Terms and Conditions of Use
BY USING THIS WEBSITE, YOU ACCEPT AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND CONDITIONS OF USE, AND THAT YOUR ACCESS AND USE OF THE WEBSITE WILL BE SUBJECT TO THESE TERMS AND CONDITIONS OF USE.
YOU MAY NOT ACCESS OR USE THIS WEBSITE IF AT ANY TIME YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE.
Use of Website
As a visitor of the Company’s Website, you agree to comply with all terms and conditions of use. You are granted a limited, nonexclusive license to access and make personal use of this Website, but not to modify it, or alter any portion of it, except with the prior written consent of the Company. This license does not include any resale or commercial use of this Website or its contents, any downloading or copying of information for the benefit of another, or any use which is for unlawful purposes.
The Company reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
You will not attempt to gain unauthorized access to the services, other accounts, computer systems or networks under the control or responsibility of the Company, through hacking, cracking, password mining or any other unauthorized means. You will not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with another’s use of this Website, without limitation.
All materials contained or provided on this Website are the copyrighted property of the Company or its third party licensors. All trademarks, service marks, trade names and trade dress displayed on this Website are proprietary to the Company or its third party licensors. No materials from this Website may be copied, reproduced, republished, posted, linked, redistributed, or disseminated in any way without the Company’s prior written consent; provided, however, you may download copies of any such materials on a single computer for your personal, non-commercial use.
The trademarks, service marks and logos displayed in the Website are registered and unregistered trademarks of the Company and the others. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the prior written permission of the Company or such third party that owns the trademark.
Reservation of Rights
The Company and its licensors retain all the intellectual property rights in and to all aspects of this Website, including without limitation, any related patent rights, copyrights, trade secrets, trade names, service marks, associated goodwill, moral rights, and any other similar rights or intangible assets recognized under any laws or international conventions.
User Representations and Warranties
You hereby represent and warrant that (i) you have requisite rights and authority to agree to these terms and conditions of use and to grant all applicable rights herein; (ii) the performances of these terms and conditions of use shall not violate, conflict with, or result in a material default under any other agreement; and (iii) you will not link directly to this Website without the prior written consent of the Company.
This Website contains hypertext links to website of other third parties. The Company does not control these websites nor is responsible for their content. The existence of such links does not indicate any approval, endorsement or authentication of any material appearing on such linked websites. The existence of such links does not indicate any association between the Company and the owners or operators except as specifically set forth on this website or in other material from the Company. You assume sole responsibility for use of third party links. You may not link directly to this Website without the prior written consent of the Company.
Viewing the Web Site
The Company recommends that you view our Website using the most recent versions of Internet Explorer, Mozilla Firefox or Safari.
Adobe Reader Usage
There are several forms on this Website that are in the PDF format. This PDF may be viewed, saved or printed on your computer.
To download a free version of Adobe Reader, please log on to:
Please note that if you visit the Adobe website with the intent to download the Adobe Reader, the Company
recommends that you read and comply with the Adobe website terms and conditions.
For support and assistance with the Adobe Reader, please log on to:
Disclaimers and Limitations on Liability
You acknowledge that the Company does not own, operate or manage the Internet; the Internet is a separate network of computers, independent of and not subject to the control of the Company; communications on the Internet may not be secure and may be subject to interception or loss; certain content available on the Internet is copyrighted and may have been distributed in violation of copyright laws.
You further acknowledge that the Company has no obligation to review the content posted on the Website. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Website. Accordingly, you agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The Company does not guarantee continuous, uninterrupted or secure access to the website, and operation of the Website may be interfered with by numerous factors outside of our control, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE,) OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO THE COMPANIES (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF THE COMPANY), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF THE COMPANY. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUS OR OTHER HARMFUL COMPONENTS AND THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You agree to indemnify, and hold harmless the Company, and its officers, directors, employees, shareholders, and agents, from all damages, liabilities and expenses (and all legal costs including reasonable attorneys’ fees, court costs, expenses and settlements) arising out of, connected with or resulting in any way from any violation of these terms and conditions of use, your use of this Website, or any applicable law by you.
Right to Modify
We may modify these terms and conditions at any time. You will be deemed to have accepted such changes by continuing to use the Website after either being personally notified or after we have posted the changes on the Website.
You agree that if any provision of these terms and conditions of use is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these terms and conditions of use, which shall remain valid and enforceable, and the invalid and unenforceable provision shall be deemed to be superseded by a valid, enforceable provision that most clearly matches the intent of the original provision. You may not assign your rights or obligations under these terms and conditions of use, in whole or in part, without prior written consent of the Company. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
These terms and conditions of use shall be governed and construed in accordance with the laws of the State of Nebraska, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to these terms and conditions of use of the Web Site shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of Iowa located in Omaha, Douglas County, Nebraska. Use of this Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these terms and conditions of use, including without limitation to this paragraph.
These terms and conditions of use, the Website Privacy and Security Policy, and the Company’s other policies/notices posted on this Website (“collectively “Notices and Policies”) constitute the entire agreement between you and the Company with respect to your use of this Website. The Company reserves the right to revise the Notices and Policies at any time, and encourages you to visit this Website periodically to check for updates or changes to the Notices and Policies. Your continued use of the Website constitutes your acceptance of the Notices and Policies, including any changes. Users are deemed to be aware of and bound by any changes to these Notices and Policies.
Not all products are available in all states. For more information, contact the Company.
® Americare is a registered trademark owned by The Entrecor Group, LLC.
Updated Oct. 25, 2019