About Us Joerns Connexio™ Care Settings Resources Contact Us Get JoernsNOW™ MyJHC.com Login Terms of Use Agreement to Terms of Usage (“Agreement”) as prerequisite to using the Website of Joerns Healthcare, LLC (“Joerns Healthcare”) Welcome to Joerns Healthcare’s website. By accessing and using this website you agree to be bound by the following terms of usage, including but not limited to Joerns Healthcare’s disclaimer of all warranties, including implied warranties of merchantability and fitness for a particular purpose. If you do not agree to the following terms of usage, you are not permitted to use Joerns Healthcare’s website or any of the content, services, images, graphics, products or representations available on or accessible through Joerns Healthcare’s website. If you violate any of terms of this Agreement, Joerns Healthcare may terminate your use of this site, bar you from future use of this site, and/or take the appropriate legal action against you. ELECTRONIC COMMUNICATION NOTICE All communications you send to Joerns Healthcare’s website by electronic mail are on a non-confidential basis, and Joerns Healthcare is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. Joerns Healthcare shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or services. The sender of any communication to Joerns Healthcareâ€™s website shall be responsible for the content and information contained therein, including its truthfulness and accuracy. Joerns Healthcare urges you not to submit Protected Health Information concerning you or others (“PHI”), as defined in the Health Information Portability and Accountability Act and implementing regulations and rules, as amended (“HIPAA”), to public portions of the Joerns Healthcare website. COPYRIGHT NOTICE All original content on the Joerns Healthcare website, including but not limited to words, images and sounds, are © 2011 Joerns Healthcare Services, Inc. All rights reserved. You may not reproduce, copy, download, or distribute any of the content of this site without first obtaining Joerns Healthcare’s express written permission. Violations of Joerns Healthcare’s copyrights may result in severe civil and criminal penalties. TRADEMARK NOTICE Trademarks of any kind, including both registered and common law trademarks, appearing on Joerns Healthcare’s website, or any links or information connected to the Joerns Healthcare website, including but not limited to, JOERNS HEALTHCARE,Dolphin® Fluid Immersion Simulation, or any other marks, are the property of their respective owners and may not be reproduced without their owners’ express written permission. The design and layout of Joerns Healthcare’s website is protected as trade dress and may not be copied or imitated in whole or in part. Violations of Joerns Healthcare’s trademark rights may result in severe civil and criminal penalties. PERMISSIBLE USES OF WEBSITE MATERIALS Joerns Healthcare’s website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from Joerns Healthcare’s website. DISCLAIMER OF ALL EXPRESS AND IMPLIED WARRANTIES Joerns Healthcare does not make any representation about the accuracy or suitability of any information, representation, image, graphic, content, product or service contained on or accessible through this website; all information, representations, images, graphics, content, product and services are provided “AS IS” and without any warranty of any kind. WITH REGARD TO ALL INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE, JOERNS HEALTHCARE HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY FOR DAMAGES JOERNS HEALTHCARE IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF, AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE; JOERNS HEALTHCARE IS NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED JOERNS HEALTHCARE OF THE POSSIBILITY OF SUCH DAMAGES. DISCLAIMER OF RESPONSIBILITY FOR ERRORS AND OMISSIONS IN WEBSITE MATERIALS This website may include technical inaccuracies or typographical errors. Joerns Healthcare does not warrant the accuracy of any of the information, content, services, images, graphics, products, or representations appearing on this website. DISCLAIMER OF RESPONSIBILITY FOR MATERIAL POSTED AT OTHER “LINKED” SITES There are links on Joerns Healthcare’s website that allow you to leave this website and to visit other websites that are not under Joerns Healthcare’s control or direction. Accordingly, Joerns Healthcare is not and cannot be held liable or responsible for the content, services, images, graphics, products, or representations of any linked website. Joerns Healthcare cannot and does not guarantee, represent or warrant that the content contained in those linked websites is accurate, legal and inoffensive, or that those sites do not contain viruses or will not otherwise adversely affect your computer. Joerns Healthcare provides links to these other websites solely as a convenience to you. Joerns Healthcare’s inclusion of any link does not imply Joerns Healthcare’s sponsorship, endorsement, affiliation, or approval of the linked website. REQUIREMENT OF INDEMNIFICATION FOR DAMAGE CAUSED BY WEBSITE VISITORS As a condition of your use of Joerns Healthcare’s website, you warrant to Joerns Healthcare that you will not use its site for unlawful purposes or in ways that are prohibited by these terms of usage or that could damage or disable the site or interfere with any other party’s use and enjoyment of this site. You agree to indemnify and hold Joerns Healthcare and its officers, agents and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of Joerns Healthcare’s site. JOERNS HEALTHCARE’S RIGHT TO MODIFY THE CONTENT AND RULES Joerns Healthcare reserves the right to make changes at any time, with or without notice, to this Agreement and to this website and to the information, representations, images, graphics, content, products and services contained on or accessible through this website. These changes are effective immediately upon posting on Joerns Healthcare’s Website. Please check this page periodically so that you become aware of any changes. JURISDICTION Joerns Healthcare controls and operates this site from its offices in Charlotte, North Carolina. Any dispute regarding this Agreement or the content, services, images, graphics, products or representations provided on or through this website is to be governed by the substantive internal law of the Commonwealth of North Carolina. In the event of a dispute arising out of or relating to this Agreement or to the content, services, images, graphics, products or representations provided on or through this website, litigation must brought in state or federal court in Charlotte, North Carolina. SEVERABILITY OF PROVISIONS The provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions. If any provision of this Agreement is invalid or unenforceable, (1) a suitable and equitable provision shall be substituted in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (2) the remainder of this Agreement and the application of such provision to other persons, entities or circumstances shall not be affected by such invalidity or unenforceability of such provision, or the application thereof, in any other jurisdiction. A printed version of this Agreement shall be admissible in any proceeding 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. Agreement to Terms and Conditions of Product Sales and Use (“Agreement”) By signing any agreement with Joerns Healthcare or by accepting, using, or paying for any Joerns Healthcare products or services, you agree to be bound by the following terms of usage, including but not limited to Joerns Healthcare’s disclaimer of all warranties, including implied warranties of merchantability and fitness for a particular purpose. Unless expressly superseded by contract, you may not enter into an agreement with Joerns Healthcare nor may you use any of Joerns Healthcare’s products or services without agreeing to the following terms of use. A principal entity or individual will be bound by the agreement of its agent, whether said agent has actual or apparent authority to act on behalf of the principal. The use of the word “Customer” below shall be interpreted to incorporate the patient for whom the Joerns Healthcare equipment is being delivered as well as any entity to which Joerns Healthcare delivers equipment for either rental or sale. ABBREVIATED TERMS AND CONDITIONS OF PRODUCT SALE AND USE (PLEASE SEE LINK FOR COMPLETE TERMS AND CONDITIONS OF SALE AND USE) Customer agrees that Customer shall not perform or allow any maintenance, servicing, modifications, repairs, improvements or alterations to be made to Joerns Healthcare equipment other than by Joerns Healthcare. Customer shall be responsible for infection control procedures while the Joerns Healthcare equipment is in Customer’s physical possession. Customer agrees to follow and practice all safety measures, maintenance requirements, and proper use instructions with the equipment and ensure that the electrical supply is grounded and of appropriate amperage. Joerns Healthcare is not responsible for patient care plans, admission and discharge criteria, patient education, patient records, or related matters. These items are exclusively the responsibility of the patient’s treating physician or the facility providing treatment to the patient. Joerns Healthcare shall be responsible solely for the delivery, maintenance, and pick-up of Joerns Healthcare equipment. Customer shall use and operate the equipment in a careful and proper manner and shall not permit untrained personnel to use or operate the equipment in any manner that is inconsistent with applicable standards in the industry or inconsistent with the instructions provided by Joerns Healthcare. Customer will not redistribute Joerns Healthcare equipment without prior written consent of Joerns Healthcare’s corporate office. All rented Joerns Healthcare equipment at all times remains the sole property of Joerns Healthcare. Joerns Healthcare is not responsible for damages or liabilities due to improper use of Joerns Healthcare equipment. Joerns Healthcare is not responsible for damages or liabilities due to failure to use side rails and/or lock casters. Joerns Healthcare is not responsible for damages or liabilities associated with theft, destruction, improper care, improper handling, or other negligence. WARRANTIES: Joerns Healthcare shall pass on all manufacturer warranties for all Joerns Healthcare equipment that is rented or sold. The foregoing warranties and disclaimers thereof, are in lieu of any and all other warranties and representations whatsoever. In particular, without limiting the generality of the foregoing, it is expressly understood and agreed that JOERNS HEALTHCARE MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOR ANY OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO JOERNS HEALTHCARE EQUIPMENT OR PRODUCTS OR ANY COMPONENT, QUALITY, OR CHARACTERISTIC THEREOF, OR ANY SERVICES PROVIDED BY JOERNS HEALTHCARE. IN NO EVENT SHALL JOERNS HEALTHCARE OR ANY OF ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES BE OR BECOME LIABLE FOR ANY SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF, AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCTS, AND/OR SERVICES ASSOCIATED WITH JOERNS HEALTHCARE EQUIPMENT. JOERNS HEALTHCARE IS NOT LIABLE FOR THESE DAMAGES WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER JOERNS HEALTHCARE WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGES. Joerns Healthcare does not make any representation about the accuracy or suitability of any information, representation, image, graphic, content, product or service associated with Joerns Healthcare equipment. All information, representations, images, graphics, content, products and services associated with Joerns Healthcare equipment are provided “AS IS” and without any warranty of any kind. WITH REGARD TO ALL INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCTS AND SERVICES ASSOCIATED WITH JOERNS HEALTHCARE EQUIPMENT, JOERNS HEALTHCARE HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOERNS HEALTHCARE IS NOT LIABLE FOR ANY SPECIAL, DIRECT OR INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE VIEWING OF, USAGE OF, AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCTS, AND/OR SERVICES ASSOCIATED WITH JOERNS HEALTHCARE EQUIPMENT. Joerns Healthcare is not liable for these damages whether an action is brought in tort or contract and regardless of whether Joerns Healthcare was warned of the possibility of such damages. Joerns Healthcare is not responsible for obtaining all necessary releases from patients/ guardians in order to allow authorized Joerns Healthcare representatives access to medical information necessary to supply equipment to patients. 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