Terms of Service

Effective date: June 2026

1. Acceptance of Terms

By accessing or using the website at giftedtouchhome.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Site.

2. About Us

The Site is operated by Gifted Touch Home Care LLC, a Kansas limited liability company operating a residential home care business at 825 E Sheridan St, Olathe, Kansas 66061 ("we," "us," or "Gifted Touch"). You may contact us at Giftedtouchks@gmail.com or (913) 443-8878.

3. The Site Is Informational Only

The Site describes Gifted Touch's home, services, and team so families can decide whether to contact us. The Site does not provide medical advice, diagnosis, or treatment, and nothing on the Site creates a care relationship between Gifted Touch and any person. Care services are provided only under the separate written admission and care agreements signed by Gifted Touch and the resident or the resident's legal representative.

If you or a loved one has a medical emergency, call 911. Do not rely on the Site or wait for a reply to an inquiry.

4. Use of the Site

You agree that:

• The information you provide when contacting us is accurate and complete.
• You will not use the Site to commit fraud, harass Gifted Touch staff or residents, or interfere with the operation of the Site.

We reserve the right to restrict access to the Site for any user whose conduct we determine, in our sole reasonable discretion, threatens the safety of residents or staff or the integrity of the Site.

5. Intellectual Property

All content on the Site, including text, graphics, photographs, logos, the Gifted Touch name and marks, and the underlying software, is owned by Gifted Touch or our licensors and is protected by copyright, trademark, and other intellectual-property laws. You may not copy, reproduce, modify, distribute, or create derivative works from any content on the Site without our prior written permission.

6. Third-Party Services and Links

The Site uses third-party services, including Google (Analytics, Business Profile, Maps links) and Cloudflare (hosting, DNS, security). Your use of those services is governed by their respective terms and privacy policies. The Site may link to third-party websites; we are not responsible for the content or practices of those sites.

7. Disclaimers and Limitation of Liability

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY KANSAS LAW, GIFTED TOUCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.

TO THE FULLEST EXTENT PERMITTED BY KANSAS LAW, GIFTED TOUCH'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE IS LIMITED TO $100. GIFTED TOUCH IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SECTION APPLIES ONLY TO USE OF THE WEBSITE. IT DOES NOT LIMIT ANY RIGHT OR OBLIGATION CREATED BY A SIGNED ADMISSION OR CARE AGREEMENT, WHICH IS GOVERNED BY ITS OWN TERMS.

8. Indemnification

You agree to indemnify, defend, and hold harmless Gifted Touch and its officers, employees, agents, and affiliates from and against any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Site, your breach of these Terms, or your violation of any law or third-party right.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-laws principles.

Any dispute arising out of or relating to these Terms or your use of the Site will be resolved as follows:

1. The parties will first attempt to resolve the dispute through good-faith negotiation.
2. If negotiation does not resolve the dispute within 30 days, the dispute will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator's decision is final. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

You waive any right to participate in a class action arising out of or relating to these Terms.

10. Modifications

We may modify these Terms from time to time. The current version is always posted on this page with an updated Effective Date at the top. Continued use of the Site after a modification constitutes acceptance of the modified Terms.

11. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect.

12. Contact