LifeCare® Terms of Use
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.