Terms Of Use

September 15, 2008

Agreement for Use of This Service

Binding Agreement
Please read this Agreement carefully before accessing or using the Service (as defined below). By accessing this Web site or using the Service, you agree to be bound by all of the terms and conditions of this Agreement. This Agreement is intended to be fully effective and binding on you and on us.

All of the web pages related to the domains agingcareresources.com, agingcareresources.net, agingcareresources.org and any other domain operated by or for Aging Care Resources Inc. constitute an online information, education and internet site (the Service) provided by Care Perspectives, Inc. Use of the Service is governed by the terms and conditions of this Agreement. Throughout this Agreement, Aging Care Resources, Inc. may be referred to as "Aging Care Resources”, “Aging Care Resources.com," we, or us.

Use of this Web Site is granted to you as a single individual or facility. You may not reproduce the materials contained herein, nor may you distribute or disseminate the materials contained herein to any third party.

Modifications
Please note that Aging Care Resources may change the terms of this Agreement at any time without notice and such changes will be effective on the date that such modified terms are posted on the Aging Care Resources Web site at http://www.agingcareresources.com . Access to or use of this Web site after such changes have taken effect constitutes acceptance of all changes.

Please also note that at any time, without notice, Aging Care Resources reserves the right to terminate your access to this site.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE AND HEREIN BELOW, AS THE SAME MAY BE MODIFIED FROM TIME TO TIME AS PROVIDED HEREIN, THEN YOU SHOULD CEASE USE OF THIS WEB SITE IMMEDIATELY. BY PROCEEDING TO USE THIS WEB SITE , YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.

Copyright, Trademarks and Third Party Content
© 2008 by Aging Care Resources ALL RIGHTS RESERVED. Text, graphics and HTML code are protected by U.S. and international copyright laws. The marks Aging Care Resources and the Aging Care Resources logo are marks of Aging Care Resources.

Nothing contained in this Web site or this Agreement grants any right to use any of the marks without our prior written permission or that of the respective owner.

All materials on the Service are copyrighted by us and/or by other applicable rights holders, unless otherwise noted. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). Without limiting the foregoing, the copying, redistribution, reposting, publication, adaptation or alteration of any part of this Web site in connection with any enterprise or plan for same is prohibited without prior written permission from us. The use of any the materials presented on this Web site and through the Service on any other Web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws.

For non-commercial purposes only you may make use of our trademarks by linking to our site or discussing the Service with others. You may not, under any circumstances, use our trademarks and copyrighted materials in any manner in violation of this Agreement and the rights reserved by us and/or our licensors of third party content:

• In any article, product or publications that is not owned or approved by Aging Care Resources, Inc
• As part of or attached in any way by reference to any other trademark.
• To identify any services or products that are not owned by Aging Care Resources
• In any manner that may be confusing or likely to cause confusion with any third party’s trademarks or other intellectual property.
• In any manner that clearly, expressly or implies that Aging Care Resources endorses, sponsor or is in any way connected with any activities, products or services not owned or sponsored by Aging Care Resources.
• In any manner that would or could be disparaging or any other manner detrimental to Aging Care Resources and the Services offered by us.

Some of the information and materials posted on the Web Site and made available through the Service are sourced from the Centers for Medicare and Medicaid Services (“ CMS ”), and individual state licensure agencies as noted. Aging Care Resources assumes no liability for the accuracy or completeness of such third party content, nor does Care Perspectives make any representation or warranty regarding such content or the content of any web site that may be linked to from, or that may linked to, this Web Site.

Terms of Use
Aging Care Resources, Inc. offers the Service for general informational and educational purposes only regarding long-term care operations. Nothing related to the Service is intended as medical advice nor should it be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The Service is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read on our Web site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Web site. Reliance on any information provided by or through the Service appearing on the Web site or other visitors to the Web site is solely at your own risk.

The Web site may contain health-or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Web site.

Education and Accreditation Program Participants

There is no charge for you to participate in or to undertake any education, in-service training or accreditation program appearing on this Web site. Please note that if you are requesting credit hours or certification, your personally identifiable information will be disclosed to the Web site’s accredited sponsors and/or agencies to ensure that you receive proper credit for your completing the requirements, as posted in the education or accreditation section of the Web site. Please see further information in our Privacy Policy.

No Warranties
THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION, NOR IS THE SERVICE OR INFORMATION PROVIDED HEREIN INTENDED TO SERVE AS PROFESSIONAL OR LEGAL ADVISE.. You should not assume that the Materials on this Web site are continuously updated or otherwise contain current information. THE SITE IS DISTRIBUTED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WHILE CARE PERSPECTIVES, INC. HAS ENDEAVORED TO MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, WE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.

Limitation of Availability
We do not represent or warrant that this, or any site to which ours is linked, will be accessible or available on a timely basis, or that access to same will be uninterrupted or error free.

Limitation on Liability; Limited Remedies

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR OUR OR OUR AFFILIATES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND /OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

Off-Label use
References may be made to “off-label” or non-FDA approved uses of certain products on this site.

Links
Aging Care Resources is not affiliated or associated with sponsors of sites which hyperlink to or from any Aging Care Resources, Inc. or other sites. The linked sites are not under the control of Aging Care Resources and Aging Care Resources is not responsible for the content of any linked site or any link contained in a linked site. Care Perspectives, Inc. reserves the right to terminate any link or linking program at any time. Care Perspectives, Inc. may provide links from this Web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content, or products to which it links. If you decide to access any of the third party sites linked to this Web site, you do this entirely at your own risk.

You are expressly prohibited from creating a link from any site to our site without our express permission.

Indemnity
You agree to indemnify Aging Care Resources and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.

General
Aging Care Resources, Inc. is located in Phillipsburg, New Jersey, in the United States of America. Aging Care Resources, Inc. makes no claims that the Service is appropriate or may be downloaded outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Governing Law;Jurisdiction
These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws or choice of laws principles.

You expressly and irrevocably agree that exclusive jurisdiction for any dispute with Care Perspectives, Inc, or in any way relating to your use of the Service resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Care Perspectives, Inc, or Care Perspectives, Inc.’s parent, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

You agree that any legal proceeding against Aging Care Resources, Inc. related to the Service shall be filed and tried only in the State Courts of New Jersey, sitting in Warren County, United States of America, or, where such court does not have jurisdiction by law, then any such proceeding shall only be maintained in the State Courts of the State of New Jersey, sitting in Passaic County or the Federal Courts, for the District of New Jersey, sitting in Essex County.Both parties hereby expressly waive any right to a jury trial in any such proceeding.

Severability; Waiver
If any provision of Agreement is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver by Care Perspectives, Inc. of any terms of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Violations
If you violate any terms of this Agreement, your permission to use the Service and the Web site automatically terminates and you must immediately destroy any copies you have made of any portion of the materials contained herein.

Privacy
The personal information you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and our Privacy Policy, this Agreement shall govern.

Survival
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Binding Agreement, Copyright and Trademarks, No Warranty, Limitation on Liability; Limited Remedies, Indemnity, Governing Law; Jurisdiction, Privacy and Complete Agreement.

Complete Agreement
Except as expressly provided in a particular legal notice on the Service, this Agreement constitute the entire agreement between you and Aging Care Resources with respect to use of the Service.

Please also read our Privacy Policy.

Contact Information
If you have any questions about these terms of use or the practices of this site, please contact our Webmaster at [email protected].

Last Updated: September 15, 2008