HCBS Final rule tools operates this Website (“Site”) to provide online access to Home and Community-Based Services (HCBS) Final Rule settings criteria tools which are the goods, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular goods or services are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, goods or services. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.
HCBS Final Rule Tools reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your Agreement to follow and be bound by the Agreement as modified. The Terms of Use are set forth below.
Disclaimer – USE OF SITE
You may use the Service, the Site, and the information, software, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Materials”) to learn about or use HCBS Final Rule Tools products and services. No right, title or interest in any Materials is transferred to you, whether as a result of downloading such Materials or otherwise. HCBS Final Rule Tools reserves complete title and full intellectual property rights in all Materials. Except as expressly authorized by this Agreement, or separate agreements for services that you may enter into with HCBS Final Rule Tools, you may not use, alter, copy, distribute, transmit, or derive another work from any Materials obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
DISCLAIMER OF WARRANTIES
All materials posted on this site are “as is” and “as available” and without warranties express or implied. HCBS Final Rule Tools disclaims all warranties including the implied warranty of merchantability and fitness for a particular purpose. HCBS Final Rule Tools does not warrant that functions contained on this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server are free of viruses or other harmful components. HCBS Final Rule Tools does not warrant or represent the use of the materials on this site in terms of their correctness, accuracy, reliability, or otherwise. You agree that HCBS Final Rule Tools and its affiliates will not be liable for any consequential, incidental, special, or indirect damage (including lost profits) related to the site or its materials including but not limited to damages that result from inconvenience, delay or loss of the use of the site even if HCBS Final Rule Tools has been advised of the possibility of such damages. You further agree that HCBS Final Rule Tools and its affiliates will not be liable for any losses resulting from a cause over which HCBS Final Rule Tools or its affiliates does not have direct control, including but not limited to the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (e.g. if you are unable to access the HCBS Final Rule Tools site through your on-line service provider), unauthorized access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labor problems. HCBS Final Rule Tools offers you on-line services but should a user experience any problems in reaching HCBS Final Rule Tools through any particular method, the user may use alternate methods to communicate with HCBS Final Rule Tools. Although HCBS Final Rule Tools will endeavor to keep its users informed about changes, you understand that HCBS Final Rule Tools may modify or replace this Site or information on it at any time. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen.
ACCESS and USE of INFORMATION
Access and Use of Information to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by HCBS Final Rule Tools at this Site. Any access or attempt to access other areas of the HCBS Final Rule Tools computer system or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this Site other than in connection with the procurement of products and services provided by HCBS Final Rule Tools. Any intentional damage or intentional interruption of HCBS Final Rule Tools computer system as well as computer resources and/or system service, carrying on of personal business or illegal activities will be cause for termination of this Agreement. You agree to hold HCBS Final Rule Tools harmless for damages and losses incurred as a result of misuse of this Site by you.
General provisions
Entire agreement/no waiver.
These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by HCBS Final Rule Tools of any breach or default here under shall be deemed to be a waiver of any preceding or subsequent breach or default.
Updates, correction of errors, and inaccuracies.
The site or materials may contain typographical errors or other errors or inaccuracies and may not be complete or current. HCBS Final Rule Tools therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update this site or materials at any time without prior notice. HCBS Final Rule Tools does not, however, guarantee that any errors, inaccuracies or omissions will be updated or corrected.
Governing law use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. HCBS Final Rule Tools has endeavored to comply with all legal requirements known to it in creating and maintaining this site. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. If any part of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this agreement, all of which will remain in full force and effect. Any and all disputes relating to this agreement, HCBS Final Rule Tools privacy policy, your use of the site or the materials are governed by, and will be interpreted in accordance with, the laws of the state of California, without regard to any conflict of laws’ provisions and you hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations sitting in California, USA in all such disputes. The provisions of the Uniform Commercial Code as adopted by the State of California and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.