Terms of Use

PLEASE READ CAREFULLY BEFORE USING THIS SITE

Your continued use of this site constitutes acceptance of the following terms, and any subsequently amended terms and conditions of use published herein.

1. Ownership.

The NaphCare, Inc. site (hereafter referred to as the “Site”), including but not limited to www.naphcare.com, is owned and operated by and on behalf of NaphCare, Inc. (“NaphCare”) and is provided as a resource for anyone interested in correctional healthcare or correctional healthcare IT, including but not limited to NaphCare customers, health care professionals and health care IT professionals and consultants. The Site is made available to you solely under the following terms and conditions. These terms and conditions relate solely to your use of the Site and, in no way, alter, amend or modify the terms or conditions of any other agreement which you may have in place with NaphCare.

NaphCare reserves the right to terminate, change, alter, amend, suspend or discontinue any part or aspect of the Site. NaphCare may, at any time and without notice or liability, modify or remove the content or features of the Site, or may restrict your access to any or all parts of the Site. NaphCare may terminate the Site or your access to the Site at any time without notice.

2. Access.

By accessing www.naphcare.com you agree to be bound by the Terms of Use including all terms and conditions set forth herein or any additional terms and conditions set forth on this website. You are granted access to public areas of the Site pursuant to the terms and conditions set forth herein. If you do not agree to all of these terms, you should not access this website.

3. Proprietary Rights.

a. Copyrights. All content in this Site, including but not limited to software, design, text, graphics, audio, video, photographs, written materials, technical drawings, tables, templates, or other files, and their selection and arrangement (“Content”) are either Copyright © NaphCare, Inc. 2013 or are the proprietary property of NaphCare and NaphCare’s affiliates or licensors. All rights reserved. The Content may not be distributed, displayed, reproduced, copied, republished, transmitted, downloaded, posted, sold, or modified in any form or by any means, in whole or in part, without the express prior written consent of NaphCare.

b. Trademarks. All trademarks on this Site are either trademarks or registered trademarks of NaphCare. Trademarks may not be copied, imitated or used, in whole or in part, without the express prior written permission of NaphCare. All page headers, custom graphics, scripts, icons, or logos are trademarks, trade dress and/or service marks of NaphCare and may not be removed, altered, modified, copied, imitated or used, in whole or in part, without the express prior written permission of NaphCare. Any other trademarks, registered trademarks, logos, product names, and company names which may be displayed on this Site are the property of their respective owners.

4. NaphCare Content.

The content provided through this Site is offered in an effort to meet the needs of the Site users. Users can be anyone with an interest in correctional healthcare and correctional healthcare technology. NaphCare makes every effort to ensure the accuracy of the content; however, before relying on any information accessed on the Site you should conduct an independent evaluation of the accuracy, appropriateness, completeness, and usefulness for your particular needs. NaphCare specifications are subject to change and NaphCare reserves the rights to make changes, without notice, to the Site content. NaphCare makes no warranty or guaranty regarding any third-party content or links to other websites.

5. User Content and Conduct.

a. General. As a User of this Site you are expected to respect the security, integrity and privacy of the Site and its content, to use the Site solely for professional purposes, and to respect the privacy of the other Site users. You shall not use this Site in any way which disrupts or interferes with the security of the Site, system resources, servers, networks, data, accounts, software or which may disrupt or interfere with another User’s system, server, network, data or account, including but not limited to uploading, posting or otherwise transmitting any viruses, Trojan horses, worms, time bombs, or any other malicious computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, or transmitting any junk email, chain email, or other type of unsolicited mass email. You shall not use or attempt to use another person’s password without authorization, create or use a false identity or otherwise impersonate another person and, if you have an authorized password, you shall maintain its security. You shall not attempt to access any secure or restricted areas of this Site without authorization.

b. Online communications. To the extent that you use this Site to communicate online with NaphCare employees, you are solely responsible for the content, actions and communications made with your online account, and you shall comply with all applicable federal, state and local laws and regulations that relate to your use of this Site. You shall not transmit by online communications any message(s) or attachments which would be in violation of applicable federal, state or local laws and regulations. You shall not disseminate any unlawful, harassing, violent, pornographic, obscene, libelous, tortuous, abusive, offensive, threatening or otherwise harmful or objectionable content, including but not limited to content that evidences racism, bigotry, sexism, hatred, terrorism or any other unlawful activity. This online communication is not a substitute for direct communication with the NaphCare IT Department. If you have an issue which requires attention by the IT Department, please email or telephone the Department at the address or phone number provided to you in your Agreement with NaphCare.

c. Data Extraction. You shall not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Site, including but not limited to customer or user identities, and shall not distribute, sell, republish or otherwise disclose such wrongfully obtained data. If you believe that your individually identifiable data has been wrongfully obtained by an unauthorized person through this Site, immediately contact our Legal Department.

6. Privacy Policy.

NaphCare respects and maintains the privacy of the website user information provided. The terms of this Privacy Policy are incorporated herein and are available in the Privacy Notice provided on the Site home page.

7. Links.

NaphCare may provide links to third-party websites. These links are provided solely as a convenience and do not indicate any relationship between NaphCare and the third-party or any sponsorship, endorsement, or recommendation by NaphCare. You access the link at your own risk and NaphCare takes no responsibility for the content, products, services or appropriateness of the third-party link.

8. Disclaimers.

EXCEPT AS OTHERWISE STATED IN YOUR AGREEMENT WITH NAPHCARE, THE FOLLOWING DISCLAIMERS APPLY TO THIS SITE. THIS SITE AND THE CONTENT HEREIN IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” USE OF THIS SITE AND/OR USE OF ITS CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE BY LAW, NAPHCARE MAKES NO WARRANTY OF ANY KIND REGARDING YOUR USE OF THE SITE, THE SITE CONTENT, OR ANY CONTENT, DATA OR SOFTWARE ACCESSED OR DOWNLOADED THROUGH THE SITE AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT ANY LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICUALR PURPOSE, OR NON-INFRINGEMENT. NAPHCARE DOES NOT WARRANT THAT THE SITE WILL PERFORM OR FUNCTION AS EXPECTED, WITHOUT DELAY, ERROR OR WITHOUT INTERRUPTION, THAT THE SITE WILL EXPERIENCE A CERTAIN PERCENTAGE OF UPTIME, THAT THERE WILL BE NO FILE CORRUPTION, THAT ALL ONLINE COMMUNICATIONS WILL BE DELIVERED, THAT THE SITE OR ITS CONTENT WILL MEET YOUR NEEDS, ARE SECURE, ARE ACCURATE OR CURRENT, ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS CODE, OR THAT YOUR USE OF THE SITE WILL NOT RESULT IN LOSS OR DAMAGE TO YOUR DATA, INFORMATION, HARDWARE OR BUSINESS. YOU ASSUME ALL RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, BUSINESS OR DATA THAT MAY RESULT FROM DOWNLOADS OF CONTENT, DATA OR SOFTWARE THROUGH THIS SITE. NAPHCARE ASSUMES NO RESPONSIBILITY FOR INFORMATION, PROUCTS OR SERVICES OFFERED BY THIRD-PARTIES THROUGH THIS SITE OR THROUGH LINKS ON THIS SITE, AND MAKES NO WARRANTY CONCERNING THE INFORMATION, SERVICES OR PRODUCTS OFFERED BY THOSE THIRD-PARTIES. NAPHCARE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A SITE USER INCLUDING BUT NOT LIMITED TO, NETWORK OR SYSTEM SERVICE OUTAGE, SYSTEM DOWNTIME, SLOWNESS OR SYSTEM INTERRUPTION, DELAY OR ERRORS, DELAY OR NON-DELIVERY OF EMAIL, LOSS OF DATA, FILE CORRUPTION OR ERRORS.

Indemnity. You agree to defend, indemnify and hold harmless, at your own expense, NaphCare and its subsidiaries, affiliates, officers, agents, and employees, from any claim, however raised, including reasonable attorneys’ fees, made by any third party, including any individual, company, or United States Department of Justice, United States, state or local governmental agency or commission, or other legal entity, due to or arising out of your use of the Site, your violation of these terms or the Site Terms and Conditions of Use, your violation of any rights of another person or entity or your violation of any federal, state or local law or regulation.

Limitation of Liability. Except as otherwise stated in your Agreement with NaphCare, your sole remedy for any alleged injury or damage caused by the use of the Site is to stop using the Site. NAPHCARE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS,LOST GOODWILL, LOST BUSINESS OPPORTUNITY, OR LOST DATA, ARISING FROM OR IN CONNECTION WITH ANY OF THE CONTENT CONTAINED ON THE SITE, YOUR USE OF OR INABILITY TO USE THE SITE OR USE OF OR INABILITY TO USE ITS CONTENT, OR BREACH OF SECURITY, EVEN IF YOU HAVE BEEN NOTIFIED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES HOWEVER ARISING, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR PRODUCTS LIABILITY.

General.

a. Applicable law. These Terms of Use are governed by and construed according to the Laws of the State of Alabama, and the federal laws of the United States of America, without giving effect to its conflict of laws. You agree to submit to the personal and exclusive jurisdiction and venue of the state and/or federal courts located in the State of Alabama.

b. Governance. This Terms of Use constitutes the entire Agreement between you and NaphCare concerning your use of the Site. You agree that any claim which you may have with regard to this Site or your use of this Site or its content must be brought by you within one year or your claim will be barred. To the extent that any one or more provision of this Terms of Use is determined to be void, unenforceable or otherwise invalid, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions.