Terms and Conditions

Effective February, 2011

Thank you for visiting our website (referred to herein as the “Site”). The Site is operated by or for AHI of Indiana, Inc. (“AHI,” “we,” “our,” or “us”). Use of the Site and its services is offered to you only if you accept these Terms of Use. These Terms of Use set forth the legally binding terms for your use of the Site. Please read the following Terms of Use carefully and print and save this document, and any linked documents, for future reference.

By using the Site, you signify your agreement to all of the terms set forth herein. Please also read our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. If you do not agree with the terms and conditions set forth herein, you should exit the Site immediately.

This agreement includes AHI’s policy for acceptable use of the Site and describes your rights, obligations and restrictions regarding your use of the Site. In order to participate in certain services on the Site, you may have to download software or content and/or agree to additional terms and conditions.

AHI may modify these Terms of Use from time to time and such modification shall be effective upon posting on the Site by AHI. You agree to be bound to any changes to the Terms of Use when you use the Site after any such modification is posted. Please review the posted Terms of Use regularly to ensure you are updated as to any changes.
ELIGIBILITY: Children under the age of 13 are not authorized to use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms of Use.

GENERAL USE: The Site provides information about AHI’s fall risk prevention tools, including the UPRIGHT® Fall Prevention Program and the Hendrich II Fall Risk Model™. The Site may not be used for any other purpose. By using the Site, you agree not to use it for any unlawful or prohibited purpose, including but not limited to:

  • accessing or attempting to access the Site or information related to the Site by means other than through the interfaces explicitly provided by AHI;
  • using the Site or related materials, directly or indirectly, to develop or enhance any competing site, product or service;
  • collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other unauthorized purposes;
  • circumventing or attempting to circumvent any security measures or functionality of the Site;
  • violating the legal rights (including intellectual property rights and privacy rights) of AHI or others;
  • impersonating or misrepresenting in any way an affiliation with a person or entity; and
  • misrepresenting that any content transmitted by you is endorsed or approved by AHI.

Any unauthorized use of the Site is strictly prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.

If you become aware of misuse of the Site by any person, please contact us directly at info@uprightfallprevention.com.

AHI makes no claims that information on or provided via the Site is appropriate or may be used or accessed outside of the United States. If you access or use the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. By providing us with your information when you are outside the United States, you acknowledge your consent to the transfer of that information outside your resident jurisdiction. If you do not consent to such transfer, or if it is illegal in your area, you may not use the Site.

Despite the best efforts of AHI to provide accurate information, it is not possible to completely ensure that information on this Site is correct at all times. AHI assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Site.

LICENSE TO USE: For the limited purpose of your lawful and authorized use of the Site, AHI grants you a limited, revocable, personal and non-transferable license to use the Site for private viewing and in accordance with these Terms of Use, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of material protected by intellectual property laws is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of AHI’s proprietary material is expressly prohibited.

PASSWORDS: To utilize certain features on the Site, you may be provided with a user account and a password. You are fully responsible for all use of your account and for any actions that take place using that account. You are solely responsible for maintaining the confidentiality of your password, and should not disclose that password to any third party. You must notify us immediately if you suspect that another person is using your name and/or password to access and/or use the Site, or if you suspect any unauthorized use of your account or access to your password.

INFORMATION YOU PROVIDE: You represent and warrant that any information you provide to the Site is accurate and truthful and that you will update such information as necessary to maintain its accuracy and truthfulness. You are solely responsible for any and all information you provide via the Site. You further represent and warrant that any information you provide does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party.

Please carefully consider any information you transmit to the Site. By posting content to the Site, you grant to AHI a non-exclusive, irrevocable, royalty-free, transferable, perpetual license to use and publish such content throughout the world in any manner or medium. You may not post any material to the Site that is offensive, threatening or violates any third party intellectual property rights (including copyright, trademark and right of publicity rights).

We reserve the right, in our sole discretion, to modify, review, reject, or remove any content, or to suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. However, AHI is under no obligation to monitor or modify the content of the Site and assumes no responsibility for any inappropriate content or conduct that is posted or occurs on the Site. We do not control or endorse any content posted on the Site by third parties, and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Site.

AHI assumes no responsibility for inaccurate information provided by you or other users.

INTELLECTUAL PROPERTY: All Site design, text, graphics, logos, icons, the selection and arrangement of these elements, and all software and content posted on the Site are the property of AHI or its licensors or suppliers, and are protected by U.S. and international intellectual property laws, including, but not limited to, copyright, patent and trademark laws. Any suggestions you offer regarding improvement of the Site are a “work made for hire” under United States copyright law. If, for any reason, such suggestions or customizations are excluded from the definition of a “work made for hire” under such copyright laws, then you hereby irrevocably assign, transfer and convey to AHI without further consideration all rights, title and interests in and to such suggestions and improvements, including any and all copyright and other intellectual property rights therein. You shall, at no cost to AHI, execute any documents that we deem necessary to aid in securing intellectual property protection in and to such suggestions and improvements.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to AHI or any other person or entity without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of AHI to terminate access to any user of the Site who repeatedly infringes the intellectual property rights of others, upon receipt of proper notification to AHI by the copyright owner or the copyright owner’s legal agent.

If you believe that your proprietary work has been copied and/or posted on the Site in a way that constitutes copyright infringement, please contact our copyright agent at info@uprightfallprevention.com or P.O. Box 5036, Clayton, Missouri 63105, with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
LINKS: Any links on the Site are provided only as a convenience, and AHI does not endorse any third party sites, unless explicitly stated. AHI is not responsible for the contents of any third party sites, or the links within them. You are solely responsible for abiding by the terms of use of any third party site. We are not responsible for transmissions you receive from third party websites or for their failure to work properly.

MODIFICATIONS TO SITE AND SERVICES: AHI reserves the right to modify, suspend, delay or discontinue, temporarily or permanently, this Site (or any part thereof) or any of its products or services, with or without notice. You agree that AHI shall not be liable to you or to any third party for any modification, suspension, delay or discontinuance of this Site or any of its products or services.

GENERAL DISCLAIMER: AHI is not responsible for any incorrect or inaccurate submissions or postings on the Site, whether caused by AHI, other users of the Site or by any of the equipment or programming used in or associated with the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. AHI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or high traffic on the Internet or any combination thereof, or any other circumstance beyond AHI’s control, including any injury or damage to your or to any person’s device or equipment related to or resulting from use of or downloading materials in connection with the Site.

The Site and related services are provided AS-IS and, to the fullest extent permitted by law, WITHOUT WARRANTIES OF ANY KIND, either express or implied. This means, without limitation, that AHI DOES NOT WARRANT that the Site is fit for any particular purpose; that the content of the Site is non-infringing; that the services available via the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses or other harmful components; or that the information and content of the Site are accurate, error-free, secure or reliable. You acknowledge that AHI and its affiliates, together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

LIMITATION OF LIABILITY: YOU ACKNOWLEDGE THAT AHI IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM YOUR USE OR FROM YOUR INABILITY TO USE THE SITE. THIS LIMITATION APPLIES TO ALL POTENTIAL CLAIMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL AHI’S TOTAL LIABILITY UNDER THESE TERMS OF USE EXCEED THE AMOUNT AHI HAS BEEN PAID BY YOU FOR SERVICES RENDERED ON THE SITE.

INDEMNIFICATION: You hereby agree to indemnify and hold AHI, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

GENERAL: Your access to this Site is governed by all applicable federal, state and local laws, including but not limited to the laws of obscenity, the right of privacy, fraud, and intellectual property. These Terms of Use and our relationship are governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the state and federal courts in the State of Indiana, in all disputes arising out of or relating to these Terms of Use and/or the use of the Site. Use is unauthorized in any jurisdiction that does not give effect to these Terms of Use, including this paragraph. No joint venture, employment, or other legal relationship exists between you and AHI as a result of these Terms or Use or your use of the Site. If any of these terms is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Unless otherwise specified and acknowledged by us in these Terms of Use, this is the entire agreement between you and AHI with respect to the Site. These Terms of Use supersede all prior or contemporaneous communications between you and AHI concerning any matters set forth herein. A printed version of these Terms of Use and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents originally in printed form. Please contact us at info@ahiofindiana.com with any questions regarding these Terms of Use.

BY USING THIS SITE, I ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF USE IN THEIR ENTIRETY, AND THAT I UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.