By using this website (the “Site” or the “Website”), the Marks Home Care (“MHC”) website (https://markshhc.com), you (“You” or the “Visitor”) acknowledge that you have read, understood and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. We may revise and update these terms and conditions at any time. If you do not agree to these terms, please discontinue your access and do not use this website.

IF THIS IS A MEDICAL EMERGENCY, CALL 911

THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE. THE CONTENTS OF THIS SITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL, ARE FOR INFORMATIONAL PURPOSES ONLY, AND THEY 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 QUALIFIED HEALTHCARE PRACTITIONERS OR PROVIDERS REGARDING A SPECIFIC MEDICAL DIAGNOSIS OR CONDITION OR TREATMENT OR GENERAL HEALTH ISSUES.

General Use Restrictions

While we make reasonable efforts to provide accurate and timely information about on this site, you should not assume that the information provided is always up to date or that this site contains all the relevant available information about our company. This website, including all photos, illustrations, text, graphics and other content, is protected by copyright. Some or all of the content accessed through this website is also protected by copyright.

Material from this website may not be copied or distributed, used to create derivative works, or republished, uploaded, posted, modified, displayed, reproduced, sold, licensed, transferred or transmitted in any way, without the prior written consent of Marks Home Care. MHC authorizes you to view and download the materials at this website only for your personal, non-commercial use, provided that you retain and do not remove any copyright and other proprietary notices contained in the original materials on any copies of the materials. Any unauthorized use of such materials may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimers

This site and the information contained within it are provided on an “as is” basis, with no warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties of accuracy or any implied warranties of merchantability or fitness for a particular purpose. Without limiting the foregoing, MHC neither warrants nor represents that your use of any content contained or referenced on this website will not infringe the rights of any third parties nor that such content will be accurate, complete or up to date. MHC makes no warranties or representations as to the accuracy, correctness, completeness or reliability of any such content, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in such content. Use of this site and the information herein is at the user’s sole risk.

Limitation of Liability

You use this website at your own risk. Neither MHC, nor any of their respective officers, employees, directors or agents, or any other party involved in creating, producing or delivering this website, shall be liable for any damages of any kind or nature whatsoever arising out of or related to the use of or information contained on or referenced in this website, or any websites operated by any third party (including damages for lost data, lost revenue or lost profits) whether under contract, tort (including negligence) or any other theory of liability, even if expressly advised of the possibility of such damages.

Links to Other Websites

This website contains links to other third party websites. These links are provided for your convenience only. We do not operate any third party website to which this website is linked and we do not control, nor are we responsible for, the content, performance, security or privacy policies/practices of these third party websites or your use of and transactions with them. Any advice, views, opinions, estimates, forecasts conclusions, predictions or recommendations contained on or expressed in these third party websites are those of the author(s) alone; they do not reflect our advice, views, opinions, estimates, forecasts, conclusions, predictions or recommendations or those of our management. Our inclusion of links to these third party websites does not comprise or imply that we endorse or concur with any of the information, materials, advice, views, opinions, estimates, forecasts, conclusions, predictions or recommendations contained on these third party websites. Without limiting the foregoing, MHC specifically disclaims any responsibility if such sites: infringe upon any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Privacy

You are not ordinarily required to register or provide Personal Information in order to access our Site, though certain functionalities (such as our information request feature) may require registration. We collect Personal Information from you only when you voluntarily provide it to us. Personal Information may include contact information, such as your name, postal address, telephone numbers and/or email address.

MHC also collects Aggregate Information, which is information from which a visitor cannot be identified. This Aggregate Information includes the following:

Server Log Files. Your Internet Protocol (“IP”) address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (“ISP”). This number may be identified and logged automatically in our server log files whenever you visit the site, along with the time(s) of your visit(s) and the page(s) that you visited. We may use the IP addresses of all visitors to calculate site usage levels, to help diagnose problems with the site’s servers, and to administer the site. We may also use IP addresses to communicate with or to block access by visitors who fail to comply with our Terms of Service. Collecting IP addresses is standard practice on the Internet and is carried out automatically by many websites.

Cookies. Cookies are data that a web server transfers to an individual’s computer for recordkeeping purposes. Cookies are an industry standard used by most websites and help facilitate a visitor’s ongoing access to and use of a particular website. Cookies do not cause damage to your computer systems or files, and only the website that transferred a particular cookie to you can read, modify or delete such cookies. If you do not want information collected through the use of cookies, there are simple procedures in most browsers that allow you to delete existing cookies, to automatically decline cookies, or to be given the choice of declining or accepting the transfer of particular cookies to your computer. You should note, however, that declining cookies may make it difficult or impossible for you to use portions of the Site.  The information below details the main cookies used on the site, how we use them, and how to find out more about them. This list does not include all cookies used on the Site.

Facebook Pixels and Google Analytics. We use Google Analytics and Facebook Pixels to collect user demographics and online behaviors, which helps inform us about our visitors and their preferences. You can view Google’s Privacy Policy (https://www.google.com/intl/en/policies/privacy/) and Opt Out on its site (https://tools.google.com/dlpage/gaoptout?hl=en). You can view Facebook’s Privacy Policy on its site (https://www.facebook.com/privacy/explanation).

Pixel Tags. The site may use “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) to compile aggregate statistics about site usage and response rates. Pixel Tags allow us to count users who have visited certain pages of the site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with this website, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the website, and is deactivated or deleted thereafter.

Social Media Pages and Other Sites

We may collect personal information from users and visitors of other sites on which you have interacted with us. We will do so in accordance with the terms of use and privacy policies of those sites and applicable law. This includes our social media pages on places like LinkedIn, X (formerly known as “Twitter”), Instagram, TikTok, and Youtube, as well as native advertising platforms such as Taboola /Outbrain. Personal information may also be collected by the third-party social media sites that host our social media pages. These sites may provide aggregate information and analysis to us about visitors’ use of our social media pages.

How We Use and Share Your Information Gathered Through the Site

Communications. We encourage Visitors to contact us with questions and comments. Information may be used in order to respond to your questions and comments. Responses to your communications may use your Information to contact you by email, phone, or other medium depending on the circumstances.

Business Purposes. We may use your Information for internal business purposes, such as analyzing and managing our businesses. The Information you provide through the Site may be combined with other information you provide to Amedisys (via online or offline means), with demographic information and other information that is publicly available, or with other information about you that Amedisys may otherwise obtain online or offline.

To provide Products, Services and Information. For example, if you share your name and contact information to ask a question about our services, we will use that information to respond to your inquiry by email, phone, or other medium depending on the circumstances. We may also save your information to determine if we should offer new product or services.

Third Party Service Providers. We work with third parties who provide services, including website hosting, data analysis, newsletter services, promotional activities, and other administrative services. We may share your information with such third parties for the purpose of enabling such third parties to provide such services to us. We also share information about your use of the Site with our social media, advertising, and analytics partners.

To personalize your website experience. We may use your information to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our site, third-party sites, and via email or text message (with your consent, where required by law).

Legal Requests or Requirements and to Prevent Harm. We will share Personal information with third party companies, organizations or individuals outside of HMC if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:  Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request; Enforce applicable Terms of Use, including investigation of potential violations; Detect, prevent, or otherwise address fraud, security or technical issues.

Data Aggregation. We use, disclose, and analyze Information in order to enhance website security and track the popularity of certain pages of the site, the success of our email notifications, traffic levels on the site and other usage data, all of which helps us to provide content tailored to your interests, improve the site and related services, and to otherwise enhance your experience on the site.

Children

The site is not meant to be used by individuals under the age of 18. By providing MHC with your personal information, you are representing that you are at least 18 years old. MHC will remove from its files any personal information of anyone MHC discovers to be under 18 years old (and for whom there is not confirmed parental/guardian consent, where required by law).

Intellectual Property

The trademarks displayed on this site are registered and unregistered trademarks of Marks Home Care. Nothing contained in this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this site, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any trademark in violation of these terms, MHC will aggressively enforce its intellectual property rights to the fullest extent of the law.

Security

We take commercially reasonable steps to protect your data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet.

Indemnity

You agree to indemnify us, our directors, officers, employees, agents, licensors and suppliers, and to hold each of the foregoing, harmless, from and against any claims, actions or demands, liabilities and settlements, including but not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, arising from or related to your violation of these terms and conditions or your use or misuse of this website. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Jurisdiction, Venue, Arbitration and Class Waiver

MHC operates this website from Brooklyn, New York. All matters or disputes pertaining to or arising from your access or use of this website are governed and interpreted under the laws of the State of New York, without giving effect to any principles of conflicts of laws..

Arbitration Agreement

Any disputes arising out of or relating to these Terms or your use of our Site and services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Kings County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Jury Trial Waiver

You and MHC acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.

Class Action and Class Arbitration Waiver

You and MHC agree that any arbitration or legal proceeding shall be conducted on an individual basis and not on a class, collective, consolidated, or representative action. You and we expressly waive any ability to bring or participate in class, collective, consolidated, or representative proceedings, including class arbitrations or class actions.

 

How to contact us

You can contact us electronically at info@markshhc.com or by U.S. mail or overnight courier or telephone at:

Marks Home Care
1122 Coney Island Ave, Suite 220
Brooklyn NY 11230
718.713.0005

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