TERMS OF USE

TERMS OF USE

BY USING OUR SITE, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Thank you for visiting https://moultriecreekrehab.com/ com (this “Site”). This Site is owned and operated by Moultrie Creek Nursing and Rehab Center (“Moultrie Creek Nursing and Rehab Center” “we” “our” or “us”). By accessing and using this Site and/or the services provided through this Site, you agree to these Terms of Use (the “Terms of Use”). If you do not agree, you may not use this Site or the services provided through this Site.

USE OF THE SITE AND ACCEPTANCE OF TERMS.

Please carefully review the Terms of Use of this Site and the terms of our Privacy Policy located at https://moultriecreekrehab.com/ before using this Site, or any goods or services related to our Site. These Terms of Use contain important information regarding your legal rights, remedies and obligations. They include various limitation and exclusions. By using this Site, you agree to be bound by, and acknowledge your acceptance of these Terms of Use.

If you do not agree to these Terms or Use, or if you do not agree with our Privacy Policy, please do not use the Site or any services offered through the Site. By accessing, browsing, submitting information to, downloading forms or catalogs, accessing materials and information, ordering products or otherwise using the Site, you acknowledge and agree to be bound to these Terms of Use. Moultrie Creek Nursing and Rehab Center does not knowingly collect information from minors. Minors should only use this site under the supervision of an adult.

From time to time, we may update these Terms of Use. For significant changes, we will notify you by posting a prominent notice on our Site indicating at the bottom of the Terms of Use when it was most recently updated. As such, we encourage you to please check the Terms of Use periodically for material changes. You agree to be bound by all the provisions of these Terms of Use that are displayed on the Site on the date you use the Site. Your continued use of the Site, indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Site on the date of such use.

Moultrie Creek Nursing and Rehab Center SERVICES

More information about the Services is available at: https://moultriecreekrehab.com/. Moultrie Creek Nursing and Rehab Center reserves the right at any time and from time to time to modify, change, alter, discontinue or cancel this Site, the Services or any part thereof with or without notice. You agree that Moultrie Creek Nursing and Rehab Center will not be liable to you or to any third party for any such changes.

RESTRICTIONS ON USE

You acknowledge that this Site, the Services, any underlying technology used in connection with this Site and/or the Services, and all software, material, information, graphics, animations, audio, video, photos, and other data (the “Content”) available on this Site or through the Services provided by Moultrie Creek Nursing and Rehab Center, its licensors or approved third-party providers are the copyrighted works of such third parties. Except as may otherwise be specifically provided in these Terms of Use you may not use, copy, distribute, republish, upload, post or transmit any Content without the prior written consent of Moultrie Creek Nursing and Rehab Center. Modification of the Content for any purpose may violate Moultrie Creek Nursing and Rehab Center’s or its licensor’s intellectual property rights. The Content on this Site is provided for lawful purposes only.

SUBMISSIONS

All personally identifiable information, content, reviews, suggestions, ideas, graphics, or other information that you upload or otherwise make available through this Site or the Services (together, the “Submissions”), is and remains your property. Moultrie Creek Nursing and Rehab Center’S obligations to protect any personally identifiable information are detailed in Moultrie Creek Nursing and Rehab Center’s Privacy Policy. By uploading, posting or otherwise making available any Submissions, you automatically grant and/or warrant that as the owner of such Submissions you have granted Moultrie Creek Nursing and Rehab Center, a perpetual, royalty-free, fully-paid up, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, store, disclose consistent with the terms of the Privacy Policy, and transmit the Submissions through the Site and/or the Services, for any and all commercial and non-commercial purposes. You also permit any other user of the Services to access, view, store, and reproduce the Submissions to the same extent as Moultrie Creek Nursing and Rehab Center permitted herein. You acknowledge that you are responsible for all Submissions that you submit, and you, not Moultrie Creek Nursing and Rehab Center have full responsibility for the Submissions, including its legality, reliability, appropriateness, originality, and/or copyright.

Any Submission posted to the Site will be deemed NOT CONFIDENTIAL. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submissions.

In addition to the warranty and representation set forth above, by posting a Submission, you warrant and represent that (a) you are the copyright owner of your submission or you have the permission of the copyright owner and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use.

You acknowledge that Moultrie Creek Nursing and Rehab Center is not responsible for the accuracy of any Submissions. All Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such Submissions originated. This means that you, and not Moultrie Creek Nursing and Rehab Center, are entirely responsible for all Submissions that you post to the Site.

SECURITY MEASURES

Moultrie Creek Nursing and Rehab Center has taken reasonable steps and has employed industry-standard practices and technology to ensure the integrity and confidentiality of personally identifiable information; but because even the most secure computer system can be violated, Moultrie Creek Nursing and Rehab Center cannot guarantee absolute security.

IMPORTANT: Please keep in mind that whenever you voluntarily disclose information about yourself in the public domain, it is likely to be collected and used by third parties. These third parties may use your information to contact you or for unauthorized purposes. Also, please remember that no one can guarantee the absolute security of information transmitted electronically.

OBLIGATIONS OF SITE VISITORS

You agree not to do any of the following while visiting or using the Site or any Services provided by or through the Site:

• restrict or inhibit any other user from using and enjoying the Site or the Services;

• impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Moultrie Creek Nursing and Rehab Center;

• post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;

• post or transmit comments containing harassing or offensive language or engage in disruptive activities online;

• post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;

• post or transmit any unsolicited advertising, promotional materials, “junk mail," “spam,” “chain letters” or any other form of solicitation on the Site or through the Site or the Services;

• post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;

• post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;

• solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;

• violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;

• access or use password protected, secure or non-public areas of the Site or the Services without authorization;

• frame, repackage, or otherwise redistribute any portion of the Site or the Services; or

• use the Site or any Services to collect personally identifying information about users of the Site or the Services, or conduct any activity in violation of the Moultrie Creek Nursing and Rehab Center Privacy Policy.

Moultrie Creek Nursing and Rehab Center may terminate your access to the Site and/or the Services at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in Moultrie Creek Nursing and Rehab Center’s sole and absolute discretion. Moultrie Creek Nursing and Rehab Center will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS

This Site may contain downloadable materials and links to external sites. Moultrie Creek Nursing and Rehab Center is not responsible for, and has no control over, the content of any such third party owned downloadable materials or external sites. You understand that Moultrie Creek Nursing and Rehab Center cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Site or the Services or through third party websites linked to this Site, will be free of infection, viruses, worms, Trojan horses or other code or defects that contain or incorporate contaminating or destructive properties. Links to other websites do not imply an endorsement of the materials, products, content, or ideas displayed on, or disseminated at or through those websites, nor does the existence of a link to another of Moultrie Creek Nursing and Rehab Center’s other sites imply that the organization or person publishing at that website endorses any of the materials or ideas at this Site. Moultrie Creek Nursing and Rehab Center reserves the right to disable links from third-party websites to any of Moultrie Creek Nursing and Rehab Center’s Sites at any time without prior notice.

PRIVACY POLICY

Our policies concerning the use of your personal information are set forth in our Privacy Policy available at: [INSERT URL] (“Privacy Policy”). The terms of the Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in the Privacy Policy. By using this Site, the Services and/or the materials or Content provided through this Site or the Services, you agree to waive and release Moultrie Creek Nursing and Rehab Center from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold Moultrie Creek Nursing and Rehab Center, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of any content you submit, post to, email, or otherwise transmit through this Site and/or Services, your use of this Site and/or the Services, your connection to this Site or the Services, or your breach of these Terms of Use or any applicable terms and conditions of sale.

TERMINATION

You may discontinue your participation in and access to the Services at any time. You acknowledge and agree that Moultrie Creek Nursing and Rehab Center may terminate or block your use of all or part of this Site and/or the Services, without prior notice and for any reason or no reason at all. You agree that upon termination or discontinuance for any reason, Moultrie Creek Nursing and Rehab Center may delete all information related to you on the Services and may bar your access to the Site and/or your use of the Services.

PAYMENT TERMS

With respect to any products, materials or services ordered or purchased from Moultrie Creek Nursing and Rehab Center by phone, mail or email, or through the Site, the terms of payment for such products or services are within Moultrie Creek Nursing and Rehab Center’s sole discretion. Such sales will be governed by the terms and conditions of sale, provided to you at the time of purchase. Unless otherwise agreed to by Moultrie Creek Nursing and Rehab Center, payment is due at the time of purchase. Your order is subject to cancellation by Moultrie Creek Nursing and Rehab Center at any time and for any reason in Moultrie Creek Nursing and Rehab Center’s sole discretion.

EQUAL OPPORTUNITY CLAUSE

Pursuant to Presidential Executive Order 11246, as amended by Presidential Executive Order 11375, the Vietnam Era Veterans’ Readjustment Act of 1974 and the Rehabilitation Act of 1973 as amended, Moultrie Creek Nursing and Rehab Center does not, and purchaser shall not engage in any discriminatory practices based on race, color, religion, national origin, or physical or mental handicap. To the degree they are applicable, the following provisions are incorporated herein by reference and are binding upon Moultrie Creek Nursing and Rehab Center and purchaser as if set forth fully at length herein: 41 CFR 60-1.4; 41 CFR 60-250.4 and 41 CFR 60-741.4.

INTELLECTUAL PROPERTY

The Site and relevant content of the Site, including all content and materials sold through the Site, are protected by copyright, trademark and other laws of the United States. Moultrie Creek Nursing and Rehab Center, and its licensors, exclusively own all right, title and interest in and to the Site and content and any materials that may be available or downloaded such as data, articles or other information, including all associated intellectual property rights. All trademarks, service marks, and logos referenced or appearing on the Site are the property of Moultrie Creek Nursing and Rehab Center or their respective owners. The Sites’ content, including but not limited to, all books, curriculum, photographs, graphics, videos and other imagery, may not be used, copied, downloaded, republished, reproduced, adapted, modified, distributed, licensed, sold, transferred, transmitted, streamed, broadcasted or otherwise exploited without Moultrie Creek Nursing and Rehab Center’s prior express written permission. Moultrie Creek Nursing and Rehab Center’s names, trademarks, service marks, and logos that appear on the Site may not be used in any manner or for any purpose without Moultrie Creek Nursing and Rehab Center’s prior express written permission.

COPYRIGHT NOTICE

COPYRIGHT ACT AGENT

We respect the intellectual property rights of others, and require that the people who use this Site and/or the Services do the same. If you believe that your work appears on this Site or the Services and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your address, telephone number, and email address;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the alleged infringing material is located;

• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

TRADEMARK INFORMATION

All trademarks used on this Site or the Services, including, but not limited to trademarks used on this Site or the Services that may not be owned by Moultrie Creek Nursing and Rehab Center, are the property of their respective owners.

GENERAL TERMS AND CONDITIONS

These Terms of Use will be governed and interpreted in accordance with the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. If any party institutes a lawsuit or other action or proceeding pertaining to these Terms of Use, any right or obligation of any party hereunder, or any breach of these Terms of Use, then the sole and exclusive venue and jurisdiction for filing and maintaining any such lawsuit or other action or proceeding shall be in the Courts sitting in Orange County, Florida or the U.S. Middle District of Florida and each of the parties waives the right to institute or maintain any such suit, action or proceeding in any other courts or forums whatsoever. By using the Site you consent and submit yourself to the personal jurisdiction of such court. You agree that in the event of a breach by you of any provision of these Terms of Use, Moultrie Creek Nursing and Rehab Center shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling Moultrie Creek Nursing and Rehab Center to each and every remedy available at law or in equity for a breach of this Agreement by you. If any part of these Terms of Use is deemed to be unlawful, void, or unenforceable, that part will be severed and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with any applicable terms and conditions of sale and the Privacy Policy constitute the entire agreement between the parties relating to the use of this Site and the Services. Moultrie Creek Nursing and Rehab Center may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site.

DISCLAIMER; NO WARRANTY

THE CONTENT AND MATERIAL ON THIS SITE AND/OR THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Moultrie Creek Nursing and Rehab Center MAY MAKE CHANGES TO THIS SITE OR THE SERVICES AT ANY TIME. THIS SITE, THE SERVICES AND THE CONTENT AND MATERIALS ON THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Moultrie Creek Nursing and Rehab Center MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL EVER BE AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Moultrie Creek Nursing and Rehab Center EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES AND ALL MATERIAL AND CONTENT OFFERED THROUGH THE SITE AND/OR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Moultrie Creek Nursing and Rehab Center DOES NOT WARRANT THAT THIS SITE OR THE SERVICES, THE FUNCTIONS CONTAINED ON THIS SITE OR THE SERVICES, OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER AND ITS DATA. Moultrie Creek Nursing and Rehab Center DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS SITE, THE SERVICES OR THE MATERIALS OR CONTENT ON THIS SITE OR THE SERVICES RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL Moultrie Creek Nursing and Rehab Center BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, STOLEN INFORMATION OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, THE SERVICES, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, CONTENT OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, CONTENT, PRODUCTS OR SERVICES OFFERED ON THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Moultrie Creek Nursing and Rehab Center, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, THE SERVICES OR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE OR THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Moultrie Creek Nursing and Rehab Center’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS SITE AND THE SERVICES, THE MATERIALS AND CONTENT ON THIS SITE OR THE SERVICES OR YOUR ACCESS OR USE OF THIS SITE, THE SERVICES OR THE MATERIALS AND CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR ANY MATERIALS OR CONTENT OFFERED THROUGH THIS SITE OR THE SERVICES.

SEVERABILITY; WAIVER

If any provision of these Terms of Use are found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties. Moultrie Creek Nursing and Rehab Center’s failure to enforce strict performance of any provision of these Terms of Use, or to penalize any violation of these Terms of Use, does not constitute a waiver of future violations.

These Terms of Use are effective as of: 03-24-2020.