Legal

Res-Care, Inc. Terms of Use

Acceptance of Terms of Use

These Terms of Use govern your use of the content and functions available through the rescare.com domain name and other websites on which these terms reside or are linked from (the “Website”) that are operated by Res-Care, Inc. (“ResCare”). By using, visiting, or browsing the Website, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to these Terms of Use, you should not use the Website. These Terms of Use create an ongoing contract between you and ResCare.

Change to Terms of Use

ResCare reserves the right, with or without notice to you, to change these Terms of Use in its sole and absolute discretion. The most current version of the Terms of Use shall supersede all previous versions. Your use of the ResCare Website after changes are made means that you agree to be bound by such changes.

Limited License

Subject to the Terms of Use, ResCare grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the materials thereon.

You agree to abide by all additional restrictions displayed on this Website as it may be updated from time to time. The compilation of all content included in or made available through the Website is the exclusive property of ResCare and protected by international intellectual property laws and treaty provisions. You agree to comply with all intellectual property laws in your use of this website and to prevent any unauthorized use. Except as expressly provided herein, ResCare does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

Disclaimer

The contents of this Website may contain inaccuracies and typographical errors. ResCare does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement, or other information displayed on or distributed through this Website.

You acknowledge that any reliance on any such advice, opinion, statements, or information shall be at your sole risk. ResCare reserves the right, in its sole discretion, to correct any errors or omission in any portion of the Website without notice.

Linking Policy and Disclaimer of Endorsement

The Website may contain links to third party websites that are not owned or controlled by ResCare. ResCare provides these links as a service to our users. The presence of a link is not a ResCare endorsement of the website or its sponsoring organization. ResCare has no control over, and assumes no responsibility for, the content or practices of any third party sites. ResCare is not responsible for the information collection practices of non-ResCare sites. By using the Website, you expressly release ResCare from any and all liability arising from your use of any third-party websites.

Privacy and Personal Information

You may be given the ability to provide us with personally identifiable information on the Website. Please read ResCare’s Privacy Policy for more information about its information collection and use practices.

Limitation of Liability

THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON) IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR SOFTWARE THEREIN. IN NO EVENT SHALL RESCARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RESCARE’S WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RESCARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT RESCARE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USER OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

lndemnity

ResCare makes no representations about the reliability of the features or content of this Website and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material will be at your own risk. You agree to defend, indemnify and hold harmless ResCare, its parent corporations, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Website;
  2. your violation of any term of these Terms of Use;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that one of your user submissions is offensive, defamatory, obscene or otherwise objectionable or caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Ability to Accept Terms of Use

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Miscellaneous

These Terms of Use will be governed by and construed in accordance with the laws of Kentucky without regard to conflicts of laws principles. By using this site, you hereby agree that any disputes regarding these Terms of Use will be subject to the courts located in Jefferson County, Kentucky. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use shall be unlawful, void or for any other reason unenforceable, then 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 constitute the entire agreement between you and ResCare regarding the use of the Website.