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Skilled
Nursing Physical Therapy Occupational Therapy Speech Therapy Social Worker Home Health Aide SPECIALTY PROGRAMS H.E.A.R.T. Cardio-thoracic Post-operative Program Total Joint Replacement Program Living
With Congestive Heart Failure Diabetes Education
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TERMS AND CONDITIONS OF USE
OF
AmeriCare Home Health
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of AmeriCare Home Health ("the Website") and any Services referred to
in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose
that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms,
conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately
stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use
of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your
responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated
otherwise the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their
children access to and use of the Website/Services should supervise such access and use. By allowing your child access to
the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news
groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services
are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your
children via any of the Services.
4 PRIVACY POLICY
4.1 We are committed to responsible data management and subscribe to the principals of the data
protection legislation in the State of Florida. We are committed to maintaining the privacy of our users and maintaining
the security of any personal information received from you. If you register for any of the Services you will be asked to
provide basic personal information. The information provided by you is not available for sale or use by third parties. The
information is used solely for notifying you of changes or updates to the Website/Services.
4.2 We use a technology called "cookies" as part of our normal business procedure to track patterns of behavior
of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on
your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify
you unless you change your browser settings.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process
by providing certain information and registering a username and password for use with that Service. You are responsible for
maintaining the confidentiality of the username and password and also for all activities, which take place under your account.
You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In
no event will AmeriCare Home Health be liable for any indirect or consequential loss or damage whatsoever resulting from the
disclosure of your username and/or password. You may not use another persons account at any time, without the express permission
of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images,
sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility
of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy,
integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is
offensive and/or indecent. AmeriCare Home Health will not be liable in any way for any Content or for any loss or damage
of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated
with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited
messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing,
obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination,
hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy
and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent
or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage
the operation of the computer or property of another;
6.2.7 collect or store personal information about others, including email addresses;
6.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication
facility specifically allows such messages;
6.2.9 impersonate any person or entity for the purpose of misleading others;
6.2.10 violate any applicable laws or regulations;
6.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services
or interfere
with any other partys use and enjoyment of the Website/Services;
6.2.12 post, publish, distribute or disseminate material or information that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information
disclosed in the course of employment or under a confidentiality agreement);
6.2.13 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or
networks connected to the Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted
to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions
or is otherwise objectionable.
7 TERMINATION
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including
without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the
Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party
for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to
other websites is not an endorsement of such websites and you acknowledge and agree that AmeriCare Home Health is not responsible
for the content or availability of any such sites.
9 INTERNATIONAL USE9
You agree to comply with all applicable laws regarding the transmission of technical data exported from the State of Florida
or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct
on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design, text, graphics and
all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents
and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely
for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold
or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing
of pages of the Website for personal, non-commercial home use only.
10.2 AmeriCare Home Health does not claim ownership of any materials you post, upload or submit to
any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive
license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as
you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the
Services.
11 INDEMNITY
You agree to indemnify and hold AmeriCare Home Health harmless from and against any breach by you of these Terms and Conditions
and any claim or demand brought against AmeriCare Home Health by any third party arising out of your use of the Services and/or
any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred
by AmeriCare Home Health in consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS
IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express
or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, AmeriCare Home Health will not be liable for any indirect or consequential
loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in
connection with the use of the Website/Services.
12.3 AmeriCare Home Health makes no warranty that the Website/Services will meet your requirements,
that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free,
that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or
anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability
of AmeriCare Home Health for death or personal injury as a result of the negligence of AmeriCare Home Health
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
13 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court
of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive
and remain in full force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the state of Florida and you hereby
submit to the exclusive jurisdiction of the State of Florida courts
15 USE OF ELECTRONIC SIGNATURES
In order to conduct certain transactions with AmeriCare Home Health by electronic means, you, or your authorized representative,
will be required to use an electronic signature when such signature is necessary. AmeriCare Home Health will ask that you
also agree to all terms and conditions presented in an Electronic Signature Agreement. Please be aware that an electronic
signature is as legally binding as a handwritten signature.
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