Effective Date: April 15, 2019
If you do not agree to these Terms, please stop using the Site immediately.
A few important points:
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.
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”):
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.
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 firstname.lastname@example.org.
In your correspondence, please:
Upon receipt of your notification, we may investigate and/or remove the applicable material at our sole discretion.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Mother Cabrini Health Foundation
Attn: Chief Administrative Officer
777 Third Avenue
New York, NY 10017