Terms of Use for Kendal at Home Website – Rev. 5.1.2020
COVID-19 Disclaimer
The COVID-19 pandemic is a rapidly evolving situation, as are the laws, regulations, and government actions related to it. Any information on this website related to COVID-19 is subject to change as the laws and regulations change and more information becomes available. Although we attempt to ensure that the information on this site is complete, accurate, and up to date, we assume no responsibility for its completeness, accuracy or timeliness.
1. Site Terms of Use
Welcome to kendalathome.org (the “Site”), the official website for Kendal at Home and its subsidiaries and affiliates (“Kendal” or “we” “our” “us”). The following is important information regarding this Site, Kendal’s copyright to its contents, and the terms for your use of the Site. These Terms of Use govern your use of the Site. Registration and other information submitted by you are subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference.
You understand that through your use of this Site, you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, including the transfer of this information for storage, processing, and use by Kendal.
By using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site. Accessing this site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Use on the Site and update the “Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use, or who, in our judgment, interferes with the ability of others to enjoy our Site or infringes on the rights of others.
If you do not agree to abide by these or any future Terms of Use, please do not access or use – or continue to access or use – the Site.
2. Age Requirement
By using this Site, you certify that you are 18 years of age or older. If you are a resident of a state, province, or country that imposes additional or different age requirements for disclosure of personally identifiable information, you hereby represent that your use of the Site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province, or country.
3. Site Content
Information on this Site was current as of the date of publication and is subject to change since that time.
4. Site Content Ownership
All right, title, and interest in and to the Site and all intellectual property rights included in or associated with the Site, including but not limited to copyrights, trademarks, service marks, logos and intellectual property (collectively “Content”) remain with Kendal. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Site that you do not have a pre-existing legal right, title, or interest in, including without limitation utilizing, copying, distributing, republishing, uploading, removing, posting, creating, or attempting to create any derivative works, modifying, reverse-engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use or unless you have licensed the use of such Content pursuant to the Image Use License Terms. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights’ notice or legend contained on the Site or in the Content. Your use of the Site does not grant you any right, license, or permission of any kind to reproduce or use Kendal’s intellectual property. All use of the Site and the Content is provided “as is” and does not include any warranty of any kind.
5. Limited Right to Use Site Materials
This Site and all the Content available on the Site are the property of Kendal and/or our licensors, and are protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement on Kendal’s rights or those of our affiliates of licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials constituting such Content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content from the Site.
6. Limitations on Linking and Framing
You are free to establish a hypertext link to our Site if the link does not state or imply any sponsorship, endorsement, affiliation to other connection to your website or service by Kendal. However, you may not, without our prior written permission, frame or inline link or deep link any of the Content of our Site or incorporate into another website or other service any or our material, Content, or intellectual property.
7. Linking and Third-Party Content
The Site may contain links to third-party websites not under our control or operation. Kendal or users may provide any such links only as a convenience; Kendal does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content, and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third-party’s terms and conditions. You are solely responsible for protecting yourself, your devices, and your systems from worms, viruses, Trojan horses, and other harmful content.
8. Additional Terms and Conditions
Additional terms and conditions may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.
9. Laws and Regulations
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information from the Site. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Kendal may access, preserve, and disclose your information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation to (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; (iv) respond to requests for client services; or (v) protect the rights, property, or personal safety of Kendal, its users and members, and/or the public.
10. Indemnification
You agree to indemnify, save, defend, reimburse, and hold Kendal, its officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind, etc., resulting from (i) your use of the Site; (ii) your breach of any provisions of these Terms of Use and/or (iii) your violation of any rights of another, whether by action or omission.
11. Compatibility
You acknowledge and agree that Kendal, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt, and accuracy of information transmitted to or received from the Site and/or its features.
12. Disclaimer of Warranties
Kendal provides the Site and all information, Content, and services included on or otherwise made available to you through the Site on an “as is” and “as available” basis, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk, unless otherwise specified in writing. Kendal makes not representations or warranties of any kind, either express or implied, including but not limited to, warranties or non-infringement, fitness for a particular purpose, or merchantability, regarding your use of the Site or any information, content, and/or services provided or made available herein or the availability of the Site itself or the accuracy of results obtained through your use of the Site. Without intending to be exhaustive, as part of this disclaimer, Kendal does not warrant that the Kendal Site or any portions thereof will operate uninterrupted or error-free, and gives notice that it is possible that the Kendal Site or one or more portions thereof or features or services available through the Site may be or become inaccessible, unavailable, or inoperable from time to time or permanently.
13. Limitation of Liability
Kendal shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Site and the information, Content, and experiences provided via the Site. Kendal shall not be liable to you for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other damages in connection with your use of the Site including, but not limited to, loss of or damage to data or loss of or damage to information, personal injury or property damage, however caused, whether based on contract, tort, warranty, or other legal theory, even if Kendal has been informed in advance of the possibility of such damages and/or such damages could have been reasonably foreseen by Kendal. Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, Kendal’s total liability, regardless of the form of action, shall not exceed $50.00.
14. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability or consequential damages. Accordingly, some of the limitations in the section above may not apply to you.
15. Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State of Ohio, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use or the Site shall be heard exclusively in the courts, state and Federal, located in Cuyahoga County, Ohio, and you hereby consent to the jurisdiction and venue of such courts. Regardless of any statute or law to the contrary, any claim or course of action by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Miscellaneous
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, and any web pages or other documents incorporated by reference, set for the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions, or complaints about these terms, please contact us at 440-835-8681.
