Terms of Use

US Post Acute Care, LLC (“US PAC”) provides this website to you subject to these terms and conditions (“Terms of Use”). By accessing or using the US PAC website; www.uspostacutecare.com(the “Website”), you agree to be bound by these Terms of Use without limitation or qualification. Each use by you shall constitute and be deemed your unconditional acceptance of these Terms of Use. You represent and warrant that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement.

IF YOU DO NOT AGREE TO OR ARE NOT LEGALLY ABLE TO AGREE TO BE BOUND TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

We may amend, change or update these Terms of Use from time to time. The most current version is posted on uspostacutecare.com.  Changes to the Terms of Use shall become effective immediately upon posting. Your continued access or use of the Website shall constitute your agreement to any changes to these Terms of Use. We may modify, suspend, discontinue, or restrict the use of any portion of the Website, including the availability of any portion of the content of the Website, at any time, without notice or liability.

Privacy Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at [website address].

These Terms of Use, together with our Privacy Policy, constitute the entire agreement (“Agreement”).

Permitted Use

So long as you comply with this Agreement, US PAC grants you a limited, revocable non-exclusive license to access and use this site solely for your own personal use and not for commercial reproduction, distribution, publication, or any other activity in contravention of these Terms of Use, applicable law, or US PAC or any third party’s rights. You may not copy, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, lease, perform, display, transmit, create derivate works, translate, circumvent any anti-piracy or other technology that restricts access, or otherwise alter or attempt to discover the source code, object code, or other portion of the Website. You may not assign or transfer this permission to others.

Ownership and Intellectual Property

All content included on this Website is and shall continue to be the property of US PAC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Please send any notices, questions, comments, or concerns regarding this Website, including any notifications of claimed copyright infringement, to:

US Post Acute Care
1201 Pacific Avenue, Suite 400
Tacoma WA 98402

Information and Advice

This Website is intended as a convenience and reference only and does not provide or claim to provide professional medical, pharmaceutical, nursing, or insurance advice, diagnosis, treatment, or recommendations, nor is this Website a substitute, supplement, or replacement therefore. Nothing available on or through this Website is intended to be, and shall not constitute the practice of medicine. US PAC makes NO representation, warranty, or guarantee as to any determination of benefits, coverage, costs or charges, authorizations, etc. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, therapeutic, pharmaceutical, nursing, and insurance and benefits coverage matters.

DO NOT PROVIDE ANY CONFIDENTIAL OR PERSONAL INFORMATION, OR PROTECTED HEALTH INFORMATION, AS THOSE TERMS MAYBE DEFINED BY STATE OR FEDERAL LAW, TO THIS WEBSITE. You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Website (“User Material”). You represent, warrant and agree that all User Material is non-confidential and non-proprietary and does not include any personal information or protected health information. All User Material is and will be treated as non-confidential and non-proprietary.

You are responsible for any, and all actions performed using your account, including all uploaded or transmitted material(s).

No confidential relationship or obligations shall be established between you and US PAC through any submission to or through use of the Website. In the event you provide any User Material, you represent and warrant that the User Material is your original creation and that you are the rightful copyright owner of such information, or that you have adequate permission from the rightful copyright owner, and that the use of such material is otherwise permitted by these Terms of Use. By posting any User Material on this Website or submitting any User Material to US PAC via this Website, you hereby expressly grant US PAC a royalty-free, world-wide, non-exclusive license to use, copy, edit, distribute, translate, publicly perform, commercialize, and sublicense such User Material as well as your name and likeness as used in connection with such User Material for any purpose, including without limitation marketing or promotional purposes. Any such submission shall be considered non-confidential and shall be the sole and exclusive property of US PAC. US PAC shall have no obligations to you in connection with such use or submission.

You warrant and agree that you will NOT:

  1. Post, upload, or transmit through the Website any unlawful, threatening, libelous, defamatory, infringing, obscene, indecent, scandalous, inflammatory, pornographic, harassing, profane, or other objectionable materials, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil or criminal liability under U.S. federal, state, local, or international law, or otherwise violate any law or contractual obligation;
  2. Post or transmit any personal information (including but not limited to Social Security Numbers) or protected health information;
  3. Collect or store personal information about other users;
  4. Stalk or harass any other user;
  5. Use this Website in any manner that could impair the server or the functioning or operation of the Website or related equipment or could in any way interfere with other users’ enjoyment of this Website as determined by US PAC in its sole discretion;
  6. Use this Website to disseminate or transmit any bug, virus, trojan horse, worm, trap door or other malicious, harmful or disabling data, work, code or program;
  7. Impersonate another or manipulate or forge information to disguise the origin of information posted on this Website;
  8. Post, provide, transmit, or otherwise make available any junk mail or spam;
  9. Attempt to access any unauthorized account, computer, or other network connected to the US PAC server through any means;
  10. Override or circumvent any of the protections or usage rules embedded into the Website;
  11. Use this Website as an “open relay” or for similar purposes;
  12. Take information or content from the Website, including but not limited to any member or individual information such as names, email addresses, contact information, or personalized information, for use for any purpose; or
  13. Engage in any other activity deemed by US PAC to be in conflict with the spirit or intent of these Terms of Use.

Indemnity

You agree to indemnify, defend, and hold US PAC, its subsidiaries and affiliates, agents, officers, directors, employees, representatives, and insurers, and their respective successors and assigns harmless from and against any and all claims, demands, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees), damages, made by anyone due to or arising from (i) your access or connection to, or use of this Website, or (iii) breach of these Terms of Use or the Agreement. US PAC reserves the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification provision by you and, in such case, you agree to cooperate with US PAC’s defense of such claims.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL US PAC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

Links To Other Internet Sites; Links to this Website

Links to Internet sites owned, operated, or maintained by third parties not under US PAC’s control may be available through this Website. These links are provided for your convenience or reference only. Such links are not and shall not be deemed to be US PAC’s endorsement of the organization or individual associated with the linked site and these Terms of Use do not apply to the linked site. US PAC is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Website. You assume sole responsibility and liability for your use of such linked sites.

Links to other Internet sites owned, operated, or maintained by US PAC may be available through the Website. Your use and access of such linked sites may be subject to separate terms of use or other agreements.

You must obtain US PAC’s prior written consent before placing, displaying, or otherwise providing any link(s) to this Website.

Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

Disclaimer; Limitation of Liability

THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, US PAC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. US PAC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY CAN BE GIVEN THAT THE DATA IS CURRENT. USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. US PAC assumes no responsibility for consequences resulting from the use of the Website.

Relationship of the Parties.  Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Governing Law and Jurisdiction; Limit on Commencing Actions; General Information

These Terms of Use are governed by the laws of the State of Washington U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Washington U.S.A. in all disputes arising out of or relating to these Terms of Use and/or access or use of the Site. You must commence any cause of action or claim against US PAC  concerning this Website within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred. You agree that US PAC’s remedy at law for any actual or threatened breach of these Terms of Use could be inadequate and that US PAC  shall be entitled to specific performance, injunctive relief, or both, in addition to any damages that US PAC may legally be entitled to recover, together with reasonable expenses (including attorneys’ fees). All rights and remedies granted to US PAC under this Agreement are cumulative and not alternative or exclusive.

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and US PAC regarding this Website. The failure of US Post Acute Care to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.