AGREEMENT BETWEEN USER AND United Care Group
The United Care Group Web Site is comprised of various Web pages .
The United Care Group Web Site is presented to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. The use of United Care Group Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE
TERMS OF USE
United Care Group reserves the right to change the terms, conditions, and
notices under which the United Care Group Web Site is presented, including but
not limited to the charges associated with the use of the United Care Group Web
Site.
LINKS TO THIRD PARTY
SITES
The United Care Group Web Site may contain links to other Web Sites . The
Linked Sites are not under the control of United Care Group and United Care
Group is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. United Care Group is not responsible for transmission received
from any Linked Site. The links are provided to you only as a convenience.
NO UNLAWFUL OR PROHIBITED
USE
You warrant to United Care Group that you will not use United Care Group Web
Site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the United Care Group Web Site in any manner which
could damage, disable, overburden, or impair the United Care Group Web Site or
interfere with any other party's use and enjoyment of United Care Group Web
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the United
Care Group Web Site.
You agree that when using a United Care Group Web Site, you will not:
United Care Group reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE United Care Group Web Site MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
United Care Group MAY MAKE IMPROVEMENTS AND/OR CHANGES IN United Care Group Web
Site AT ANY TIME. ADVICE RECEIVED VIA THE United Care Group Web Site SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
United Care Group Web Site MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE United Care
Group Web Site FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. United
Care Group AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL United
Care Group BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE United Care Group Web Site, WITH
THE DELAY OR INABILITY TO USE THE United Care Group Web Site OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE United Care Group Web Site, OR OTHERWISE ARISING OUT OF THE USE OF THE United
Care Group Web Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF United Care Group OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE United Care Group Web Site, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE United
Care Group Web Site.
TERMINATION/ACCESS
RESTRICTION
United Care Group reserves the right, in its sole discretion, to terminate your
access to the United Care Group Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New
York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of
courts in Kings County, New York, U.S.A.
in all disputes arising out of or relating to the use of the United Care Group
Web Site. Use of the United Care Group Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph United Care Group
performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of United
Care Group right to comply with governmental, court and law enforcement
requests or requirements relating to your use of United Care Group Web Site or
information provided to or gathered United Care Group with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and United Care Group with respect to the United Care Group Web Site and
it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user United Care Group with
respect to the United Care Group Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents will be drawn
up in English.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.