Welcome to the Alive Hospice website (the “Site”).  Please read these Terms of Use carefully before using this Site.  By accessing or using this Site in any way, including without limitation, browsing this Site, using any information, posting any messages, and/or submitting any content or personal information to Alive Hospice, Inc. (“Alive Hospice”), you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law. 

1.  Site Content

1. This Site is for your personal and noncommercial use. All contents (excluding user generated content) of this Site are: ©2008 Alive Hospice, Inc. All rights reserved. ALIVE HOSPICE is the trademark of Alive Hospice, Inc.  This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to graphics, logos, audio, and video as well as application forms, brochures, newsletters, blogs and bulletin boards (the “Content”).  Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Alive Hospice and any third party licensors retain all of its and their respective rights, title and interests to the Site and Content. 
   
2. Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of Alive Hospice. 
   
3. This Site is available worldwide to anyone with Internet access.  However, this Site may not be continuously available due to maintenance or repairs, disruptions of the Internet, or other unforeseen circumstances.  Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location.  The Content of this Site is intended for use and display only in the United States and where its use and display are permissible in accordance with applicable laws and regulations.
   
4. The Site is designed for educational purposes only.  Alive Hospice does not provide medical diagnoses or recommendations about medical treatment, and does not recommend or endorse any information that may be contained in the Content for your particular circumstances, including without limitation, any blog posts or commentary. If you think you may have a medical emergency, call your doctor or 911 immediately.
   
5. Nothing contained in these Terms shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights     or under any third party’s intellectual property rights.  Any rights not expressly granted herein are reserved. 

2.  User Conduct
By using this Site, including all Content available through it, you agree that you shall not:

1. delete, modify, hack or attempt to change or alter any of the Content on the Site;
2. use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
3. use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
4. use any Alive Hospice names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords or adwords, or hidden text;
5. use or post any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
6. upload files that contain viruses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
7. provide false information or impersonate someone else; or
8. send any unsolicited confidential or proprietary information through the Site.  Any information or material sent through the Site will be deemed not to be confidential. 

 

3.  Social Media and Public Comments
There may be blogs, bulletin boards, public commentary, and discussion threads on this Site and other Sites operated by Alive Hospice (the “Forums”). The Forums offer an opportunity for communication and information sharing among a variety of participants. Alive Hospice hopes the Forums provide visitors with a wealth of information from fellow participants, including blog contributors and public commentators. However, please take a moment to read these guidelines for participation in the Forums.  These guidelines apply both to content and hyperlinks to external sites posted by Forum contributors. 

1. Alive Hospice encourages discussions, debates and even arguments in blog comments, but please share your thoughts politely and constructively. While we strongly encourage open debates, we want to make sure that they take place in a climate of mutual respect. User generated content that is abusive, vulgar, racist, slanderous, harassing, misleading, irrelevant, or otherwise objectionable will not be posted. Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed.
2. User postings do not represent the professional advice or opinions of Alive Hospice or its staff. The results of any actions you take based on the advice you find in the Forums are your responsibility alone. You are solely responsible and liable for all activities conducted by you in such Forums and for the content of your postings and messages.
3. Users are solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law.  If you violate the terms of this Agreement, you will have your access to the Forums suspended and may permanently be banned from using such Forums.  In the event that any user has concerns that posted information is objectionable, the user is encouraged to contact Alive Hospice.  Alive Hospice will make reasonable efforts to remove the posting if removal is necessary. 
4. You are not allowed to upload, post or transmit any message, data, code or software that would violate the proprietary rights of Alive Hospice or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, or use any trademarks or service marks in an infringing fashion.
5. You are not allowed to upload, post or transmit any materials that include mention of, hyperlinks to, quotes from, uses or inclusion of third party copyrighted works, trademarks, personal names, and/or proprietary or confidential information. Comments containing such elements will not be posted.
6. You are not allowed to post, upload or transmit photos or video of any third party without their express permission.  By uploading, transmitting or posting any video on the Site or Forums, you warrant that you have express permission from all persons appearing in the media.
7. You are not allowed to upload, post or transmit any materials, data or media that includes your personal health information (“PHI”) or the PHI of any third party.  You must protect the privacy of patients, clients, and family members, both living and not living      
8. You are not allowed to upload, post or transmit any advertisements or solicitations of business, chain letters or pyramid schemes, or to upload, post, or transmit the same posting more than once.
9. Comments may approved for posting provided they are on topic, are relevant to the blog entry and do not include any of the previously mentioned elements that would warrant automatic refusal.

Alive Hospice has no obligation to monitor any Forums on this Site. However, Alive Hospice reserves the right to review, distribute, remove or delete any posts in the Forums. Alive Hospice reserves the right at all times to disclose any information as Alive Hospice deems 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 Alive Hospice’s sole discretion.     

By uploading, transmitting or posting any content, you grant Alive Hospice a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part.  You also certify that any person appearing in the transmitted or posted content has authorized Alive Hospice to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part.  Alive Hospice is not obliged to maintain back-up copies of any material submitted or posted on the Forums.  You agree to indemnify Alive Hospice and its employees, affiliates, and directors from any and all claims and losses, including attorneys’ fees, arising from the transmitted or posted contents and any failure to comply with the Terms.    

4.  Permissible Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site, including without limitation application or donation forms, testimonials, media releases, and blogs subject to the following conditions:

1. The Content is used solely for personal, informational, or internal business purposes;
2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
3. all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
4. the Content is not modified or altered in any way; and
5. no graphics are used separately from accompanying text. 

You also may link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:

1. You do not frame the Site or any portion of the Site;
2. you do not deep link into the Site (i.e., you do not link into any page other than the home page);
3. the hyperlink to the Site is not used in a way that suggests that Alive Hospice endorses you or your website;
4. the link to the Site is not used or presented in any way that disparages Alive Hospice or tarnishes, blurs or dilutes the quality of Alive Hospice’s names or trademarks or any associated goodwill; and
5. the link to the Site is not displayed on any web page that displays objectionable content or links.

An "Acceptable Site" means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that:  (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

5.   Modifications to Terms and Site
Alive Hospice may change these Terms from time to time. Please review these Terms periodically for any updates or changes.  Your continued use of this Site or any Forums following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site and the Forums.  Alive Hospice reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site.  Sections 1, 2, 5, 8 and 10-17 of these Terms shall survive any termination. 
 
6.   Your Privacy
Alive Hospice will treat any information it collects from you through this Site in accordance with its online Privacy Policy, which is hereby incorporated by reference.  Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.   

7.   Other Sites, Content, Products and Services
As a convenience to you, this Site or a post in the Forums may provide links to web sites and access to content, products and services of third parties with which our connection consists of only a hyperlink (“Linked Sites”).  You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them.  Alive Hospice does not author, edit or monitor these Linked Sites, and is not responsible or liable for: (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Alive Hospice, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site.  You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with parties other than Alive Hospice found on or through this Site.

8.   Typographical Errors
Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current.  Alive Hospice therefore reserves the right to correct any errors, inaccuracies or omissions (including after a request for information or an application has been submitted) and to change or update information at any time without prior notice.

9.   Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/), Alive Hospice has designated an agent to receive notifications of alleged copyright infringement associated with this Site.  Alive Hospice will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at copyright@alivehospice.org or through the address set forth at the end of this page.  When notifying Alive Hospice of the alleged copyright infringement, please include all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
2. identification of the copyrighted work alleged to have been infringed;
3. a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
4. information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
5. a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.

 

If material is believed in good faith by Alive Hospice to infringe a copyright or otherwise violate any intellectual property rights, Alive Hospice will remove or disable access to any such material.

10.   Disclaimers
The materials on the site have been prepared for informational purposes only and do not constitute legal, financial, or business advice.  The information on the Site and the Forums has been compiled from a variety of sources of varying degrees of authority and is not necessarily reviewed, authored, or compiled by experts.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. ALIVE HOSPICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.  ALIVE HOSPICE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE.

11.    Forum Materials
Alive Hospice is not responsible for the content of the communications and materials uploaded to the Site.  This information should be viewed critically.  Any blogs, messages, advice, opinions or other information contained in any Forum should not be construed as professional advice or instruction.  Users are solely responsible for determining whether Forum information is suitable for their purposes, and reliance on the information is at the user’s sole risk. 

12.   Limitation of Liability
IN NO EVENT SHALL ALIVE HOSPICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, OR USE OF THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF ALIVE HOSPICE HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.  THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13.  Limitation on Actions Brought Against Alive Hospice
You agree that any claim or cause of action arising out of these Terms or your use of this Site or the Forums must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Alive Hospice to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

14.  Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site and/or the Forums requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Alive Hospice, Alive Hospice may seek injunctive or other appropriate relief.  The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect.  No claims of any other parties may be joined or otherwise combined in the arbitration proceeding.  Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding.  Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.  The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.  THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof.  Each party hereby consents (a) to the exclusive jurisdiction of the courts of the State of Tennessee or to any Federal Court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.  Should this Section 14 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Nashville, Tennessee.

15.  Acknowledgement 
You hereby acknowledge (a) that you have read and understood these Terms, and (b) that these Terms have the same force and effect as a signed agreement.

16.  General
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.  Alive Hospice’s failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches.  These Terms will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions.  In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.  These Terms of Use, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. 

17.  Contact Information
If you have any questions about these Terms of Use, the practices of Alive Hospice, or your dealings with this Site, please contact us through the address below.

                       
                        Address:         Alive Hospice, Inc.
                                                1718 Patterson Street
                                                Nashville, TN 37203  

 

Last Updated:  December 30, 2008