TERMS OF SERVICE
CONDITIONS AND RESTRICTIONS ON USE
REGISTRATION AND PRIVACY
Portions of the LeadingAge California Network require you to register and provide certain data. In consideration of LeadingAge California’s permission to use and access such portions of the LeadingAge California Network, you represent and warrant that: (a) the information you provide is true, accurate, current, and complete (apart from optional items) as required by various LeadingAge California Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LeadingAge California has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LeadingAge California has the right to suspend or terminate your current or future use of the LeadingAge California Network.
Upon registering at some LeadingAge California Network sites, you will receive a password and LeadingAge California Network userid. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your userid. You agree to (a) immediately notify LeadingAge California of any unauthorized use of your password or account or any other breach of security, and (b) securely close your account at the end of each session. The LeadingAge California Network is not liable for any loss or damage arising from your failure to comply with these requirements.
USER AND THIRD PARTY CONTENT
You agree that you will not use the LeadingAge California Network to:
- disclose to any third party who is not a director, officer, or employee of your facility any facility-specific or plan-specific information accessed through any LeadingAge California Network product or service, other than information about your own facility;
- undertake or accomplish any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, order or regulation;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts;
- use or distribute tools designed or used for compromising security, such as password guessing programs, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the LeadingAge California Network or otherwise that is protected by copyright or other proprietary right, without obtaining permission of the owner. This prohibition shall include, without limitation, the following forms of software piracy:
- making available copyrighted software or other Content that has had the copyright protection removed;
- making available serial numbers for software that can be used to illegally validate or register software;
- making available tools that have no substantial use other than for "cracking" software or illegally accessing copyrighted Content;
- making available any software files for which the user does not own the copyright or have the legal right to distribute.
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the LeadingAge California Network, including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to send or retrieve information;
- restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the LeadingAge California Network or any LeadingAge California host, server or service, or otherwise cause a performance degradation to any LeadingAge California facilities;
- transmit unsolicited bulk or commercial messages or "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- send numerous copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files to a recipient that disrupts a server, account, or forum;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal soliciting scheme;
- participate in the collection or attempted collection of e-mail addresses, screen names, or personal information of others, without their consent, or participate in the use of software (including "spyware") designed to facilitate this activity;
- impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
- interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host;
- use automated means to download data from any LeadingAge California Network database;
- modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any LeadingAge California database;
- upload, publish, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or market;
- access the LeadingAge California Network after your account or access has been terminated by LeadingAge California; or
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the LeadingAge California Network.
LICENSE TO USER CONTENT
With respect to any Content you post or publish using the LeadingAge California Network, you grant LeadingAge California a worldwide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create derivative works of, and distribute such Content. Such license shall apply with respect to any form, media, or technology now known or later developed.
DISCLAIMER OF WARRANTIES; LIMITATION OF DAMAGES
LEADINGAGE CALIFORNIA DOES NOT WARRANT THAT THE LEADINGAGE CALIFORNIA NETWORK WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THE LEADINGAGE CALIFORNIA NETWORK AND ALL MATERIALS AND INFORMATION CONTAINED ON THE LEADINGAGE CALIFORNIA NETWORK ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE LAW, LEADINGAGE CALIFORNIA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. In no event shall LeadingAge California be liable for any damages whatsoever, including, without limitation, direct, indirect, incidental, consequential, supplemental, or punitive damages resulting from the use of or inability to use information or materials available on the LeadingAge California Network. LeadingAge California’s entire liability, if any, shall not exceed the amount, if any, you have paid to LeadingAge California for access to or use of the LeadingAge California Network.
The LeadingAge California Network provides access to certain live "links" to other Internet addresses. Except where otherwise indicated, these external Internet addresses contain information created, published, maintained, or otherwise posted by individuals or entities independent of LeadingAge California. LeadingAge California does not endorse, approve, certify, or control these external Internet addresses, and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at the addresses. Access to external Internet addresses and use of any information obtained from these addresses is voluntary and at your own risk. Reference in the external Internet addresses to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, distributor, or otherwise does not constitute or imply endorsement, recommendation, or favorable opinion of any product, process, or service by LeadingAge California.
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
Certain Content available through the LeadingAge California Network may be owned by third parties and protected by copyright and/or other intellectual property laws. LeadingAge California does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such third-party Content. Where Content is provided from sites outside the LeadingAge California Network, all of the Content contained on such sites is owned by entities other than LeadingAge California. If you intend to make use of any third-party Content accessed through the LeadingAge California Network for any purpose, you must contact the owner of the Content for permission to use it.
The LeadingAge California Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. The LeadingAge California Network does not give advice in any such fields and does not endorse the information provided in this manner.
INDEMNITY AND RELEASE
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the LeadingAge California Network must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
NON-WAIVER AND SEVERABILITY
RELATIONSHIP OF PARTIES
You acknowledge and agree that you and LeadingAge California are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
SUCCESSORS AND ASSIGNS