IMPORTANT—PLEASE READ CAREFULLY:
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 Kindred for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, Kindred 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 Kindred 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 Kindred 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
This Website is protected by copyright and other intellectual property laws, and any unauthorized access to or use of the Website or any portion thereof may violate such laws.
All content, software, HTML, source code, object code, and any other code, associated media, print media, online or electronic documentation, data, and script forming a part of the Website and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Website are the sole and exclusive property of Kindred or its licensors. You shall not challenge the intellectual property rights associated with the foregoing or do anything that might impair or damage those rights.
You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of Kindred or any of the goodwill associated with any of the foregoing.
You shall not reproduce, edit, modify, adapt, or distribute the foregoing for any purpose whatsoever in violation of existing intellectual property rights. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in, or as part of the Website.
Please send any notices, questions, comments, or concerns regarding this Website, including any notifications of claimed copyright infringement, to:
Kindred Healthcare, Inc.
680 South 4th Street
Louisville, KY 40202-2407
Attn: General Counsel
Links To Other Internet Sites; Links to this Website
You must obtain Kindred’s prior written consent before placing, displaying, or otherwise providing any link(s) to this Website.
Kindred is based in the U.S. and provides this Website for use by persons located in the U.S. This Website may contain products or services, or references to products or services, that are not available outside the U.S. Any such references do not imply that such products or services will be made available outside the U.S. Kindred makes no claims that the Website or any of its content is accessible or appropriate outside the U.S. If you access and use this Website outside the U.S., you are responsible for complying with your local laws and regulations.
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. Kindred 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 Kindred shall create any warranty whether express or implied.
Disclaimer; Limitation of Liability
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINDRED DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. KINDRED DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY CAN BE GIVEN THAT THE DATA IS CURRENT. Kindred does not guarantee the accuracy, completeness, efficacy, reliability, or veracity of the Website. Kindred makes NO WARRANTY as to the security of the Website. Kindred neither warrants nor represents that your use of the Website is legal under all applicable laws and regulations or will not infringe rights of third parties not owned by or affiliated with Kindred. USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. Kindred assumes no responsibility for consequences resulting from the use of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KINDRED AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND/OR TRUSTEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KINDRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO LOSSES OR DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE; (iv) RELEASE OR DISCLOSURE OF DATA; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Governing Law and Jurisdiction; Limit on Commencing Actions; General Information