The Website does not constitute or purport to constitute a source of advice nor does your use of the Website constitute or guarantee a job or employment relationship between you and us or otherwise.
We reserve the right to withdraw or amend the content we provide on the Website without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website.
USE OF THE WEBSITE
You acknowledge and voluntarily and expressly accept that your use of the Website is made under your sole and exclusive responsibility and at your sole risk.
USER ACCOUNTS, SECURITY AND PASSWORDS
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You are solely responsible for maintaining the confidentiality of your personal and account information as well as for any and all activities that occur under your account and to maintain the completeness and accuracy of your user information, and any loss caused by your failure to do so is your responsibility. You must notify us immediately of any suspected or actual unauthorized use of your account or user information, and any and all other security breaches.
We implement reasonable security measures to safeguard our Website. Nevertheless, you must be aware that existing security measures for computer systems on the internet are not entirely trustworthy and that, therefore, we cannot guarantee the non-existence of viruses or any other elements that may cause alterations to your computer systems (hardware and software) or to your data and files contained in your systems.
NO OFFER OR SOLICITATION
The information provided on the Website does not constitute an offer of or solicitation for the purchase or disposal of, trading or any transaction in any Company securities. Investors must not rely on this information for investment decisions.
We may use your information to send you electronic messaging (e.g. email, text messaging, etc.) or other wireless devices multimedia messaging services (“MMS”) or short message services (“SMS”) communications to perform our services or to inform you of news, events and other information relevant to us (“Mobile Services”). Messages and data rates may apply for any SMS, MMS, and other electronic communication. For example, you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan. We are not responsible for any wireless e-mail or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number or e-mail address. Check with your wireless device service provider if you have questions about your service plan.
INTELLECTUAL PROPERTY RIGHTS
Ownership. Unless indicated otherwise, all content on the Website is either owned by us or is licensed for use by us. The content of the Website (including, but not limited to, all information, software, text, images, photographs, illustrations, texts, video clips and other materials, and the arrangement thereof) is protected worldwide by copyright, design, trademark and other intellectual property laws. You must at all times respect all intellectual property rights in the Website and the content thereon, whether owned by us, any of our affiliates or a third party. You must not obtain or attempt to obtain any of the Website’s content by means or procedures other than those which have been made available to you by the Website.
Trade and Service Mark. The trademarks used in connection with our business and/or displayed on the Website are owned by us and are protected by U.S. federal trademark laws and various international laws. These trademarks may include, among others, our logos and designs, marks, and slogans. You may not use or register or otherwise claim rights in any Company trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration. The contents of this Website, including the text, photographs, videos, and other audiovisual materials are also protected under U.S. copyright laws and various international laws and treaties. We are proud of our strong brands and the value of the goodwill we have built in our trademarks. As such, we actively enforce our intellectual property rights, and any unauthorized use of our intellectual property is strictly prohibited. Our trademarks and copyrights, and those of our affiliates may only be used with our express written permission and may be revoked at any time. Other trademarks, product names, company names and logos appearing on the Website are the property of the their respective owners, and you must obtain their permission prior to copying or using their trademarks, company names or logos.
- As expressly authorized by us in writing;
- To temporarily store files that are automatically cached by your web browser for display enhancement purposes;
- To print or download one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution;
- To submit to job postings and job applications and otherwise sign up for and receive our services as reasonably intended; and/or
If you wish to make any use of the materials on the Website other than as set forth in this Section, please address your request to: [email protected], or by mail to:
New Directions Solutions LLC, dba ProCare Therapy, ATTN: 5550 Peachtree Parkway, Suite 300, Peachtree Corners, GA 30092
Except for the personal or business information that we require you to provide in connection with your account or our Services, please note that any communication, content or other material (“Your Content”) that you transmit to us through the Website (i.e., through blogs, forums or other groups), are transmitted on a non-confidential basis. We do not request, nor do we wish to receive any confidential, secret or proprietary information from you through the Website, by e-mail, or in any other format. By providing Your Content to us, you:
- Represent and warrant that Your Content is original to you, that you own or otherwise control all rights in Your Content, or that you have the rights necessary to grant to use the license to Your Content, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; and
- Grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST YOUR CONTENT ON OR THROUGH OUR WEBSITE.
RESTRICTIONS ON USE
While accessing our Website, you warrant and agree that you will not:
- Use it in any way that violates any federal, state, local, or international law or regulation.
- Make unsolicited offers or proposals to other users.
- Engage in harassing or discriminatory behavior or defame or defraud other users.
- Impersonate or attempt to impersonate the Company, a Company employee, or any other person or entity affiliated with the Company, such as by using e-mail addresses from our Website.
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or our users, or expose them to liability.
- Disrupt, interfere with, disable, impair, overburden, violate the security of, or attempt to gain unauthorized access to, the Website, its services, the server on which the Website is stored, or any server, computing device, or computer network connected to the Website.
- Upload, transmit, distribute, or run any computer virus, worm, trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device, or property.
- Access, use, or modify any data, information, or other materials not intentionally made available or accessible to you by the Company.
- License, sublicense, assign, convey, or transfer any rights granted hereunder.
- Perform any acts that may damage our image, interests or rights or those of any of our affiliated companies.
- Encourage or enable any other individual to do any of the foregoing.
CONSEQUENCES OF IMPERMISSIBLE USE
LINKS AND LINKING
Linking to Our Website. Any linking to the Website from a third-party website requires our prior written authorization. You may not frame the content of our Website or use metatags or any other “hidden text” that incorporates our trademarks or our name without our express written consent.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) TAKE-DOWN PROCEDURES
Compliance with the DMCA. If you believe that any materials on our Website violate your copyright, please follow the instructions below to send us a notice of copyright infringement. The Company may remove or disable access to material on our Website that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Filing a Notice of Infringing Material Under the DMCA. If you believe that materials accessible on or from this Website infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent as designated below. As set forth by Section 512(c)(3) of the DMCA, your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be aware that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Our designated copyright agent to receive DMCA Notices is:
Copyright Agent, c/o New Directions Solutions LLC, dba ProCare Therapy, 5550 Peachtree Parkway, Suite 300, Peachtree Corners, GA 30092
Site Materials Disclaimer. We are not under any duty to check the accuracy of the Website or the content thereon, and we do not guarantee the usefulness, preciseness, completeness, accuracy, or relevance of the Website or the content thereon and/or that such content is up to date. To the extent permitted by applicable law, we also do not warrant or represent that the Website and/or the content thereon is error-free or reliable or that use of the Website and/or the Website’s content will not infringe rights of third parties. Nor do we warrant or represent that the functional aspects of the Website and/or the content will be error free or that the servers that make it available are free of viruses or other harmful components. Use of the Website and the content is at your risk, and is provided “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. To the extent permitted by applicable law, we will not be liable for any loss arising out of or in connection with the use of the Website or the content thereon, whether direct or indirect, incidental, consequential or otherwise. We expressly disclaim any and all liability for loss of use, interruption of business, lost profits or lost data, regardless of the form of action. We expressly exclude any and all liability for errors or omissions with respect to the Website and the Website’s content, save to the extent that such liability arises from our fraud or fraudulent misrepresentation or from any death or personal injury that arises due to our willful misconduct.
Site Services Disclaimer. The inclusion of content on the Website does not in any way constitute that we agree to provide you staffing services, employment or any other kind of services. We expressly exclude any and all kind of liability for decisions made by you based on the Website or the Website’s content.
Site Availability Disclaimer. We are not under any duty to make the Website available, and we will not be liable if for any reason the Website is unavailable, totally or partially, at any time or for any period.
Site Security Disclaimer. You acknowledge that the Website is connected to the Internet and that your use shall be wholly at your own risk. While we aim to keep your information secure, we do not represent or guarantee that the Website will be free from loss, disruptions, corruption, cyber-attack, viruses, interference, hacking, malware, or other security intrusion or adverse incident. To the extent permitted by applicable law, we will not be liable for any loss arising out of or in connection with the use of the Website or the content thereon, whether direct or indirect, incidental, consequential or otherwise. We expressly disclaim any and all liability for loss of use, interruption of business, lost profits or lost data, regardless of the form of action.
LIMITATIONS OF LIABILITY
Please note that some jurisdictions do not allow such limitations of liability or may place limitations on our ability to limit liability to you. Therefore, the foregoing limitations may not be applicable to you in such case.
You agree to cooperate as fully as reasonably required in the defense of any such claim or action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
PLEASE REVIEW THIS SECTION CAREFULLY. AS DESCRIBED BELOW, IT (i) LIMITS YOUR ABILITY TO LITIGATE CERTAIN CLAIMS IN COURT; (ii) LIMITS YOUR ABILITY TO COMBINE CLAIMS AND TO BRING CLAIMS THROUGH CLASS ACTIONS AND (iii) LIMITS YOUR ACCESS TO A JURY TRIAL.
- Claims relating to the enforceability or interpretation of any of these arbitration provisions;
- Claims by you, and also Claims made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy;
- Claims that relate directly to us, and/or to our parent, subsidiaries, affiliates, successors, assignees, employees, and agents; or
- Claims asserted as part of a class action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis.
YOU AND WE AGREE THAT NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTIONS BE PURSUED IN COURT. BY ACCEPTING THIS ARBITRATION PROVISION, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.
The notice must include your name, address, and contact information, the facts giving rise to the Claim, and the relief requested. We may direct any Notices to you at the mailing address or e-mail address that you most recently provided to us. You and we will use reasonable efforts to resolve any Claim through informal negotiation within 60 days from the date the notice of Claim is sent.
Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA, except in the event of a dispute between an applicant or an employee and us, the AAA Employment Arbitration Rules would apply. The arbitrator is bound by the terms of this provision, and the arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA. For more information, see adr.org or call 1-800-778-7879. All arbitration proceedings will be conducted in English, and the United States FAA will govern the interpretation, enforcement, and proceedings pursuant to this binding arbitration provision. The arbitration shall be conducted in the county or parish in which you reside. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute. In the event of a conflict between the Arbitration Rules and this provision, this arbitration provision will govern.
Costs. ProCare will bear the expense and fees for the arbitrator and other incidental costs (including any filing fees or administration fees) that would not be incurred in a court proceeding. Each party shall otherwise bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Severability. If any term or section of this provision is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or section of this arbitration provision and will be eliminated to the minimum extent necessary. If any portion of this arbitration provision is deemed invalid or unenforceable, it will not invalidate the other provisions of these Terms; provided, however, that (i) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration provision will be null and void; and (ii) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration provision will be null and void as to such claims only. This arbitration agreement will survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.
GOVERNING LAW AND JURISDICTION
FOR USERS IN THE UNITED STATES ONLY
This Website is intended for users in the United States. This Website is hosted in the United States and your information, including personal information, collected through our Website is stored and processed in the United States, among other countries. If you access the Website from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable laws.
The Website is intended for use by persons who are 18 years of age or older.