AGREEMENT BETWEEN USER AND Bruyère Continuing Care
The Bruyère Continuing Care ( Bruyère) Web Site is comprised of various Web pages operated by Bruyère .
The Bruyère Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Bruyère Web Site constitutes your agreement to all such terms, conditions,
Bruyère reserves the right to change the terms, conditions, and notices under
which the Bruyère Web Site is offered, including but not limited to the charges
associated with the use of the Bruyère Web Site.
LINKS TO THIRD PARTY SITES
The Bruyère Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Bruyère and Bruyère 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. Bruyère is not responsible
for webcasting or any other form of transmission received from any Linked Site.
Bruyère is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Bruyère of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bruyère Web Site, you warrant to Bruyère that
you will not use the Bruyère Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the Bruyère Web Site
in any manner which could damage, disable, overburden, or impair the Bruyère Web
Site or interfere with any other party's use and enjoyment of the Bruyère 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 Bruyère
USE OF COMMUNICATION SERVICES
The Bruyère 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.
Bruyère has no obligation to monitor the Communication Services. However, Bruyère
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Bruyère reserves the right to terminate
your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Bruyère 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 Bruyère 's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Bruyère does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, Bruyère 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 Bruyère spokespersons,
and their views do not necessarily reflect those of Bruyère .
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 Bruyère OR POSTED AT ANY Bruyère WEB SITE
Bruyère does not claim ownership of the materials you provide to Bruyère (including
feedback and suggestions) or post, upload, input or submit to any Bruyère Web
Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting Bruyère
, 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. Bruyère is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Bruyère '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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Bruyère WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Bruyère AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Bruyère WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Bruyère 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.
Bruyère 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 Bruyère 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. Bruyère 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 Bruyère 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 Bruyère WEB SITE, WITH THE DELAY OR INABILITY TO USE
THE Bruyère 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 Bruyère WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE Bruyère WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF Bruyère 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 Bruyère
DISCONTINUE USING THE Bruyère WEB SITE.
Bruyère reserves the right, in its sole discretion, to terminate your access to
the Bruyère 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 Bruyère Web Site.
Use of the Bruyère 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 Bruyère as a result of this agreement or use
of the Bruyère Web Site. Bruyère 's performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement is in
derogation of Bruyère 's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Bruyère Web Site or information
provided to or gathered by Bruyère 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 Bruyère with respect to the Bruyère Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and Bruyère with respect to the Bruyère 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
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Bruyère Web Site are: Copyright 2009 QHR Software Inc. and/or
its suppliers. All rights reserved.
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