Terms and Conditions

    (Date of Last Revision: June 19, 2017)

    The website ensocare.com, (hereinafter "the Site") is owned and operated by Twilightliving.com, Inc., a Nebraska corporation d/b/a Ensocare (“Ensocare,” “we,” or “us”).  The Site provides information regarding joining Ensocare’s network of post-acute healthcare providers, a log-in for updating information for those post-acute healthcare providers in Ensocare’s network, the benefits a hospital or medical center can obtain by using Ensocare’s network of post-acute healthcare providers, and how to obtain the services Ensocare’s network of post-acute healthcare providers (the “Services”).
     
    The Terms and Conditions of Use Agreement ("Terms of Use") and the Privacy Policy constitute a binding agreement between you and Ensocare.  Please read carefully through all sections of these Terms of Use.  Your access to and use of the Site is subject to these Terms of Use and all applicable laws.  By registering with, creating an account, accessing and/or otherwise using the Site, or otherwise submitting your contact information to receive more information from us through the Site, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, then you may not use the Site.  These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site.  Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy.

    User Registration  
    You may be required to register in order to subscribe to access certain features of the Site.  If so, you will choose or be assigned a user name and a password through the Site’s registration process.  You are responsible for keeping your user name and password confidential.  You are responsible for all activities and purchases (whether by you or by others) that occur under your password and account.  You agree to notify us immediately of any unauthorized uses of your account or any other breach of security.  Ensocare cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.

    By registering for an account on the Site, you assert that your information is true and accurate to the best of your knowledge.  You agree not to submit false information such as name, address, state or country of residence, email, social media addresses, and/or telephone number when registering on the Site.  By registering with the Site, you consent to receive periodic communication from Ensocare and its affiliates, employees, agents, representatives and any third party service provider of Ensocare regarding your inquiry and/or obtaining the Services.  For more information in how Ensocare may use the information you provide during registration or otherwise provide to Ensocare, please see the Privacy Policy.

    Proprietary Rights
    You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Ensocare’s, its licensors’s, or the Site’s other user’s intellectual property rights.  You may not copy or post any content of the Site in any other public forum without the written consent of Ensocare or the respective owner, including public forums such as other website, web services, or print publications.  Ensocare or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.  

    Your Communications to the Site
    Except to the extent your content or communications to Ensocare include Personal Data (defined in the Privacy Policy), by forwarding any content or communications to Ensocare through the Site or by other electronic means, you thereby grant Ensocare a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services.   No compensation will be paid to you with respect to Ensocare’s or its sublicensees' use of your communications.   Ensocare is under no obligation to post or use any content and communications you may provide and may remove any content or communication from a forum at any time in Ensocare’s sole discretion.  By posting, uploading, inputting, providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and communications and grant the license above.

    Prohibited Activities
    The following activities are expressly prohibited from the Site:

    • Posting any information that is intended to convey any medical advice or medical treatment information, questions, or concerns related to the care or diagnosis of a person to Ensocare or its staff on the Site.  All physical or medical information, questions, or concerns should be made by directly contacting your physician or qualified health professionals.
    • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
    • Posting false, misleading, or fraudulent statements or content.
    • Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
    • Creating a username that contains offensive content.  Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
    • Engaging in activity that is unauthorized advertisement or promotions, including unauthorized solicitation of users of the Site.
    • Collecting personal information of other users of the Site without that user’s consent.
    • Engaging in activity that compromises the Site.  Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
    • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
    • Framing or deep linking into the Site.
    • Accessing the Site by means of automated process, spiders, bots or similar device.


    Federal and State Laws  
    When using the Site, on the Site, or when using any other media provided by Ensocare, you must obey all applicable federal, state and local laws.  The Site is operated from the United States.  

    Medical Disclaimer
    YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY.  THE INFORMATION CONTAINED ON THE SITE IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS.  

    THE SITE IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY.  IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION.  DO NOT RELY ON THE SITE OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.

    Disclaimer of Warranties
    EXCEPT AS OTHERWISE PROVIDED HEREIN, THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE, INCLUDING THE DIRECTORY LISTINGS AND OTHER USERS OF THE SERVICES.  ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS (INCLUDING ALL POST-ACUTE HEALTHCARE PROVIDERS IN THE ENSOCARE NETWORK) ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.   Ensocare DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

    ENSOCARE VERIFIES THE MEDICARE/MEDICAID CREDENTIALS OF POST-ACUTE HEALTHCARE PROVIDERS IN THE ENSOCARE NETWORK, BUT ENSOCARE DOES NOT VERIFY ANY OTHER CREDENTIALS OR CERTIFICATION REPRESENTATIONS MADE BY OTHER USERS OF THE SITE.  Ensocare DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

    By providing THE SERVICES on the Site, Ensocare does not in any way promise that the SERVICEs will remain available to you.  Ensocare is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.

    Limitation of Liability
    THE LIABILITY OF Ensocare and its affiliates, employees, agents, representatives and third party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100).  

    IN NO EVENT WILL Ensocare BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE OR POP-UP ADVERTISER, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Ensocare IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

    Indemnification
    You agree to indemnify, defend and hold harmless Ensocare and its affiliates, employees, agents, representatives and third party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site.  Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach the terms of these Terms of Use.  

    Third-Party Links
    The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Ensocare exercises no control.  Ensocare expressly disclaims any responsibility for the content or results from your use of such third-party website.

    Copyright Complaints
    Ensocare respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ensocare’s copyright agent with the following information.

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • Description of the copyrighted work that you claim has been infringed;
    • The location on the Site of the material that you claim is infringing;
    • Your address, telephone number and e-mail address;
    • A statement that your claim of infringement is based on a good faith belief; and
    • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Ensocare’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: ceo@ensocare.com

    Miscellaneous Provisions

    Severability.  If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.  If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

    Website Availability.   Ensocare cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions.  Although Ensocare strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and Ensocare disclaims any liability for damages resulting from such problems.

    Typographical Errors.  Information on the Site may contain technical inaccuracies or typographical errors.  We attempt to make the Site’s postings as accurate as possible, but Ensocare does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.  

    Headings.  Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

    Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Nebraska, without giving effect to the conflict of laws provisions thereof.  Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Omaha, Nebraska.

    Questions

    If you have any questions about Ensocare, the Site, our products, the Services, the Privacy Policy, or these Terms and Conditions, you may contact us at:

    Ensocare

    Privacy Officer
    13808 F St.
    Omaha, NE 68137
    Phone: 877-852-8006
    info@ensocare.com