Acceptance of Terms

THESE TERMS OF USE ARE AN AGREEMENT BETWEEN YOU AND AMERICAN HOMEPATIENT ("THE COMPANY"). YOU AGREE TO THESE TERMS WHEN YOU USE OUR WEB SITE. THESE TERMS OF USE ARE EFFECTIVE IMMEDIATELY ON THE DATE YOU USE THE WEB SITE AND SHALL CONTINUE DURING ANY SUCH USE OR RELIANCE ON THE WEB SITE.

THESE TERMS OF USE CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY. IT SUPERCEDES ANY OTHER AGREEMENT. WE MAY MODIFY THESE TERMS OF USE AT ANY TIME AND YOU AGREE TO BE BOUND BY ANY OF THESE CHANGES OR ADDITIONS BY USING THE SITE AFTER WE POST THESE CHANGES OR ADDITIONS.

Use of Content

You agree not to use this website except in a lawful way and for a lawful purpose. You agree not to send any electronic communication to the Company that contains any virus, worm, Trojan horse or other code that contaminates, damages or destroys any files, programs or other content or property of the Company or its customers or other users.

The Company retains all right, title and interest in and to the Company’s and the Web site’s content, products, documentation, software, or other Company materials on the Web site and any Company patent, copyright, trademark, service mark, trade secret, or other intellectual property or proprietary right in any of the foregoing. You are solely responsible for obtaining any consent supporting your use of any materials protected by any patent, copyright, trademark, service mark, trade secret, or other intellectual property or proprietary right and are responsible for any damages resulting from your disclosing or using any information on the Web site.

Additionally, any information contained within the American HomePatient Web site may not be reproduced, resold or redistributed for any other purpose.

Information included on this Web site or within the links contained in this site is not meant to be a substitute for your doctor's advice. If you have medical problems or suspect you may have a medical condition, please consult your doctor and follow his or her recommendations for treatment.

Users may choose to contact American HomePatient via e-mail through this Web site. Users are cautioned against disclosing any personal or confidential information in e-mails to the Company.

Liability

AMERICAN HOMEPATIENT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS WEBSITE OR EQUIPMENT PROVIDED BY THE COMPANY OR ITS AGENTS, EMPLOYEES OR REPRESENTATIVES. THE COMPANY SPECIFICALLY DISCLAIMS FULLY ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, ADEQUACY, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. THE COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS, CONTRACTORS AND EMPLOYEES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNATIVE, RELATING TO YOUR USE OF ANY EQUIPMENT OR SERVICES PROVIDED BY AMERICAN HOMEPATIENT OR THE USE OF THIS WEB SITE AND ITS CONTENT.

THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS PERTAINING TO ERRORS, OMISSIONS, DELAYS OR OTHER DEFECTS IN THE WEB SITE OR THAT ITS FILES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAMINATES, DAMAGES OR DESTROYS ANY FILES, PROGRAMS OR OTHER CONTENT OR PROPERTY OF THE COMPANY OR ITS CUSTOMERS OR OTHER USERS.

Indemnity

You agree to indemnify, defend and hold harmless American HomePatient, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of this Web site, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Jurisdiction

These Terms of Use will inure to the benefit of American HomePatient’s successors, assigns and licensees. In any suit or other proceeding brought hereunder the prevailing party will be entitled to recover attorneys' fees, costs and expenses actually incurred by the prevailing party in such suit or proceeding or in any appeal. Any claims, disputes or other controversies arising from the use of this Web site shall be governed by the laws of the State of Tennessee and submitted to binding arbitration and not to a court for determination. Such arbitration shall be accomplished expeditiously in Williamson County, and shall be conducted by the American Arbitration Association in accordance with its rules. Judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof.

General

If any provision of these Terms of Use is determined to be illegal, invalid or unenforceable under current or future law, you agree that any such provision shall be severable without affecting the validity of all other provisions. Also, the Company’s waiver of any provision of these Terms of Use does not and will not constitute or guarantee any future or other waver.

Notices to the Company, to be effective, shall be mailed postage prepaid, certified mail or by overnight courier to American HomePatient, 5200 Maryland Way, Suite 400, Brentwood, TN, 37027.

Privacy

Our website contains a Privacy Policy. This Privacy Policy is a part of these Terms of Use and may be modified and supplemented in our discretion just as any other provision in this agreement may be modified and supplemented by us at any time.

Links

American HomePatient may assemble links within this site for your convenience. We cannot be held responsible for the accuracy or currentness of information contained within these sites, or any inaccuracies in or omissions from such sites, or links from these to other sites, or whether or not this information is associated with the use of products and services offered through American HomePatient, Inc., its partners, or subsidiaries. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by American HomePatient, Inc., or any of its partners or subsidiaries.

Linking to our site without our express written permission is prohibited; however, permission may be granted to any civic-minded site that will enhance the usefulness of our site. Any users who come to this site through your link or the links of others will be bound by our Terms of Use.