Providing Caregiving That Excels
2. Disclaimer and Limitation of Liability
2.1 FHC does its best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website please let FHC know by sending an email to Webmaster at firstname.lastname@example.org and we will correct it, where we agree, as soon as practicable.
2.2 FHC gives no warranty or assurance about the content of the Website. As the Website is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While FHC makes every effort to ensure that the content of the Website is accurate, FHC cannot accept liability for the accuracy of any content at any given point in time.
2.3 FHC makes every effort to ensure that its computer infrastructure is error-and virus-free but does not warrant that any material available for downloading from the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks, including anti-virus and other security checks to satisfy your particular requirements for accuracy of data input and output.
2.4 Neither FHC nor any of its agents, employees and subcontractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or the information, content or materials included on the Website.
2.5 The exclusion of liability in Part 2.4 includes, without limitation, indirect or consequential loss or damage; loss of actual or anticipated profits (including loss of profits on contracts); loss of revenue; loss of business; loss of opportunity; loss of anticipated savings; loss of goodwill; loss of reputation; loss or damage to or corruption of data; loss of use of money or otherwise, and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
2.6 The Website provides hypertext links to other sites operated by other people. Using such a link means you are leaving the Website. FHC takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect of linked sites. FHC is not responsible for the privacy practices, nor do we accept any liability in connection with the content of such websites, including those of our group entities, which will in some cases have their own privacy policies tailored for the particular business practices and educational sectors in which they operate. Any concerns regarding any external link should be directed to its website administrator or web master.
2.7 We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
2.8 The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific home care, or other, decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.
3. Copyright and Other Intellectual Property
3.1 The Website contains copyrighted material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in the future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, database rights, and other intellectual property rights.
3.3 You may download information from the Website for your own personal use only. Except as otherwise expressly permitted under copyright law or as indicated on the Website, no copying, redistribution, retransmission, publication for private or commercial exploitation of downloaded material will be permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Contributing to the Website
4.1 Where you are invited to submit any contribution to the Website (including any text, message board content, photographs, graphics, video or audio) you hereby agree, by submitting your contribution (‘Contribution’), to grant FHC a perpetual, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Contribution worldwide and/ or to incorporate your Contribution in other works in any media now known or later developed for the full term of any rights that may exist in your Contribution. If you do not want to grant to FHC the rights set out above, please do not submit your Contribution to the Website.
4.2 By submitting your Contribution to the Website, you:
4.2.1 Warrant and represent that your Contribution is:
(a) your own original work and that you have the right to make it available to FHC for all the purposes specified above and that it does not breach or infringe upon anyone else’s, or FHC’s rights, or is in any way illegal;
(b) not defamatory, libelous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
(c) not and does not contravene any relevant local, national or international law or incite or encourage the contravention of any such law;
(d) not related to the conduct of a business;
(e) not advertising or marketing for anything in any way; and
(f) not otherwise offensive;
4.2.2 agree to indemnify and keep FHC indemnified on demand against all legal fees, damages and other expenses that may be incurred by FHC as a result of your breach of the above warranty; and
4.2.3 agree to waive any moral rights in your Contribution for the purposes of its submission to and publication on the Website and the purposes specified above to the fullest extent permitted by law.
4.3 We reserve the right to identify you in response to a court order or threat of legal action.
4.4 If you see any information on the Website that breaches yours, or anyone else’s, or FHC’s rights, or any information that may be illegal, defamatory, or otherwise should be removed, you agree to let us know immediately and, where we agree, we shall do our best to remove it as soon as possible.
5.1 The Agreement forms the entire agreement between you and us. You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/ rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in this Agreement.
5.3 Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
5.5 Failure by us to enforce a right does not result in waiver of such rights.
5.6 You may not assign or transfer your rights under this Agreement.
5.7 We reserve the right to bar Users from the Website and/ or specific web pages, on a permanent or temporary basis at our discretion. Any such User shall be notified and must not then attempt to use the Website under any other name or through any other User.
6. Governing Law
6.2 We provide no warranty or guarantee that the Website or information available on it complies with laws other than those of the State of Arizona.