Content means all information and services displayed or provided by this Site. All Content belongs to or is licensed to Newark Care and Rehabilitation (Newark). Content includes text, photographs, artwork, graphics, icons, logos, audio, sounds, music, video, data compilations, user interfaces, visual interfaces, computer code, methods, “look and feel,” and arrangement of the Content. Content is protected by law including copyright.
Newark offers the services available on its Site conditioned upon your acceptance of all the limitations of use and prohibited activities set forth in this Agreement. Your continued use of the Site following the posting of changes means that you accept and agree to the changes. As long as you comply with this Agreement, Newark grants you a limited, non-exclusive, non-transferable, revocable privilege to enter and use the Site. Specific usage rights include:
Unless another license applies to you, you may use Content purposely made available by Newark for downloading from the Site, provided that you: (a) use the unaltered downloaded copy only for your personal, non-commercial informational purpose; (b) not make any additional representations or warranties relating to information contained in the downloaded copy; and (c) do not engage in any of the prohibited uses described below.
The following are Prohibited Uses by any User:
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site or services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
IN NO EVENT WILL Newark, ITS SERVICE PROVIDERS OR ITS PREFERRED PARTNERS BE LIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, FOR ANY INFORMATION (INCLUDING Newark INFORMATION), AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Newark, ITS SERVICE PROVIDERS, OR ITS PREFERRED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
UNDER NO CIRCUMSTANCES WILL Newark BE LIABLE IN ANY WAY FOR ANY UGC, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY UGC, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THESE USE OF ANY UGC POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE OR SERVICES. Newark IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY UGC YOU POST TO THE SERVICES.
Newark AND ITS SERVICE PROVIDERS ARE NOT LIABLE FOR INFORMATION ON THE SITE THAT IS INACCURATE DUE TO TECHNICAL DEFECTS IN SOFTWARE USED ON THE SITE, WHETHER INDUCED BY THEIR RESPECTIVE SYSTEMS OR BY SOFTWARE PROVIDED BY THIRD PARTIES.
If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the materials and third-party content.
Newark reserves the right to terminate service to you without further notice or explanation if it finds at its sole discretion a violation of this Agreement. Your continued ability to access the Site does not constitute a waiver by Newark of rights under this Agreement.
This Agreement and the relationship between you and Newark are governed by the laws of the State of Ohio without regard to any conflict of law provisions.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, those provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement will remain in full force and effect. Newark’s failure to insist on or enforce strict performance of this Agreement is not to be construed as a waiver by Newark of any provision or any right it has to enforce this Agreement, nor will any course of conduct between Newark and you or any other party be deemed to modify any provision of this Agreement. This Agreement does not confer any rights or remedies on any third parties.