Terms of Use

ACCEPTANCE OF TERMS
Elm Brook Healthcare and Rehabilitation makes available for your use on this website located at http://www.elmbrookcare.com information, documents, software and products (collectively, the "Content") and various services (the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing the Site, you agree to the Terms of Use. Elm Brook reserves the right to change the Terms of Use from time to time at its sole discretion without notice. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. There may be additional terms and conditions relating to your use of certain portions of the Site. If you use these other portions of the Site, you will also be bound by those other terms and conditions. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Content downloaded or printed from the Site.

INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, service marks, logos and other intellectual property rights in the Site, any Content and any Services are owned by and shall at all times remain the property of Elm Brook and/or third parties. Elm Brook DOES NOT grant any express or implied right to you under any patent, copyright, trademark or other intellectual property right with respect to the Site, the Content or the Services. You may only use such intellectual property as specifically authorized by these Terms of Use. You grant Elm Brook permission to use on the Site or in connection therewith all comments, graphics, ideas and other information you provide to Elm Brook through the Site, email or other means.

COPIES
Except as specifically authorized by these Terms of Use, no portion of the Content may be reproduced, displayed, distributed, stored or used in any form or by any means without Elm Brook's prior written consent.

CONTENT
You may view, download and print the Content subject to the following conditions:

• The Content may be used solely for your personal, informational, internal and noncommercial purposes.
• The Content may not be modified or altered in any way.
• The Content may not be distributed.
• You may not remove any copyright or other proprietary notices contained in the Content.
• Elm Brook reserves the right to revoke your authorization to view, download and print any Content at any time, and you must discontinue any such use immediately upon written notice from Elm Brook.
• The rights granted to you in these Terms of Use constitute a revocable, non-exclusive, personal, non-transferable license and NOT a transfer of title.
• Notwithstanding the foregoing, elements of the Site (including without limitation its design and layout) are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

USE AND PROTECTION OF ACCOUNT ID AND PASSWORD
You are responsible for maintaining the confidentiality of your account ID and/or password, if applicable. You are responsible for all uses of your account, whether or not you actually or expressly authorize them.

WARRANTIES AND DISCLAIMERS
THE SITE, ALL CONTENT AND ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELM BROOK MAKES NO WARRANTY THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITE WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITE WILL BE CORRECTED OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The downloading or other acquisition of any Content, Services or products through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other damage or loss that results from any such downloading or acquisition. No advice or information, whether oral or written, that you obtain from Elm Brook or through or from the Site will create any warranty not expressly stated in these Terms of Use.

The Site contains links to third-party websites that are not under Elm Brook's control. Elm Brook makes no representations whatsoever about any other website to which you may have access through the Site. When you access a website other than the Site, you do so at your own risk and Elm Brook is not responsible for the accuracy or reliability of any information, data, opinion, software, advice, content or statements contained on these websites or for the quality of any products or services available on these websites. Elm Brook provides these links merely as a convenience and the inclusion of such links does not imply that Elm Brook endorses, recommends or accepts any responsibility for the content or use of these websites.

IN NO EVENT WILL ELM BROOK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES OR ANY WEBSITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT ELM BROOK COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOUR INFORMATION
Refer to the Elm Brook Privacy Policy posted on the Site to learn how Elm Brook protects your personal information. To the extent you provide any information to Elm Brook while using the Site, you represent and warranty that all such information is accurate and complete in all respects.

TERMINATION AND MODIFICATION
Elm Brook may modify or terminate the Site, any Content and any Services, including without limitation the prices and descriptions of any products or Services listed on the Site, at any time without notice. The Content or Services may be out of date, and Elm Brook makes no commitment to update any Content or Services.

INAPPROPRIATE BEHAVIOR
Any of the following may result in your suspension or permanent expulsion from the Site. The sole test of whether or not you have engaged in such behavior is Elm Brook's own discretion. Certain behaviors also may result in criminal or civil action.

• Use of vulgar or offensive language, including in your username or email address.
• Perpetration of illegal, abusive or unethical activity.
• Threat of physical violence.
• Threat of destruction of property.
• Harassment of any person.
• Making any racially, sexually or otherwise offensive comment.
• Distribution of obscene material or use of obscene or sexually suggestive language.
• Violation of privacy, including without limitation the involuntary public disclosure of a third party's phone number, mailing or email address or other personal or private information.
• Defacement of any part of the Site.
• Hacking, the deliberate distribution of a computer virus or any access or attempt to access other areas of any computer equipment on which the Site is located or other information contained on such computer equipment for any purpose.
• Gambling or promotion of gambling.
• Infringement of the intellectual property or other proprietary rights of any party.

INDEMNITY
You agree to indemnify and hold harmless Elm Brook and its subsidiaries, affiliates, officers, agents, affiliates, co-branders and employees from and against any cost, expense, indebtedness, liability, loss, claim or demand, including without limitation reasonable attorneys' fees and disbursements, arising out of content you submit, post to or transmit through the Site, your use of the Site or any Content or Services, your connection to the Site, your violation of these Terms of Use or your violation of any rights of Elm Brook or any other individual or entity.

NOTICES
You may send notices to Elm Brook at info@elmbrookcare.com. Any notice will be effective upon actual receipt by Elm Brook. Elm Brook may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting on the Site.

GOVERNING LAW AND JURISDICTION
These Terms of Use (i) may be amended by Elm Brook at any time by posting an amendment on the Site, whether or not you actually receive notice of the amendment, or by you and Elm Brook in a writing executed by you and Elm Brook, (ii) inure to the benefit of, and are binding upon, you and Elm Brook and each of your and Elm Brook's successors and assignees, except that you may not assign any of your obligations under these Terms of Use without Elm Brook's prior written consent, (iii) are governed by and will be interpreted and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws and (iv) constitute the entire agreement between you and Elm Brook with respect to the subject matter hereof, and supersede all prior oral and written proposals, representations, understandings and agreements. You and Elm Brook will submit any dispute relating to the Site, the Content, the Services or these Terms of Use exclusively to a federal or state court located in the County of Erie, New York and consent to its being a proper venue for such dispute. Elm Brook makes no representation that the Site, the Content or the Services are appropriate or available for use in locations other than the State of New York, and accessing them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so exclusively on their own initiative, for their own purposes, and are responsible for compliance with local laws.