1. ACCEPTANCE OF TERMS
2. PERMISSION TO USE THE WEB SITE
The owner of the Web Site (the “Owner”) grants you the right to view and use the Web Site subject to the terms and conditions of this Agreement. Specifically, you may do the following: (a) access and use those portions of the Web Site to which the Owner has granted you access solely for your personal, noncommercial purposes, and (b) download and/or print a copy of the information contained on the Web Site for your personal, noncommercial use only. You are prohibited from reprinting, electronically reproducing, duplicating or using any information, including any intellectual property, contained on the Web Site in whole or in part for any other purpose. You are prohibited from deleting or altering any trademark, service mark or copyright notice when downloading any text, information or other content from any part of the Web Site.
The Owner may, at any time in its sole discretion and without prior notice and liability, discontinue or alter any aspect of the Web Site, including, but not limited to, restricting its availability or the manner and amount of use permitted, and restricting or terminating any user’s right to use all or a part of the Web Site.
3. INFORMATION ON THE WEB SITE
Any health, medical or drug information on the Web Site is for informational purposes only. This information is not intended to be used, and you should not use it, as a substitute for obtaining professional healthcare advice, diagnosis or treatment. You should always seek the advice of your doctor, a pharmacist or other qualified healthcare provider for professional healthcare advice, diagnosis or treatment for any medical condition.
4. USER NAME AND PASSWORD
You are responsible for the confidentiality and use of your user name and sign-on password, if required, and any other access number or additional passwords required to use the Web Site. You will be solely responsible for all postings, transmissions and other communications made through the Web Site using your user name and sign-on password. As a condition of using the Web Site, you agree to immediately notify the Owner if you become aware of any theft of your user name or sign-on password, or any unauthorized use of your user name, sign-on password or the Web Site.
5. COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY OF THE OWNER
a. The Web Site contains or will contain text, graphics, photographs, videos, information and other content that is (a) the property of the Owner or its licensors, who reserve all of their respective rights, and (b) protected by state, national and international laws pertaining to copyrights, trademarks, trade secrets and other proprietary rights. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse-engineer, de-compile or disassemble any aspect of the Web Site except as expressly authorized by the Owner.
b. All company names, product and service names, and logos appearing on the Web Site are the property of their respective owners. You must obtain permission from those owners before copying or using their company names, product or service names, or logos.
6. RULES GOVERNING USE OF THE WEB SITE
As a condition of your use of the Web Site, you agree not to:
a. restrict or inhibit any other user from using the Web Site;
b. resell, redistribute, broadcast or transfer the information or other content or use any information derived from the Web Site in a searchable, machine-readable database;
c. copy or otherwise duplicate all or part of the Web Site or any databases related thereto without the Owner’s prior written permission;
d. “mirror” on any server any information or material related to the Web Site except as authorized by the Owner;
e. attempt to gain unauthorized access to other files, computer systems or networks, including the Owner’s, its users’ and third parties’, connected to or associated with the Web Site;
f. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene or profane information or other content of any kind;
g. post or transmit text, information or other content containing harassing or offensive language, swearing, rude or deliberately offensive comments, or engage in disruptive activities online;
h. post or transmit any text, information or other content that is fraudulent or violates or infringes the rights of others, including content that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights;
i. post or transmit any text, graphics, photographs, software, music, sounds, videos, information or other content that contains a virus, bot, worm, trojan horse or other harmful component;
j. use the Web Site, including the information and other content provided thereon, for any unlawful purpose;
k. misrepresent your identity or provide incorrect identifying information, impersonate any person or entity, or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
l. post or transmit any transmissions that constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, including laws governing copyrights, trademarks and other proprietary rights; and
m. link to the Web Site from a web site operated by a third party, without obtaining the Owner’s prior written consent.
The Owner, in its sole discretion, shall determine whether you have violated this Agreement, including the foregoing rules governing use of the Web Site, and reserves the right to take any and all action, including termination of your access to the Web Site.
7. INFRINGEMENT POLICY AND NOTICES OF ALLEGED INFRINGEMENT
a. Infringement Policy. The Owner respects copyright law and expects users of the Web Site to do the same. Unauthorized copying, distribution, modification, public display, public performance, uploading or downloading of copyrighted works is an infringement of the rights of the respective copyright holders. As a condition of your use of the Web Site, you agree not to infringe the copyright, trademark or other intellectual property rights of the Owner, its licensors or any other third party. If the Owner determines in its sole discretion that you have used or may use the Web Site to infringe the intellectual property rights of others, the Owner reserves the right to (a) terminate your ability to use the Web Site, (b) delete any file that you have posted or transmitted using the Web Site, and (c) otherwise restrict or prohibit your use of the Web Site.
b. Notices of Alleged Infringement. Pursuant to 17 U.S.C. Section 512, the Owner has implemented procedures for receiving written notification of claimed infringements and for processing such claims. All claims of infringement must be submitted to the Owner in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By standard mail, fax or e-mail:
c/o Brickyard Healthcare
2647 Waterfront Parkway Drive East, Suite 100
Indianapolis, IN 46214
Any written notice regarding any infringing or otherwise injurious activity, whether infringement of a copyright, trademark or other proprietary right, must include the following information:
(i) The name of and a physical or electronic signature of the owner of an exclusive right that is allegedly infringed or person otherwise injured, or a person authorized to act on behalf of the owner or the person otherwise injured.
(ii) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works. Similarly, for material that infringes a trademark, or other proprietary rights, or is otherwise injurious, notice must include the identifying trademark or other rights. The identifying information shall include the name of the work or other material, the nature of such work or material, and the name and address of the owner thereof or the injured party.
(iii) Identification of the material that is claimed to be infringing, to be the subject of infringing activity or to be otherwise injurious and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Owner to locate the material.
(iv) Information reasonably sufficient to permit the Owner to contact the person named in subsection 7(b)(i) above, including the person’s address, telephone number, fax number and/or electronic mail address.
(v) A statement that the person named in subsection 7(b)(i) above has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary-right owner, its agent or the law.
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the person named in subsection 7(b)(i) above is the owner of an exclusive right that is allegedly infringed or the person otherwise injured, or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person otherwise injured.
The Owner reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content or feature of the Web Site. Such amendments, modifications, additions or deletions shall become effective once posted on the Web Site. Continued use of the Web Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
9. DISCLAIMER OF WARRANTIES
THE WEB SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE OWNER AND ITS OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, “AFFILIATES”) MAKE NO REPRESENTATIONS ABOUT ACCESS TO OR USE OF THE WEB SITE OR ALL TEXT, INFORMATION AND OTHER CONTENT THEREON. THE OWNER AND ITS AFFILIATES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE WEB SITE, INCLUDING, FOR EXAMPLE, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITE.
By way of example and not limitation, neither the Owner nor its Affiliates warrant or represent that use of the Web Site will be uninterrupted or error-free, nor do they make any representations or warranties regarding (a) the accuracy, completeness, reliability or currency of the text, information and other content on the Web Site, (b) the results that may be obtained from use of the Web Site, (c) the future availability of the Web Site or any information related to the Web Site, or (d) the results that may be obtained from use of any third-party web sites that link to the Web Site or that the Web Site links to, or the information, content, products or services available on those third-party web sites.
10. THIRD-PARTY CONTENT AND TRADEMARKS
Certain materials from third-party information providers, including but not limited to text, information and other content (“Third-Party Content”), may be made available as part of the Web Site. The Owner makes no warranties or representations with respect to, nor does it guarantee or endorse, the accuracy, completeness, timeliness, reliability or intellectual property rights in such Third-Party Content. Likewise, the Owner does not endorse any opinion or analysis expressed in any Third-Party Content. The Owner expressly disclaims responsibility and liability for all Third-Party Content.
11. INTERNET COMMUNICATIONS
While the Owner has endeavored to create a secure web site, the Owner and its Affiliates are not responsible for the security of information transmitted via the Web Site and the Internet. You must make your own determination as to these matters. Material posted or transmitted using the Web Site also may contain errors, technical inaccuracies or typographical errors, and may be changed or updated without notice. The Owner and its Affiliates will not be liable or responsible for any such errors, inaccuracies, changes or updates. The Owner and its Affiliates also will not be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; computer viruses; unauthorized access; severe weather, earthquakes or other natural disasters; strikes or other labor problems; wars or governmental restrictions.
12. LIMITATION OF LIABILITY
You agree to defend and indemnify the Owner, its Affiliates, and all of their predecessors, successors and assigns, and hold them harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Web Site and any breach by you of this Agreement.
14. EXPORT CONTROL INFORMATION
The Web Site is controlled and operated by the Owner from its offices within the state of Arkansas, United States of America. The Owner makes no representation that materials on the Web Site are appropriate or available for use outside the United States. Those who choose to access the Web Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
The Owner provides equal employment opportunities and services without regard to race, color, sex, religion, national origin, age, sexual orientation, non-disqualifying disability, veteran status or any other protected status.
The parties shall settle any controversy arising out of this Agreement by arbitration in Fort Smith, Arkansas, in accordance with the rules of the American Arbitration Association. A single arbitrator shall be agreed upon by the parties, or if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award attorneys’ fees and costs as part of the award. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
17. GOVERNING LAW
This Agreement has been made under and will be construed and enforced in accordance with Arkansas law, without referring to its choice of law rules.
18. OTHER PROVISIONS
Failure to insist on strict performance of any term of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Agreement is adjudged invalid or unenforceable by an arbitrator or court of competent jurisdiction, the remaining portions will remain valid and enforceable.
This Agreement constitutes the entire agreement between you and the Owner with respect to the Web Site, provided, however, that you will also be subject to any additional terms and conditions posted on the Web Site and to which you manifest your consent by continued use of the Web Site.
A printed version of this Agreement and of any notice given in electronic form will be admissible in arbitration, judicial and administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it.
19. HOW TO CONTACT US
You may contact us by U.S. mail or overnight courier at:
c/o Golden LivingCenters
1000 Fianna Way
Fort Smith, Arkansas 72919