|
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
RELATING TO YOUR USE OF THIS SITE CAREFULLY. BY USING THIS SITE,
YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS OF USE
AND THE TERMS AND CONDITIONS OF OUR PRIVACY
POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. WE RESERVE
THE RIGHT TO MODIFY THEM AT ANY TIME. YOU SHOULD CHECK THESE TERMS
AND CONDITIONS PERIODICALLY FOR CHANGES. BY USING THIS SITE AFTER
WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS, YOU AGREE TO
ACCEPT THOSE CHANGES, WHETHER OR NOT YOU HAVE REVIEWED THEM. IF
AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS AND CONDITIONS
OF USE, PLEASE DO NOT USE THIS SITE.
This policy applies to your use of all of the sites
and services owned or operated by LifeCare and any other site that
we may own or operate currently or in the future (collectively,
the "LifeCare Sites"). Unless we say otherwise, all references
to the LifeCare Sites in this policy include all such sites. This
policy does not apply to sites to which you may link to through
any LifeCare site.
LICENSE
We grant you a personal, non-exclusive, non-transferable license
to access LifeCare.com and the information contained within, provided
however that this license does not provide you the license use any
trademarks or copyrighted materials on the LifeCare Sites. The information
obtained from the LifeCare Sites may not be distributed, modified,
reproduced, or transmitted in whole or in part without our written
permission, except you may make a limited number of copies from
LifeCare.com for your own personal, noncommercial use. LifeCare.com
may contain software tools or databases that allow you to search
and retrieve information. You may not sell, distribute or commercially
exploit the database or the results of any database search performed.
You may make a very limited number of hard copies of any search
output for your personal use only. You may not sell, rent, lease,
lend, or transfer any services provided on LifeCare.com and you
may not assign or sublicense this license.
LIFECARE SERVICES
LifeCare.com contains various types of information authored either
by LifeCare or third parties. Additionally, we provide access to
a provider searches and forums for users to post information to
the Site.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK
FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED
ON THE SITE. LIFECARE.COM IS INTENDED TO BE A GENERAL INFORMATION
RESOURCE ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE OR
TREATMENT FROM APPROPRIATE MEDICAL, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL.
YOU ARE RESPONSIBLE FOR SEEKING APPROPRIATE PROFESSIONAL ADVICE.
YOU AGREE TO HOLD LIFECARE HARMLESS FROM ANY CLAIMS RELATING TO
YOUR USE OF, OR ERRORS IN INFORMATION FOUND ON THIS SITE IN EXCHANGE
FOR YOUR USE OF THE SITE.
TERMINATION
You understand that LifeCare may in its sole discretion terminate
your ability to use LifeCare.com if you violate the terms of this
Agreement or any other statement incorporated by reference.
DISCLAIMER
LIFECARE IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS
IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WITH RESPECT TO THIS SITE, ITS CONTENTS OR ANY OF THE PRODUCTS
OFFERED THEREON. LIFECARE DISCLAIMS ALL SUCH REPRESENTATIONS AND
WARRANTIES, INCLUDING, THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. IN ADDITION, LIFECARE DOES NOT REPRESENT
OR WARRANT THAT THE SITE OR INFORMATION ACCESSIBLE VIA THIS SITE
IS ACCURATE, WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE OR CURRENT.
LIFECARE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS
PUBLICATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED
TO THIS PUBLICATION. REFERENCES TO CORPORATIONS, THEIR SERVICES
AND/OR PRODUCTS ARE ALSO PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PRODUCTS AND SERVICES
ARE USED AT YOUR OWN RISK. PRICE AND AVAILABILITY IS SUBJECT TO
CHANGE WITHOUT NOTICE.
PROVIDER LISTS
Provider lists obtained through LifeCare are not exhaustive of all
resources available in any particular area. Results vary according
to the search criteria entered. LifeCare makes every effort to ensure
that the information obtained through LifeCare is accurate and up
to date, however this information cannot be guaranteed. In all instances,
users should verify all information received. All final decisions
on the appropriateness of information, the quality of a product
or the qualifications of a service provider must be made by you.
In all cases, information provided to you about a particular person
or entity ("Provider") is not an endorsement of that particular
Provider by LifeCare. LifeCare does not make any express or implied
warranty of any kind with respect to the Provider or services performed
or to be performed by the Provider. You expressly assume any and
all risk and liability resulting from acts or omissions of any Provider.
In no event will LifeCare be liable for any direct, special, indirect,
consequential or incidental damages arising out of or in connection
with providing information about or referring any Provider or otherwise.
DISCOUNT CENTER
To the extent that the Services for which you are eligible include
Discount Center Services, you assume all risk in association with
the goods or services that you purchase. LifeCare makes no warranties,
expressed or implied, with regard to the goods and services offered
through the Discount Center. You will be solely responsible for
the payment of any fees and costs associated with the goods or services
purchased. Any complaints or issues regarding any goods or services
that you purchase, must be directed to the seller of the good or
service, not LifeCare. Also, the Discount Center may offer certain
discounts which have expiration dates. Such Discounts are void after
the expiration date and any alteration of discount coupons shall
also void the discount. To the extent that your services include
a "Classified" section, the goods and services available
through the "Classified" section are offered by other
employees, not LifeCare. LifeCare is not responsible for the goods
or services offered and hereby disclaim all liability in connection
with all goods or services available through the "Classified"
section.
COPYRIGHT
All web site design, text, graphics, the selection and arrangement
thereof, Copyright © 1999-2007, LifeCare®,
LifeCare.comSM (formerly DCC®) ALL RIGHTS
RESERVED. The contents of this site are protected by copyright and
trademark laws, and are the property of LifeCare and any other owners.
You may access the materials located within the LifeCare Sites only
for your personal use. This means you may download one copy of posted
materials on a single computer for personal, noncommercial home
use only, so long as you neither change nor delete any author attribution,
trademark, legend or copyright notice. When you download copyrighted
material you do not obtain any ownership rights in that material.
Any other use of materials on this web site, including reproduction
for purposes other than those noted above, modification, distribution,
or republication, without the prior written permission of LifeCare
is strictly prohibited. You may seek our permission by writing to
LifeCare, Attention: Communications Department, PO Box 2783, Westport,
CT 06880. If permission is granted by us and by all other entities
with an interest in the relevant intellectual property, you may
not change or delete any author attribution, trademark, legend or
copyright notice.
Other more restrictive disclaimers and limitations
on use of certain information on this site may be noted elsewhere.
In the event of a contradiction regarding this and other disclaimers,
the more restrictive disclaimers shall apply.
THIRD PARTY CONTENT/COPYRIGHTS
LifeCare has licensed certain of the content on LifeCare.com
from third parties. This content is the intellectual property of
the copyright owner. Any copying, republication or redistribution
of third party content, including by catching, framing, or similar
means, is expressly prohibited.
TRADEMARKS
All other trademarks, product names and company names or logos cited
herein are the property of their respective owners.
LIFECARE FORUMS
A LifeCare "forum" means any interactive service appearing
on any of the LifeCare Sites. You may not post on any forum any
material that is libelous, defamatory, obscene, abusive, invades
a person's privacy, violates any intellectual property rights, or
that would otherwise violate any law. You may not use any forum
in a commercial manner. You may not post material that solicits
funds, or that advertises or solicits goods or services. You may
not post material known to be false. You may not post or transmit
any information, software or other material that contains a virus
or other harmful component. We also reserve the right to remove
any such violative material.
LIMITATION OF LIABILITY
LIFECARE.COM SERVICES ARE USED AT YOUR OWN RISK. LIFECARE WILL NOT
BE LIABLE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OF
OUR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
TO NEGLIGENCE, WILL LIFECARE OR ANY OF ITS AFFILIATED COMPANIES
OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE
FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO COMPENSATORY,
DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL
DEATH, EMOTIONAL DISTRESS, LOSS OF DATA, INCOME OR PROFIT, LOSS
OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER
THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
OR OTHERWISE.
THIRD PARTY PROVIDERS/LINKS
These terms and conditions apply only to the LifeCare Sites,
and not to the sites of any other companies or organizations, including
those to which any of the LifeCare Sites may link. We are not responsible
for the availability of any other site to which any of the LifeCare
Sites link. We do not endorse or take responsibility for the content,
advertising, products or other materials made available through
any other content provider or site. Under no circumstances will
we be held responsible or liable, directly or indirectly, for any
loss or damage that is caused or alleged to have been caused to
you in connection with your use of, or reliance on, any content,
goods or services available on any other site.
PASSWORD AND LAWFUL USE
In connection with the operation of this Web site, we will request
that you select a Password and Screen Name. You alone are responsible
for maintaining the confidentiality of your Password and Screen
Name. You may use our services for lawful purposes only. You may
not use our services to post, transmit or otherwise distribute unlawful
material such as threats of physical harm, defamatory statements,
pornographic material, and copyrighted, trademarked, and other proprietary
material used without proper authorization. You may not attempt
to use or distribute tools designed for compromising security or
take action to compromise the security of this site. You are responsible
for all use of our services and LifeCare.com with your Password
and Screen Name, with or without your consent, by yourself and others.
INDEMNITY
You agree to indemnify, and hold LifeCare harmless from and against
any and all claims, actions or demands brought against us alleging:,
that your use of the LifeCare Sites: (i) infringed or misappropriated
of any intellectual property rights of anyone; (ii) defamed, libeled,
slandered a anyone or that you use of the site was obscene, pornographic,
or violated a third party's rights of privacy or publicity; or (iii)
is deemed to be spam, or to constitute offensive, harassing or illegal
conduct. You also agree to indemnify and hold LifeCare harmless
in connection with any: (a) violation by you of this Agreement;
(b) any damage or destruction to LifeCare, LifeCare.com or any third
party which damage is caused by or otherwise results from your acts
or omissions. The indemnifications set forth in this paragraph include
all expenses and costs (including reasonable attorneys fees) resulting
from or arising out of the above claims.
FORCE MAJEURE
We are not liable for any failure or delay in our performance due
to any cause beyond our reasonable control, including the act or
war, acts of God, earthquake, flood, embargo, riot, sabotage, labor
shortage or dispute, governmental act or failure of the Internet.
MISCELLANEOUS
These terms will be governed by and construed in accordance with
the laws of the State of Connecticut, without regard to any principles
of conflicts of law. You agree that any action at law or in equity
that arises out of or relates to these terms will be filed only
in the state or federal courts located in Fairfield County, Connecticut,
and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
of these terms and conditions is found unlawful, void, or for any
reason unenforceable, then that provision will be considered severable
from the remaining terms and conditions, and will not affect the
validity and enforceability of the remaining provisions. This is
the entire agreement between you and LifeCare relating to the subject
matter it contains. This agreement may be modified only by our posting
of changes to these terms and conditions.
AGREEMENT
By using any of the LifeCare Sites, you signify your acceptance
of our Terms of Use. If you do not agree to this policy, please
do not use our sites. Your continued use of the LifeCare Sites following
the posting of changes to these terms will mean that you accept
those changes.
Last Updated: January 2007
Copyright © 2009, LifeCare®, Inc. 2 Armstrong
Road, Shelton, CT 06484, (203) 226-2680. All rights reserved.
|
