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Terms and Conditions

Everguard Home Care
Effective Date: [10/06/2025]

Welcome to the website of Everguard Home Care (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website located at [insert your website URL] (the “Site”) and any services, tools, information, or content provided through the Site.

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

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1. Use of the Website

You may use this Site solely for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, or local laws or regulations

  • Interfere with or disrupt the operation or security of the Site

  • Attempt to gain unauthorized access to any part of the Site, accounts, or systems connected to the Site

  • Use any automated means (bots, scraping, etc.) to access or collect data from the Site without our express permission

  • Impersonate any person or entity, or misrepresent your identity or affiliation

We reserve the right to suspend or terminate your access to the Site at any time for any reason, including if you violate these Terms.

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2. Information Provided on the Site

The information on this Site is for general informational purposes only and is not medical, legal, or professional advice. While we strive to provide accurate and current information, we do not guarantee that the content is complete, accurate, or up-to-date.

You should consult a healthcare professional for advice or treatment tailored to your individual needs.

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3. Privacy

Your use of the Site is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Site, you consent to the practices described in our Privacy Policy.

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4. Intellectual Property

All content on this Site — including text, graphics, logos, icons, images, videos, and software — is the property of Everguard Home Care or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may view and use the content for your personal, non-commercial use only. You may not copy, reproduce, distribute, modify, or create derivative works from the content without our express written permission.

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5. Links to Third-Party Sites

Our Site may contain links to third-party websites or services. These links are provided for convenience only. We do not endorse or control, and are not responsible for, the content, policies, or practices of any third-party websites.

You access such sites at your own risk. Please review the terms and privacy policies of any third-party websites you visit.

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6. Disclaimer of Warranties

THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

  • WARRANTIES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

  • ACCURACY OR RELIABILITY OF ANY CONTENT OR INFORMATION

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7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGUARD HOME CARE AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE.

THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY — EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to indemnify, defend, and hold harmless Everguard Home Care, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or relating to:

  • Your use or misuse of the Site

  • Your violation of these Terms

  • Your violation of any applicable law or the rights of a third party

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9. Changes to the Terms

We may update or change these Terms at any time. When we do, we will revise the "Effective Date" at the top of the page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

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10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any legal action or proceeding related to your use of the Site must be brought in the state or federal courts located in California, and you hereby consent to the jurisdiction and venue of those courts.

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11. Text Messaging (SMS) Consent & Use
If you provide your mobile number and affirmatively opt in (verbally, in writing, or electronically), you consent to receive text messages from Everguard Home Care for operational and service-related purposes. These may include appointment reminders, caregiver arrival notices, scheduling or service updates, notification of changes, and two-way client or caregiver communication.
We will not send promotional or marketing messages via SMS unless you explicitly provide a separate opt-in for such marketing. Any promotional message sent will clearly be labeled and you may decline it.
Message frequency may vary depending on your care plan and communication needs. Standard message and data rates may apply per your mobile carrier plan.
To opt out at any time, reply “STOP” to any message. After you opt out, we will cease sending SMS messages unless you provide new consent. For help, reply “HELP” or contact us at care@everguardhomecare.com or (408) 583-4800.
We record and retain your consent details (date, time, method, and mobile number) for compliance purposes. You are responsible for notifying us if your number changes; we will request new consent for any new number.
We are not liable for delays, errors, or failures in message delivery due to mobile carriers, network issues, or incorrect/misleading contact information.
We will not sell or share your mobile number for third-party marketing purposes. We process SMS number data only consistent with this policy and applicable laws including TCPA and California privacy laws

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12. Contact Us

If you have any questions about these Terms, please contact:

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Everguard Home Care


Address:

657 Stokes Street

San Jose, CA 95128


Phone: (408) 583 4800
Email: care@everguardhomecare.com

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By using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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