DIVERSIFIED HEALTH SERVICES
WEBSITE TERMS AND CONDITIONS OF USE
This website (the “Site”) contains information about Diversified Health Services, Developmental Disability Management Services, Diversified Healthcare, and their affiliated entities (“Company”), and the services provided by the Company (the “Services”). Use of the Site is governed by these terms and conditions of use (“Terms”). You acknowledge that you have read these Terms and that you accept and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SITE. BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. FURTHER, UNDER CERTAIN CIRCUMSTANCES, SUCH AS SUBMISSION OF YOUR RESUME FOR EMPLOYMENT CONSIDERATION, YOU MAY BE REQUIRED TO AFFIRMATIVELY “ACCEPT” THESE TERMS PRIOR TO BEING PERMITTED TO TAKE SUCH ACTION. THE Company may from time to time change these Terms. Because these Terms are binding upon you in connection with any use you make of the Site, you are advised to periodically review this page for changes to the Terms.
The Site as a whole, as well as all materials, images, text, illustrations, designs, icons, photographs, video, audio, structure, layout, selection and arrangement, software, “look and feel,” User Submissions (as defined below), and other elements contained on or otherwise making up the Site (collectively, the “Contents”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. Unless otherwise noted, all worldwide rights, titles, and interests in and to the Site and the Contents are owned or licensed by the Company or its affiliated companies. The Company grants you a limited, nonexclusive, nontransferable license to access and use the Site and Contents for informational and personal purposes. In all events, however, you shall not be permitted to, and you shall not permit others to: (i) copy, adapt, display, distribute, publish, disseminate, transmit, store, sell, or use the Site or the Contents for any purposes or in any manner other than as intended and expressly authorized in writing by The Company; (ii) attempt to remove from the Site, download, copy, recreate, disassemble, modify, destroy, tamper with, deactivate, translate, reverse engineer, or decompile any software or other Contents on the Site; (iii) assign, sell, sublicense, lease, or otherwise transfer your right to use the Site or the Contents; or (iv) remove or obscure any copyright or other proprietary notices set forth on the Site or the Contents.
You agree to use the Site and the Contents only for proper, lawful purposes and not for any illegal, unethical, fraudulent, deceptive, or other unauthorized purposes. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You further agree to refrain from taking any action that could impose an unreasonable or disproportionately large burden on the Site infrastructure. You further agree to refrain from making any attempt to harvest or otherwise collect or compile information about others, including e-mail addresses or personal data, without their consent. You acknowledge that, while much of the Site is open for public browsing, some areas of the Site may from time to time be restricted and accessible only to certain users via password. You agree to access and use only those areas of the Site that have been authorized for your use and to refrain from using any password or account information of any third party. If you have a password, you agree not to disclose or share your password or other relevant account information with any third parties or to use your password for any unauthorized purpose.
By sending e-mails, posting submissions, uploading files, inputting data, or engaging in any other form of communication with or to the Site (collectively, “User Submissions”), you hereby grant to The Company a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, copy, display, license, sublicense, adapt, distribute, publicly perform, publish, transmit, modify, edit, translate, and otherwise exploit such User Submissions, in all media now known or hereafter developed. You hereby waive any claim against The Company for any alleged or actual infringement of any intellectual property rights, other proprietary rights, rights of privacy or publicity, moral rights, or rights of attribution in connection with any such User Submissions. Notwithstanding the foregoing, User Submissions containing personal information and data shall be governed by The Company.
You agree to submit to the Site only User Submissions that are proper, lawful, and related to the purposes of the Site. You agree that you will not, and will not permit others to, submit any User Submissions to the Site that:
(i) infringe any intellectual property, privacy, or publicity rights of others;
(ii) are obscene, vulgar, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to others;
(iii) constitute, or encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
(iv) contain a virus or other harmful component;
(v) constitute or contain false or misleading indications of origin, statements of fact, or impersonations of another person or entity;
(vi) constitute advertising or solicitation of business;
(vii) disrupt the normal flow of activity on the Site; or
(viii) constitute chain letters, pyramid schemes, virus hoaxes, false alarm messages, “spam,” or similar material.
The Company reserves the right in its sole discretion to delete without notice any User Submissions received from any source. The Company further reserves the right in its sole discretion to limit, restrict, suspend, or terminate any person’s or company’s access to or usage of the Site or any other portion hereof for any reason. The Company further reserves the right in its sole discretion to change, The Company further reserves the right in its sole discretion to change, suspend, or discontinue any aspect, feature, function, or Contents of the Site at any time without notice or liability.
To the extent that you submit personal data in connection with becoming an employee, in response to an employment opportunity found on the Site, or otherwise, you represent and warrant that all such information will be truthful, accurate, and not misleading, and shall not omit or fail to state any material information.
COMPANY COMMUNICATIONS TO YOU
You agree that the Company may send e-mail and other communications to you for the purpose of advising you of changes or additions to the Site, about any products or services of the Company, or about any other matters in the sole discretion of the Company.
LINKS TO OTHER SITES AND SERVICES
The Site may contain links or references to third-party websites, services, or resources. Any such links or references are provided solely as a convenience to you. No such link or reference constitutes an endorsement by the Company of, and the Company makes no warranties or representations whatsoever regarding, any such third-party websites, services, or resources.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
The Company will, in certain circumstances, terminate access to users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please provide the Company’s Copyright Agent (set forth below) a written notice (“Notice”) containing the following elements:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(ii) A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringed and which you request be removed, deleted, or disabled;
(iii) A description of where the material that you claim is infringing is located on the Site;
(iv) Information sufficient to permit The Company to contact you, such as your physical address, telephone number, and e-mail address;
(v) A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Drew Bringhurst
468 Halle Park Drive
Collierville, Tennessee 38017
By telephone: (901) 692-5555
By e-mail: firstname.lastname@example.org
The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site. No other inquiries directed to the Copyright Agent will receive a response.
THE COMPANY IS COMMITTED TO PROTECTING THE PRIVACY OF CHILDREN. THE SITE IS NOT INTENDED OR DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13. THE COMPANY DOES NOT COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM ANY PERSON ACUTELY KNOWN BY THE COMPANY TO BE A CHILD UNDER THE AGE OF 13.
THE SITE AND CONTENTS ARE PROVIDED “AS IS, WHERE IS.” TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, ANY AND ALL CONTENTS AND USER SUBMISSIONS, AND ANY AND ALL INFORMATION CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, THE COMPANY SPECIFICALLY DOES NOT WARRANT: (I) THAT THE OPERATION OF, OR ACCESS TO, THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (II) THAT ADEQUATE SECURITY MEASURES WILL BE IN PLACE TO PREVENT UNAUTHORIZED ACCESS OR OTHER TORTIOUS CONDUCT; (III) THAT SITE ERRORS AND DEFECTS WILL BE CORRECTED; (IV) THAT THE INFORMATION ON THE SITE IS ACCURATE, FREE OF ERRORS, RELIABLE, COMPLETE, OR TIMELY; OR (V) THAT THE SITE AND ITS SERVER ARE VIRUS-FREE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST TIME, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE CONTENTS, THE USER SUBMISSIONS, OR INFORMATION CONTAINED THEREIN, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY MONETARY DAMAGES ARE IMPOSED UPON COMPANY NOTWITHSTANDING THE PRECEDING LIMITATION, YOU AGREE THAT SUCH LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ACTUAL DAMAGES OR $500.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, “LOSSES”), RESULTING FROM OR ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SITE, USER SUBMISSIONS SUBMITTED BY YOU, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SITE OR ANY CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU SPECIFICALLY AGREE TO INDEMNIFY AND DEFEND COMPANY AGAINST ANY LOSSES RESULTING FROM OR RELATED TO ANY FALSE, FRAUDULENT, DECEPTIVE, OR MISLEADING PERSONAL INFORMATION SUBMITTED BY YOU IN SEEKING AN EMPLOYMENT OPPORTUNITY WITH COMPANY, AND ANY CLAIMS BY AN EMPLOYMENT RECRUITER AFTER YOU HAVE OBTAINED EMPLOYMENT THROUGH THE USE OF THE SITE.
The Site is controlled and operated by The Company from its offices in Collierville, Tennessee. These Terms shall be construed in accordance with the laws of the State of Tennessee, without regard to any conflict of laws provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Memphis, Tennessee. These Terms are severable, such that the invalidity, in whole or part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by The Company in exercising any right hereunder shall operate as a waiver of such right and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by The Company must be embodied in a written document signed by The Company. You agree that any claim or cause of action you may have with respect to your use of the Site, the Contents, or the information contained therein must be commenced within one (1) year after the claim or cause of action arises. These Terms constitute the entire agreement between The Company and you with respect to your use of the Site and all components hereof.
IT IS THE EXPRESS INTENT OF THE PARTIES THAT THESE TERMS AND ALL RELATED DOCUMENTS HAVE BEEN DRAWN UP IN ENGLISH.