Legal Disclosure
IMPORTANT LEGAL INFORMATION REGARDING THIS BENCHMARK
ELDER CARE WEB SITE
Your use of this BENCHMARK ELDER CARE Web site is subject to
the conditions and qualifications described below. By using
this Benchmark ELDER CARE Web site, you agree to accept such
conditions and qualifications.
No Warranties; Limitation of Liability. This
Web site includes information, documents, and materials (collectively,
the "Contents") that are subject to change without
notice. Benchmark ELDER CARE expressly disclaims any obligation
to keep Contents up-to-date or free of errors or viruses, or
to maintain uninterrupted access to this Web site.
This Web site (including all Contents) is provided "AS
IS, WITH ALL FAULTS."
Benchmark Elder Care, Inc. assumes no responsibility for errors or omissions in any contents, including Contents that are referenced by or linked by (hypertext links) to third-party Web sites. Benchmark Elder Care, Inc. makes no representations or warranties of any kind whatsoever for the contents or third-party Web sites or for any products or services mentioned or offered in the contents or in third-party Web sites. Links to such third-party Web sites do not imply any endorsement of such third-party Web sites or resources or content, products, or services available from such third-party Web sites.
Benchmark Elder Care, Inc. disclaims any express or implied warranties related to the use of this web site, (including all Contents and third-party web sites referenced or linked in this Web site) and "BENCHMARK ELDER CARE, INC. FURTHER DISCLAIMS WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, WARRANTIES OF SUITABILITY, WARRANTIES OF NON-INFRINGEMENT, AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.”
Benchmark ELDER CARE shall not be liable for any errors contained
herein or for any damages whatsoever arising out of or related to
the use of this Web site (including all Contents), including, without
limitation, direct, indirect, incidental, special, consequential,
or punitive damages, whether under a contract, tort, or any other
theory of liability, even if Benchmark ELDER CARE is aware of the
possibility of such errors or damages.
“No Warranty As To Current Reliability Of Reviews And Ratings - BENCHMARK ELDER CARE, INC. MAKES NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE REGARDING THE REVIEWS AND RATINGS CONTAINED HEREIN OF FACILITIES. BY ACCESSING AND USING THIS WEB SITE, THE USER ACKNOWLEDGES AND AGREES THAT (1) ALL RATINGS AND REVIEWS CONTAINED HEREIN REGARDING FACILITIES ARE THE PERSONAL OPINION OF THE REVIEWER AT THE TIME OF THE REVIEWER’S VISIT TO THE FACILITY; (2) THAT CONDITIONS AT THE FACILITY MAY HAVE CHANGED AFTER THE TIME OF THE REVIEWER’S VISIT TO THE FACILITY; (3) THE REVIEWER MAY NOT HAVE COMPLETELY REVIEWED ALL ASPECTS AND ALL PERSONNEL OF THE FACILITY; (4) THAT INFORMATION REPORTED BY THE REVIEWER FOR USE IN COMPILING THE REVIEW AND/OR RATING OF A FACILITY MAY HAVE BEEN INACCURATELY REPORTED; AND (5) THAT INFORMATION FURNISHED TO THE REVIEWER BY THE FACILITY MAY HAVE BEEN INACCURATE OR INCOMPLETE. BY ACCESSING AND USING THIS WEB SITE, THE USER ACKNOWLEDGES AND AGREES THAT BENCHMARK ELDER CARE, INC. IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, PRODUCTS, OR SERVICES ON THIRD-PARTY WEB SITES REFERRED TO HEREIN OR FROM THE FACILITIES REVIEWED AND/OR RATED HEREIN. LINKS TO SUCH THIRD-PARTY WEB SITES OR RESOURCES DO NOT IMPLY ANY ENDORSEMENT BY BENCHMARK ELDER CARE, INC. OF SUCH WEB SITES, RESOURCES, OR FACILITIES. OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH THIRD-PARTY WEB SITES, RESOURCES, AND FACILITIES. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM YOUR USE OF ANY SUCH THIRD-PARTY WEB SITES, RESOURCES, AND FACILITIES AND ACKNOWLEDGE THAT YOU HAVE A DUTY OF DUE DILIGENCE TO PERSONALLY INVESTIGATE AND/OR VISIT THE THIRD-PARTY WEB SITE, RESOURCE, AND FACILITY BEFORE CONTRACTING FOR THEIR SERVICES. YOUR DEALINGS WITH THIRD-PARTY WEB SITES, RESOURCES, AND FACILITIES INCLUDING, BUT NOT LIMITED TO CONTRACTING AND PAYING FOR THEIR SERVICES, ARE SOLELY BETWEEN YOU AND SUCH THIRD-PARTY WEB SITE, RESOURCE, AND/OR FACILITY. IN CONSIDERATION OF YOUR USE OF THIS BENCHMARK ELDER CARE, INC. WEB SITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BENCHMARK ELDER CARE, INC. HARMLESS FROM ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY OF YOUR DEALINGS WITH SUCH THIRD-PARTY WEB SITE, RESOURCE, OR FACILITY. THE USER OF THIS WEB SITE FURTHER ACKNOWLEDGES THAT BENCHMARK ELDER CARE, INC. IS SOMETIMES BUT NOT ALWAYS PAID BY THE THIRD-PARTY WEB SITES AND FACILITIES REFERRED TO HEREIN TO VISIT THE FACILITY AND COMPILE A REVIEW OR RATING. HOW PAYMENT IS RECEIVED DOES NOT REFLECT IN ANY WAY ON THE THIRD-PARTY OBJECTIVE EVALUATION OF THE FACILITY.”
Contents are current only as of the date of such Contents.
Unsolicited Ideas. Benchmark ELDER CARE will not be
obligated to anyone disclosing unsolicited ideas to Benchmark ELDER
CARE personnel. The purpose is to avoid potential misunderstandings
or disputes when Benchmark ELDER CARE's business activities might seem
similar to ideas submitted to Benchmark ELDER CARE.
Absent any written agreement to that effect, the disclosure of ideas to Benchmark ELDER CARE for new products, enhancements, features, innovations or inventions, or of any ideas of any sort that may be related to Benchmark ELDER CARE's business, is governed by the following terms:
Benchmark ELDER CARE is in no way obligated to the disclosing party,
Benchmark ELDER CARE is not obligated to keep the idea disclosure confidential,
Benchmark ELDER CARE is not obligated to compensate the disclosing party for use of the idea, and
Benchmark ELDER CARE expects that, if the disclosing party wants to protect his/her ideas, he/she will have filed a patent application prior to the submission of such ideas to Benchmark ELDER CARE.
If you are a third-party not otherwise subject to an agreement with Benchmark ELDER CARE governing such disclosures, you must agree to these terms prior to contacting any Benchmark ELDER CARE staff and execute and submit the Unsolicited Ideas Disclosure Agreement. If, despite our request that you execute the Unsolicited Ideas Disclosure Agreement, you still submit your ideas to Benchmark ELDER CARE, then regardless of what you or your letter say, the above terms shall apply to your idea submission.
If you do not agree to these terms, do not contact any Benchmark
ELDER CARE personnel about your idea.
Applicable Laws. Benchmark
ELDER CARE operates this site from its offices
within the United States of America. Benchmark
ELDER CARE makes no representation that Contents
in the site are appropriate or available for
use in other locations, and access to Contents
from jurisdictions where illegal is prohibited.
Those who choose to access this site do so
on their own initiative and are responsible
for compliance with applicable laws of their
jurisdictions. The conditions, disclaimers, and qualifications herein shall be construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. Those who use or access this Web site agree that jurisdiction and venue of any and all matters regarding this Web site shall be in Harris County, Texas.
Reservation of Rights. All Contents (including,
without limitation, the graphics, icons, and overall appearance
of the Benchmark ELDER CARE Web site and the Contents) are
the property of Benchmark ELDER CARE. Benchmark ELDER CARE
does not waive any of its proprietary rights therein including,
but not limited to, copyrights, trademarks, and other intellectual
property rights. This Web site may not be used for any commercial
purpose without the prior written consent of Benchmark ELDER
CARE. The availability of any Contents through this Web site
shall under no circumstance constitute a transfer of any copyrights,
trademarks, or other intellectual property rights of Benchmark
ELDER CARE to any Web site user or any third-party. This Web
site and the Contents are protected by U.S. and international
copyright laws, both as individual works and as a compilation.
You may not delete any copyright or similar notice from any
Contents you obtain from this Web site. All Contents Copyright
© 2007 Benchmark ELDER CARE, all rights reserved.
