Terms and Conditions
THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, CONSEQUENTLY, NIGHTINGALE PRIVATE CARE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM KIMBRA FOUNDATION THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.
Limitation of Liability
Nightingale Private Care and/or any other party involved in the creating, producing or delivering this website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.
Nightingale Private Care and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, Nightingale Private Care shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Although Nightingale Private Care may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Nighitngale Private Care is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.
To the maximum extent permitted by applicable law, you expressly waive all claims against Nightingale Private Care, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.
You are prohibited from doing any act that Nightingale Private Care in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals
Using this website to defame or libel Nightingale Private Care, its employees or other individuals or acting in such a way that brings into disrepute the good name of Nightingale Private Care;
Uploading files that contain viruses that may cause damage to the property of Nightingale Private Care or the property of other individuals; and
Posting or transmitting to this website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Nightingale Private Care's or any third party´s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane or is otherwise unlawful.
If Nightingale Private Care permits or makes available to you the ability to: (a) upload content to the website via your mobile telephone and/or tablet ('mobile device"), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively "Mobile Services"), your mobile carrier's standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Nightingale Private Care does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from Nightingale Private Care via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may "opt out" of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
Jurisdiction and governing law
You and Nightingale Private Care agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Florida, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of Martin County, State of Florida, United States of America.
Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.