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LEGAL NOTICE USE OF THIS WEB SITE, WWW.DESIERTOHOMEHEALTHCARE.COM, (THE "SITE") IS SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AXIS HOME HEALTH CARE, INC. d/b/a DESIERTO HOME HEALTHCARE ("DESIERTO HOME HEALTHCARE). BY USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE. TERMS OF USE Following are the terms of a legal agreement between you and Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare If you do not agree to these terms, do not use the Site. 1. Restrictions. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare owns all material used on the Site. All information is provided solely for the personal, non-commercial use of users of the Site. All materials appearing on the are the creation of Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare and are protected by all applicable copyright and trademark law or are used with the consent of the original owner or creator of the material. Nothing appearing on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare or the copyright owner's express, written permission. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare hereby grants its permission to display, copy, distribute, and download the materials on the Site for personal, non-commercial use only, provided the materials are not modified and that all copyright and other proprietary notices contained in the materials are retained. This permission terminates automatically if you violate any of these terms or conditions. Upon termination, you must immediately destroy all downloaded and printed materials. Any unauthorized use of any material in this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 2. Limitation on Use and Liability. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare does not make any warranties or representations regarding the materials contained on the Site. As a user of the Site, you agree that you are not relying on any material contained on the Site; any reliance on your part is at your sole risk. Despite its efforts to provide accurate information on the Site, Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare cannot ensure that all information is correct. Accordingly, Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare intends the Site to be used for general reference only. No information on the Site is to be construed as accounting, tax or financial advice. By using the Site, you agree that Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare shall not be liable for any damages relating to any use of or reliance upon any material on the Site. You also agree that Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare shall not be liable for any damage to your computer or other equipment or other property related to your use of access or your downloading of any material from the Site. 3. DISCLAIMER. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, JOINT VENTURERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, AND CLAIMS FOR INTEREST, RELATED DIRECTLY OR INDIRECTLY TO OR ARISING FROM YOUR ACCESSING THE SITE OR THE USE OR NON-USE OR INABILITY TO USE ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare OR A Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE IS CAUSED IN WHOLE OR IN PART BY Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare' GROSS NEGLIGENCE OR ITS NEGLIGENCE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS AND INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ALSO AGREE TO HOLD Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS, HARMLESS FROM ANY AND ALL CLAIMS AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SITE, ANY FAILURE BY YOU TO ABIDE WITH THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. 4. Internet Links. The Site contains links to other Internet web sites maintained by third parties. These links are not endorsements of any products or services contained in those sites, and no information in those sites has been endorsed or approved by Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare Accordingly, you agree that Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare is not responsible for any content, product, or services provided on these other Internet web sites. Likewise, you agree that Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare is not liable for the content, products, or services of other Internet web sites that link to the Site. Linking to the Site via framing or deep-linking is expressly prohibited. To the extent applicable, you are responsible for complying with all local laws regarding material obtained from the Site or other linked sites. 5. Governing Law. This Agreement will be governed by, construed by, and enforced in accordance with, and subject to, the laws of the State of Texas, except to the extent superseded or preempted by the laws of the United States of America. If any provision of this Agreement is deemed invalid, unlawful, unenforceable, or void, you and Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare agree that the validity and enforceability of the remaining provisions shall remain in full force and effect. By using the Site, you agree to submit to the exclusive jurisdiction of the Texas state courts located in El Paso, Texas, or the United States District Court for the Western District of Texas to resolve any disputes arising out of your use of the Site or any interaction with Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare regarding the Site. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties thereto and their respective heirs, representatives, successors, and assigns. 7. Termination. This Agreement shall remain in force and effect until terminated by Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare In the event of termination of this Agreement, all restrictions imposed upon you herein, including all disclaimers, waivers, releases, and limitations of liability, shall survive. 8. Revisions. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare may from time to time revise this Agreement. By using this Site, you agree to be bound by any such revisions and should therefore, periodically visit this page to determine the then current Agreement and Terms of Use to which you are bound. Because of the frequency of updates and changes and the possibility of errors, nothing on the Site may be used as evidence in any legal proceeding, investigation, or arbitration without Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare' express written consent. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare has the right to stop conduct on the Site that it deems offensive or that it determines to inhibit the ability of others to use the Site. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare has the right to take action, including immediate termination without notice, against any user who misuses the Site or fails to abide by this Agreement. If Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare becomes aware of any unlawful activity on the Site, it reserves the right to notify appropriate authorities about such activity. 9. Employment at Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare is an Equal Opportunity Employer who recruits, hires, and promotes employees and makes all employment decisions without regard to race, color, religion, sex, age, disability, national origin, citizenship, or veteran status. Nothing herein shall be construed as creating an offer of employment or a modification of any terms of employment of existing Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare employees. All Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare employees are at-will employees who may be terminated or who may resign at any time, with or without reason, with or without cause, and with or without notice. 11. Privacy Policy. The information we receive from you when you visit the Site depends on what you do when you visit the Site. If you visit the Site to browse, read, or download information: We may collect and store the name of the domain and host from which you accessed the Site (e.g., aol.com); the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Site; and the Internet address of the web site from which you accessed the Site. We use this information to measure the number for visitors to the different sections of the Site and to help us make the Site more useful. This information is not disclosed to anyone outside of Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare (save and except any firm contracted with Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare to host and/or support the Site). We may use "Cookies," which are small files sent to and stored on your computer in order to recognize your computer as a unique machine, collect information about your activities on the Site, make it possible to optimize and/or customize future visits, and/or understand the size of our audience and the traffic patterns within the Site. You can set your browser to warn you when a web site attempts to place a "Cookie" on your computer. If you choose to identify yourself by sending us an e-mail or by entering information on a form appearing on the Site: We may provide this personally-identifying information to a Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare professional in order that they may contact you and/or send you marketing and sales information related to Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare The information gathered from you is not disclosed to anyone outside of Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare (save and except any firm contracted with Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare to host and/or support the Site). Although we do not create a Company-wide database of this personally-identifying information, certain professionals within the Company may create their own databases or collections of this information. We may also distribute or use any such information disclosed to us in a manner consistent with the purpose for which it is disclosed. In any event: Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare may disclose or exchange with others any information you have provided to us if we believe the law requires us to do so or in order to protect the rights of Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare, our affiliates, or our users. We are not responsible for any breaches of security or for any actions of third parties receiving any information gleaned from your visiting the Site. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare does not knowingly collect personally identifiable information from anyone under the age of 13. Axis Home Health Care, Inc. d/b/a Desierto Home Healthcare does not control what information is received when you access a web site through an outside link and does not have any control over what information, if any, is gathered from your visiting any web site other than the Site or what uses are made of such information. |
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