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Nebraska
Assisted Living Association
Disclaimer
By using the
Nebraska Health Care Association (NHCA) Website, you agree to be
bound by the Terms and Conditions below. Please read them carefully.
If you do not wish to be bound by these Terms and Conditions, you
should not access or use the NHCA Website.
The materials
contained herein include information and facts and the opinions
and recommendations of various individuals and organizations regarding
governmental regulations, statutes and practices, and potential
changes to same. Notwithstanding anything to the contrary stated
or implied in any of the materials available herein, NHCA and its
agents, affiliates, employees, and contractors cannot and do not
make any representation, warranty, endorsement or guarantee, express
or implied, regarding (i) the accuracy, completeness or timeliness
of any such information, facts, or opinions or (ii) the merchantability
or fitness for any particular purpose thereof, nor shall any of
such materials be deemed the giving of legal advice by NHCA, its
agents, affiliates, employees, or contractors. All users should
consult their own legal advisors, applicable regulatory entities,
and other sources of legal information and advice for any opinions
or recommendations with respect to their own legal situation.
Neither
NHCA nor its agents, affiliates, employees, or contractors shall
be liable to you or any other person or entity for any loss or injury
or any direct, indirect, incidental, consequential, special, punitive,
or similar damages, or any other damages of any nature whatsoever
arising out of any of the materials (or any portion thereof) contained
or not contained herein. BY ACCESSING THE NHCA WEBSITE,
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST NHCA AND ITS AGENTS,
AFFILIATES, EMPLOYEES, AND CONTRACTORS ARISING OUT OF YOUR USE OF
THE NHCA WEBSITE AND THE INFORMATION CONTAINED HEREIN.
We have provided
links and pointers to Internet sites maintained by third parties.
Neither NHCA nor any of its agents or employees operates or controls
in any respect any information, products, or services on these sites,
or endorses or makes any representation or warranty regarding these
sites. You assume total responsibility and risk for your use of
these third party sites.
Neither
NHCA nor its employees, affiliates, or contractors controls the
messages, information, or files which will be delivered via the
listserve herein made available, all of which will normally be automatically
forwarded by the listserve program in the form submitted by you
and other users. Neither NHCA nor its employees, affiliates, or
contractors makes any representation or warranty that any information,
software, or other material delivered by the listserve will be free
of viruses, worms, Trojan horses, or other harmful components. However,
it is a condition of your use of the listserve that you not:
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or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, pornographic, profane, or indecent information of any
kind including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local,
state, national. or international law;
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port or transmit any information or software which contains a
virus, cancelbot, Trojan horse, worm, or other harmful component;
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post, publish, transmit, reproduce, or distribute in any way any
information, software, or other material on or from the listserve
for commercial purposes; or
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upload, post, publish, transmit, reproduce, or distribute in any
way information, software, or other material which is protected
by copyright, or other proprietary right, or derivative works
with respect thereto without obtaining permission of the copyright
owner or rightholder.
You
understand that NHCA has no obligation to monitor the listserve.
However, you agree that NHCA has the right to monitor the listserve
from time to time and to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole discretion,
are objectionable or in violation of these Terms and Conditions.
The
materials displayed on the NHCA Website, including without limitation
all editorial materials, informational text, photographs, illustrations,
artwork and other graphic materials, and names, logos, trademarks
and service marks, are the property of NHCA or of the parties furnishing
such materials to NHCA and are protected by copyright, trademark,
and other intellectual property laws. Any such content may be displayed
and printed solely for your own use, and you agree not to reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or
circulate any such material to any other person or entity without
the express prior written consent of NHCA.
You agree to
indemnify, hold harmless and defend NHCA and its agents, affiliates,
and employees from and against any and all claims, liabilities,
costs and losses, including reasonable attorney's fees, arising
from any violation of these Terms and Conditions by you.
If
any portion of these Terms and Conditions is held to be unenforceable,
the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intentions
of the parties and the remainder of the provisions shall remain
in full force and effect. NHCA's failure to insist upon or enforce
strict performance of any provision of these Terms and Conditions
shall not be construed as a waiver of any provision or right. Neither
the course of conduct between parties nor trade practice shall act
to modify any provision of these Terms and Conditions. Any cause
of action which you may have with respect to the NHCA Website must
be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
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