January 6, 2009
IMPORTANT LEGAL NOTICE AND DISCLAIMER AGREEMENT
IMPORTANT: YOU MUST READ THIS AGREEMENT BEFORE USING THE TENNESSEE HEALTHCARE WEB SITE. YOUR USE OF THE TENNESSEE HEALTHCARE WEB SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1. General Terms and Conditions
Tennessee Healthcare does not guarantee the accuracy, completeness or availability of the information presented on the Tennessee Healthcare Web Site, and all of the information on the Tennessee Healthcare Web Site is subject to change without notice. Your use of the Tennessee Healthcare Web Site following any such change constitutes your agreement to follow and be bound by the rules as changed.
The Tennessee Healthcare Web Site, and all information and services contained herein, are provided "AS IS" and without warranty of any kind, either express or implied. TENNESSEE HEALTHCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION AND SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Because some states do not allow this exclusion, the above limitation may not apply to you.
You acknowledge, by your use of the Tennessee Healthcare Web Site, that your use of the Tennessee Healthcare Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Tennessee Healthcare Web Site. You agree that Tennessee Healthcare will not be liable for any damages, cost of expense of any kind related to your use of the Tennessee Healthcare Web Site, including but not limited to damages, cost or expense caused by: ( i) any fault or failure in the delivery or operation of the Tennessee Healthcare Web Site; (ii) the suspension or termination of, or the inability to use, all or part of the Tennessee Healthcare Web Site; (iii) the actual or alleged insufficient exercise of care in selecting agents, or in selecting, monitoring or operating the Tennessee Healthcare Web Site; (iv) any failure or delay in informing you of any system failure or in taking action to prevent or correct any system failure; (v) the termination of all or part of this Agreement by Tennessee Healthcare, as provided in this Agreement; or (vi) any other cause relating to the furnishing, performance, maintenance, or use of, or inability to use, all or any part of the Tennessee Healthcare Web Site.
BY ACCESSING THE INFORMATION AND SERVICES CONTAINED IN THE TENNESSEE HEALTHCARE WEB SITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR THE LEGAL CONSEQUENCES OF USING THE TENNESSEE HEALTHCARE WEB SITE. IN NO EVENT WILL TENNESSEE HEALTHCARE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE OR RESPONSIBLE FOR DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, REVENUES, PROFITS OR SAVINGS, THAT MAY BE INCURRED THROUGH THE USE OF THE SERVICES ON THE TENNESSEE HEALTHCARE WEB SITE OR THE INFORMATION FOUND ON THE TENNESSEE HEALTHCARE WEB SITE, EVEN IF TENNESSEE HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, AND NOTWITHSTANDING THE FORM OR ANY LEGAL OR EQUITABLE ACTION WHICH MAY BE BROUGHT AGAINST TENNESSEE HEALTHCARE (E.G., CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). By accessing the Tennessee Healthcare Web Site, you agree to fully indemnify and hold harmless Tennessee Healthcare, its officers, directors, shareholders, employees, agents, suppliers and contractors of and from any and all claims of any kind arising out of your participation in and/or use of the Tennessee Healthcare Web Site.
The Tennessee Healthcare Web Site, and all information and services contained herein, are provided "AS IS" and without warranty of any kind, either express or implied. TENNESSEE HEALTHCARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION AND SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Because some states do not allow this exclusion, the above limitation may not apply to you.
You acknowledge, by your use of the Tennessee Healthcare Web Site, that your use of the Tennessee Healthcare Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Tennessee Healthcare Web Site. You agree that Tennessee Healthcare will not be liable for any damages, cost of expense of any kind related to your use of the Tennessee Healthcare Web Site, including but not limited to damages, cost or expense caused by: ( i) any fault or failure in the delivery or operation of the Tennessee Healthcare Web Site; (ii) the suspension or termination of, or the inability to use, all or part of the Tennessee Healthcare Web Site; (iii) the actual or alleged insufficient exercise of care in selecting agents, or in selecting, monitoring or operating the Tennessee Healthcare Web Site; (iv) any failure or delay in informing you of any system failure or in taking action to prevent or correct any system failure; (v) the termination of all or part of this Agreement by Tennessee Healthcare, as provided in this Agreement; or (vi) any other cause relating to the furnishing, performance, maintenance, or use of, or inability to use, all or any part of the Tennessee Healthcare Web Site.
BY ACCESSING THE INFORMATION AND SERVICES CONTAINED IN THE TENNESSEE HEALTHCARE WEB SITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR THE LEGAL CONSEQUENCES OF USING THE TENNESSEE HEALTHCARE WEB SITE. IN NO EVENT WILL TENNESSEE HEALTHCARE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE OR RESPONSIBLE FOR DAMAGES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF USE, REVENUES, PROFITS OR SAVINGS, THAT MAY BE INCURRED THROUGH THE USE OF THE SERVICES ON THE TENNESSEE HEALTHCARE WEB SITE OR THE INFORMATION FOUND ON THE TENNESSEE HEALTHCARE WEB SITE, EVEN IF TENNESSEE HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES, AND NOTWITHSTANDING THE FORM OR ANY LEGAL OR EQUITABLE ACTION WHICH MAY BE BROUGHT AGAINST TENNESSEE HEALTHCARE (E.G., CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). By accessing the Tennessee Healthcare Web Site, you agree to fully indemnify and hold harmless Tennessee Healthcare, its officers, directors, shareholders, employees, agents, suppliers and contractors of and from any and all claims of any kind arising out of your participation in and/or use of the Tennessee Healthcare Web Site.
2. Copyright and Trademark Notice
All Tennessee Healthcare Web Site design, text and graphics, images, illustrations, photographs, video clips, and written or other materials that are part of the Tennessee Healthcare Web Site, as well as the selection and arrangement thereof, and all software, are the property of Tennessee Healthcare and are protected, pursuant to, among other things, United States and foreign patent, copyright, trademark and trade secret laws.
The Tennessee Healthcare Web Site is intended solely for personal, noncommercial use by the users of the Tennessee Healthcare Web Site. Permission is granted to download or copy portions of the Tennessee Healthcare Web Site for your personal use only. Any other use of materials on the Tennessee Healthcare Web Site, including, without limitation, reproduction for purposes other than those noted above, or any modification, distribution, republication or re-transmission of any portion of the Tennessee Healthcare Web Site, without the express prior permission of Tennessee Healthcare, is strictly prohibited.
Tennessee Healthcare, the Tennessee Healthcare logo and all page headers, custom graphics and button icons displayed or otherwise used in the Tennessee Healthcare Web Site are service marks, trademarks, and/or trade dress of Tennessee Healthcare. All other trademarks, product names, company names, and logos displayed or otherwise used in the Tennessee Healthcare Web Site are the property of their respective owners.
The Tennessee Healthcare Web Site is intended solely for personal, noncommercial use by the users of the Tennessee Healthcare Web Site. Permission is granted to download or copy portions of the Tennessee Healthcare Web Site for your personal use only. Any other use of materials on the Tennessee Healthcare Web Site, including, without limitation, reproduction for purposes other than those noted above, or any modification, distribution, republication or re-transmission of any portion of the Tennessee Healthcare Web Site, without the express prior permission of Tennessee Healthcare, is strictly prohibited.
Tennessee Healthcare, the Tennessee Healthcare logo and all page headers, custom graphics and button icons displayed or otherwise used in the Tennessee Healthcare Web Site are service marks, trademarks, and/or trade dress of Tennessee Healthcare. All other trademarks, product names, company names, and logos displayed or otherwise used in the Tennessee Healthcare Web Site are the property of their respective owners.
3. General
This Agreement shall be construed in accordance with the laws of the State of Tennessee. You agree that jurisdiction over any dispute arising in connection with this Agreement will be vested exclusively in courts located in Davidson County, Tennessee. This Agreement supersedes all prior agreements and understandings between the parties respecting the subject matter of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions of this Agreement. Section 1 (General Terms and Conditions) shall survive termination of this Agreement.
4. Termination
Tennessee Healthcare may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Tennessee Healthcare Web Site, if in Tennessee Healthcare's sole discretion, you fail; to comply with any term or provision of this Agreement. Upon such termination by Tennessee Healthcare, you must promptly destroy all materials downloaded or otherwise obtained from the Tennessee Health Care Web Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.
