PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
ATTORNEY ADVERTISING: Under the laws of certain states this site may be considered attorney advertising and therefore requires disclaimer. This site is operated by Legal Marketing Solutions, LLC (LMS) and sponsored by Jaeckel Law, LLC, (JL) 16 Mt Bethel Rd, Suite 301, Warren NJ 07059. Jaeckel law is licensed to practice law in New Jersey and Pennsylvania.
These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site located at www.IQNursingHomes.com ("IQNH" or the "Site") and operated by LMS, and the information and other services provided therein (the "Services"). IQNH and LMS (collectively “IQNH”) reserve the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its change or modification will constitute your acceptance of such change or modification. You should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. Any questions regarding the use of the Site, should be directed to firstname.lastname@example.org
1. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the IQNH logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of IQNH or its licensors and are protected by U.S. and international copyright laws. You are granted a limited, non-sub licensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials, (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of IQNH, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
2. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, IQNH has adopted a policy of terminating, in appropriate circumstances and at IQNH's sole discretion, subscribers or account holders who are deemed to be repeat infringers. IQNH may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
3. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Clarke Bentley
Full Address of Designated Agent to Which Notification Should be Sent: 16 Mount Bethel Road, Warren, NJ 07059
E-Mail Address of Designated Agent: email@example.com
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.
IQNH and the IQNH logo and any other product or service name or slogan contained in the Site are trademarks of IQNH and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of IQNH or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing " IQNH" or any other name, trademark or product or service name of IQNH without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of IQNH and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and IQNH names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray IQNH, any of its products and services, or any attorney, legal service provider, law firm or entity in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a IQNH logo or other proprietary graphic of IQNH to link to this Site without the express written permission of IQNH. Further, you may not use, frame or utilize framing techniques to enclose any IQNH trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without IQNH's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of IQNH or any third party.
QNH makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of IQNH and IQNH is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. IQNH provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by IQNH of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
6. No Attorney-Client Relationship
Information posted or made available on or through the Site, including without limitation any comments posted on the Site are not intended to create an attorney-client relationship between you and JL or any other law firm. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. It is not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely upon such information. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. Contact through IQNH is not an offer to represent you, nor is it intended to create an attorney-client relationship.
IQNH does not select, screen, approve, endorse or limit who can contribute to IQNH comments. In addition, although we reserve the right to review, remove or edit any content from the site, we do not routinely screen, monitor, or review the content of any such information. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such information or the qualifications of those posting information. IQNH SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK. Establishment of an attorney-client relationship must occur outside the scope of IQNH. Reporting a complaint or submitting a case evaluation does not create an attorney-client relationship and nothing contained on the Site should be considered an offer to represent you. Users should not act or refrain from acting due to information found on the Site without the guidance of a licensed attorney. Each user is solely responsible for making his, her or its own selection of counsel. Because there are time limits called “statutes of limitations” in which a lawsuit must be filed, you should consult with a licensed attorney as soon as possible. A licensed attorney can investigate your potential claim and advise you regarding any applicable deadlines.
7. Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE, THE SITE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. IQNH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. IQNH DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IQNH DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
While IQNH endeavors to provide and to allow others to provide useful information regarding legal information and the law, you acknowledge that such information is not legal advice. Such information is reliant upon third party data and contributions that there are certain inherent limitations to the accuracy or currency of such information and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. Nor is it a predictor of the outcome of a legal matter handled by an attorney. The information provided on this Site is intended to be a starting point to gather information about legal issues but you should not rely solely on such information in deciding whether to hire an attorney or how to resolve a legal matter. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any attorneys you are considering hiring. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any attorney you hire.
In addition, certain areas on the Site may contain medical information. This information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
IQNH reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any attorneys, law firms, or other legal service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by IQNH.
8. Limitation of Liability
IN NO EVENT SHALL IQNH OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, SPONSORS OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE OUTCOME OF LEGAL MATTERS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM IQNH OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IQNH’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF IQNH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO IQNH FOR ACCESS TO OR USE OF THE SITE OR IQNH SERVICES.
9. Third Party Content
IQNH or users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and IQNH may post third party content or allow users to post their content or third party content to the Site including without limitation comments (such content is collectively referred to as "Third Party Content"). IQNH does not monitor or have any control over any Third Party Content or third party Web sites. IQNH does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. IQNH does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.
10. User Posted Content & Other Interactive Services or Areas
The Site includes areas in which users may post content and information, including without limitation, messages, comments or other materials (the "User Content") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
IQNH takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is IQNH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, IQNH is not liable for any statements, representations, responses, comments or other User Content provided by its users in any Interactive Area. Although IQNH has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, IQNH reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
If you post User Content to the Site, unless we indicate otherwise, you grant IQNH and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant IQNH and its affiliates and sub licensees the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
New Jersey law (NJSA § 2A:38A-3) provides that any person who engages in the purposeful or knowing, and unauthorized accessing or attempt to access any computer, computer system or computer network may be liable for compensatory and punitive damages and the cost of the suit including a reasonable attorney's fee, costs of investigation and litigation.
You agree to defend, indemnify and hold harmless IQNH, its corporate affiliates, independent contractors, service providers, sponsors and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
12. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to agreements made and to be entirely performed within the State of New Jersey (even if your use is outside of the State of New Jersey), without resort to its conflict of law provisions. Any action which you or IQNH brings to enforce this agreement or any matters related to this Site shall be brought in either the Superior Court of the State of New Jersey, Somerset County, or in the US District Court for the District of New Jersey. You agree that that in any action arising out of or relating in any way to these Site Terms, or the breach thereof, or to the Site and/or the Services, such court shall have personal jurisdiction over the parties hereto, and that venue for such action shall be appropriate in such court.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
14. State Laws Vary
IQNH is sponsored by JL. JL is licensed to practice law in New Jersey and Pennsylvania only but we affiliate or form relationships with lawyers throughout the United States. If you submit and inquiry to the site your inquiry may be reviewed by other law firms around the country including but not limited to JL.
JL may refer prospective clients to other law firms located throughout the country, who form relationships with JL, and are experienced in handling such cases. JL may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation.
The laws of each State are different. This web site contains information about general or common rules that apply in some states. This web site may also contain information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your state or any particular state.
The Statute of Limitations is especially important. Every state has laws called the "statute of limitations" which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant's fault or the severity of the injuries, Some states have a two-year period for negligence injury claims; the time period in other states may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that suit be filed within one year of a loss. Some states allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.
15. Legal and Ethical Requirements
JL has tried to comply with all legal and ethical requirements in sponsoring this web site. We welcome comments about our compliance with the applicable rules and will update the site as warranted, upon learning of any new or different requirements. We only want to represent clients based on their review of this web site, if it complies with all legal or ethical requirements.
To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for this web site, Jaeckel Law designates its office in Warren NJ.
16. State Advertising Disclosures
Because some material on this web site constitutes lawyer advertising, and this web site may be viewed from anywhere in the United States, particular disclosures are required by the rules of some states. JL adopts and makes the following disclosures:
Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
Colorado: Colorado does not certify attorneys as specialists in any field.
Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa.
Kentucky and Oregon: THIS IS AN ADVERTISEMENT.
Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.
Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.
Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.
New Jersey: ATTORNEY ADVERTISEMENT -- NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.
New Mexico: LAWYER ADVERTISEMENT.
New York: ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.
Pennsylvania: ATTORNEY ADVERTISEMENT - NOT A REFERRAL SERVICE. Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision.
Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.
Texas: Unless otherwise stated, our attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.
Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.
17. Questions & Contact Information
Any information submitted via the Internet or e-mail through the web site is not secure and is done on a non-confidential basis. Information should not be sent to JL or any other law firm through the site. Transmissions to IQNH in part or in whole, and/or communication with IQNH via the internet or e-mail through the site does not constitute or create an attorney-client relationship between a law firm and any users. Contact through IQNH is not an offer to represent you, nor is it intended to create an attorney-client relationship.
Any questions regarding the use of the Site, should be directed to IQNH at firstname.lastname@example.org.
Copyright © 2007-2015 IQNH. All rights reserved. All materials presented on this site are copyrighted and owned by IQNH, unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.