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CHAMP Program Funders

CHAMP was funded in part with generous support from Atlantic Philanthropies and the John A. Hartford Foundation.
 

Please read this agreement carefully before using the CHAMP Program web site.

TERMS & CONDITIONS OF USE

Welcome to the CHAMP Program’s web site (the “Site”). The Center for Home Care Policy & Research (the “Center”) at the Visiting Nurse Service of New York (VNSNY) owns and operates this web site including all information, communications, articles, text, graphics, opinions and audio or visual materials (collectively “Content”). By using this Site you agree to be bound by these Terms & Conditions of Use.

THE CONTENTS OF THIS SITE DO NOT CONSTITUTE MEDICAL ADVICE

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.

VNSNY and the Site 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.

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 CHAMP are trademarks and service marks of VNSNY.  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 the CHAMP Program, or are used by the CHAMP Program under license from the owner. You may use them for personal and non-commercial purposes only. You may not modify, distribute, sell or otherwise disseminate the contents.

Neither the CHAMP Program nor VNSNY give any warranties, express or implied, regarding the Contents. Neither VNSNY, the CHAMP Program, nor their affiliates and subsidiaries, shall be liable for any damage including but not limited to direct, indirect, incidental, consequential or other damages resulting from the use of or the inability to use this Site. 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.

You agree to indemnify and hold harmless VNSNY, the CHAMP Program, and their affiliates, officers, directors, employees, agents and subcontractors from any lawsuits, judgments, liabilities, claims, or demands (including, costs, expenses, court costs and reasonable attorneys’ fees) resulting from your use of the Contents of this Site or the use by any third-party of the Contents arising out of your use of this Site.

For your convenience, the Site may contain links to the web sites of third-parties on which you may be able to obtain content and/or download software. Except as otherwise noted, such third party web sites, and such content and software are provided by companies which are not affiliated with and independent of the CHAMP Program and VNSNY.  Neither the CHAMP Program nor VNSNY endorse or make any representations or warranties concerning such web sites, and said parties may have not reviewed such content or software. The CHAMP Program and VNSNY have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites. In addition, the CHAMP Program and VNSNY cannot censor or edit the content of any third-party site. Therefore, the CHAMP Program and VNSNY make no representation as to the accuracy or any other aspect of the information contained in or on such web sites, sources or servers, nor do the CHAMP Program or VNSNY necessarily endorse such web sites or sources.

By using the Site, you expressly relieve VNSNY and the CHAMP Program from any and all liability arising from your use of any third-party web site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of every other web site that you visit.

Limits of Liability

Your expressly acknowledge that use of the Site is at your sole risk. Neither the CHAMP Program, VNSNY, nor their affiliated companies, employees, agents, third-party content providers or licensors (collectively the “CHAMP Program Parties”) warrant that the Site will be uninterrupted or error free; nor do they 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. The Site is provided on an “as is” 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 record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that neither VNSNY nor the CHAMP Program is 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 VNSNY, the CHAMP Program, the CHAMP Program Parties, or any person or entity involved in creating, producing or distribution the Site for liable for any indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Site. You hereby acknowledge that the provisions of this section shall apply to all Content on the Site.

In addition to the terms set forth above, neither VNSNY, nor the CHAMP Program Parties shall 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. 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 consequential damages and the aggregate, total liability of the CHAMP Program Parties consequential damages and the aggregate, total liability of the CHAMP Program 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 se 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 CHAMP Program’s and VNSNY’s 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 VNSNY and/or the CHAMP Program without restriction.

Unauthorized Downloading or Distribution

Any unauthorized downloading and distribution of any copyrighted material from this web 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 York’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, the CHAMP Program and/or VNSNY that arises in whole or in part from the Site 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 CHAMP and/or VNSNY on the Site, shall constitute the entire agreement between you and the CHAMP Program and/or VNSNY 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 CHAMP Program and/or VNSNY's failure to assert any right or provision under these Terms & Conditions of Use shall not constitute a waiver of such right or provision. VNSNY and the CHAMP Program 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, the CHAMP Program and VNSNY 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 CHAMP Program and VNSNY 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 web site.

Your Responsibilities

You may use the Site and services for lawful, non-commercial purposes only. When writing tool reviews you must comply with the Tool Review Guidelines

Before you post a tool review, please take a few moments to read the following guidelines.  By contributing a tool review, you acknowledge and accept these guidelines.  Please note that certain offensive words, phrases or entire content may be removed if they violate this agreement or the Site's Terms of Use.

CHAMP Tool Review Guidelines - Dos and Don'ts:

Do:

• Support your opinions with facts, whenever possible

• Be respectful of the opinions and experiences of others

• Keep your language clean.  Profanity and vulgarity are inappropriate

• Remember that your tool reviews are public and accessible by anyone.  Keep personal details like your address, telephone number, etc., private

• Use common sense when reviewing information from other members.  Information may be inaccurate or not apply to your situation

Don't:

• Threaten, harass, attack or "flame" other members or organizations

• Post links to inappropriate web sites or other offensive content

• Claim to be someone you are not or to have experience or credentials that you do not

• Post comments that can be construed as advertising or "spam".  This includes selling a product, asking for a job, or posting links to other web sites

• Send unsolicited or bulk communications such as "spam"

• Steal others' words and post them as your own, especially copyrighted material

• Post anything illegal

The guidelines may be updated from time-to-time at the CHAMP Program’s and/or VNSNY's sole discretion. Please check them frequently for the most recent information. You may not use the Site, including Community features, 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 users to submit reviews of CHAMP"s evidence-based tools and resources in the tools library (a "tool review"). When you submit a tool review, keep in mind that it 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 also important that you act responsibly when providing a tool review. 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 reviews. Your tool reviews must comply with the CHAMP Tool Review Guidelines enumerated above.

You (or the author) continue to own the copyright in your reviews but, by submitting them, 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.

Your Use of Content

All of the content available on or through the services and/or the site is owned by us, our suppliers, and our contributors, 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, including the right to clip designated modules and paste them on a CHAMP Program personal or Community page or other personal web page, in accordance with the clip and paste rules built into each module. Some modules may not be clipped, some modules may be clipped, but only pasted on pages within the Site, and others can be clipped and pasted on any personal web site on the net. You may not circumvent these built-in usage rules. 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.

Community Moderation

The CHAMP Community employs Community Moderators, who help maintain a safe, positive atmosphere for Community members. The role of the moderator is to foster friendly communication and enforce Community rules. The moderator is an active member of the Community, and is there to help ensure your Community 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 Community Guidelines or the web site's Terms & Conditions of Use or are unrelated to the topic at hand. In the event that a Community 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.

Filters and Notifications

The Site has enabled content filters to prevent certain offensive words and phrases from being posted. If your tool review contains a word that has been filtered, you will not be able to submit it. The Site has also enabled content notifications, to notify us when certain words or phrases are used.

Linking To This Web Site

You generally do not need to obtain permission from the CHAMP Program to put a text link on your site that links back to the CHAMP 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 CHAMP Site.