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AGREEMENT BETWEEN USER AND Neighborly Care Network
The Neighborly Care Network Web Site is comprised of various Web pages operated
by Neighborly Care Network.
The Neighborly Care Network Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Neighborly Care Network Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Neighborly Care Network reserves the right to change the terms, conditions, and
notices under which the Neighborly Care Network Web Site is offered, including
but not limited to the charges associated with the use of the Neighborly Care
Network Web Site.
LINKS TO THIRD PARTY SITES
The Neighborly Care Network Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
Neighborly Care Network and Neighborly Care Network is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. Neighborly Care
Network is not responsible for webcasting or any other form of transmission
received from any Linked Site. Neighborly Care Network is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by Neighborly Care Network of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Neighborly Care Network Web Site, you warrant
to Neighborly Care Network that you will not use the Neighborly Care Network
Web Site for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Neighborly Care Network Web Site in
any manner which could damage, disable, overburden, or impair the Neighborly
Care Network Web Site or interfere with any other party's use and enjoyment of
the Neighborly Care Network Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the Neighborly Care Network Web Sites.
USE OF COMMUNICATION SERVICES
The Neighborly Care Network Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents.
Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer.
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically allows
such messages.
Conduct or forward surveys, contests, pyramid schemes or
chain letters.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying
the Communication Services.
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Neighborly Care Network has no obligation to monitor
the Communication Services. However, Neighborly Care Network reserves the right
to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Neighborly Care Network reserves the right to
terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Neighborly Care Network reserves the right at all times to disclose any
information as 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 Neighborly Care Network's
sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Neighborly Care Network
does not control or endorse the content, messages or information found in any
Communication Service and, therefore, Neighborly Care Network specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Neighborly Care Network spokespersons,
and their views do not necessarily reflect those of Neighborly Care Network.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Neighborly Care Network OR POSTED AT ANY Neighborly
Care Network WEB SITE
Neighborly Care Network does not claim ownership of the materials you provide
to Neighborly Care Network (including feedback and suggestions) or post,
upload, input or submit to any Neighborly Care Network Web Site or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting Neighborly Care Network, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. Neighborly Care Network is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
Neighborly Care Network's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Neighborly Care Network WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Neighborly Care Network AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Neighborly Care Network WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE Neighborly Care Network WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Neighborly Care Network AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE Neighborly Care Network WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Neighborly Care Network AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Neighborly Care Network AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE Neighborly Care Network WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Neighborly Care Network WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Neighborly Care Network WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Neighborly Care Network WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Neighborly Care Network OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE Neighborly Care Network WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Neighborly
Care Network WEB SITE.
SERVICE CONTACT : dlind@neighborly.org
TERMINATION/ACCESS RESTRICTION
Neighborly Care Network reserves the right, in its sole discretion, to
terminate your access to the Neighborly Care Network Web Site and the related
services or any portion thereof at any time, without notice. GENERAL To the
maximum extent permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the Neighborly Care Network
Web Site. Use of the Neighborly Care Network Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no
joint venture, partnership, employment, or agency relationship exists between
you and Neighborly Care Network as a result of this agreement or use of the
Neighborly Care Network Web Site. Neighborly Care Network's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Neighborly Care Network's right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Neighborly Care Network Web Site or information provided to
or gathered by Neighborly Care Network with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Neighborly Care Network
with respect to the Neighborly Care Network Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Neighborly Care Network with respect to the
Neighborly Care Network Web Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Neighborly Care Network Web Site are: Copyright 2006
Neighborly Care Network and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
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