CENTER TO ADVANCE PALLIATIVE CARE
WEBSITE AND MATERIALS USER AGREEMENT
The proprietary materials provided on The Center to Advance Palliative Care′s (“CAPC”) website (the “Website”) and the proprietary materials and presentations distributed through CAPC seminars, audio-conferences, CAPC Campus Online™, Palliative Care Leadership Centers trainings™, publications and any other venue (collectively, the “Materials”) are offered to hospitals and to healthcare providers and administrators working within hospital settings for the exclusive purposes of furthering palliative care program development and palliative care education.
No portion of the Materials may be utilized in any manner by any healthcare consulting organization or any healthcare support provider without the prior written consent of CAPC.
This Agreement (the “Agreement”) does not govern the use of the CAPC on-line publication, Top Tools for Palliative Care Programs (the “CAPC Toolkit”), which is subject to a separate User Agreement.
PLEASE READ CAREFULLY. This Agreement is between you (“User”) and CAPC and establishes certain terms and conditions. CAPC reserves the right to change these terms and conditions at any time, without notice to User, and User must consult the most recent version of this Agreement, and User agrees to abide by the most current version of the Agreement.
Disclaimer of Warranty
- 3.1. User acknowledges that the Materials are provided "as is" for general information only. These Materials do not offer medical advice or recommendations and individuals should not rely on the information in the Materials as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. CAPC strongly recommends and User agrees that care and treatment decisions related to any medical condition be made in consultation with a patient's physician or other qualified health care professionals who are familiar with the individual's specific health situation.
- 3.2. CAPC makes no representations with respect to the information, services, products or messages in the Materials and specifically disclaims any other warranties, including but not limited to implied or express warranties of merchantability or fitness for any particular usage, application or purpose.
- 3.3. CAPC makes no warranties of any kind regarding the operation of the Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties and such warranties are expressly disclaimed.
Copyright and Trademark
- 4.1. Unless otherwise indicated, all information contained in the Materials, such as text, graphics, logos, button icons, images, audio and video clips, is copyrighted by and proprietary to CAPC and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent Use or otherwise Used in whole or in part in any manner (“Use”) unless permission is granted pursuant to Section 4.2 of the Agreement. In the event User is granted permission to Use the Materials pursuant to Section 4.2, User shall attribute ownership and creation of such Materials to CAPC in accordance with Section 4.3 herein.
- 4.2. CAPC grants permission to hospitals and to healthcare providers and administrators working within hospital settings to Use the Materials provided on the Website and materials and presentations distributed through CAPC seminars, audio-conferences, CAPC Campus Online™, Palliative Care Leadership Centers™ trainings , publications and any other venue for the exclusive purposes of furthering palliative care program development and palliative care education. No portion of these Materials may be utilized in any manner by any healthcare consulting organization or any healthcare support provider without the prior written consent of CAPC.
4.3. Provided User qualifies to Use the Materials, User shall clearly attribute the creation and ownership of the Material to CAPC. Specifically, User shall at least provide one (1) conspicuous notice of CAPC copyright ownership at the bottom of each page of the Materials.
- 4.4. The names and marks, Center to Advance Palliative Care and CAPC and their attendant logos, domain names and taglines, are trademarks of CAPC and may not be Used or reproduced unless Use is consented to in Section 4.2.
- 5.1. CAPC makes no representation, warranty or endorsement, express or implied, as to any of the information, services, products or messages on any other websites which may be accessed through a hyperlink on the Website. In particular, these links are provided for convenience of reference only and are not intended as an endorsement by CAPC of the organization or individual operating the website or a warranty or endorsement of any type regarding the website or the information, services, products or messages posted on or available from such website.
- 5.2. CAPC is not responsible for the information or materials contained on websites linking to this Website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by CAPC of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.
- 6.1. This Website contains links to other sites. Once you enter another website (whether through an advertisement, service, or content link), you agree that CAPC is not responsible for the privacy practices of these other sites. CAPC encourages you to look for and review the privacy statements of each and every website that you visit through a link or advertisement on the Website.
- 6.2.2. Most browser software can be set to reject all Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the "Help" section of the toolbar. If User rejects Cookies, certain functions and conveniences of the Website may not work properly.
- 6.3. CAPC shall have the right to release personal information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as in response to a physical threat to User or others, to protect property or defend or assert legal rights. In the event that CAPC is legally compelled to disclose User′s personal information to a third party, we will attempt to notify User unless doing so would violate the law or court order. In addition, CAPC may disclose personal information as may be needed to create User lists; CAPC shall have the right to share such User lists with affiliated organizations. However, CAPC will not share User emails.
Limitation of Liability
- 7.1. When using the Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of CAPC and its suppliers. Accordingly, CAPC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with Use of the Website.
- 7.2. The Materials are provided on an "as is" basis. CAPC, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, VOLUNTEERS, LICENSORS, LICENSEES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, CAPC, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers make no representations or warranties about the following:
- 7.2.1. The accuracy, reliability, completeness, or timeliness of the content, and where applicable, software, text, graphics, links, or communications provided on or through the Materials.
- 7.2.2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products and where applicable, the approval or compliance of any software tools with regard to the contents of the Materials.
- 7.3. In no event shall CAPC, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Materials be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the Use of or inability to Use the Materials or its content, whether based on warranty, contract, tort, or any other legal theory, and whether or not CAPC, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Materials are advised of the possibility of such damages. CAPC, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Materials are not liable for any personal injury, including death, caused by User′s Use or Misuse of the Materials.
- 7.4. User agrees to hold harmless CAPC and its officers, directors, agents, employees, licensees, and volunteers from all claims arising out of or related to your Use, or your inability to Use, the Materials or the information, services, products or messages contained in the Materials or other websites to which the Website is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will CAPC or the contributors of information to the Materials be liable to User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CAPC, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE MATERIALS.
In the event any provision hereunder is held to be invalid or unenforceable, all remaining terms under the Agreement shall remain in full force and effect as if such invalid or unenforceable term had never been included.
User agrees that any material breach of Section 4 of the Agreement will result in irreparable harm to CAPC for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, CAPC shall be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
Any failure to exercise promptly any right under the Agreement shall not create a waiver or any expectation of non-enforcement.
User and CAPC agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, shall apply to all matters arising from or relating to Use of the Materials. User and CAPC also agree and hereby submit to the exclusive personal jurisdiction and venue of New York County, New York and the United States District Court for the Southern District of New York with respect to such matters.
The Agreement constitutes the entire agreement between User and CAPC relating to the Materials, and cancels and supersedes any prior versions of the Agreement.