Terms of Use — EverThrive

The website at www.independa.com (the "Site") belongs to Independa, Inc. ("Independa"). It provides information about products and services, with links to independent purchase locations. Some services, including the Caregiver Web Application and e-commerce sites, have additional terms.

TERMS OF USE — MAIN SITE

Section 1: SITE

1.1 License

Independa grants you a non-transferable, non-exclusive, license to use the Site for your personal, noncommercial use.

1.2 Certain Restrictions

Users cannot: (a) commercially exploit the Site; (b) modify, reverse engineer, or create derivative works; (c) copy, reproduce, distribute, or transmit content without express permission. All copyright and other proprietary notices on any Site content must be retained on all copies thereof.

1.3 Modification

Independa reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. The company assumes no liability for such changes.

1.4 Ownership

All the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site are owned by Independa or Independa's licensors. No rights transfer to users.

Section 2: ACCEPTABLE USE POLICY

Users cannot: (a) upload content violating third-party rights or laws; (b) distribute viruses or malware; (c) send spam or unsolicited messages; (d) harvest user data without consent; (e) interfere with servers or networks; (f) attempt unauthorized access; (g) harass other users; (h) introduce automated scripts for scraping or mining data.

Section 3: INDEMNITY

You agree to indemnify and hold Independa (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party arising from: (i) Site use; (ii) agreement violations; (iii) legal violations. Independa reserves the right, at your expense, to assume the exclusive defense and control of claims.

Section 4: THIRD PARTY SITES

4.1 Third Party Sites

The Site might contain links to third party websites, services, and advertisements for third parties. Such Third Party Sites are not under the control of Independa and Independa is not responsible for any Third Party Sites. Users assume all risk and should investigate before transactions.

4.2 Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from disputes involving other users or Third Party Sites. California residents waive Civil Code Section 1542.

Section 5: DISCLAIMERS

ALL INFORMATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. INDEPENDA DOES NOT PROVIDE ANY LEGAL, MEDICAL, OR FINANCIAL ADVICE.

THE SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

No warranties regarding: (a) meeting requirements; (b) uninterrupted or secure availability; (c) accuracy or freedom from viruses.

Section 6: LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.

ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE. Maximum liability is capped at $50.

Section 7: TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Site. Independa may suspend access or terminate at any time for any reason without notice or liability. Sections 1.2–1.4 and 3–8 survive termination.

Section 8: GENERAL

8.1 Changes to Terms of Use

This Agreement is subject to occasional revision. Changes are effective 30 days after posting. Continued use indicates acceptance.

8.2 Choice of Law

The Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California. Jurisdiction: San Diego County courts.

8.3 Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of the Site. Users cannot assign rights without written consent. Invalid provisions are reformed to maximum enforceability.

8.4 Copyright/Trademark Information

8.5 Contact Information

Independa, Inc.
Attention: Office of the Chief Compliance Officer
3525 Del Mar Heights Rd., Box 800
San Diego, CA 92130
800.815.7829

TERMS OF USE — ANGELA

Last revised: May 6, 2015

"Angela" is a television interface for smart televisions, providing information, reminders, alerts, and communications from caregivers. Some services have additional terms.

Section 1: ANGELA

1.1 License

Independa grants you a non-transferable, non-exclusive, license to use Angela for your personal, noncommercial use. Care facility installations apply to end-users at that residence.

1.2 Certain Restrictions

Users cannot: (a) commercially exploit Angela; (b) modify or reverse engineer; (c) copy or distribute without permission. All copyright and other proprietary notices on any Angela content must be retained.

1.3 Modification

Independa reserves the right, at any time, to modify, suspend, or discontinue Angela or any part thereof. No liability assumed.

1.4 Ownership

All the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in Angela are owned by Independa.

Section 2: ACCEPTABLE USE POLICY

Section 3: INDEMNITY

Users indemnify Independa for claims arising from use, violations, or legal breaches, including costs and attorneys' fees.

Section 4: THIRD PARTY SITES

4.1 Third Party Sites

Angela might contain links or other access to third party websites, services, and advertisements. These are not controlled by Independa; user assumes all risk.

4.2 Release

Users release Independa from claims involving third parties. California Civil Code Section 1542 waiver included.

Section 5: DISCLAIMERS

ALL INFORMATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. No legal, medical, or financial advice.

THE SITE ARE PROVIDED "AS-IS" AND "AS AVAILABLE." Warranties disclaimed for: (a) meeting requirements; (b) uninterrupted availability; (c) accuracy or safety.

Section 6: LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE for indirect or consequential damages. Liability capped at $50.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER NETWORK, HARDWARE FROM AN ENTERTAINMENT PROVIDER OR LOSS OF USE.

Section 7: TERM AND TERMINATION

Independa may suspend or terminate at any time for any reason. Sections 1.2–1.4 and 3–8 survive.

Section 8: GENERAL

8.1 Changes to Terms of Use

Changes are effective 30 days after posting on Angela. Continued use indicates acceptance.

8.2 Choice of Law

California law governs. Jurisdiction: San Diego County courts.

8.3 Entire Agreement

Entire agreement regarding Angela use. Your relationship to Independa is that of end user. Users cannot assign without written consent.

8.4 Copyright/Trademark Information

8.5 Contact Information

Independa, Inc.
Attention: Office of the Chief Compliance Officer
3525 Del Mar Heights Rd., Box 800
San Diego, CA 92130
(800) 815-7829