By using or continuing your use of this Site, 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.
1. Site Content
- This Site is for your personal and noncommercial use. All contents of this Site are: ©2008 Alive Hospice, Inc. All rights reserved. ALIVE, THE GIFT INITIATIVE and the Alive logo are trademarks of Alive Hospice, Inc. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to text, photographs, buttons, images, graphics, logos, audio, and video as well as application forms, brochures, newsletters, blogs and bulletin boards (collectively, the “Content”), and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws, are protected under any applicable intellectual property laws and are the sole and exclusive property of Alive (collectively, “Intellectual Property Rights”). 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 and any third party licensors retain all of its and their respective right, title and interest to the Site and Content.
- This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs, computer problems or crashes, disruptions of the Internet or of other third-party vendors and suppliers, 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. The Content of this Site, including advertising content, 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.
- Certain materials on this Site may be furnished by third parties. You may use such third-party materials only as expressly authorized by the applicable third-party owner. Certain product, service, or company designations for companies other than Alive may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
- This Site is designed for educational purposes only. Alive does not provide medical diagnoses or recommendations about medical treatment, and does not recommend or endorse any information or product that may be contained in the Content for your particular circumstances, including without limitation, any blog posts or commentary. The Content and/or any other information on this Site are not intended in any way to be a substitute for professional medical, pharmaceutical, nutritional, and/or physical fitness advice. Alive encourages you to consult your health care provider with any questions or concerns you may have regarding any medical condition. Never disregard medical advice or delay in seeking it because of something that you have read on this Site. If you think you may have a medical emergency, call your doctor or 911 immediately.
- 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 the 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, and shall not permit any third party to:
- Delete, modify, republish, frame, print, download, copy, duplicate, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, hack, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part;
- 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;
- 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;
- use any Content, including but not limited to Alive names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords or adwords, or hidden text;
- remove, change or obscure any identification marks or notices of Intellectual Property Rights;
- 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;
- upload files that contain viruses, worms, time bombs, Trojan horses, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic name, material or information;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party;
- solicit personal information from anyone;
- provide false information or impersonate someone else; or
- 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.
There may be blogs, bulletin boards, public commentary, and discussion threads on this Site and other Sites operated by Alive (the “Forums”). The Forums offer an opportunity for communication and information sharing among a variety of participants. Alive 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:
- Any comments, content, messages, text, opinions, suggestions, ideas, materials (including without limitation photographs and graphics) and other submissions (“User Submissions”) that you send to Alive or otherwise post, upload, submit, display, publish or share (hereinafter “post”) through the Forums are not confidential.
- Alive 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.
- User Submissions do not represent the professional advice or opinions of Alive 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 User Submissions. You agree that you will not seek to hold Alive liable for the User Submissions of others.
- 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 these Terms, 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. Alive will make reasonable efforts to remove the posting if removal is necessary.
- You are not allowed to upload, post or transmit any message, data, code or software that would violate the proprietary rights of Alive 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. You agree that your User Submission(s) will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
- 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.
- 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
- 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.
- Alive may be approved for posting provided they are on topic, are relevant to the Forum and do not include any of the previously mentioned elements that would warrant automatic refusal. Alive has no obligation to monitor any Forums on this Site. However, Alive reserves the right to review, distribute, remove or delete any posts in the Forums. Alive Reserves the right at all times to disclose any information as Alive 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's sole discretion.
- Alive 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.
4. User Submissions
By uploading, transmitting or posting any content and/or User Submission through this Site or the Forums, you grant Alive 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 to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part. Alive is not obliged to maintain back-up copies of any material submitted or posted on the Forums.
To the extent that you provide any information, including but not limited to personal information through the referral link, to Alive or its representatives, you acknowledge and agree that you do so at your own risk, and represent, warrant and covenant that (i) you are providing only your own information or the information of others which you are authorized to provide to third parties; and (ii) the use of such information by Alive will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties, or violate any applicable law, rule or regulation.
5. Permissible Use of Content
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:
- The Content is used solely for personal, informational, or internal business purposes;
- the Content is not provided, transmitted, distributed, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
- all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
- the Content is not modified or altered in any way; and
- 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:
- You do not frame the Site or any portion of the Site;
- you do not deep link into the Site (i.e., you do not link into any page other than the home page);
- the hyperlink to the Site is not used in a way that suggests that Alive endorses you or your website;
- the link to the Site is not used or presented in any way that disparages Alive or tarnishes, blurs or dilutes the quality of Alive's names or trademarks or any associated goodwill; and
- 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. Notwithstanding the foregoing, you acknowledge and agree that this limited right to link to the Site is revocable by Alive at any time. Alive reserves the right to prohibit linking to any website for any reason even if such site meets the foregoing criteria for an Acceptable Site.
6. Modifications to Terms and Site
Alive may change these Terms from time to time by posting updated Terms on the Site. Please review these Terms periodically for any updates or changes. Upon posting of any new agreement or changes to these Terms (including changes or modifications to the Privacy Practices, such new agreement, changes or policy will govern your use of this Site and you acknowledge that you are deemed to accept and agree to be bound by such new changes when you continue to use this Site. Your continued use of this Site 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.
7. Access to Site
Alive 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. Alive may also impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that Alive will not be liable to you or any third party in the event that Alive exercises its right to modify or terminate access to the Site or portions of the Site. These Terms shall survive any modification or termination of your access to the Site.
8. Your Privacy
9. Other Sites, Content, Products and Services
For your ease and convenience, Alive has set up a secure online donation form that is hosted on a secure server. Online donations are processed by a third party. Alive shall not be responsible or liable for any loss or damage incurred from your use of such third-party payment website. To keep your personal information safe, the third-party payment website uses 128-bit Secure Socket Layer (SSL) technology, the industry-standard encryption technology for secure Internet transactions. All of your information is encrypted. To protect your information once it is received by Alive, firewalls are designed to keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters “https” (rather than “http”) located in the URL address window at the top of your browser will indicate that you are using a secure browser.
You understand that our Site and software embodied within our Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Alive and/or content providers who provide content to Alive. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
11. 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 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.
12. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/), Alive has designated an agent to receive notifications of alleged copyright infringement associated with this Site. Alive 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 firstname.lastname@example.org or through the address set forth at the end of this page. When notifying Alive of the alleged copyright infringement, all of the following information must be included:
- 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;
- identification of the copyrighted work alleged to have been infringed;
- a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
- information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
- 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
- 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 to infringe a copyright or otherwise violate any intellectual property rights, Alive will remove or disable access to any such material.
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 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, SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALIVE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT, INCLUDING ANY THIRD PARTY CONTENT, WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (D) DEFECTS, IF ANY, WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALIVE OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, USER SUBMISSIONS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
14. Limitation of Liability
IN NO EVENT SHALL ALIVE 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 THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF ALIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEMS, 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. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ALIVE IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF YOUR USE OF THE SITE, ANY CONTENT CONTAINED ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH OR PURCHASED THROUGH THE SITE, ALIVE'S TOTAL, AGGREGATE, CUMULATIVE LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00). 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.
You agree to indemnify, defend and hold Alive, its affiliates, shareholders, directors, officers, co-branders, parents, subsidiaries, licensors, suppliers, partners, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by any other person accessing the Site on your behalf, any User Submission, your violation of these Terms or your violation of any rights of another.
16. Limitation on Actions Brought Against Alive
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 to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
17. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of this Site 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 or the Privacy Practices, Alive 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 17 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.
These Terms, and any policies contained on this Site are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease your use of this Site. Your use of this Site is at your sole risk. If you are dissatisfied with this Site, its Content, or any of these Terms and policies, your sole and exclusive legal remedy is to discontinue using this Site.
20. Contact Information
Alive Hospice, Inc.
1718 Patterson Street
Nashville, TN 37203
Attn: Director of Regulatory Compliance
Last Updated: February 20, 2014