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Terms of Use

Last updated on January 1, 2012

The information provided on this website is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms, a medical condition or treatment options. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.

If you think you have a medical or psychiatric emergency, call 911 or go to the nearest hospital.

1. General

These terms of use (“Terms of Use”) are for the websites owned, operated or sponsored by the CenterLight Health System and its affiliates and member companies (collectively “CenterLight Health System”). The Terms of Use apply to each of our websites; provided we may add to or supersede certain provisions of these Terms of Use with other provisions located in some of our websites. By using this website, you agree to be bound by these Terms of Use.

2. Modifications

You should review these Terms of Use regularly as they may change at any time at our sole discretion. Your continued use of this website following the posting of changes to the Terms of Use constitutes acceptance of those changes. Modifications will be posted on this website and the “last updated” date at the top of this web page will be revised.

3. Scope of Use

The contents of this website, such as text, graphics, images, animations, videos and/or any other information contained on this website are for personal and informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Reliance on any information provided by CenterLight Health System, our employees, others appearing on the website at our invitation, or other visitors to the website is solely at your own risk.

This website may contain health or medical-related materials that are graphic in nature. If you find these materials disturbing or offensive, you may not want to use our website.

By accessing the website, you agree to (a) use the content of the website solely for personal, informational, non-commercial purposes and (b) keep all copyright and other proprietary notices intact.

CenterLight Health System reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the website at any time. CenterLight Health System may also impose limits on certain features of the website or restrict access to any part or all of the website without notice or penalty.

4. Rules of Conduct

Certain areas of this website permit you to upload, post, e-mail, or otherwise transmit content (collectively, “User Content”). Some users may submit content that contains personally identifiable information. Please review CenterLight Health System’ Privacy Policy at http://www.centerlight.org/privacy-policy before providing any personally identifiable information.

It is a violation of these Terms of Use for you to:

(a) use this website for illegal purposes, in violation of any applicable laws or regulations or in violation of the rules of CenterLight Health System or its service providers;

(b) transmit or distribute any User Content that you do not have a right to transmit (such as confidential information learned as part of employment relationships or under nondisclosure agreements);

(c) transmit or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, or other proprietary right) without the express permission of the owner of such right;

(d) copy, sell, resell, or exploit for commercial purposes any portion of this website;

(e) use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any website pages, content, or user information, except as expressly permitted by CenterLight Health System;

(f) transmit or distribute any User Content that is unlawful, deceptive, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;

(g) intentionally forge headers, manipulate identifiers, use another’s user id or password without authorization, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;

(h) transmit or distribute viruses or other malicious code;

(i) collect user names and contact information and/or send unsolicited commercial communications (spam);

(j) take any action that imposes an unreasonable or disproportionally large load on the website’s infrastructure; or

(k) assist or permit any persons in engaging in any of the activities described above.

Each user of this website, including you,

(a) is responsible for the User Content that the user transmits to this website, and the consequences of its use or submission;

(b) is responsible for ensuring that the User Content that the user transmits and receives through this website complies with all applicable laws and regulations and these Terms of Use;

(c) is responsible for ensuring that all User Content the user transmits to this website is accurate, truthful, up-to-date, and complete; and

(d) will abide by all security and safety measures established by CenterLight Health System or its partners or service providers.
You acknowledge that CenterLight Health System does not pre-screen User Content and shall not be responsible for policing, monitoring, or editing such User Content. CenterLight Health System shall have the right, but not the obligation, to monitor User Content and use of this website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies. CenterLight Health System shall have the right, in its sole discretion, to refuse to post or to remove any User Content on this website that it believes to be in violation of these Terms of Use or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.

5. License

By transmitting User Content to this website, you grant CenterLight Health System a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicensable license to use, reproduce, cache, store, modify, display, distribute, prepare derivative works based on, and transmit such User Content for any purpose, and you waive any and all moral rights and publicity rights in such User Content. CenterLight Health System’s use of your personally identifiable information is described in our Privacy Policy, which is available at http://www.centerlight.org/privacy-policy.

6. Products & Services

CenterLight Health System is not authorized to do business in every jurisdiction. Information that CenterLight Health System publishes on this website may contain references or cross-references to products, programs, or services of CenterLight Health System that are not available in your state or country. Display of a product or service offering on this website is not a guarantee that the item is currently available or that it will be available on this website when you visit again. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of CenterLight Health System. Any description or reference to non-CenterLight Health System products or services in this website is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by CenterLight Health System. CenterLight Health System is not connected with or endorsed by the United States government or the Medicare program.

7. No Warranties

THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. CENTERLIGHT HEALTH SYSTEM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CENTERLIGHT HEALTH SYSTEM SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. CENTERLIGHT HEALTH SYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.

8. Indemnification

You agree to indemnify and hold CenterLight Health System and its affiliates, officers, agents, partners, members and employees harmless from any claim, action, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to your use of this website, the User Content you transmit to this website, your violation of the Terms of Use, or your violation of any law or rights of a third party. CenterLight Health System reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with CenterLight Health System in asserting any available defenses.

9. Proprietary Rights

All trademarks, service marks and logos on this website are the property of their respective owners. CenterLight Health System owns various trademarks, service marks and logos used on this website, including without limitation, Music Has Power™. Unauthorized use of any CenterLight Health System (or of any third-party) trademark, service mark, or logo may violate CenterLight Health System’s or a third party’s legal rights. You must obtain CenterLight Health System’s written permission prior to using any trademark or service mark of CenterLight Health System.

CenterLight Health System and its licensors own all intellectual property rights in this website, except as otherwise expressly indicated. This website is protected by United States and international copyright laws. Any unauthorized use of the Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations. Except as expressly authorized herein, you may not reproduce, modify, display or distribute any text, graphics, images or other content on the website, or the design and layout of the website, without CenterLight Health System’s prior written consent.

10. Additional Policies

Your use of the website confirms and acknowledges your agreement to be bound by and comply with any of CenterLight Health System’s other polices governing the use of the website that are posted on the website or provided to you electronically or otherwise in writing.

11. Limitation of Liability

YOUR USE OF THE WEBSITE AND MATERIALS IS AT YOUR SOLE RISK. IN NO EVENT SHALL CENTERLIGHT HEALTH SYSTEM AND ITS PARTNERS, OR ANY OF THEIR AGENTS, REPRESENTATIVES, MEMBERS OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER THEORY, INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEBSITE.

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, CenterLight Health System’s liability will be limited to the fullest extent permitted by applicable law.

12. Violations; Termination of Usage

CenterLight Health System may terminate or suspend your access to all or part of this website immediately and without notice for any conduct that CenterLight Health System, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of CenterLight Health System or any third party. Upon termination, you must cease use of this website and its content. CenterLight Health System reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access to the website from a particular Internet address.

13. Third-Party Sites and Linking

As a convenience to users, this website contains links to websites, as well as embedded websites, operated by third parties (“Third-Party Sites”). Third-Party Sites are not under the control of CenterLight Health System, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, not CenterLight Health System, terms of use and privacy policies. CenterLight Health System is not responsible for, does not endorse, and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. We reserve the right to terminate a link to a Third-Party Site at any time. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, nor that we are affiliated with the Third-Party Site’s owners or sponsors.

Unless otherwise set forth in a written agreement between you and CenterLight Health System, you must adhere to CenterLight Health System’s linking policy as follows: (i) any link to this website must be a text only link (you may not use CenterLight Health System’s logo as a link), (ii) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with CenterLight Health System’s name or any CenterLight Health System trademark or service mark; (iii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with CenterLight Health System; (iv) when selected by a user, the link must display the website on full-screen and not within a “frame” on the linking website; and (v) CenterLight Health System reserves the right to revoke its consent to the link at any time and in its sole discretion.

14. Security / Passwords

Certain features of this website may provide you with the option of setting up an account for which you will receive a user ID and password for future access to your account. User IDs and passwords are confidential and proprietary. It is a violation of these Terms of Use for you to share your user ID and password, or to use your user ID and password for unauthorized purposes. You are solely responsible for any unauthorized use of your user ID and password.

15. Disclosures

CenterLight Health System may preserve and disclose User Content if expressly authorized by the User or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CenterLight Health System, website users, or the public.

16. Governing Law

The laws of the State of New York, USA shall govern these Terms of Use, without reference to its choice of law rules. If there is any dispute about or involving this website, you agree that the dispute will be resolved in a court located in the State of New York, USA. You agree to submit to the personal jurisdiction of the courts located in the State of New York, USA for the purpose of litigating all such claims.

17. Compliance with Laws

The information provided on this website is 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 law or regulation or which would subject CenterLight Health System to any registration requirement within such jurisdiction or country. CenterLight Health System makes no representation that the information in the website is appropriate or available for use in other locations, and access to the website from territories where the content of the website or use of the services offered herein may be illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.

18. Miscellaneous

These Terms of Use, as modified from time to time and including any policies that are incorporated by reference, set forth the entire understanding and agreement between you and CenterLight Health System with respect to the subject matter hereof. CenterLight Health System shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of CenterLight Health System. CenterLight Health System’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court 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 will remain in full force and effect. These Terms of Use are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Use will be in the English language.

19. Questions

If you have any questions about these Terms of Use, please e-mail us at info@centerlight.org.

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