1. ACKNOWLEDGMENT

This Agreement is between you and Elder Care Solutions LLC only -- not with Apple Inc. ("Apple").  Elder Care Solutions LLC, not Apple, is solely responsible for the App and its content. Your use of the App must also comply with the Apple Media Services Terms and Conditions (the "Usage Rules").
 

2. LICENSE GRANT

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on Apple-branded devices that you own or control, as permitted by the Usage Rules. The App may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing, where applicable.

3. IMPORTANT: EDUCATIONAL INFORMATION ONLY -- NOT PROFESSIONAL ADVICE
 

Please read this section carefully.

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• The App provides educational information only. It is designed to help you learn about options that may exist for paying for elder care.

• ​The App is not a substitute for professional financial, legal, tax, insurance, or medical advice, and nothing in the App constitutes such advice.

• Elder Care Solutions LLC does not provide financial advisory, legal, tax, insurance, or medical services through this App, and no advisor-client, attorney-client, fiduciary, or similar professional relationship is created by your use of the App.

• The strategies, options, and reports presented by the App are general in nature and are based solely on your answers to the App's questionnaire. They may not be appropriate for your specific circumstances, and their availability and suitability may vary by state, benefit program, and individual situation.

• You should consult qualified professionals -- such as a licensed financial advisor, elder law attorney, tax professional, or benefits specialist -- before making any financial, legal, or care decisions.

• Laws, regulations, and benefit programs (including Medicaid and veterans' benefits) change frequently and vary by jurisdiction. We do not guarantee that the information in the App is current, complete, or applicable to you.

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4. OWNERSHIP AND INTELLECTUAL PROPERTY

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The App, including its software, questionnaire, strategy content, reports, videos, graphics, "Esther" character and branding, and all other content, is owned by Elder Care Solutions LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. This Agreement grants you a license to use the App; it does not transfer any ownership rights to you.

 

You may share PDF reports generated by the App for your personal use (for example, with family members or your professional advisors). You may not otherwise reproduce, distribute, sell, or create derivative works from the App's content.
 

5. RESTRICTIONS

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You may not:

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• Copy, modify, or create derivative works of the App;

• Reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law;

• Rent, lease, lend, sell, sublicense, or redistribute the App;

• Remove or alter any copyright, trademark, or other proprietary notices;

• Use the App for any unlawful purpose.

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6. PRIVACY

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The App does not collect any personal information from you. All information you enter is stored only on your device. Please see our Privacy Policy at https://www.eldercaresolutionsinc.com/PRIVACY.txt for details.

7. MAINTENANCE AND SUPPORT

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Elder Care Solutions LLC, and not Apple, is solely responsible for providing any maintenance and support services for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services for the App. Support inquiries may be directed to the contact listed in Section 14.

8. NO WARRANTY

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THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE INFORMATION IT PROVIDES IS ACCURATE, COMPLETE, OR CURRENT.

 

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Elder Care Solutions LLC.

 

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. LIMITATION OF LIABILITY

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELDER CARE SOLUTIONS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, SAVINGS, BENEFITS, OR OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP -- INCLUDING ANY DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED BY THE APP -- EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE APP, OR FIFTY DOLLARS (US $50), WHICHEVER IS GREATER.

 

Some jurisdictions do not allow the limitation of liability for certain damages, so some of the above limitations may not apply to you.

10. PRODUCT CLAIMS

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You acknowledge that Elder Care Solutions LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

11. INTELLECTUAL PROPERTY CLAIMS

 

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Elder Care Solutions LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

12. LEGAL COMPLIANCE

 

You represent and warrant that (a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and (b) you are not listed on any United States Government list of prohibited or restricted parties.

13. THIRD-PARTY BENEFICIARY

 

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.

14. DEVELOPER CONTACT

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Questions, complaints, or claims regarding the App should be directed to:

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Elder Care Solutions LLC

Email: info@eldercaresolutionsinc.com

Website: https://www.eldercaresolutionsinc.com

15. TERMINATION

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This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies. You may terminate this Agreement at any time by deleting the App from your devices.

16. GOVERNING LAW

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This Agreement is governed by the laws of the State of Virginia, without regard to its conflict of laws principles. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Elder Care Solutions LLC regarding the App and supersedes all prior understandings regarding its subject matter.