Last Updated: 12/01/17
SCOPE OF USE
Ancore reserves the right to modify this Site and the rules and regulations governing its use, at any time, including, without limitation, these Terms. Modifications will be posted on the Site and the “Last Updated” date at the top of this web page will be revised. You understand and agree that if You use this Site after the date on which the Terms have changed, Ancore will treat Your use as acceptance of the updated Terms. Ancore may make changes in the products and/or services described in this Site at any time.
YOU MAY NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS.
RESTRICTIONS ON USE
You shall use the Site strictly in accordance with these Terms and in a manner consistent with all applicable local, state, national and international laws and regulations. You will not use the Site for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Site or the server nor will You use Our Site to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Site in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or server hosting the Site; (iii) manipulates or otherwise displays the Site by using framing, mirroring or similar navigational technology or directly links to any portion of the Site other than the main homepage located at https://www.ancorehealth.com/; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Site or copies any content or information on the Site; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of Ancore or its affiliates, partners, suppliers or the licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Site; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Site or any hardware, software, system or network connected with the Site; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the Site or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Site; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information not intended by Ancore to be made accessible to You. Use of the Site is solely intended for and limited to persons eighteen (18) years of age or older.
REGISTRATION, ACCESS & SECURITY
If You use any Ancore service and provide Us any information through the Site, whether as part of a service or otherwise, including, without limitation, Your name, phone number, contact details, or email address (collectively, Your “Account Data”) for any accounts or services associated with You (“Your Account(s)”), You agree to provide true, accurate, current, complete and up-to-date information. If You provide any information that is untrue, inaccurate, non-current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then We have the right to terminate or refuse any and all current or future access or use of the Site (or any portion thereof). We reserve the right to take any action that We deem necessary to ensure the security of the Sites and Your Account, including without limitation terminating Your Account, or requesting additional information to authorize transactions on Your Account. If You are using the Site on behalf of a legal entity, You represent that You are authorized to enter into and agree to these Terms on behalf of that legal entity. You are solely responsible for keeping Your Account Data confidential. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep Your Account Data confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security.
You are responsible for providing and maintaining, at Your own risk, option and expense, any hardware, software and communication lines required to access and use the Site, and Ancore reserves the right to change the access configuration of the Site at any time without prior notice.
ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND ANCORE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANCORE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK.
ANCORE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE, OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES.
Certain products and services described on the Site, if any, may not be available to all users. Content and other information contained on the Site has been prepared by Ancore as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Ancore has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked from the Site. Users relying on information from the Site do so at their own risk. The information is provided solely for general informational purposes.
All trademarks, service marks and logos that are used or displayed on the Sites are owned by Ancore or by third parties and are the property of their respective owners. Ancore owns various trademarks, service marks and logos that may be used on the Site. You must obtain Ancore’s written permission prior to using any trademark or service mark of Ancore. Unauthorized use of any trademarks, service marks or logos used on the Site may be a violation of state, national and international trademark laws. Additionally, Ancore’s custom icons, graphics, logos and scripting on the Site are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without the prior written permission of Ancore.
WEB SITE CONTENT & COPYRIGHT
This Site and the content contained on this Site are protected by U.S. and international copyright laws. You may not modify, reproduce or distribute the content, design or layout of the Site or individual sections of the content, design or layout of the Site or Ancore’s trademarks or logos without Our written permission. The layout, compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Ancore. Ancore reserves all of its rights in the Site and its content.
COPYRIGHT INFRINGEMENT NOTIFICATION
Ancore has a policy of removing data or content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, Ancore has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with Us, You will need to send a written communication to Ancore’s designated agent, listed below, containing substantially the following information or such other information as may be required by Section 512(c)(3) of the Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please direct any such notice to [203 3rd Avenue South, Ste. 200, Franklin, TN 37064] or contact Us by email at [firstname.lastname@example.org]. The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail.
REVIEWS, COMMENTS, AND OTHER CONTENT
If You post or submit any reviews, comments, photos, statements, ideas, questions or other content (collectively, the “Content”) to the Site or to Ancore, You acknowledge and agree that all such Content shall comply with these Terms (including the “Restrictions on Use” section above) and You may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless We indicate otherwise, You grant Ancore a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide right to use, publish, reproduce, modify, copy, distribute, adapt, translate, create derivative works of, and display such Content and any derivatives of the Content on any media and in any form. You represent and warrant that all Content that You submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all Content You submit to the Site or Ancore is accurate, truthful and non-deceptive; that all Content has evidence to back up the claims made; and You shall, if applicable, clearly disclose whether the Content is a sponsored post for which payment or any kind of benefit at all was received by You, whether You are a member or employee of Ancore, whether You received any cash or benefit of any kind in exchange for posting the Content, and all Content shall be clearly and conspicuously distinguishable from other editorial content. You further represent and warrant that You own or otherwise control all of the proprietary rights to the Content that You submit or post to the Site and that You will indemnify Ancore for all claims resulting from any Content You or any third parties submit to Ancore or post to the Site. Ancore has the right but not the obligation to remove, edit or monitor any Content, but Ancore takes no responsibility and assumes no liability for the Content posted or submitted by You or any third parties.
VIOLATION OF RULES AND REGULATIONS; DISCLOSURE OF INFORMATION
You agree to indemnify and hold Ancore and its subsidiaries, affiliates, members, officers, agents, employees, contractors, partners, and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Site, Your violation of these Terms, or Your violation of any law or any rights of another. Ancore reserves the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify against, and You agree to cooperate in Ancore’s defense of such matter. This indemnification shall survive any termination of these Terms.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ANCORE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITES; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE; OR (E) THAT ARISE IN CONNECTION WITH, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, INCLUDING, WITHOUT LIMITATION: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN FIFTY DOLLARS ($50.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to You to the extent prohibited by law. In such cases, Ancore’s liability will be limited to the fullest extent permitted by applicable law.
Third Party Sites
NO FIDUCIARY RELATIONSHIP
The Terms do not create any fiduciary relationships between You and Us. The Terms do not create any relationship of principal and agent, partnership, or employer and employee, between You and Us. You may not enter into any contract on Our behalf or bind Us in any way.
When You visit the Site, or send e-mails or messages through the Site to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date We transmit any such electronic communication as described in these Terms.
Governing Law and General Principles
This Site is operated by Ancore from its offices within the United States of America. Ancore makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access this Site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By using the Site, regardless of where You live or are located in the world, You consent to these Terms and any claims relating to the information, services or products made available through this Site will be governed by the laws of the State of Tennessee, U.S.A., excluding the application of its conflicts of law rules. You irrevocably agree that any legal action or proceeding arising out of or relating to these Terms or Your use of the Site brought by You or Your successors or assigns shall be exclusively brought and determined in the federal and state courts located in Davidson County, Tennessee. You agree that If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Ancore may assign or otherwise transfer Our rights under these Terms or any part of them without restrictions or notice to you. Ancore’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Ancore’s right to subsequently enforce such provision or any other provisions of these Terms. You agree that any claim You may have arising out of or related to Your use of the Site or Your relationship with Ancore must be filed within one year after such claim arose; otherwise, Your claim is permanently barred. You agree that any violation, or threatened violation, by You of these Terms constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.