Purpose. Correctional Healthcare Companies, Inc. (CHC) maintains the CHC Website to enhance public access to general information and services provided by CHC. The CHC Website consists of http://www.correctioncare.com and all websites and pages operated under any sub-domain of the CHC Website.
Use of CHC Website Constitutes Acceptance. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the CHC Website) and CHC. By using the CHC Website you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the CHC Website.
Changes to this Agreement. CHC may remove, amend or replace any provision of this Agreement at any time and will promptly post such changes on the CHC Website.
Medical Information on the CHC Website. Certain information provided on the CHC Website is intended to educate the reader about certain medical conditions and certain possible treatments. It is not a substitute for examination, diagnosis, and medical care provided by a licensed and qualified health professional. If you believe you, or someone you know, suffer from the conditions described herein, please see your health care provider. Do not attempt to treat yourself, your child, or anyone else without proper medical supervision.
No Medical Advice. The CHC Website and all its content are provided for general informational purposes only, and may not reflect current medical developments. Any information contained in CHC Website should not be construed as medical advice and is not intended to be a substitute for consulting your own medical practitioner on any subject matter. No recipient of content from the CHC Website should act or refrain from acting on the basis of any content included in, or accessible through, the CHC Website without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a physician licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
Risks of Doing Business on the Internet. You acknowledge and agree that electronic communications are subject to errors, tampering and break-ins and that, notwithstanding CHC’s implementation of reasonable security precautions, CHC does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided by CHC, from time to time, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of CHC.
NO WARRANTIES. CHC PROVIDES THE CHC WEBSITE AND ALL CONTENT SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. UNLESS OTHERWISE REQUIRED BY ANY MANDATORY APPLICABLE LAW, NONE OF THE CHC WEBSITE CONTENT IS SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. CHC DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT. IN ADDITION, CHC DOES NOT GUARANTEE THAT PROVISION OF CHC WEBSITE OR ANY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
Downloading Content. It is the policy of CHC to enforce its intellectual property rights to the fullest extent permitted by law. All content of the CHC Website including, without limitation, all text, graphics, video, sounds, product names (regardless of whether or not they appear in large print or with the a trademark symbol), and computer code are the valuable proprietary property of CHC, its affiliates, related companies, or its licensors or joint venture partners and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that CHC has expended substantial time and effort to create the CHC Website and the content and services contained on the CHC Website and that CHC exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information , data, databases, images and other material. CHC grants you a revocable, nontransferable, nonexclusive license to download copies of articles, contact information and other content, solely for your individual or internal business use; provided, that you do not: (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any content, or (b) accept any consideration in exchange for any content, or for services provided using any content (including correctional health care services) to any third party. The entire content of the CHC Website, including any images or text, is copyrighted and may not be distributed, modified, reused, reposted, or otherwise used except as provided herein without the express written permission of CHC. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.
Your Privacy. CHC is committed to the protection of your privacy, and will treat all of the information you provide through the CHC Website, including your application information, with the utmost respect. CHC works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. CHC will not sell or disclose personally identifiable information about you to unaffiliated third parties except as required as part of the employment process. You acknowledge that despite reasonable security precautions, any communication or material you transmit to CHC via the CHC Website or Internet electronic mail may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to CHC. For that reason, do not use email to communicate information to us that you consider confidential. Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with CHC’s Privacy Statement.
NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL CHC, ITS SUBSIDIARIES, PARENT COMPANIES, AGENTS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, THE CHC WEBSITE, ANY CONTENT OR ANY SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF CHC, ITS SUBSIDIARIES, PARENT COMPANIES, AGENTS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CHC, ITS SUBSIDIARIES, PARENT COMPANIES, AGENTS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE CHC WEBSITE, ALL CONTENT AND ALL SERVICES EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.
Jurisdiction. This Agreement will be governed by the laws of the State of Colorado, without regard to its rules of conflict of laws. The state and federal courts located in Denver County, Colorado, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, the CHC Website or any content. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. Each party will and hereby does knowingly and voluntarily waive any right to a trial by jury in any case or controversy arising from or relating to this Agreement.
Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.
Force Majeure. CHC its subsidiaries, parent companies, agents, or assigns, or any of their respective partners, employees, vendors or agents will not be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the CHC.
Waiver. CHC its subsidiaries, parent companies, agents, or assigns, or any of their respective partners, employees, vendors or agents will not be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.