We may charge interest or late fees (within legal limits).
   
• We may suspend or terminate services until payment is brought current.
   
• We may seek collection or legal remedies, with you bearing related costs.
   

4.4 Refunds. Refunds (if any) are subject to the provisions in the Home Care Agreement and our refund policy.

5.1 Term. The term of the Home Care Agreement is as specified therein. These Terms continue to apply while you use our Services or website.

5.2 Termination by You. You may terminate service upon [notice period, e.g. 7 days] written notice, subject to any cancellation fees specified in the Home Care Agreement.

5.3 Termination by Us. We may suspend or terminate services and/or website access if:

• you breach these Terms or the Home Care Agreement;
   
• nonpayment occurs;
   
• we cannot safely continue services; or
   
• other valid reasons.
   

5.4 Effect of Termination. Upon termination, you remain responsible for all fees and charges accrued up to the effective termination date, and you must pay for services already rendered.

6.1 Limitation of Liability. To the fullest extent permitted by law, we disclaim liability for:

• indirect, incidental, special, consequential, or punitive damages;
   
• lost profits, loss of data, or loss of business opportunities;
   
• acts beyond our control (force majeure).
   

Our total liability for any claim arising from or related to these Terms or Services will not exceed the fees you paid us for the specific service(s) giving rise to the claim.

6.2 Indemnification. You agree to defend, indemnify, and hold us (and our affiliates, officers, employees, agents) harmless from any third-party claims, liabilities, damages, costs, or expenses (including attorneys’ fees) arising out of:

• your misuse of the Services or website;
   
• your breach of these Terms or the Home Care Agreement;
   
• your violation of any law or rights of a third party.
   

6.3 Disclaimer of Warranties. The Services and website are provided “as is,” without warranties of any kind (express or implied), including warranties of merchantability, fitness for a particular purpose, title, or noninfringement. We do not guarantee that Services will be uninterrupted, error-free, or free of defects.

7.1 Our Content. All content, trademarks, logos, text, images, software, and other materials on our website are owned or licensed by us or our licensors. You may not reproduce, distribute, modify, or create derivative works thereof without our express written consent.

7.2 Feedback. If you provide feedback, suggestions, or ideas regarding our Services or website, you grant us a royalty-free, perpetual, irrevocable license to use, reproduce, modify, and incorporate such feedback into our products and services.

8.1 Privacy Policy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services or website, you consent to the terms of our Privacy Policy.

8.2 Confidential Information. Both parties agree to maintain confidentiality of nonpublic information, except as required by law or to fulfill obligations (e.g. medical reporting, legal process).

9.1 Governing Law. These Terms and any Home Care Agreement shall be governed by the laws of the State of Florida (without regard to conflict of laws principles).

9.2 Dispute Resolution.

• Negotiation. Before pursuing formal dispute resolution, parties will attempt to negotiate in good faith.
   
• Arbitration / Mediation (optional). [Optionally include arbitration clause.]
   
• Venue. If litigation is necessary, you agree to venue in the state or federal courts located in Florida.
   

9.3 Waiver of Jury Trial. To the extent permitted by law, each party irrevocably waives any right to a jury trial for disputes arising out of these Terms or Services.

We may modify or update these Terms at any time in our discretion by posting the revised Terms on our website. Your continued use of our Services or website after such changes indicates your acceptance. If material changes are made, we may provide additional notice (e.g. email). 

11.1 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.2 Waiver. No waiver by us of any breach or right under these Terms is effective unless in writing. Our delay or failure to enforce any term is not a waiver of our right to do so later.

12.1 Notices. Any notices required or permitted under these Terms shall be in writing (e.g. email, postal mail) and sent to the addresses provided by you or us.

12.2 Contact Information.

Bless Her Heart Home Care

5869 NW Corso Court
Port St. Lucie, FL 34986
Blessherhearthomecare@yahoo.com
Phone: (951) 380-2217