NCH Cares Terms of Use

The NCH Healthcare System ("NCH") operates the NCHCares.com web site (this "Site") as a free online service to help families and friends stay in touch during important life events, such as medical treatment, childbirth or adoption. You may use this Site only if you comply with and agree to be bound by these Terms of Use.

Your Consent

Please take a few minutes to review these Terms of Use before using this Site. By creating or visiting an NCH Cares site or otherwise using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Authors and Visitors

When you use this Site to create or maintain your own NCH Cares site, you are an “author.” When you use this Site to view general content or visit another person’s NCH Cares site, you are a “visitor.”

NCH Cares Privacy Policy

Our Privacy Policy describes the information we collect when you and others use this Site, for example, to create or visit an NCH Cares site. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please review our Privacy Policy.

These Terms of Use May Change

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked "Terms of Use" at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will alert you by posting a notice on our home page for 60 days. If more than 60 days goes by between your visits to this Site, be sure you review these Terms of Use to see if they have been revised since your last visit.

You may access the current version of these Terms of Use at any time by clicking the link marked "Terms of Use" at the bottom of each page of this Site.

Responsibility For Content Posted on This Site

Each author and visitor is solely responsible for the information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content") he or she posts on this Site. This means that you, and not the NCH Healthcare System, are entirely responsible for all Content that you upload, post, transmit or otherwise make available to others using this Site.

Under no circumstances will the NCH Healthcare System be liable in any way for any Content posted on or made available through this Site by you or any third party.

NCH Healthcare System does not control the Content posted on individual NCH Cares sites and, as such, does not guarantee the suitability, accuracy, integrity or quality of such Content. In particular, NCH Healthcare System does not control and is not responsible for the accuracy, correctness, completeness, or currency of any medical and/or patient information posted on or made available through an individual's NCH Cares site.

You understand that by maintaining or visiting an NCH Cares site, you or your visitors may be exposed to Content that is offensive, indecent or objectionable.

Restrictions on Your Use of this Site

You agree not to use this Site to:

  • upload, post, transmit or otherwise make available
    • any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • any Content that you know to be false, misleading, or fraudulent;
    • any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
    • any request for or solicitation of money, goods, or services for private gain;
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • any photograph without the permission of each person in the photograph;
    • the name of any individual without that person’s knowledge and consent;
    • any Content, including any medical information, about an identifiable person without that person's permission;
    • information about another NCH Cares site
    • any Content inconsistent with the values or the spirit of the NCH Cares user community;
  • link one NCH Cares site to another without consent of author of that NCH Cares site, link one NCH Cares site to another outside of the Links page on the NCH Cares site;
  • promote any illegal activity;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • interfere with or disrupt the Service or servers or networks connected to the Service;
  • in violation of any local, state, national or international law, rule or regulation;
  • "stalk" or otherwise harass another; or
  • collect or store personal data about other users of this Service.

By uploading, posting, transmitting or otherwise making any Content available on or through this Site, you are granting NCH Healthcare System a non-exclusive right to copy, modify, publish and distribute publicly, and prepare derivative works of that Content in accordance with these Terms of Use. If any part of the Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that Content available to us.

You understand that NCH Healthcare System does not pre-screen the Content posted on or available through individual NCH Cares sites, but that NCH Healthcare System and its designees will have the right (but not the obligation) in their sole discretion to remove any Content that is posted on or available through an NCH Cares site. Without limiting the foregoing, NCH Healthcare System and its designees will have the right to remove any Content that violates these Terms of Use or is otherwise objectionable.

You acknowledge, consent and agree that NCH Healthcare System may access, preserve, and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for assistance; or (e) protect the rights, property, or personal safety of the NCH Healthcare System, its users and/or the public.

Ownership of Site and NCH Cares Content

This Site, including all of the personalized NCH Cares sites and all of the Content on this Site (other than the Content individuals post on NCH Cares sites) is owned by the NCH Healthcare System. No right, title or interest in this Site, your NCH Cares site, or any Content on this Site (other than the Content authors and visitors post on NCH Cares sites) is transferred to you under these Terms of Use.

Ownership of Feedback

The NCH Healthcare System welcomes your comments and feedback regarding this Site. All information and materials submitted to NCH Cares through this Site, such as any comments, feedback, ideas, questions, designs, data or the like (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask you not to send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting Feedback to NCH Healthcare System through this Site, you assign to NCH Healthcare System, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Feedback you submit. NCH Healthcare System will be entitled to use any Feedback you submit through this Site, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way.

You are responsible for the information and other Content contained in any Feedback you submit to us through this Site, including, without limitation, their truthfulness and accuracy.

The term "Feedback" does not include the Content posted on an NCH Cares site.

Right to Modify or Discontinue Site

NCH Healthcare System reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. You agree that the NCH Healthcare System will not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

Links to Other Sites

This Site, including, without limitation, individual NCH Cares sites, may provide links to other World Wide Web sites or resources. Because NCH Healthcare System has no control over such sites and resources, you acknowledge and agree that NCH Healthcare System is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NCH Healthcare System will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Disclaimer of Warranties and Limitations Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NCH HEALTHCARE SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

UNDER NO CIRCUMSTANCES, WILL NCH HEALTHCARE SYSTEM, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF, INABILITY TO USE, OR RELIANCE ON THIS SITE OR ANY PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR NCH CARES SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF NCH CARES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NCH HEALTCARE SYSTEM, ITS SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED THE ONE HUNDRED DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Additional Terms for Authors of NCH Cares sites

The following additional terms apply when you use this Site to create or maintain an NCH Cares site:

Authors Must Be At Least Eighteen

You must be at least 18 years old to create and maintain an NCH Cares site. If you are under 18, your parent or guardian may create and maintain an NCH Cares site for you. Your parent or guardian must register as the author and select the privacy level for the NCH Cares site.

Author Registration Information

As the author of an NCH Cares site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the setup account form on the “Setup Account” Page, and (b) to maintain and promptly update the Author Account Information to keep it true, accurate, current and complete.

Manager Password

As the Manager of an NCH Cares site, you will be asked to choose a unique password (your “Manager Password”). When you sign in using your Manager Password, you will be able to update your NCH Cares site and set the level of privacy for your NCH Cares site. You may change your Manager Password at any time.

You are responsible for maintaining the confidentiality of your Manager Password and are fully responsible for all activities that occur under your Manager Password. You agree to notify NCH Cares immediately of any known or suspected unauthorized use of your Manager Password or any other breach of security. NCH Cares cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your Manager Password.

Privacy settings for NCH Cares sites

The author of an NCH Cares site may choose from the following menu of privacy settings:

  • Registration required:
    • Visitors must know the web address (URL) of the NCH Cares site to visit the site. In addition, if the author chooses to create a Visitor Username/Password, visitors must know the Visitor Username/Password to visit the NCH Cares site.
    • Visitors will be required to register before viewing or posting entries to the NCH Cares site.
    • You may create an “Approved Visitor List” so that only those Visitors who are registered and on the Approved Visitor List may view or post entries to the NCH Cares site.
    • You may create a “Blocked Visitor List” so that Visitors who are registered and on the Blocked Visitor List will not have access to the NCH Cares site.
Term and Cost of Service

Unless one of the other provisions of these Terms of Service applies:

  • NCH Healthcare System will host your NCH Cares site at no charge to you for one (1) year from the date you create your NCH Cares site.
  • At the end of one (1) year, we will review your NCH Cares site for activity. If your NCH Cares site is still active, we will contact you and, if you wish, continue to maintain your NCH Cares site at no charge to you. If your NCH Cares site has been inactive for at least six months as of the end of the first year, we will delete your NCH Cares site.
  • After the first year, we will periodically review your NCH Cares site for activity. After the first year, we will delete inactive Web Pages after a six (6) month period of inactivity.
  • You may delete/unregister your NCH Cares site at any time.
Termination

As the author of an NCH Cares site, you agree that NCH Healthcare System may, under certain circumstances and without prior notice, immediately delete your NCH Cares site. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in NCH Cares’s sole discretion and that the NCH Healthcare System will not be liable to you or any third-party for deletion of your NCH Cares site.

Additional Terms for Visitors

The following additional terms apply when you use this Site to visit an NCH Cares site:

Visitor Registration Information

As a visitor of NCH Cares, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form on the “Visitor Registration” page, and (b) to maintain and promptly update your Visitor Registration Information to keep it true, accurate, current and complete.

Visitors Must Be At Least Thirteen to register

You must be at least 13 years old to register as a visitor. If you are under 13, your parent or guardian may create and maintain an NCH Cares account for you. Your parent or guardian must register as the visitor.

General Terms Protect the Privacy of Your NCH Cares site and the NCH Cares sites You Visit

Every member of a caring community, including the author, family and all visitors, is responsible for maintaining the confidentiality of the web site address (“URL”), the author’s unique username/password, and any visitor username/password. Our system provides a measure of privacy only if the web site address, the author’s username/password, and the visitor username/password are not shared with others without the author’s permission.

NCH Cares has no way of knowing and will not be responsible or liable if the individual accessing an NCH Cares site obtained the web site address or the other settings through improper means.

In addition, individuals using this Site must understand that the Internet is inherently insecure and no web site operator can guarantee that a web site is secure. NCH Cares does not warrant that this Site or any NCH Cares site is secure or "hacker-proof"; you use this Site solely at your own risk.

Take Special Care to Protect Children Under the Age of Thirteen

Caring communities may include friends and family of all ages. Special care must be taken to protect children under the age of 13. For this reason, NCH Cares does not permit children to create or maintain their own NCH Cares sites – a parent or guardian must register as the author and take responsibility for the NCH Cares site. We require that our authors and their visitors take similar precautions before giving a child under the age of 13 access to an NCH Cares site. Neither authors nor visitors may provide the web site address or password for an NCH Cares site to a child under the age of 13 without the express consent of the child’s parent or guardian.

We recommend that parents and guardians instruct their children on the safe use of an NCH Cares site and supervise their children as necessary. An excellent resource for teaching children to use the Internet safely is available at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html.

Choice of Law and Forum

These Terms of Use and the relationship between you and NCH Cares will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and NCH Cares agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Collier, Florida.

Waiver and Severability of Terms

All waivers must be in writing and signed in ink on behalf of NCH Cares. The failure of NCH Cares to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headings

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Entire Agreement

These Terms of Use and the Privacy Policy together constitute the entire agreement between you and NCH Cares and govern your use of this Site, superseding any prior understandings or agreements between you and NCH Cares. This Agreement may be amended or modified only as set forth above.

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