ACCESS TO THIS SITE
The website is intended as a convenience and reference for you and is not professional medical, pharmaceutical, nursing, or insurance advice, diagnosis, treatment, services, or recommendations, nor a substitute, supplement, or replacement therefore. Nothing available on or through the website is intended to be, and must not be taken to be, the practice of medical care or determination. Dakota Home Care makes NO representation, warranty, or guarantee as to any determination of benefits, coverage, costs or charges, authorizations, etc. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, therapeutic, pharmaceutical, nursing, and insurance and benefits coverage matters. No advice or information obtained by you, whether written or oral, from Dakota Home Care shall create any warranty whether express or implied.
By using this site, you agree to indemnify, hold harmless and defend Dakota Home Care from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this site in violation of these terms.
Dakota Home Care may alter, suspend, or discontinue this site at any time for any reason, without notice or cost. The site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
COPYRIGHT AND TRADEMARK INFORMATION
This site and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of Dakota Home Care, its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this site or any Content displayed on this site, through the use of framing or otherwise, without the prior written permission of Dakota Home Care or such third party that may own the trademark or copyright of material displayed on this site.
Subject to your full compliance with these terms, Dakota Home Care authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.
DO NOT PROVIDE ANY CONFIDENTIAL, PERSONAL INFORMATION, OR PROTECTED HEALTH INFORMATION, AS THOSE TERMS ARE DEFINED BY STATE OR FEDERAL LAW, TO THIS WEBSITE. You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the website (“User Material”). Any User Material is and will be treated as non-confidential and non-proprietary. Furthermore, you warrant and agree that such information is non-confidential and non-proprietary and does not comprise personal information or protected health information as those terms are defined by state or federal law. Any User Material may be used by Dakota Home Care for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, Dakota Home Care is free to use any ideas, expression, concepts, know-how, or techniques contained in any User Material for any purpose whatsoever.
You understand that you are the sole person responsible for any and all actions performed using your account, including all uploaded or transmitted User Material, including, but not limited to, all information, data, text, questions, comments, suggestions, software, music, sound, photographs, graphics, video, audio, messages, or other material.
You warrant and agree that you will NOT:
- Post, upload, or transmit through the website any unlawful, threatening, libelous, defamatory, infringing, obscene, indecent, scandalous, inflammatory, pornographic, harassing, profane, or other objectionable materials, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil or criminal liability under U.S. federal, state, local, or international law, or otherwise violate any law or contractual obligation;
- Disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- Post or transmit any personal information (including but not limited to Social Security Numbers) or protected health information;
- Export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
- Collect or store personal information about other users;
- Stalk or harass another;
- Use this website in any manner that could impair the server or the functioning or operation of the website or related equipment or could in any way interfere with other users’ enjoyment of this site as determined by Dakota Home Care in its sole discretion;
- Use this website to disseminate or transmit any bug, virus, trojan horse, worm, trap door or other malicious, harmful or disabling data, work, code or program;
- Impersonate another or manipulate or forge information to disguise the origin of information posted on this website;
- Post, provide, transmit, or otherwise make available any junk mail or spam;
- Attempt to access any unauthorized account, computer, or other network connected to the Dakota Home Care server through any means;
- Override or circumvent any of the protections or usage rules embedded into the website;
- Use the website as an “open relay” or for similar purposes;
- Engage in any conduct that is harmful to minors in any way;
- Take information or content from the website, including but not limited to any member or individual information such as names, email addresses, contact information, or personalized information, for use for any purpose; use the website other than as allowed by applicable law; or
To the fullest extent permissible pursuant to applicable law, Dakota Home Care disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, Dakota Home Care does not warrant that: (i) the information on this site is correct, accurate or reliable; (ii) the functions contained on this site will be uninterrupted or error-free; or (iii) defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
Under no circumstances shall Dakota Home Care be liable for any incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, this site or the information contained on this site, even if Dakota Home Care has been advised of the possibility of such damages. In no event shall Dakota Home Care total liability to you for all damages, losses, and causes of action – whether in contract, tort (including, but not limited to, negligence) or otherwise – exceed $1.
Dakota Home Care makes no representation that information on this site is appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
LINKS TO OTHER SITES
This site may contain links to non- Dakota Home Care sites. These links are provided to you only as a convenience. Such linked sites are not under the control of Dakota Home Care and Dakota Home Care is not responsible for the contents of any linked site, or any link contained in a linked site. The inclusion of any link does not imply endorsement by Dakota Home Care of the site, and Dakota Home Care shall have no responsibility for information that is referenced by or linked to this site.
SUBMISSIONS TO DAKOTA HOME CARE AND AFFILIATED SERVERS
Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Dakota Home Care through this site is the exclusive property of Dakota Home Care. Dakota Home Care is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Statement) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Dakota Home Care and accepts responsibility for its accuracy, appropriateness, and legality.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Dakota Home Care, as described above.