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EnduraCare Acute Care Services, LLC

Terms and Conditions

Information made available through this service

You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via these services only for your own use.  You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of EnduraCare.  In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information.  EnduraCare reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information.  These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by EnduraCare or the third party providers from whom EnduraCare has obtained the information.  You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this service.

No warranties made as to content; no responsibilities to update

EnduraCare makes no warranty, express or implied, concerning this service.  The services provided by us and our third party providers are on an “AS IS” basis at your sole risk.  EnduraCare expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.  Neither EnduraCare nor any of its third party providers shall have any responsibility to maintain the data and services made available on this Web site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.

No liability for content; no liability arising from use

EnduraCare shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between EnduraCare and you, regardless of whether the connection or communication service is provided by EnduraCare or a third party service provider.  EnduraCare shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service.  In no event will EnduraCare be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this website, even if EnduraCare has been advised of the possibility of such damages.  EnduraCare will have no responsibility to inform you of any difficulties experienced by EnduraCare or third parties with respect to the use of the services or to take any action in connection therewith.

No representations made as to other sites or links

This service may provide links to certain Internet sites (the “Sites”) sponsored and maintained by third parties.  EnduraCare is providing such links solely as a convenience to you.  Accordingly, EnduraCare makes no representations concerning the content of the Sites.  The fact that EnduraCare has provided a link to the Site does not constitute an endorsement, authorization, sponsorship, or affiliation by EnduraCare with respect to the Site, its owners, or its providers.  EnduraCare has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Site, or the suitability or appropriateness of the products or transactions described therein.  If at any time you are dissatisfied with the website, do not agree with any portion of these Terms of Use, or have any other claim against EnduraCare relating to either these Terms of Use or the website, then your sole, exclusive remedy is to discontinue using the website.

Governing law and jurisdiction

These Terms of Use are governed by Delaware law without regard to the conflicts of laws principles thereof.  You consent to the exclusive jurisdiction and venue of the state and federal courts in Wiliamson or Davidson County, Tennessee in all disputes arising out of or relating to these Terms of Use and/or access or use of the website.  You must commence any cause of action or claim against EnduraCare concerning this website within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible.  The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.  This shall be the entire agreement, superseding all prior agreements between you and EnduraCare regarding this website.  The failure of EnduraCare to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.

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