Legal

 

CHM Website
 
Purpose. Correctional Healthcare Management, Inc. (CHM) maintains the CHM Website to enhance public access to general information and services provided by CHM.  The CHM Website consists of http://www.jailcare.com and all websites and pages operated under any sub-domain of the CHM Website.
 
Use of CHM Website Constitutes Acceptance. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the CHM Website) and CHM. By using the CHM Website you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the CHM Website.  
 
Changes to this Agreement. CHM may remove, amend or replace any provision of this Agreement at any time and will promptly post such changes on the CHM Website.
 
Medical Information on the CHM Website. Certain information provided on the CHM Website is intended to educate the reader about certain medical conditions and certain possible treatments. It is not a substitute for examination, diagnosis, and medical care provided by a licensed and qualified health professional. If you believe you, or someone you know, suffer from the conditions described herein, please see your health care provider. Do not attempt to treat yourself, your child, or anyone else without proper medical supervision.
 
 
No Medical Advice. The CHM Website and all its content are provided for general informational purposes only, and may not reflect current medical developments. Any information contained in CHM Website should not be construed as medical advice and is not intended to be a substitute for consulting your own medical practitioner on any subject matter.  No recipient of content from the CHM Website should act or refrain from acting on the basis of any content included in, or accessible through, the CHM Website without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a physician licensed in the recipient's state, country or other appropriate licensing jurisdiction.
 
Risks of Doing Business on the Internet. You acknowledge and agree that electronic communications are subject to errors, tampering and break-ins and that, notwithstanding CHM's implementation of reasonable security precautions, CHM does not guarantee or warrant that such events will not take place. You agree to follow all access and security procedures provided by CHM, from time to time, and will not attempt, nor will you aid or abet any other person in any attempt, to circumvent or otherwise interfere in any way with any security precautions or measures of CHM.
 
Links to Third-Party Websites. The CHM Website may include hyperlinks to third-party websites.  CHM is not responsible for, and makes no representations or endorsements with respect to, any such website, or with respect to any product or service that may be provided by or through such websites. These hyperlinks are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other websites. You should direct any concerns regarding any external link to its website administrator or webmaster. You should be aware that such websites, products or services may be provided subject to privacy policies, acceptable use policies or other terms of use that differ substantially from the provisions of this Agreement, and you should consult such terms of use before using such websites, products or services.
 
NO WARRANTIES. CHM PROVIDES THE CHM WEBSITE AND ALL CONTENT SOLELY ON AN "AS-IS/AS-AVAILABLE" BASIS. UNLESS OTHERWISE REQUIRED BY ANY MANDATORY APPLICABLE LAW, NONE OF THE CHM WEBSITE CONTENT IS SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. CHM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT. IN ADDITION, CHM DOES NOT GUARANTEE THAT PROVISION OF CHM WEBSITE OR ANY SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.
 
Downloading Content. It is the policy of CHM to enforce its intellectual property rights to the fullest extent permitted by law. All content of the CHM Website including, without limitation, all text, graphics, video, sounds, product names (regardless of whether or not they appear in large print or with the a trademark symbol), and computer code are the valuable proprietary property of CHM, its affiliates, related companies, or its licensors or joint venture partners and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that CHM has expended substantial time and effort to create the CHM Website and the content and services contained on the CHM Website and that CHM exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information , data, databases, images and other material.  CHM grants you a revocable, nontransferable, nonexclusive license to download copies of articles, contact information and other content, solely for your individual or internal business use; provided, that you do not: (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any content, or (b) accept any consideration in exchange for any content, or for services provided using any content (including correctional health care services) to any third party.  The entire content of the CHM Website, including any images or text, is copyrighted and may not be distributed, modified, reused, reposted, or otherwise used except as provided herein without the express written permission of CHM. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.
 
Your Privacy. CHM is committed to the protection of your privacy, and will treat all of the information you provide through the CHM Website, including your application information, with the utmost respect. CHM works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. CHM will not sell or disclose personally identifiable information about you to unaffiliated third parties except as required as part of the employment process.  You acknowledge that despite reasonable security precautions, any communication or material you transmit to CHM via the CHM Website or Internet electronic mail may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to CHM. For that reason, do not use email to communicate information to us that you consider confidential. Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with CHM’s Privacy Statement.
 
NO LIABILITY FOR DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL CHM, ITS SUBSIDIARIES, PARENT COMPANIES, AGENTS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE WITH RESPECT TO THIS AGREEMENT, THE CHM WEBSITE, ANY CONTENT OR ANY SERVICE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF CHM, ITS SUBSIDIARIES, PARENT COMPANIES, AGENTS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
 
AGGREGATE LIABILITY. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CHM, ITS SUBSIDIARIES, PARENT COMPANIES, AGENTS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, THE CHM WEBSITE, ALL CONTENT AND ALL SERVICES EXCEED AN AMOUNT EQUAL TO ONE HUNDRED UNITED STATES DOLLARS.
 
Jurisdiction. This Agreement will be governed by the laws of the State of Colorado, without regard to its rules of conflict of laws. The state and federal courts located in Denver County, Colorado, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, the CHM Website or any content. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. Each party will and hereby does knowingly and voluntarily waive any right to a trial by jury in any case or controversy arising from or relating to this Agreement.
 
Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party.
 
Force Majeure. CHM its subsidiaries, parent companies, agents, or assigns, or any of their respective partners, employees, vendors or agents will not be deemed to be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other, failure to perform by any supplier or other third party, or any other cause beyond the reasonable control of the CHM.
 
Waiver. CHM its subsidiaries, parent companies, agents, or assigns, or any of their respective partners, employees, vendors or agents will not be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
 
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect. 
 
Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.
 
 
 

“CHM - the total inmate healthcare solution.”