Please read this agreement carefully before using the CIAIP Technical Assistance Resource Center website.
Copyright 2010 Visiting Nurse Service of New York. All rights reserved.Â
The Community Innovations for Aging in Place ("CIAIP") Technical Assistance Resource Center's Website (the "Site") is the property of the Visiting Nurse Service of New York, Inc. and is protected by United States and international copyright, trademark, and other applicable laws.Â This includes the content, appearance, and design of the Site, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.
Welcome to the CIAIP Technical Assistance Resource Centerâ€™s website (the â€œSiteâ€). The Visiting Nurse Service of New York (VNSNY) owns and operates this web site through the Center for Home Care Policy & Research (the â€œCenterâ€) including all information, communications, articles, text, graphics, opinions and audio or visual materials (collectively â€œContentâ€). By using this Site you agree to be bound by these Terms & Conditions of Use.Â VNSNY, the CIAIP Technical Assistance Resource Center, and their affiliated companies and subsidiaries, are collectively the â€œCIAIP Technical Assistance Resource Center Parties.â€â€¨â€¨THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE.Â The contents of this Site are for informational purposes only. They do not constitute, and are not intended to substitute for, professional medical advice. The users of this Site are encouraged to and are expected to consult with physicians, medical advisors, and health care practitioners regarding a specific medical diagnosis or condition or general health issues.Â
The CIAIP Technical Assistance Resource Center Parties do not suggest or recommend any procedures, practices, equipment or other items that are components of or related to medical practice nor do they recommend any physicians or other medical or health care practitioners or institutions. You should not disregard medical advice or attempt to follow any programs or health related suggestions on this Site without first consulting with your physician. The general information provided here cannot be relied on to apply to specific cases and is not a substitute for professional medical care.Â
You may only view and use the materials on this Site in accordance with these Terms & Conditions of Use. VNSNY, the VNSNY Logo, the Center Logo, and CIAIP Technical Assistance Resource Center logo are trademarks and service marks of VNSNY.Â All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. The contents are the intellectual property of VNSNY. You may use them for personal and non-commercial purposes only and may not modify, distribute, sell or otherwise disseminate the contents unless specifically stated otherwise on the Site.
You agree to indemnify and hold harmless the CIAIP Technical Assistance Resource Center Parties, and their affiliates, officers, directors, employees, agents and subcontractors from any lawsuits, judgments, liabilities, claims, or demands (including, costs, expenses, court costs and reasonable attorneysâ€™ fees) resulting from your use of the Content of this Site or the use by any third-party of the Content arising out of your use of this Site.
For your convenience, the Site may contain links to the websites of third-parties on which you may be able to obtain content and/or download software. Except as otherwise noted, such third party websites, and such content and software are provided by companies which are not affiliated with and are independent of the CIAIP Technical Assistance Resource Center Parties.Â The CIAIP Technical Assistance Resource Center Parties do not endorse or make any representations or warranties concerning such websites, and said parties may have not reviewed such content or software. The CIAIP Technical Assistance Resource Center Parties have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites. In addition, the CIAIP Technical Assistance Resource Center Parties cannot censor or edit the content of any third-party site. Therefore, the CIAIP Technical Assistance Resource Center Parties make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers, nor do the CIAIP Technical Assistance Resource Center Parties necessarily endorse such websites or sources.
Limits of Liability
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.Â THE CIAIP TECHNICAL ASSISTANCE RESOURCE CENTER PARTIES DO NOT WARRANT THAT THE USES OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.Â THE SITE IS PROVIDED ON AN â€œAS ISâ€ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER SUCH DAMAGES OR INJURY RESULT FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.Â YOU SPECIFICALLY ACKNOWLEDGE THAT CIAIP TECHNICAL ASSISTANCE RESOURCE CENTER PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL THE CIAIP TECHNICAL ASSISTANCE RESOURCE CENTER PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT (EXCEPT AS OTHERWISE STATED IN THESE TERMS AND CONDITIONS OF USE), INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE.Â THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE WHETHER THE THEORY OF LIABILITY IS BASED ON CONTRACT, TORT, PRODUCTS LIABILITY, OR ANY OTHER LEGAL THEORY.Â YOU HEREBY ACKNOWLDEGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, THE CIAIP TECHNICAL ASSISTANCE RESOURCE CENTER PARTIES SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITH THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.Â NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE CIAIP TECHNICAL ASSISTANCE RESOURCE CENTER PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS (100).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, the CIAIP Technical Assistance Resource Center Partiesâ€™ liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
It is our and your intent that these Terms & Conditions of Use constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions of Use, and to abide by and comply with these Terms & Conditions of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site without the consent of your parent or guardian.
These Terms & Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the CIAIP Technical Assistance Resource Center Parties without restriction.
Unauthorized Downloading or Distribution
Except for materials that we specifically post on our Site for download, any unauthorized downloading and distribution of any copyrighted material from this Site or the sites to which we link, without the copyright owner's permission, is strictly prohibited.
Governing Laws and Venue
VNSNY is incorporated in the State of New York in the United States of America, which laws and regulations you agree shall govern the Site regardless of where you reside or where you made your posting, transaction or connection with the Site, without respect to New Yorkâ€™s conflict of laws principles. You agree to be bound by all applicable laws that may pertain to the Site, including U.S. export and re-import laws and regulations. If any case or controversy arises regarding your use of the Site, you agree that such case or controversy will be arbitrated or decided in the State of New York in the United States of America. Any claim or dispute between you and the CIAIP Technical Assistance Resource Center Parties or any one of the CIAIP Technical Assistance Resource Center parties that arises in whole or in part from the Site or relating to these Terms and Conditions of Use, shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms & Conditions of Use, and any other legal notices published by the CIAIP Technical Assistance Resource Center Parties on the Site, shall constitute the entire agreement between you and the CIAIP Technical Assistance Resource Center Parties concerning the Site. If any provision of these Terms & Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the CIAIP Technical Assistance Resource Center Partiesâ€™ failure to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision. The CIAIP Technical Assistance Resource Center Parties reserve the right to amend these Terms & Conditions of Use at any time and without prior notice, and it is your responsibility to review these Terms & Conditions of Use for any changes. Your use of the Site following any amendment of these Terms & Conditions of Use will signify your assent to and acceptance of its revised terms. You and the CIAIP Technical Assistance Resource Center Parties agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Changes of Terms and Conditions
The CIAIP Technical Assistance Resource Center Parties reserve the right to change or modify these Terms & Conditions of Use at any time, and you agree to give effect to such changes or modifications upon their being posted to the Site.
By participating on the Site, you acknowledge that you are aware of these Terms & Conditions of Use, that you understand these Terms & Conditions of Use and that you agree to be bound by them. If you do not wish to be bound by these terms and conditions, you should not access or use the Site.
When you register to use the Site, you create a unique username and password (together, "passwords"). You are responsible for all use of the Site and its services using your passwords, including use by others to whom you have given your passwords. You are responsible for keeping your passwords confidential and for notifying us if your passwords have been hacked or stolen. Please contact us if you believe your passwords may have been compromised. You may use the Site and services for lawful, non-commercial purposes only. When participating in activities involving the Site, such as posting to discussion threads, blogs, or commenting, you must comply with any posted guidelines. The guidelines may be updated from time-to-time at the CIAIP Technical Assistance Resource Center Partiesâ€™ sole discretion. Please check them frequently for the most recent information. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and services. You may not attempt to gain unauthorized access to any services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms & Conditions of Use.
Content You Post or Submit
The Site allows registered members to submit multiple types of content, including discussion posts, blog posts, profile fields, tags, and comments, collectively "posts." When you submit content that you have written (a post), keep in mind that the post is not confidential and that it will be designated as a module that can be clipped and pasted on other personal and community web sites. Information that you wish to remain confidential or private should NOT be posted. It is important that you act responsibly when providing these posts. Please give information about your experiences and opinions, but do not use inappropriate language or make gratuitous personal criticisms or comments. Please be respectful and thoughtful with your posts. You (or the author) continue to own the copyright in your posts but, by submitting posts to public areas of the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your posts in any medium and any manner we choose, and to use your user name to attribute your posts to you if we so choose.
In addition to posts, you may submit feedback to us. We welcome your feedback regarding our Site and services. You agree that we may use in any manner and without limitation, all comments, suggestions, complaints and other feedback you provide relating to the Site or services, and that we will own all intellectual property that we create based upon or incorporating your feedback.
Your Use of Content
All of the content available on or through the services and/or the Site is owned by us, or by others who supply the content to us, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the content for personal, non-commercial purposes only unless we specifically state otherwise on the Site. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the content, or exploit the content for commercial gain.
The CIAIP Technical Assistance Resource Center employs Site Moderators, who help maintain a safe, positive atmosphere for Site members. The role of the moderator is to foster friendly communication and enforce Site rules. The moderator is an active member of the Site, and is there to help ensure your experience is positive. Feel free to contact the Moderator with questions, concerns, or suggestions. The moderators do not edit the content of a members' post, but they may remove posts and terminate a member for any reason at their sole discretion, including if posts violate the Site Guidelines or the Site's Terms & Conditions of Use or are unrelated to the topic at hand. In the event that a member posts a threat of serious physical harm to him or herself or another person, these messages will be removed. We encourage you to seek professional help if you are in a crisis. We reserve the right to notify law enforcement or other authorities of any post or content.
Linking To This Site
You generally do not need to obtain permission from the CIAIP Technical Assistance Resource Center to put a text link on your site that links back to the CIAIP Technical Assistance Resource Center Site. We reserve the right, however, to revoke permission to the link at any time at our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the CIAIP Technical Assistance Resource Center Site.