By indicating your acceptance of this Acceptable Usage Policy, either by clicking on the “I Agree” button below or by accessing the Service, you agree that you have read and accept the terms and conditions contained herein.
Limited Employee Use
Our employees and employees of our affiliates (“employees”) may use our Services if they access or use the Services using a personal device not provided by us or our affiliates and if such access is for personal use and not for work purposes. Employees may not use the Services from a device provided by us or our affiliates or for employment purposes, unless approved in advance by our management for a specific business requirement. If management approves the employee’s use of the Services, the employee has the responsibility to use the Service only for the approved business purposes, and in a professional, ethical, and lawful manner in accordance with our Code of Conduct. Violations of our Internet policies, standards, or guidelines could result in disciplinary action, including, without limitation, employee termination.
As a condition of your use of the Service, you agree to all of the following:
- You are solely responsible for any actions taken from your device (whether intentional or unintentional) that cause damages or otherwise affect other devices or users of the Service.
- You are responsible for your own device and securing it prior to connecting to the Service.
- You are responsible for ensuring that your wireless device is running up-to-date antivirus software.
- You acknowledge and agree that, by using the Services, you may expose your device to worms, viruses, Trojan horses, denial-of-service attacks, intrusions, packet-sniffing and other abuses by third-parties.
- You agree not to run programs, services, systems, processes, or servers, whether by yourself or in connection with other users, in such a way that could degrade network performance or accessibility of the Services (including, without limitation, by saturating network or computer resources, overloading the network with data or conducting other malicious activities).
- You agree to respect the conventions of the Service and refrain from any actions construed to be negligent or malicious.
- You will not knowingly send email containing viruses or other malicious or damaging software.
- You may not send electronic chain letters, mail bombs or any similar communication.
- You may not connect to “Peer to Peer” file sharing networks or download large files, such as movies, television programming, or CD ISO images.
- You agree not to attempt to circumvent or subvert any system or network security measures.
- You agree not to create or run any programs that are designed to identify security loopholes, decrypt intentionally secured data, or gain unauthorized access to any system. You agree not to attempt to decode or otherwise obtain restricted passwords or access control information.
- You understand that wireless Internet access is inherently not secure, and you should adopt appropriate security measures when using the Service. Facility highly discourages the conducting of any confidential transactions (such as online banking or credit card usage) over any wireless network, including the Service.
- You will only use the Service for lawful purposes and in a manner consistent with the rights of other users.
- You will not use the Service in a manner that would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity.
- You agree to respect all copyrights. The unauthorized downloading or sharing of copyrighted materials is strictly prohibited.
- You will use the Service only as permitted by applicable local, state, and federal laws.
- If you violate these obligations, you may be prosecuted by local, state, or federal authorities.
- You agree not to use the Service to access another person’s computer, computer account, files or data without permission.
- You acknowledge that forging the identity of a user or machine in an electronic communication is prohibited.
- You shall not use the Service to access, transmit or store material that is pornographic, obscene, libelous or defamatory, or which holds anyone in a false light, invades any right of privacy, or violates a right of publicity.
- You will not access web sites which contain material that is grossly offensive to Facility’s community, including clear expressions of bigotry, racism, or hatred.
- You will not access web sites that exploit the images of children under 18 years of age.
- You will not access web sites that contain material that defames, abuses, or threatens others.
We use reasonable efforts to provide technical support for the Service Monday through Friday from 8 a.m. to 5 p.m. (CST), excluding holidays. You understand that you are not guaranteed the right to receive technical support.
WE PROVIDE THE SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION RECEIVED THROUGH USE OF THE SERVICE OR WITH RESPECT TO THE AVAILABILITY OF THE SERVICE OR SPECIFIC RATES OF SPEED. WE DO NOT WARRANT THAT THE SERVICE WILL BE OPERATIONAL, SECURE, ERROR-FREE, VIRUS FREE OR TAMPER-PROOF. YOU USE THE SERVICE AND ALL INFORMATION AND MATERIALS OBTAINED THROUGH THE SERVICE AT YOUR OWN RISK.
You shall indemnify, defend and hold us and our affiliates and our respective officers, directors, employees, shareholders, members or agents harmless from all damages, liabilities and expenses (including but not limited to all costs, including attorneys’ fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of this Agreement by you and/or your use of the Service.
YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL WE OR OUR AFFILIATES OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES OR PENALTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STATUTE, REGULATION, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. IN THE EVENT THAT ANY PORTION OF THE FOREGOING PROVISION IS FOUND FOR ANY REASON TO BE UNENFORCEABLE, THEN YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF US, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS AND AGENTS, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
You understand that neither we nor our affiliates will be held liable for any damage, undesired resource usage, or detrimental effects that may occur to your device and software while you use the Service. You hereby release us and our affiliates from liability for any loss, damage, security infringement, or injury which you may sustain as a result using the Service. You agree to be solely responsible for any such loss, infringement, damage, or injury. If the Service is or becomes unacceptable to you, your sole remedy shall be to stop using the Service.
Changes to Service
The Services may change from time to time. You understand that we reserve the right to change the Services or any feature of the Services offered without notice. We also may revise, amend, or modify these terms and conditions and any other policies and agreements at any time and in any manner. Your continued use of the Services shall be your acceptance of such revised, amended or modified terms and conditions, which will be effective immediately upon posting such revised, amended, or modified terms and conditions to the Website. You are responsible for reviewing these terms and conditions from time to time to ensure that you are aware of any changes.
Termination and Suspension
You understand and agree that we may terminate the Service or your access to the Service at any time, with or without reason or notification.
You agree that all disputes arising from your use of the Services shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree to negotiate any disputes in good faith. If no resolution is achieved within thirty (6) days after such negotiation, then either you, us, or our affiliates may submit the dispute to non-binding mediation. You will bear your own costs and expenses of participating in the mediation (including without limitation, attorneys’ fees), which shall take place in Davidson County, Tennessee and you shall bear one-half (1/2) of the costs and expenses of the mediator. The matters discussed or revealed in the mediation session shall not be revealed in any subsequent litigation. In the event the matter is not resolved in the mediation, suit may be brought. Nothing in this section shall be deemed to limit a party’s access to the court system to pursue a remedy that is limited to injunctive relief.
If any term herein is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
No waiver of any breach of a provision of these terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.
Electronic Agreement and Counterparts
You agree that all agreements and transactions between you and Facility and East West Familycare can be conducted electronically. You may print a paper copy of this Agreement to retain for your records.
If you are a copyright owner or such owner’s agent and believe that Facility’s Service have been used to infringe your copyrights, you may submit a notification to firstname.lastname@example.org containing: an identification of the copyright claimed to have been infringed and the material that is claimed to be infringing; information reasonably sufficient to permit Facility and East West Familycare to locate the material; your contact information; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized and that you are authorized to act on behalf of the owner.