1. This Website Visitor Agreement (“Agreement”) describes the terms and conditions between the Center to Advance Palliative Care (“CAPC”) and you (“Visitor”), as visitor to this CAPC website (“Website”).
2. All information, content, and materials (“Materials”) provided on this website, are offered for the exclusive purpose of furthering palliative care program development and improvement, and palliative care education, of hospitals and to healthcare providers and administrators working within hospital settings or related care facilities. Materials provided may not be sold or otherwise distributed for monetary gain. Additional restrictions may apply to users of the CAPC Central system, as described in the CAPC Online User Agreement.
3. CAPC reserves the right to change these terms and conditions at any time, without notice to Visitor and Visitor agrees to abide by the most current version of the Agreement. Please check these terms regularly for updates.
4. Disclaimer of Warranty and Limitations of Liability
4.1. CAPC makes no representations with respect to the Materials on the Website. All information, materials, systems, products, and services provided by CAPC are on an “as is” or “as available” basis, without warranty of any kind, either express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, CAPC, its officers, directors, members, employees, staff, volunteers, representatives, licensors, licensees, independent contractors, and affiliates, (“Representatives”) make no representations or warranties about the following:
4.1.1. The accuracy, reliability, completeness, or timeliness of Materials, and where applicable, software, text, graphics, links, or communications provided on or through the Materials.
4.1.2. 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 Materials.
4.2. Visitor acknowledges that the Materials are provided for general information only. Under no circumstances, will the provision of such Materials be considered offering medical advice. Individuals should not rely on Materials as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. CAPC strongly recommends, and Visitor 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.
4.3. In no event shall CAPC or its Representatives 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, whether based on warranty, contract, tort, or any other legal theory, and whether or not CAPC or its Representatives, are advised of the possibility of such damages. CAPC, and its Representatives or any third parties mentioned in the Materials are not liable for any personal injury, including death, caused by Visitor′s Use or Misuse of the Materials.
4.4. Visitor agrees to release, defend, discharge, indemnify, and hold harmless CAPC and its Representatives 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 its Representatives or the contributors of information to the Materials be liable to Visitor or anyone else for any decision made or action taken by Visitor 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, and its Representatives, for losses or damages you sustain in connection with your use of the Materials.
4.4. 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.
4.5. 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.
5. Intellectual Property
5.1. The CAPC website, and all viewable and discoverable Materials therein (including without limitation all data, text, images, logos, graphics, audio, video, or code) is the property of CAPC and its licensors. Visitor is granted a limited, revocable, conditional, non-transferable, non-sublicensable license to use the Materials provided the following:
5.1.1. Such use is for the exclusive purposes of furthering palliative care program development, improvement, and palliative care education.
5.1.2. Such use is noncommercial. Visitor shall not sell, or otherwise derive monetary gain or direct commercial advantage from the use of Materials.
5.1.3. Such use shall clearly attribute the creation and ownership of the Material to CAPC. Specifically, Visitor shall at least provide one (1) conspicuous notice of CAPC copyright ownership at the bottom of each page of the Materials.
5.3 Visitor agrees that any material breach of this Section 5 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.
6.1. 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.
6.2. 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.
7.1. 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.
7.2.2. 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 Visitor rejects Cookies, certain functions and conveniences of the Website may not work properly.
7.3. 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 Visitor or others, to protect property or defend or assert legal rights. In the event that CAPC is legally compelled to disclose Visitor’s personal information to a third party, we will attempt to notify Visitor unless doing so would violate the law or court order. In addition, CAPC may disclose personal information as may be needed to create Visitor lists; CAPC shall have the right to share such Visitor lists with affiliated organizations. However, CAPC will not share Visitor emails.
8.1. This Agreement along with all other applicable agreements (including but not limited to the CAPC Online User Agreement) constitutes the entire agreement between the parties and supersedes all prior agreements, versions, and understandings (written or oral) concerning the subject matter hereof.
8.2. This Agreement is governed and construed by laws of the State of New York, and any adjudication shall take place in New York County, New York, regardless of any conflict of law principles to the contrary.
8.3. If any section of this Agreement is held to be invalid or unenforceable, the remaining sections shall not be affected. In such event, the invalid or unenforceable provision(s) shall be changed and interpreted so as best to accomplish such provision’s objective.
8.4. The failure of CAPC to exercise or enforce its rights under this Agreement shall not be construed as waiver of such rights.
Updated: December 31, 2014