TERMS OF USE

New Horizons Healthcare, Inc. Terms of Use

New Horizons Healthcare, Inc. (“New Horizons Healthcare” or “we” or “us” or “our”) controls and operates the Internet website located at www.nhhc.com (the “Site”). Please read the following terms and conditions carefully. By using this Site, you agree to these terms and conditions. If you do not agree, you should not use this Site. Because the Internet is an evolving medium, we may need to change these Terms of Use or impose new conditions on the use of this Site from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use. We also have a Privacy Policy which you should read and may access by clicking on the following link. Privacy Policy.

Effective Date: January 1, 2014

Copyright and Trademarks

This Site contains material which is the property of New Horizons Healthcare, and which is protected by United States and international copyright, trademark and other intellectual property laws. All content posted on this Site is the sole and exclusive property of New Horizons Healthcare. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing license rights.

Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, New Horizons Healthcare DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. New Horizons Healthcare DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

New Horizons Healthcare shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this site.

Limitation of Liability

Under no circumstances shall New Horizons Healthcare be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site, or the content, services, or hyperlinks made available on the Site even if we have been advised of the possibility of such damages. If you are dissatisfied with the Site or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless New Horizons Healthcare, and all of our directors and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of the intellectual property rights of New Horizons Healthcare.

Linking Policy

New Horizons Healthcare has entered into agreements with certain third party website owners which allow us to place on such third party’s site (“Third Party Site”), and allows the third party to place on our Site, a hyperlink (a “Link”) or a banner advertisement (“Banner Ad”) containing a Link which allows our respective users to connect to the home page of Third Party Site or this Site.  New Horizons Healthcare has no control over the content and materials that you will be viewing on the Third Party Site. We are not responsible for the content, accuracy, or opinions expressed on any Third Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third Party Site that is placed on our Site does not imply approval or endorsement of the Third Party Site. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the New Horizons Healthcare Privacy Policy stated on this Site is no longer in effect. New Horizons Healthcare may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit these Terms of Use to review the current Linking Policy to which you are bound.

No Medical Advice or Recommendations

This Site offers information, tools and resources to manage the care of persons with age-related and physically debilitating needs. New Horizons Healthcare does not provide medical advice through the Site or through any services offered on the Site. We are not a medical referral service and the Site does not provide medical referrals, or make recommendations or endorsements for any healthcare providers.

Entire Agreement

These Terms of Use constitute the entire agreement between New Horizons Healthcare and you with respect to your use of the Site, and all information (including Confidential Information) obtained by you from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.