Disclaimer
CaringGuidance™ does not provide health care services. Users of CaringGuidance™ are not considered patients of CaringGuidance™ or any affiliated entities, on the basis of use of the CaringGuidance™ site or for any other reason. CaringGuidance™ solicits voluntary submission of information, which will be used to provide support for users, and for other purposes consistent with CaringGuidance™’s educational mission. You should not treat any information received on CaringGuidance™ as advice or recommendations to take or not take any action. Reliance on any information provided is prohibited. Medical care may only be administered by licensed professionals, who understand the specifics of a patient’s medical condition, and CaringGuidance™ does not seek to obtain such information, or particularly review the available information to provide specific patient guidance.
Modification
CaringGuidance™ reserves the right to change these Terms of Use without notice. You are responsible for regularly reviewing these Terms of Use since such changed terms will govern your continued use of the Web Site and/or the Tools.
Personal and Non-Commercial Use
Unless otherwise specified, the Web Site and the Tools are for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from the Web Site or the Tools. You may not use any computerised or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract and/or download any information, including without limitation, any currency exchange data, from the Web Site or the Tools.
Third Parties
Any dealings with third parties (including advertisers) included within the Web Site and the Tools or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. CaringGuidance™ shall not be responsible or liable for any part of any such dealings or promotions.
Links
The Web Site or the Tools may contain links to Web sites controlled or offered by third parties (non-affiliates of CaringGuidance™). CaringGuidance™ disclaims liability for any information, materials, products or services posted or offered at any such linked sites. By creating a link to a third party Web site CaringGuidance™ does not endorse or recommend any products or services offered or information contained at such linked site, nor is CaringGuidance™ liable for any failure of any products or services offered or advertised at such linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked site.
If you provide a link to CaringGuidance™’s Web Site on your web site, you shall not indicate or suggest that CaringGuidance™ is affiliated with, endorses or sponsors your web site or any non- CaringGuidance™ web site, entity, service or product and shall not use any CaringGuidance™ trademarks or trademarks of its related entities, The Research Foundation of the State University of New York, The State University of New York, The University at Buffalo, or The School of Nursing, without the express prior written permission of the respective organization.
Unlawful or Prohibited Use
As a condition for your use of the Web Site and/or the Tools, you agree that you will not use the Web Site or the Tools for any purpose that is unlawful or prohibited by these Terms of Use. The Web Site and the Tools are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use the Web Site or the Tools in any manner which could damage, disable, overburden or impair the Web Site or the Tools, the networks connected to the Web Site or the Tools, or interfere with any other party’s use and enjoyment of the Web Site or the Tools. You may not attempt to gain unauthorised access to the Web Site or the Tools, other accounts, computer systems or networks connected to the Web Site or the Tools by any means, including without limitation, hacking or password mining. You may not obtain or attempt to obtain any materials or information, including without limitation, any currency exchange information, through any means not intentionally made available through the Web Site or the Tools, including without limitation, through the use of any Web scraper, spider or robot.
No Medical Health Care Services
CaringGuidance™ does not provide health care services to its users, and users should not rely on any information provided by CaringGuidance™, or any failure to provide information, as medical advice or delivery of care. Please see your doctor or other licensed health care professional for specific information or to address any concerns about your health.
Use of Communication Services
The Web Site and the Tools may contain bulletin board services, chat groups, forums or other communication facilities designed to enable you to communicate with others (collectively the “Communication Service”). You agree to use the Communication Service only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service. You may not use the Communication Service to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Communication Service to publish, distribute or disseminate any inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful topic, message, material or information, or to advertise or offer to sell or buy any goods or services. CaringGuidance™ has no obligation to monitor the Communication Service, however CaringGuidance™ reserves the right to review materials posted to the Communication Service and to remove any materials in its sole discretion. CaringGuidance™ reserves the right to terminate your access to the Communication Service at any time, without notice, for any reason whatsoever.
Materials Provided to CaringGuidance™
CaringGuidance™ does not claim ownership of any materials you provide to CaringGuidance™ (including feedback and suggestions) or post, upload, input, provide or submit to the Web Site for review by members of the general public, or by members of any public or private group (each a “Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CaringGuidance™ and its agents permission to use your Submission in connection with CaringGuidance™’s operation of the Web Site and its other activities, including without limitation, the right to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, all without the payment of compensation to you in respect of any such use of your Submission. You warrant and represent that you own, or otherwise control, all of the rights to your Submission, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Submission.
No Redistribution Rights
You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the Web Site or the Tools without CaringGuidance™’s express written permission, which permission may be withheld in CaringGuidance™’s sole discretion.
Products and Tools
CaringGuidance™ does not make any assurances with regard to the accuracy of the results or output that derives from use of any of the Tools. The Tools are copyrighted works of CaringGuidance™ and/or its suppliers, and are protected by copyright law and international treaty provisions. If a Tool is accompanied by an end user license agreement, your use of that Tool is governed by the terms of such end user license agreement, and you must agree to the terms and conditions of such end user license agreement in order to install such Tool. If a Tool is not accompanied by a license agreement, CaringGuidance™ hereby grants to you a revocable, personal, non-transferable license to use such Tool in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Web Site or the Tools is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Tools, nor to export or re-export the Tools, directly or indirectly, to any country or territory that is subject to USA export restrictions. You may not use the Tools for any unlawful purpose or to violate the legal rights of others or in association with the sale of any service or product which is unlawful or which, in the reasonable opinion of CaringGuidance™, would reflect negatively upon the reputation of CaringGuidance™, the Web Site or the Tools.
LIABILITY DISCLAIMER. THE TOOLS, THE WEB SITE AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CARINGGUIDANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS OR WEB SITE, INCLUDING BUT NOT LIMITED TO ANY INFORMATION ABOUT DISEASES OR THERAPIES; (B) THE RESULTS OBTAINED FROM THE USE OF THE TOOLS OR WEB SITE; AND (C) ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE TOOLS OR THE WEB SITE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, CARINGGUIDANCE: (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) DOES NOT WARRANT THAT THE TOOLS OR THE WEB SITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED, SECURE, MALWARE FREE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, EVEN IF KNOWN OR BROUGHT TO OUR ATTENTION.
THE USE OF THE TOOLS AND THE WEB SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING OR ACCESSING THE TOOLS OR THE WEB SITE OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES SHALL CARINGGUIDANCE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES (INCLUDING WITHOUT LIMITATION ADVERSE HEALTH CONSEQUENCES) PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR THE WEB SITE OR ANY ERRORS OR OMISSIONS OF THE TOOLS OR WEB SITE; (B) LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING FROM ANY RELIANCE ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR THE WEB SITE; (C) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES; OR (D) ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE TOOLS, THE WEB SITE OR ANY CONTENT CONTAINED THEREON, EVEN IF CARINGGUIDANCE HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY TOOLS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TOOLS AND THE WEB SITE.
YOU AGREE TO INDEMNIFY AND HOLD CARINGGUIDANCE, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYS’ FEES, ASSERTED BY ANY THIRD PARTY OR ARISING OUT OF YOUR USE OF, OR CONDUCT ON, THE WEB SITE OR THE TOOLS.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, CARINGGUIDANCE’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
Intellectual Property
The Web Site and the Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic, text or image from the Web Site or the Tools may be copied or retransmitted without the express prior written permission of CaringGuidance™. The SUNY, RF-SUNY, University at Buffalo, and School of Nursing families of trademarks and all associated logos are trademarks or registered trademarks of the respective organizations, and may not be copied or transmitted without the express written permission of those respective organizations or their licensing agents.
Your use of the Web Site and/or the Tools shall be subject to all applicable laws and regulations. CaringGuidance™ may enforce the Terms of Use in the jurisdiction of any CaringGuidance™ affiliate. Certain sections or pages of the Web Site may contain separate terms or conditions. In the event of a conflict, these separate terms and conditions (if any) will govern for those sections or pages. You agree that your use of the Web Site will not create any joint venture, partnership, employment or agency relationship between you and CaringGuidance™. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
General Legal Terms
This TOS along with any supplemental terms for some Services constitutes the whole legal agreement between you and CaringGuidance™ and replaces any prior agreements between you and CaringGuidance™.
We may modify this TOS from time to time. If you do not agree to the changes, stop using our Services (and remember to cancel any fee-based services) before the changes take effect. Your use of a Service after the effective date of any changes means that you agree to the changes.
If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
In any dispute with us, your sole remedy is to stop using your account and cancel any fee-based services. This includes any dispute related to, or arising out of: (1) any term of this TOS or our enforcement or application of this TOS; (2) any of our policies or practices, including our Privacy Policy, or our enforcement or application of these policies; (3) the content available on the Services or any change in content provided by us; or (4) your ability to access or use the Services.
You agree that the laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to New York’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Albany County, New York, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Services.
In accordance with our Civil Subpoena Policy, we may be required by law to release information to a third party about your account, including the content of any non-publically accessible information you provide or that others provide to you. Except as prohibited by law, we will send you notice if we plan to comply with a civil subpoena related to your account. You agree to hold us harmless for the release of any information related to your account in connection with a civil subpoena including, but not limited to, any claims that you did not receive notice of the civil subpoena from us.