HME Talk Terms and Conditions of Use

Last updated: January 5, 2010

HME Talk offers the use of its member e-mail forum, website forum, and other related services and subsequent offerings along with the content posted thereon or published thereby (the “Services”) subject to the terms and conditions of use (the “Terms”) contained herein. All references herein to “HME Talk”, “we,” “us,” or “our” are intended to include Definitive Homecare Solutions, Ltd., any company affiliated with us, successor companies operating HME Talk, and sponsors of the Services. By accessing, creating or contributing to any forum or discussion board hosted at HMETalk.com or published by us, and in consideration for the Services, you agree to abide by these Terms. Please read them carefully before posting to HME Talk. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.

1. Disclaimer of Company Responsibility for HME Talk Content

You understand that all emails, discussion threads, and other content posted to HME Talk (“Content”) is the sole responsibility of the individual who originally posted the Content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as our representatives or any of our sponsors or partners. The opinions that you or others post in HME Talk do not necessarily reflect our opinions.

2. Posting

(A) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the Content have been waived.

(B) By posting Content to HME Talk, you warrant and represent that you either own or otherwise control all of the rights to that Content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the Content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the Content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement or other information restricted by law, that you are not authorized to disclose. You acknowledge that postings will be distributed to HME Talk users and may be available to the public on HME Talk’s website and archives published thereon. We caution you not to disclose personal information about yourself or others, such as social security numbers, credit card numbers, etc.

(C) HME Talk is intended to be a forum for an exchange of information and opinion among subscribers. You agree that you will not post advertising or similar Content for products or services offered by you or your company or on another’s behalf.

3. Accessing

(A) You agree that we will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use f any Content. 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. You agree not to harvest or otherwise collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.

(B) We are not responsible or liable for such Content, and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the Content. HME Talk Content may contain links to other websites on the Internet. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the websites by us or any association with their operators.

(C) We may enable you to establish an account with a username and password to access and use the Services or to create or edit your preferences. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.

4. Children

Persons under the age of 18 are not eligible to use the site, and we ask that they do not submit any personal information to us. You represent that you are over the age of 18. Collecting personal information from children under the age of 13 through the Services or HME Talk is prohibited. No Content should be directed toward minor children.

5. Privacy Policy

Please be sure to read our Privacy Policy, which is available at www.HMETalk.com/privacy-policy.php and incorporated herein by reference.

6. Copyright Complaints

We respect the intellectual property of others, and require that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify us of your claim of infringement by sending the following written information to support@HMETalk.com. We may request additional information from you regarding your claim.

7. Termination of Access/Removal of Content

We retain the right in our sole discretion to restrict or terminate user access to the Services for any reason, including the right to terminate your access to, and use of, the Services and/or remove any of your Content if we consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
If you believe that any Content is objectionable and in violation of these terms, please contact support@HMETalk.com providing the date and subject heading of the post.

8. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. HME TALK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES OR SOFTWARE USED BY US IN CONNECTION WITH THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF THE SERVICES OR THE CONTENT PUBLISHED BY USERS OF THE SERVICES.

10. Acceptance and Acknowledgement of Terms

Use of HME Talk’s website and the Services constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of ours that may govern use of the Services.

Thank you for participating in HME Talk. Please do not hesitate to contact Us at support@HMETalk.com if you have questions.