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  • TERMS OF USE FOR THIS WEBSITE

    IMPORTANT—PLEASE READ CAREFULLY:

    Kindred provides this website to you subject to these terms and conditions. By accessing or using Kindred’s website (the “Website”), you agree to be bound by these Terms of Use without limitation or qualification. You represent and warrant to Kindred that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement. IF YOU DO NOT AGREE TO OR ARE NOT LEGALLY ABLE TO AGREE TO BE BOUND TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.

    Kindred may amend, change or update these Terms of Use from time to time and without prior notice to you. The most current version is posted on KindredHealthcare.com. Your continued access or use of the Website shall constitute your agreement to any changes to these Terms of Use. Kindred may modify, suspend, discontinue, or restrict the use of any portion of the Website, including the availability of any portion of the content of the Website, at any time, without notice or liability.

    These Terms of Use, together with any additional privacy notices or usage guidelines posted on or through this Website, constitute the entire agreement and understanding of the parties relating to the Website.

    Permitted Use

    Kindred grants you access to and use of the Website only for its permitted purposes and not for commercial reproduction, distribution, publication, or any other activity in contravention of these Terms of Use, applicable law, or Kindred’s or any third party’s rights. You may not copy, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, lease, perform, display, transmit, create derivate works, translate, circumvent any anti-piracy technology, or otherwise alter or attempt to discover the source code, object code, or other portion of the Website.

    By accessing and/or using the Website, you agree not to: (i) use the Website other than as allowed by applicable law; (ii) upload to or transmit through the Website any libelous, threatening, defamatory, obscene, indecent, pornographic, infringing, harassing, or other objectionable material, nor any material which would otherwise give rise to any civil or criminal liability under U.S., federal, state, local or international law, nor any material which includes bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; and/or (iii) use the Website in any way that shall impair the functioning or operation of the Website or related equipment, as determined by Kindred in its sole discretion.

    No confidential relationship or obligations shall be established between you and Kindred through any submission to or through the Website by you. Any such submission shall be considered non-confidential and shall be the sole and exclusive property of Kindred. Kindred shall have no obligations to you in connection with such submission. You understand and agree that any material you post to the Website may be used by Kindred for its marketing or promotional purposes, and you grant Kindred permission to use your name and/or likeness in connection therewith.

    Your Obligations

    DO NOT PROVIDE ANY CONFIDENTIAL, PERSONAL INFORMATION, OR PROTECTED HEALTH INFORMATION, AS THOSE TERMS ARE DEFINED BY STATE OR FEDERAL LAW, TO THIS WEBSITE. You may be permitted to provide, post, release, transmit, or submit various types of data, content, or information in connection with, to, or through the Website (“User Material”). Any User Material is and will be treated as non-confidential and non-proprietary. Furthermore, you warrant and agree that such information is non-confidential and non-proprietary and does not comprise personal information or protected health information as those terms are defined by state or federal law. Any User Material may be used by Kindred for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, commercialization, and posting. Furthermore, Kindred is free to use any ideas, expression, concepts, know-how, or techniques contained in any User Material for any purpose whatsoever.

    You understand that you are the sole person responsible for any and all User Material, including, but not limited to, all information, data, text, questions, comments, suggestions, software, music, sound, photographs, graphics, video, audio, messages, or other material. You warrant and agree that you will NOT:

    • i. Post or transmit any unlawful, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, or profane materials, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or contractual obligation;
    • ii. Disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
    • iii. Post or transmit any personal information (including but not limited to Social Security Numbers) or protected health information;
    • iv. Export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
    • v. Collect or store personal information about other users;
    • vi. Stalk or harass another;
    • vii. Use this Website in any manner that could impair the server or could in any way interfere with other users’ enjoyment of this site;
    • viii. Use this Website to disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
    • ix. Manipulate or forge information to disguise the origin of information posted on this Website;
    • x. Post, provide, transmit, or otherwise make available any junk mail or spam;
    • xi. Attempt to access any unauthorized account, computer, or other network connected to the Kindred server through any means;
    • xii. Override or circumvent any of the protections or usage rules embedded into the Website;
    • xiii. Use the Website as an “open relay” or for similar purposes;
    • xiv. Engage in any conduct that is harmful to minors in any way;
    • xv. Take information or content from the Website, including but not limited to any member or individual information such as names, email addresses, contact information, or personalized information, for use for any purpose; or
    • xvi. Engage in any other activity deemed by Kindred to be in conflict with the spirit or intent of these Terms of Use.

    In the event you provide any User Material, you represent and warrant that the User Material is your original creation and that you are the rightful copyright owner of such information, or that you have adequate permission from the rightful copyright owner, and that the use of such material is otherwise permitted by these Terms of Use. By posting any User Material on this Website or submitting any User Material to Kindred via this Website, you hereby expressly grant Kindred a royalty-free, world-wide, non-exclusive license to use, copy, edit, distribute, translate, publicly perform, commercialize, and sublicense such User Material as well as your name and likeness as used in connection with such User Material for any purpose.

    You may be held legally responsible for copyright infringement, defamation, or invasion of privacy (among other causes of action), as well as for any damages arising out of legal actions resulting from User Material.

    Although Kindred is under no obligation to monitor any User Material, Kindred specifically reserves the right to remove any such User Material at its sole discretion and without notice.

    Indemnity

    You agree to indemnify and hold Kindred, its parent, subsidiaries and affiliates, agents, officers, directors, employees, or insurers harmless from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from User Material, your use of this Website, your connection to this Website, your violation of these Terms of Use, or your violation of any rights of another.

    Copyright

    This Website is protected by copyright laws, and any unauthorized access to or use of the Website or any portion thereof may violate such laws.

    All content, software, HTML, source code, object code, and any other code, associated media, print media, online or electronic documentation, data, and script forming a part of the Website and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Website are the sole and exclusive property of Kindred or its licensors. You shall not challenge the intellectual property rights associated with the foregoing or do anything that might impair or damage those rights.

    You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of Kindred or any of the goodwill associated with any of the foregoing.

    You shall not reproduce, edit, modify, adapt, or distribute the foregoing for any purpose whatsoever in violation of existing intellectual property rights. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in, or as part of the Website.

    Please send any notices, questions, comments, or concerns regarding this Website, including any notifications of claimed copyright infringement, to:

    Kindred Healthcare, Inc.
    680 South 4th Street
    Louisville, KY 40202-2407
    Attn: General Counsel

    Links To Other Internet Sites; Links to this Website

    Links to Internet sites owned, operated, or maintained by third parties not under Kindred’s control may be available through the Website. These links are provided for your convenience of reference only. Such links are not and shall not be deemed to be Kindred’s endorsement of the organization or individual associated with the linked site. Such links do not signify any endorsement by, sponsorship by, or association with the organization or individual associated with the linked site. Kindred is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Website. You assume sole responsibility and liability for your use of such linked sites. Links to other Internet sites owned, operated, or maintained by Kindred may be available through the Website. Your use and access of such linked sites may be subject to separate terms of use or other agreements.

    You must obtain Kindred’s prior written consent before placing, displaying, or otherwise providing any link(s) to this Website.

    Disclaimer

    THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KINDRED DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. KINDRED DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY CAN BE GIVEN THAT THE DATA IS CURRENT. Kindred does not guarantee the accuracy, completeness, efficacy, reliability, or veracity of the Website. Kindred makes NO WARRANTY as to the security of the Website. Kindred neither warrants nor represents that your use of the Website is legal under all applicable laws and regulations or will not infringe rights of third parties not owned by or affiliated with Kindred.

    The Website is intended as a convenience and reference for you and is not professional medical, pharmaceutical, nursing, or insurance advice, diagnosis, treatment, services, or recommendations, nor a substitute, supplement, or replacement therefor. Nothing available on or through the Website is intended to be, and must not be taken to be, the practice of medical care or determination. Kindred makes NO representation, warranty, or guarantee as to any determination of benefits, coverage, costs or charges, authorizations, etc. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, therapeutic, pharmaceutical, nursing, and insurance and benefits coverage matters. USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. Kindred assumes no responsibility for consequences resulting from the use of the Website.

    No advice or information obtained by you, whether written or oral, from Kindred shall create any warranty whether express or implied.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT KINDRED AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND/OR TRUSTEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KINDRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO LOSSES OR DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE; (iv) RELEASE OR DISCLOSURE OF DATA; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. THIS LIMITATION OF LIABILITY APPLIES WITHOUT LIMITATION TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

    If at any time you are dissatisfied with the Website, do not agree with any portion of these Terms of Use, or have any other claim against Kindred relating to either these Terms of Use or the Website, then your sole, exclusive remedy is to discontinue using the Website.

    Governing Law and Jurisdiction; Limit on Commencing Actions; General Information

    These Terms of Use are governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Jefferson County, Kentucky, U.S.A. in all disputes arising out of or relating to these Terms of Use and/or access or use of the Website. You must commence any cause of action or claim against Kindred concerning this Website within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.

    If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Kindred regarding this Website. The failure of Kindred to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision.

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