Terms & Conditions

Your access to this web site is subject to the following Terms of Use. Your use of this web site indicates your acceptance, without limitation or qualification, of these Terms of Use.

This web site contains copyrighted material which may not be copied, distributed or used without written consent.

Certain other trademarks displayed herein are the trademarks of their respective owners. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks displayed on this web site without the prior written permission of the owner of such trademark.

You may not mirror, modify or otherwise alter any files in this site for rebroadcast nor otherwise re-use any materials from this web site (including without limitation copying, reproducing, distributing, uploading, republishing, posting or transmitting) without the prior written consent, except that you may download material displayed on this site for non-commercial, personal use only, provided that you also maintain all copyright and other proprietary notices contained in the materials. You may not post or transmit any messages, or otherwise engage in any activity related to this web site, in any manner that is unlawful or that violates the rights of this web site’s owners or any third party. This web site is served and maintained in the State of New York. You agree not to download or otherwise export any items in violation of United States export controls.

You may send comments, questions, suggestions or ideas relating to this web site. Any information which you send will be deemed non-confidential and non-proprietary, and we will be free to use such information in any manner and to reproduce, disclose and distribute such information to others. You also agree that the operator is not obligated to respond to any such information sent to it.

This site may be linked or may contain pointers to other sites or resources which are not maintained by the operators of this web site. Such links and pointers to other sites and resources are provided to you as a convenience only. Such other sites and resources are not under our control, and we are not responsible for any such site or resource. The inclusion of any link or pointer to such sites or resources does not imply that we endorse or accept any responsibility for the content or the use of those sites or resources.

DISCLAIMER OF WARRANTY

THE SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE AT THIS WEB SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SITE OPERATOR MAKES NO WARRANTIES THAT THE SERVICES, INFORMATION AND MATERIALS ARE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS ORGANIZATION, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND OUR CONTROL, IN PROCURING, COMPILING OR DELIVERING INFORMATION, ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION.

EXCUSE OF DAMAGES

IN NO EVENT SHALL THIS ORGANIZATION, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR ACCESS TO THE INFORMATION OR SOFTWARE CONTAINED AT THIS SITE.

These Terms of Use are governed by and will be interpreted pursuant to the laws of the State of New York (without applying New York’s conflict-of-law principles). You agree that any action in law or in equity arising out of or relating in any way to these Terms of Use or use of this web site shall be filed only in the state and federal courts located in Erie County, New York and you hereby consent to the exclusive jurisdiction and venue of such courts for the purpose of litigating any such action.

If any portion of these Terms of Use is held to be unlawful, void or unenforceable, such portion will be deemed severable and will not affect the enforceability of the remaining portions. We may revise these Terms of Use at any time without prior notice by updating this posting. Your continued use of this site after such changes are posted will signify your acceptance thereof. We reserve the right, in its sole discretion and at any time, to direct you to stop using the web site.

If you have any questions concerning these Terms of Use, please contact us by visiting the Contact page.

EVERGREEN HEALTH complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex.