1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you are accessing the Website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

1.2 Eligibility

You must be at least 18 years of age or have the legal capacity to enter into contracts to use the Website. If you are accessing the Website on behalf of a minor or an individual with a legal guardian, you represent that you are the legal guardian or have obtained proper authorization.

1.3 Changes to Terms

HP Network reserves the right to modify, update, or amend these Terms at any time without prior notice. Any changes will be effective immediately upon posting to the Website, and the “Last Updated” date above will be revised accordingly. Your continued use of the Website after such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

1.4 Definitions

• Client: An individual with developmental disabilities and/or acquired brain disorders, or their legal guardian, who receives or inquires about HP Network’s person-centered home and community-based services.
• User: Any individual or entity accessing the Website, including clients, their families, job applicants, or other visitors.
• Staff: Employees, contractors, or volunteers of HP Network authorized to access or manage Website features or services on behalf of the organization.

2. Use of the Website

2.1 Purpose of the Website

The Website serves as an informational platform to provide details about HP Network’s mission, services, and operations, including our commitment to person-centered care for individuals with developmental disabilities and acquired brain disorders. Services described are intended for availability in New Hampshire; information provided is generalized and not a solicitation for services outside New Hampshire. The Website may also facilitate communication with clients, families, caregivers, and other stakeholders and provide access to resources. These Terms govern public Website use only. Any client portals, EHR/EVV systems, or other service platforms outside this public Website are governed by separate terms and our Notice of Privacy Practices.

2.2 Permitted Use

You may use the Website solely for lawful purposes consistent with its intended function, such as:

• Learning about HP Network’s services, team, and mission through pages like “About Us” and “Services.”
• Contacting HP Network via the “Contact Us” form to submit inquiries.
• Subscribing to our newsletter to receive updates about HP Network.
• Submitting resumes and cover letters through the “Careers” page when job postings are available.
• Booking appointments via the “Book an Appointment” link to discuss services or telehealth options (actual telehealth or client service communications occur on separate HIPAA-compliant systems and are not governed by these Terms).
• Accessing and downloading publicly available resources, such as informational materials about our services (e.g., forms or written content), subject to these Terms.

2.3 Prohibited Conduct

You agree not to engage in any of the following activities while using the Website:

• Violating any federal, state, or local laws, including those related to healthcare, privacy, or consumer protection.
• Attempting to gain unauthorized access to the Website, its servers, databases, or any associated systems.
• Introducing viruses, malware, worms, or other harmful code that could disrupt or damage the Website or its users’ devices.
• Copying, reproducing, distributing, modifying, or creating derivative works from any Website content without prior written consent from HP Network.
• Posting, transmitting, or sharing content that is defamatory, obscene, offensive, or violates the rights of others, including privacy or intellectual property rights.
• Engaging in any activity that interferes with the Website’s functionality or other users’ ability to access it, such as denial-of-service attacks or excessive automated queries.
• Using the Website to solicit, harass, or collect personal information from other users without their consent.
• Impersonating any person or entity, including HP Network staff or representatives.

2.4 Account Registration and Security

The Website does not offer public account registration or user login features. Administrative access to the Website’s backend is restricted to authorized HP Network personnel solely for maintenance, content updates, and security management. HP Network implements reasonable administrative and technical safeguards to protect the integrity and security of the Website.

3. Intellectual Property

3.1 Ownership

All content on the Website, including but not limited to text, images, logos, graphics, videos, audio, software, designs, and other materials (collectively, “Website Content”), is owned by HP Network or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The name “HP Network,” its logo, and any service marks displayed on the Website are trademarks of Homecare Providers Network LLC.

3.2 Limited License

HP Network grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Website Content for personal, non-commercial purposes in accordance with these Terms. This license does not permit you to:

• Copy, reproduce, distribute, modify, or create derivative works from the Website Content without prior written consent from HP Network.
• Use the Website Content for commercial purposes, including advertising or promoting competing services.
• Remove or alter any copyright, trademark, or other proprietary notices contained in the Website Content.

3.3 User-Generated Content

By submitting content through the Website (e.g., contact forms/feedback), you grant HP Network a non-exclusive, royalty-free license to use and process that content to operate the Website, respond to you, and improve Website functionality. We will not publish or use your content for marketing without your explicit consent. You represent and warrant that you own or have the necessary rights to submit the content, the content does not violate the rights of any third party (including intellectual property or privacy rights), and the content is accurate and not misleading. HP Network reserves the right to remove or edit any user-generated content at its sole discretion, particularly if it violates these Terms or applicable laws.

3.4 Feedback

If you provide feedback, suggestions, or ideas about the Website or HP Network’s services (“Feedback”), you acknowledge that such Feedback is provided voluntarily and may be used by HP Network without any obligation to compensate you or maintain confidentiality.

3.5 Prohibited Use

Any unauthorized use, reproduction, modification, or distribution of Website Content is strictly prohibited and may result in legal action, including but not limited to claims for intellectual property infringement.

4. Privacy and Data Protection

4.1 Privacy Policy

Your use of the Website is governed by our Privacy Policy, which details how we collect, use, store, and protect your personal information. The Website is not intended for the collection, storage, or processing of sensitive data, including Protected Health Information (PHI), as defined by HIPAA. HP Network may use cookies and similar technologies to enhance website functionality and analyze usage trends, as described in Section 5 (Cookies and Tracking) of our Privacy Policy and our Cookie Policy.

4.2 Accidental Submission of PHI

The Website is not designed to collect PHI. If PHI is inadvertently submitted, HP Network will promptly delete or de-identify it to minimize risk and will not retain it. PHI related to client services is handled only through HIPAA-compliant systems under our Notice of Privacy Practices, not through this Website.

4.3 Non-Creation of Provider-Client Relationship

Use of the Website, including submitting inquiries or accessing information, does not create a provider-client relationship with HP Network. Services are only established through executed service agreements with HP Network, in accordance with applicable laws and regulations.

5. Third-Party Links and Services

5.1 Third-Party Websites

The Website may contain links to third-party websites or services not owned or controlled by HP Network. Certain features of the Website, such as analytics, video hosting, or appointment booking tools, may be provided by or integrate with third-party services. Your use of these features is subject to the applicable third-party terms and privacy policies. HP Network is not responsible for the content, privacy practices, or terms of use of these third-party websites or services. You access such links and features at your own risk.

Non-Website Platforms. Any client portals, care-coordination tools, or electronic record systems operated by HP Network outside this public Website are governed by separate terms and the Notice of Privacy Practices, not these Terms.

6. Accessibility

HP Network is committed to making reasonable efforts to ensure the Website is accessible to all users, including those with disabilities, with the goal of aligning with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). Full compliance is aspirational, and we will take reasonable steps to improve accessibility. If you encounter barriers or require assistance, email legalandcompliance@hpnetworks.org or call 603-326-6555. We endeavor to respond within 10 business days.

7. Disclaimer of Warranties

7.1 As-Is Basis

The Website and its Content are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, or non-infringement. HP Network does not warrant that the Website will be available at all times or free from interruptions, errors, or delays; that the Content is accurate, up-to-date, or suitable for your specific needs; or that the Website is free from viruses, malware, or other harmful components.

7.2 Service Information

Information about HP Network’s services on the Website is provided for general informational purposes and does not constitute medical, legal, or professional advice. You should consult with qualified professionals for guidance related to your needs or circumstances.

8. Limitation of Liability

8.1 General Limitation

To the fullest extent permitted by law, HP Network and its affiliates, officers, members, employees, agents, or licensors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of the Website, including but not limited to damages for loss of data, profits, goodwill, or business opportunities, even if HP Network has been advised of the possibility of such damages.

8.2 Specific Exclusions

• Any errors, inaccuracies, or omissions in the Content.
• Any unauthorized access to or loss of your data, except as required by law.
• Any interruption or cessation of Website functionality.
• Any damages resulting from your reliance on information provided on the Website.

8.3 State Law Variations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. To the extent such laws apply, portions of the above disclaimers and limitations may not apply to you, and you may have additional rights.

9. Indemnification

You agree to indemnify, defend, and hold harmless HP Network, its affiliates, officers, members, employees, agents, and licensors from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from or related to your use of the Website or violation of these Terms; your submission of content that infringes the rights of any third party; or any violation of applicable laws, including those related to PHI or healthcare regulations. For rules governing PHI and client services, please see our Notice of Privacy Practices.

10. Termination

10.1 Termination by HP Network

HP Network may modify, suspend, or discontinue the Website or any features, or suspend, restrict, or terminate your access, at any time, with or without notice, for any reason, including violation of these Terms, suspected fraudulent or unauthorized activity, or to protect HP Network’s systems, users, or business interests.

10.2 Effect of Termination

Upon termination, your right to access and use the Website will cease immediately. Provisions that by their nature should survive termination (including Sections 3, 4, 8, 9, 11, 12, and 13) will remain in effect.

10.3 Content Deletion

If you submitted content to us through the Website (e.g., via contact forms or feedback), you may request deletion by contacting legalandcompliance@hpnetworks.org. We will comply to the extent permitted by law and subject to required record retention.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles. Any legal action arising from these Terms, to the extent not subject to arbitration or brought in small-claims court, shall be brought exclusively in the state or federal courts located in Hillsborough County, New Hampshire.

11.2 Informal Resolution

In the event of a dispute, claim, or controversy arising from or related to these Terms or your use of the Website (“Dispute”), you agree to first attempt to resolve the Dispute informally by contacting HP Network at legalandcompliance@hpnetworks.org. Both parties will make good-faith efforts to resolve the Dispute within thirty (30) days.

11.3 Binding Arbitration

If a Dispute cannot be resolved informally within thirty (30) days, it shall be submitted to binding arbitration in Manchester, New Hampshire, conducted by a single neutral arbitrator with experience in healthcare or technology disputes. The arbitration shall be administered by a recognized arbitration organization (e.g., JAMS or the American Arbitration Association) under its commercial arbitration rules. The arbitrator shall have exclusive authority to resolve disputes relating to the interpretation, applicability, or enforceability of this arbitration agreement. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitration proceedings shall be confidential, and each party shall bear its own costs unless the arbitrator determines otherwise. Either party may bring an individual action in small-claims court.

You may opt out of arbitration within thirty (30) days after first accessing the Website by sending written notice to legalandcompliance@hpnetworks.org with the subject line “Arbitration Opt-Out.” For purposes of determining the 30-day period, the date of your email will serve as the notice date. HP Network may, at its discretion, request non-sensitive confirmation information—such as the approximate date you first accessed the Website or the device type used—to verify the timing of your initial visit. HP Network will confirm receipt of all valid opt-out requests. Opting out of arbitration will not affect any other terms of these Terms of Use.

Nothing in this Section limits any non-waivable rights under applicable law, including the right to seek relief in small-claims court where available. Nothing in this arbitration clause or in these Terms shall be construed to waive, limit, or restrict any rights or remedies available to consumers, clients, or individuals with disabilities under applicable federal or state consumer protection laws, healthcare regulations, or disability rights statutes.

11.4 Equitable Relief

Notwithstanding the arbitration requirement or small-claims option, HP Network may seek injunctive or equitable relief in a court of competent jurisdiction to prevent or address violations of these Terms, particularly those involving intellectual property or confidentiality, without waiving any other rights or remedies.

11.5 Class Action Waiver

You agree that any Dispute will be resolved on an individual basis, and you waive any right to participate in a class action, collective action, or representative action against HP Network related to these Terms or the Website.

12. Compliance with Healthcare Regulations

12.1 No Handling of PHI

The Website is not intended for the collection, storage, or transmission of Protected Health Information (PHI) as defined by HIPAA. Users are prohibited from submitting PHI or other sensitive health-related information through the Website.

12.2 Accidental Submission of PHI

If PHI is inadvertently submitted, HP Network will promptly delete or de-identify such information to minimize the risk of unauthorized access or disclosure.

12.3 Applicable Laws

To the extent applicable, HP Network complies with federal and New Hampshire privacy/security laws for website-collected personal information (e.g., RSA 359-C:20 for breach notice). PHI and service-related data are governed by our Notice of Privacy Practices and handled only in HIPAA-compliant systems.

12.4 Consequences of Non-Compliance

Any violation of applicable regulations or the prohibitions outlined in this Section 12 may result in temporary suspension of access during investigation, a warning upon confirmation of a violation, or permanent blocking if violations continue after a warning. HP Network will report confirmed violations to regulatory authorities only when required by law.

13. Confidentiality

13.1 No Confidential User Data on Website

The public Website is not designed to host, store, or process confidential or sensitive user data (e.g., PHI, Social Security numbers, financial account numbers). Limited personal information may be received via contact forms as described in our Privacy Policy. Users should not submit confidential or sensitive information through Website features that are not designed for secure data handling.

13.2 User Responsibility

Users are responsible for ensuring that any information they submit does not include confidential or sensitive data. HP Network will not be liable for any unauthorized disclosure of such information resulting from a user’s failure to comply with this provision.

14. Notices

All notices, demands, or communications required or permitted under these Terms shall be in writing and delivered to: Homecare Providers Network LLC P.O. Box 5463, Manchester, NH 03108 Email: legalandcompliance@hpnetworks.org

Notices may be sent via email, certified mail, or other means providing proof of receipt. You agree to provide HP Network with your current contact information for receiving notices.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and HP Network regarding your use of the Website and supersede all prior or contemporaneous agreements, understandings, or representations.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

15.3 No Waiver

No failure or delay by HP Network in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. Any waiver must be in writing and signed by an authorized representative of HP Network.

15.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without HP Network’s prior written consent. HP Network may assign these Terms without restriction, including in connection with a merger, sale, or transfer of assets.

15.5 Force Majeure

HP Network shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or hosting outages, or technical failures. This includes any temporary or extended interruption in Website access, data transmission, hosting services, or communications caused by such events. HP Network will take reasonable steps to restore functionality once conditions permit.

15.6 Electronic Communications

By using the Website, you consent to receiving electronic communications from HP Network, including notices, updates, or promotional materials. Such communications may be sent via email or posted on the Website.

15.7 Counterparts

These Terms may be accepted electronically. Your use of the Website constitutes your acceptance and has the same legal effect as a handwritten signature or clicking an “I Agree” button.

16. Contact Information

For questions, concerns, or feedback about these Terms, the Website, or HP Network’s services, please contact: