AGREEMENT BETWEEN USER AND WEINSTEIN HOSPICE
The Weinstein Hospice Web Site (the “Site”) is comprised of various Web pages operated by Weinstein Hospice.
Weinstein Hospice reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Weinstein Hospice and Weinstein Hospice is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Weinstein Hospice is not responsible for webcasting, spam mailing, or any other form of transmission received from any Linked Site. Weinstein Hospice is providing these Linked Sites to you only as a convenience and personal use, and the inclusion of any Linked Sites does not imply endorsement by Weinstein Hospice of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, blogs, calendars, social networking sites, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper, legal, and directly related to the goals and functions of the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, attack, stalk, threaten, offend, defraud, or otherwise violate the legal rights of others, including but not limited to rights of privacy, intellectual property rights, and publicity rights.
- Publish, post, upload, download, distribute, or disseminate any inappropriate, profane, defamatory, infringing, offensive, obscene, indecent, knowingly false material about a person or business, or unlawful topic, name, image, programs, material, or information.
- Visit or solicit Web Sites, accounts, or social networking pages that contain obscene, hateful, offensive, pornographic, or otherwise illegal material.
- Upload files that contain software, images, or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, errors, corrupted files, or any other similar malicious software or programs that may damage, hack, disrupt, or deliberately affect the proper and efficient operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, files containing viruses, or chain letters.
- Download or accept any file or message posted, created, or distributed by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify, alter, add, or remove any source attributions, references to any author, artist, or source identification,, legal notices or other proper notices, proprietary designations, or labels of origin or source of software, or other material contained in a file, program, or other Web Site.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any codes of conduct, user expectations and rules, or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others that is not readily available to the public, including e-mail addresses, without their consent.
- Attempt to access privileged system files, program, or material.
- Trespass to other’s accounts, material, folders, programs, and access.
- Tamper with the settings, options, authorization, and proper functioning of the Web Site or with the files contained therein.
- Violate any applicable laws or regulations.
Weinstein Hospice has no obligation to monitor the Communication Services. However, Weinstein Hospice reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Weinstein Hospice reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Weinstein Hospice reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Weinstein Hospice’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Do not use the Site to provide personal passwords or accounts and to reveal confidential information to any other person. Weinstein Hospice does not control or endorse the content, messages or information found in any Communication Service and, therefore, Weinstein Hospice specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, hosts, and staff are not authorized as Weinstein Hospice spokespersons, and their views do not necessarily reflect those of Weinstein Hospice.
Materials uploaded to a Communication Service may be subject to limitations on usage frequency and scope, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO WEINSTEIN HOSPICE OR POSTED ON THESITE
Weinstein Hospice does not claim ownership of the materials you provide, post, upload, input, or submit, including feedback and suggestions, to the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Weinstein Hospice, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the Site, and any business related thereto, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
Under no circumstance will you be paid any compensation with respect to the use of your Submission. Weinstein Hospice is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Weinstein Hospice’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER/DISCLAIMER OF WARRANTIES
THE INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WEINSTEIN HOSPICE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WEINSTEIN HOSPICE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, SERVICES, FILES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, SERVICES, FILES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WEINSTEIN HOSPICE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, SERVICES, FILES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF TITLE AND OF NON-INFRINGEMENT.
LIMITATION OF LIABILITY
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEINSTEIN HOSPICE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
Weinstein Hospice reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
CHOICE OF LAW
RESTRICTION OF JURISDICTION AND APPLICATION OF LAW
ADMISSIBILITY OF AGREEMENT
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Site are: Copyright © Weinstein Hospice. All rights reserved and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent at: firstname.lastname@example.org