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Please read the following Terms carefully before using the Nightingale Care Homes LLC website, as well as any online features, services, and programs offered by Nightingale Care Homes LLC (collectively, the “Website”). By accessing or using the Website, you agree to be bound by these Terms. We encourage you to review these Terms regularly as they may change at any time at the sole discretion of Nightingale Care Homes LLC. If you do not agree to any portion of these Terms, please refrain from accessing or using the Website. The term “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to, and downloaded from the Website.
We will make an effort to update this web page with any changes to these Terms and the services described herein. You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
No warranties; indemnification. You expressly agree that your use of the Website is at your sole risk. The Website, the online service, and the Content are provided “as is” and “as available” for your use, without warranties of any kind, either express or implied unless such warranties are legally incapable of exclusion. Nightingale Care Homes LLC provides the Website and the online service on a commercially reasonable basis. Nightingale Care Homes LLC makes no representations or warranties that the Website, the online service, the Content, or any services offered in connection with the Website are or shall remain uninterrupted or error-free. Nightingale Care Homes LLC does not guarantee that the Content shall be non-infringing on any third party’s intellectual property rights, that defects shall be corrected, that the web pages on the Website, the online service, any electronic communication, or the servers used in connection with the Website are or shall remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful components, or that any person using the Website will be the person that they represent themselves to be. Nightingale Care Homes LLC does not guarantee that you will be able to access or use the Website at times or locations of your choosing, or that Nightingale Care Homes LLC shall have adequate capacity for the Website and the online service as a whole or in any specific geographic area.
You agree to defend, indemnify, and hold Nightingale Care Homes LLC and its affiliates, subsidiaries, owners, directors, officers, employees, and agents harmless from and against any claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Nightingale Care Homes LLC, directly or indirectly, concerning or arising out of: (i) your failure to comply with these Terms; (ii) the breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Limitation of liability. In no event will Nightingale Care Homes LLC be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the Website and/or any service provided in connection with the Website, the online service, and/or any service provided in connection with the Website, or for any other claim related in any way to your use of the Website, the online service, and/or any service provided in connection with the Website, including but not limited to: (a) errors, mistakes, or inaccuracies of Content; (b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Website, the online service, and/or any service provided in connection with the Website; (c) any unauthorized access to or use of our computer servers and/or any personal information and/or financial information stored therein; (d) any interruption or cessation of transmission to or from the Website, the online service, and/or any service provided in connection with the Website; and/or (e) any viruses, worms, time bombs, drop dead devices, Trojan horses, or other harmful components that may be transmitted to or through the Website, the online service, and/or any service provided in connection with the Website by any third party or for any loss or damage of any kind. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, Nightingale Care Homes LLC’s liability will be limited to the greatest extent permitted by law.
PRIVACY. Nightingale Care Homes LLC’s Privacy Policy will handle the personal data that you provide regarding yourself.
Nightingale Care Homes LLC may provide hyperlinks to other websites maintained by third parties, or Nightingale Care Homes LLC may provide third-party Content on the Website by framing or other methods. The links to third-party websites are provided for your convenience and information only. The content on any linked website is not under Nightingale Care Homes LLC’s control. Nightingale Care Homes LLC is not responsible for linked websites’ content, including any further links contained on a third-party website. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Nightingale Care Homes LLC. In most cases, Nightingale Care Homes LLC is unaware that a third party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, Nightingale Care Homes LLC’s Content; (ii) may not create a browser, border environment, or frame Nightingale Care Homes LLC’s Content; (iii) may not imply that Nightingale Care Homes LLC is endorsing it or its products; (iv) may not misrepresent its relationship with Nightingale Care Homes LLC; (v) may not present false or misleading information about Nightingale Care Homes LLC’s products or services; and (vi) should not include Content that could be construed as distasteful, offensive, or controversial and should contain only Content that is appropriate for all age groups.
The trademarks, service marks, and logos used and displayed on the Website are Nightingale Care Homes LLC’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Nightingale Care Homes LLC is the copyright owner or authorized licensee of all text and graphics on the Website. All trademarks and service marks of Nightingale Care Homes LLC that may be referred to on the Website are the property of Nightingale Care Homes LLC. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel, or any license or right to use any of Nightingale Care Homes LLC’s trademarks or service marks without Nightingale Care Homes LLC’s prior written permission. Nightingale Care Homes LLC aggressively enforces its intellectual property rights. Neither the name of Nightingale Care Homes LLC nor any of Nightingale Care Homes LLC’s other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Website or otherwise, without Nightingale Care Homes LLC’s prior written permission, except that a third-party website that desires to link to the Website and that complies with the requirements of Paragraph 4(b) above may use the name “Nightingale Care Homes LLC” in or as part of that URL link. If you believe that any Content on the Website violates your intellectual property right, please contact Nightingale Care Homes LLC at the address, email address, or telephone number set forth at the bottom of these Terms.
Nightingale Care Homes LLC makes no representation that Content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your initiative and are responsible for compliance with local laws. Nightingale Care Homes LLC is not responsible for any violation of the law. You may not use or export the Content or materials on the Website to violate U.S. export laws and regulations. You agree that the Website and these Terms shall be interpreted and governed by federal law and, to the extent not preempted by federal law, with the state’s laws where Nightingale Care Homes LLC conducts business. The Website shall be deemed a passive website and service that does not give rise to personal jurisdiction over Nightingale Care Homes LLC, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and, at this moment, submit to the exclusive personal jurisdiction of the state and federal courts located where Nightingale Care Homes LLC conducts business. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country where you reside (if different from the United States).
Information Nightingale Care Homes LLC publishes on the Website may contain references or cross-references to products, programs, or services of Nightingale Care Homes LLC that are not necessarily announced or available in your area. Such references do not mean that Nightingale Care Homes LLC will announce any of those products, programs, or services in your area at any time. You should contact Nightingale Care Homes LLC for information regarding the products, programs, and services that may be available to you, if any.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such or any other term. Nightingale Care Homes LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Nightingale Care Homes LLC Web Site Privacy Policy are the entire agreement between you and Nightingale Care Homes LLC concerning your use of the Website and the Online Service and supersede any prior communications and prior agreements, whether written or oral, between you and Nightingale Care Homes LLC regarding the Website and the Online Service.
By accessing and using the Website, you consent to and agree to be bound by the preceding terms. If we decide to change these Terms, we will make an effort to post those changes on the web page to understand the terms and conditions that apply to your use of the Website and the Online Service. Your use of the Website and the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
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