ConservCare.com Terms of Use Agreement

Welcome to the ConservCare.com web site (the “Site”). This Agreement contains the terms and conditions upon which you (“you” or “the user”) may access valuable information available through the Site. By entering this site and viewing its contents, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract, and equally binding. If you do not agree with the terms in this Agreement, please do not use this site.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

ConservCare, LLC may revise and update this Terms of Use Agreement at any time. Your continued usage of the ConservCare.com website (“ConservCare Site” or the “Site”) will mean that you accept these changes.

1. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the ConservCare Site, such as text, graphics, images, and other material contained on the ConservCare Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the ConservCare Site! ConservCare expressly disclaims all responsibility and liability arising from your use of or reliance on the site or the information contained therein as a reference source, and for any advice, treatment, or services rendered by any health care provider featured on this site.

2. PROVIDER / PATIENT RELATIONSHIP

You acknowledge and agree that ConservCare is only an intermediary that provides selected Health Care Provider information to patients and contracted entities and potential patients and contracted entities. You agree to assume all responsibility in connection with choosing any Health Care Provider, whether or not you obtained information about such Health Care Provider through the Site. ConservCare assumes no responsibility or liability for any claims that may result directly or indirectly from the Health Care Provider / patient relationship, including but not limited to malpractice claims.

3. USE OF CONTENT

All materials contained in the Site are protected by law, including but not limited to United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The contents of and all materials distributed in conjunction with the Site, including the graphical display of any Health Care Provider information, are copyright © 2003 by ConservCare, LLC with all rights reserved. ConservCare also owns a copyright on the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any Health Care Provider information or any other content generated by the Site without ConservCare’s written consent is expressly prohibited. You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any aspect of the Site, with the following exception: You may display, print, and store one electronic copy of content provided by ConservCare for your personal use. You may not, without ConservCare’s written consent, “Mirror” or “frame” any material contained on this Site. Any special rules for the use of certain software and other items accessible on the ConservCare Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with ConservCare, LLC. Any use of the Content not expressly permitted by these Terms of Use is a breech of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of ConservCare. All rights not expressly granted herein are reserved to ConservCare.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

4. PROPRIETARY RIGHTS IN DATABASES

The databases containing health care provider information (the “Databases”) constitute valuable proprietary compilations owned by ConservCare, which are protected by state, federal, and international law, including, without limitation, copyright and trade secret laws, provided, however, that ConservCare claims no rights to unaltered government data. In consideration for being granted limited access to this information, you agree that you will not, directly or indirectly, use any of the Databases for any other purpose other than evaluating Health Care Providers for the provision of health care related services. Further, you agree that you will not, directly or indirectly, use it (i) to compile mailing lists or other lists of health care providers for commercial purposes; (ii) to establish independent data files or compendiums of statistical information; or (iii) in violation of local, state, national, or international laws and regulations.

5. LINKS TO OTHER SITES

The ConservCare Site may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of users in locating health, and health care-related products, information and services. These sites are maintained by third parties over which ConservCare exercises no control, and accordingly ConservCare expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third party Web sites. Moreover, these links do not imply, directly or indirectly, endorsement by or affiliation with any third party or any web site, products, or services provided by any third party.

6. LIABILITY OF CONSERVCARE

The ConservCare Site and the content are provided on an “as is” basis. While ConservCare endeavors to provide the most accurate, up to date information available, the Databases and materials on the Site may contain technical inaccuracies or typographical errors, and may be changed or updated without notice; ConservCare will not be liable or responsible for any such inaccuracies, errors, changes, or updates. ConservCare also reserves the right to change and/or discontinue its currently provided services at any time, for any reason. ConservCare makes no representations or warranties of any kind, express or implied, that using the Databases or the Site will assist you in any way, whether to locate a suitable health care provider or for any other purpose. ConservCare does not warrant or represent that the Site contains all relevant data, or the information on the Site or in the Databases is accurate and complete.

The use of the ConservCare Site and the Content is at your own risk. Neither ConservCare nor its affiliates is responsible for the consequences of or reliance on any information contained in or submitted to the Site, or products or services obtained through the Site, and the risk of injury from the foregoing rests entirely with you.

When using the ConservCare Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of ConservCare. Accordingly, ConservCare assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the ConservCare Site.

ConservCare expressly disclaims all representations and warranties regarding separate agreements you may make with third party health care providers, and you agree to look solely to such third party health care providers for any and all claims arising out of such agreements and/or the medical care provided by such parties.

Neither ConservCare nor its affiliates nor any of their respective employees, agents, directors, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns will be liable for any indirect, incidental, special, or consequential damages (including but not limited to lost profits and damages that result from inconvenience, delay, or loss of use of the services provided at the Site) arising out of use of the Site, the information contained on the Site, or arrangements made based on information obtained at the Site, even if ConservCare has been advised of the possibility of such damages or liability of ConservCare associated with any claim arising directly or indirectly from the Site for any reason whatsoever shall be limited to the cost of accessing the Site, if any.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you. You hereby acknowledge that the provisions of this section will apply to your use of the Site, all content and information contained in the Site, all arrangements made based on information obtained at the Site, and all services obtained through the Site.

7. INDEMNITY

By using this site, you agree to defend, indemnify, and hold harmless ConservCare, LLC and its affiliates and all of their respective employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on information obtained at the Site, any products or services obtained through the Site, and any breach by you of this Agreement.

8. TERM AND TERMINATION

This Agreement will take effect at the time you enter and begin using the Site. ConservCare reserves the right at any time to deny you access to the Site or any portion thereof, and to terminate this Agreement.

9. GENERAL

ConservCare is based in Bartlett , Tennessee , in the United States of America. ConservCare makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the ConservCare Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

10. JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with ConservCare, or in any way relating to your use of the ConservCare Site, resides in the courts of the State of Tennessee and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Tennessee in connection with any such dispute including any claim involving ConservCare or its employees, agents, directors, officers, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns.

You represent that you have read this Agreement, understand its terms, and agree and intend to be legally bound by it. You acknowledge that, in providing you access to and use of the Site, ConservCare has relied on your agreement to be bound by the terms of this Agreement.

Thank you for your cooperation. We hope you find the ConservCare Site helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to webmaster@conservcare.com or via U.S. mail to ConservCare, LLC at 2845 Summer Oaks Dr., Bartlett, TN 38134. We try to answer every email in a timely manner, but are not always able to do so.

© 2003 ConservCare, LLC. All rights reserved.