Mother Cabrini Health Foundation

Terms of Use

Effective Date: April 15, 2019

These Terms of Use (“Terms”) contain the terms on which we supply content or services included on the Mother Cabrini Health Foundation website (located at https://www.cabrinihealth.org/) (collectively, the “Site”) which is owned and operated by the Mother Cabrini Health Foundation (“Foundation,” “we,” “our” or “us”). These Terms apply to the Site and all services offered by the Foundation through the Site.

By accessing or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms and our privacy policy. Capitalized terms used but not defined herein have the meanings assigned to them in the Privacy Policy.

If you do not agree to these Terms, please stop using the Site immediately.

A few important points:

We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Site at any time after such changes are posted. If a material change is made, we will notify you through the Site. Read through any changes, and if you do not agree to them, please stop using the Site.
Additional terms and conditions may apply to specific services or your use of certain features on the Site. These additional terms are also legally binding.

REGISTRATION

You may be asked to register in order to access certain features or services on the Site. We will ask you to complete a registration form and provide certain Personal Information such as your name and contact information. When you register on the Site, you agree that you will provide accurate and current information.

Those who register are responsible for the security and confidentiality of their account, password, and other related information. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your information. You agree to notify us of any unauthorized access to the Site or related breach of security.

We may suspend or terminate your access to the Site at any time with or without notice to you, if we suspect you have provided inaccurate registration information or are otherwise misusing the Site or its services.

When you register on the Site, you acknowledge and agree that the Foundation may contact you using the information that you provide to us.

SITE GUIDELINES

You are solely responsible for ensuring that your use of the Site is in compliance with all applicable laws, rules and regulations.

When you interact with the Site, you will be expected to comply with the following guidelines (“Guidelines”):

Only provide information that is truthful and accurate.
Do not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
Do not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any of its Contents, information, data or materials provided through the Site, in any manner not expressly permitted by these Terms or the Site.
Do not reverse engineer, decompile or disassemble any software, feature or portion of the Site or use automated systems to scrape, harvest, copy or monitor any content on the Site.
Do not use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact the Foundation.
Do not use the Site in any way that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, or is otherwise objectionable or inappropriate.
Do not use the Site for commercial purposes or post any advertising, solicitation or commercial content on the Site or accept payment from a third party in exchange for performing commercial activity on the Site without our prior express consent.
Do not collect or solicit Personal Information from other Site users or send unsolicited messages to users or visitors of the Site.
Do not post any information or materials to the Site that may contain malicious code, viruses, corrupted files, or use automated technology or software to interact with the Site or to harm or damage the operation of any computer, network or the Site.

PROPRIETARY RIGHTS

All of the content on the Site – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Content“) is owned by the Foundation or others we license Content from, and is protected under the United States’ copyright laws. All trademarks, logos, service marks and trade names are owned, registered and/or licensed by the Foundation or its parent or affiliates.

You agree not to change or delete any ownership notices from any materials accessed, downloaded or printed from the Site. You also agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any Content appearing on the Site, without our prior written consent.

NOTIFICATION OF COPYRIGHT INFRINGEMENT (DIGITAL MILLENNIUM COPYRIGHT ACT)

If you are a copyright owner and believe that any content on the Site infringes your copyright, you may file a copyright infringement notification with us by mail to: The Mother Cabrini Health Foundation, Attn: Chief Administrative Officer, 777 Third Avenue, 23rd Floor, New York, NY 10017 or email us at info@cabrinihealth.org.

In your correspondence, please:

Identify the copyrighted work that you claimed has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If applicable, please provide a copy of the copyright registration certificate.
Identify the material that you believe is infringing. Be specific and clear, and provide the material’s URL location. It is best to include screenshots.
Include your contact information (preferably your address, telephone number, and e-mail).
Include the alleged infringer’s contact information, if available.
Ensure the following statement is true, and include it: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
Ensure the following statement is true, and include it: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the document (or have a person authorized to act on your behalf sign the document).

Upon receipt of your notification, we may investigate and/or remove the applicable material at our sole discretion.

SUGGESTIONS & FEEDBACK

If you submit suggestions or feedback to the Foundation in connection with the Services (“Feedback”), you acknowledge that your Feedback is not confidential and you authorize us to use your Feedback without restriction, and without any payment or obligation to you. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any Feedback and your right to object to any use or treatment of such Feedback.

COMMUNICATIONS

We may communicate with you electronically, including by posting notices on the Site or by responding to your e-mails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LINKS TO THIS SERVICE

You may link to the Site provided that you somehow indicate that the link takes the user directly to the Foundation Site, and is fair and not misleading. You may not integrate or make use of all or part of the Site in ways that would confuse or mislead users as to the nature and origin of the Site’s content.

LINKS TO OTHER WEBSITES

The Site may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. The Foundation has no control over, and is not responsible for any content or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability, sponsorship, endorsement or approval by The Foundation of these sites or the content contained on these sites.

DISCLAIMER

The Site and any service or information provided is intended for informational purposes only. Reasonable efforts have been made to include accurate and up-to-date information on the Site. However, The Foundation makes no representations or warranties, express or implied, as to the completeness or accuracy of any Content included on the Site. All such documents, services, information and content on the Site are provided “as is” without warranty of any kind.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS SITE AND ANY FEATURE ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. THE FOUNDATION, AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (THE “FOUNDATION PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS SITE, THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, FEATURES, MATERIALS OR SERVICES INCLUDED HEREIN.

CONTENT ON THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOUNDATION PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

THE FOUNDATION PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FOUNDATION PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE FOUNDATION PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Foundation Parties from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Foundation Parties or any Service Provider or third party vendor, arising out of or in connection with: (a) your use of the Site, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and the Foundation Parties under these Terms.

VOID WHERE PROHIBITED

The Site and its contents are intended to comply with the laws and regulations of the U.S. Although the information on the Site may be accessible outside of the U.S., the information pertaining to the Foundation or our services is intended for use only by residents of the U.S. We reserve the right to limit the provision of our the Site and its services to any person, geographic region or jurisdiction and/or to limit the availability of the services we provide. Any offer for any service made on this Site is void where prohibited.

GENERAL PROVISIONS

Governing Law. These Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, U.S., without respect to its choice of law principles.

No Waiver. No failure or delay by the Foundation in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.

Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.

Entire Agreement. These Terms and the Privacy Policy represent the entire understanding between the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between you and the Foundation regarding its subject matter, and may not be amended, altered or waived.

Assignment. You may not assign these Terms without the prior written consent of the Foundation but we may assign these Terms without any notice to you.

CHANGES

We may update and post revisions to these Terms from time to time and will update the Effective Date when we do so. If our Terms of Use or Privacy Policy changes in a way that materially affects how we handle your Personal Information, we will not use the Personal Information we currently maintain without providing you notice or obtaining your consent, where appropriate. We encourage you to review this page for the latest information about our practices.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us by email at info@cabrinihealth.org or write us at:

The Mother Cabrini Health Foundation
Attn: Chief Administrative Officer
777 Third Avenue
23rd Floor
New York, NY 10017