AGREEMENT--This Terms of Use (“TOU”)
statement is an agreement between the U.S. Living Will Registry (“Registry” also
referred to as “us” here ) and the user of this site (referred to as “you”
here). If you do not agree with the terms of this agreement, do not use the
site. An important function of this agreement is to alert you that the data
presented on this site is not warranted or otherwise guaranteed. Please read
this carefully. If you do not agree to be bound by these Terms and Conditions of
Use, please exit this site promptly.
By accessing the Registry’s website, you agree to
abide by our TOU. The Registry has established these terms of use to protect the
interests of the Registry, our community partners and our registrants,
including, but not limited to each party’s interest in protecting the integrity
of the Registry’s on-line information, protected health information the Registry
may maintain, and the reputation of the Registry, our community partners and our
registrants. You should check for changes to the TOU each time you visit the
Registry’s website, because the Registry may make changes to the TOU at any
time, without giving notice to users.
AUTHORIZED ACCESS-Some areas of this site
may be visited by any member of the public, subject to the terms of this
agreement. Some areas of this site can only be properly accessed by registrants,
prospective registrants, or our community partners. Only registrants,
prospective registrants and/or community partners or healthcare providers with a
legitimate need to know patient advance directive information may enter
passwords, source codes, identification data, etc., at those pages, or view any
information normally and properly accessed via those pages.
Persons duly authorized by the Registry may
access any page or data on this site, and such persons are bound by
confidentiality agreements to keep non public information confidential.
Automated search software, ‘bots such as spiders,
and other robotic agents are limited in their authority to access this site.
These limits are described below and in the associated Robot Exclusion Standards
contained on this site.
Access to any portion of this site in excess of
the authority provided here is a violation of federal criminal law and also
gives rises to civil liability.
We may terminate your access to the website or
any part of it at any time with or without notice, in our sole discretion.
NO MEDICAL ADVICE--The Registry’s website
is not intended to be a substitute for professional medical advice. Do not use
information from the website to diagnose or treat a health condition or disease
without consulting a qualified health care provider. Content on the website is
not intended to be instructional for medical advice, diagnosis or treatment. The
Content should not be considered complete, nor should it be relied on to suggest
a course of treatment for a particular individual or as a substitute for
consultations with qualified health professionals who are familiar with your
individual medical needs. Should you have any health care related questions,
please call or see your physician or other qualified health care provider
promptly.
NO LEGAL ADVICE—The materials on the
publicly available sections of the Registry’s website are for illustrative
purposes only. Neither the entire website, nor any portions thereof are intended
to serve as legal advice regarding any particular situation. Competent
professional counsel should be consulted for any legal planning and advice. Each
state's laws may include separate requirements for advance directives,
healthcare powers of attorney, and similar documents. Each page on this website
is included with the understanding and agreement that neither the authors of
same, nor the Registry (if the Registry is not the author) are engaged in
rendering legal services. If legal or other expert assistance is required, the
services of a competent professional should be sought. The user assumes all
responsibilities and obligations with respect to any decisions or advice made or
given as a result of the use or reliance of any information found on the
Registry’s website.
NO FALSE INFORMATION--You shall not
provide any false information in connection with the use of this site. Also, you
agree to update or correct any information which you have provided if such
information becomes outdated or misleading. You must use the site consistent
with all applicable laws and regulations.
INFORMATION NOT GUARANTEED TO BE RELIABLE--The
information on this site comes from a variety of sources and includes
information that is subject to change without notice. The Registry wants this
information to be up-to-date and accurate, but we cannot guarantee and do not
warrant that the information is accurate, complete, or current; or that your
access will be uninterrupted; or that material accessible from this site is free
of viruses or other harmful computer code. Some of the information displayed on
these pages changes rapidly, sometimes every day, and sometimes from minute to
minute. The accuracy and timeliness of the data is therefore subject to delays
in connectivity across the internet, your systems, and other facilities outside
the control of the Registry. Therefore, you must independently verify the
accuracy of any information presented here.
OWNERSHIP AND OTHER INTELLECTUAL PROPERTY
RIGHTS--This site and all its pages are copyrighted by us, © 2002-05, all
rights reserved. The only exceptions are materials copyrighted by our licensors,
used here by permission. With respect to all the materials on this site, you may
not copy, modify, publish, transmit, distribute, perform, display, or sell any
such information, except for healthcare providers who may make a copy of an
advance directive that they have properly accessed for use in connection with
the treatment of the patient named in the advance directive. If you send us
ideas or concepts through the Internet, including e-mail, you are giving us
ownership of the ideas or concepts, and we are free to use these ideas or
concepts without paying you or obtaining your consent.
E-MAIL--The Registry has your permission
to reply to e-mail you send to us, using the e-mail address(es) you have
provided. You also give us permission to communicate with you in the future
using these e-mail addresses. You understand that co-workers may have access to
your e-mail if you are using a business computer, or family members may have
access if you are using a personal or home computer, and that, therefore, e-mail
sent to you may be seen by others, and the Registry cannot prevent such
unauthorized access. You have given us your agreement to maintain copies of your
correspondence and to use it in any fashion in without paying you or obtaining
your consent.
ROBOT EXCLUSION STANDARDS AND HEADERS--Our
web site contains robot exclusion headers. You will not use any robot, spider,
other automatic device, ‘bot, or manual process to monitor or copy our web pages
or the content contained herein without the Registry’s prior express written
permission including permissions in our robot exclusion headers. You will not
use any device, software or routine to bypass our robot exclusion headers, or to
interfere or attempt to interfere with the proper working of this site. You will
take no action that imposes an unreasonable or disproportionately large load on
our infrastructure. Some information on our site is updated on a real time basis
and is proprietary or is licensed to us by third parties. You will not copy,
reproduce, alter, modify, create derivative works, or publicly display any
content from our website without our prior express written permission, or that
of the appropriate third party. Hidden text used by web search engines to find
websites, also known as metatags, may not be embedded into your website using
any trademarks or servicemarks of the Registry or its affiliates, whether those
trademarks or servicemarks are registered or unregistered. Any such use will be
considered trademark infringement and will be prosecuted.
DISCLAIMERS--We have no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any of your data or data on this site. We are not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems. We are not responsible for any loss or
damage, including personal injury or death, resulting from anyone's use of the
web site or the site or any content posted on the web site or transmitted to
anyone, or any interactions between users of the web site, whether online or
offline.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, SECURITY AND TITLE. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS
THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY--Except
in jurisdictions where such provisions are restricted, in no event will the
Registry be liable to you or any third person for any direct, indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the web site, even if we have been
advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, the Registry’s liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be
limited to $100.00.
Under no circumstances shall the Registry or any
other party involved in creating, producing, or distributing this Site be liable
for any direct, indirect, incidental, special, or consequential damages that
result from the use of, or inability to use, the Site. This limitation on
damages includes but is not limited to damages that result from reliance by you
on any information obtained from the Site, or from mistakes, omissions,
interruptions, deletion of files or email, errors, defects, viruses, delays in
operation or transmission, or any failure of performance (whether or not
resulting from acts of God), communications failure, theft, destruction, or
unauthorized access to the Registry’s records, programs, or services. This
paragraph applies to all content and services and software available through
this site. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states (if their law
is deemed to apply) liability is limited to the fullest extent permitted by law.
This site, including all content, software, and
information made available on this site, is provided "as is." The Registry, its
employees, or agents make no representations or warranties of any kind
whatsoever for the content of this site, for information made accessible by the
software used herein, or for any products or services or hypertext links to
third parties and disclaims any expressed or implied warranties, including
without limitation, non-infringement, fitness, security, or merchantability for
a particular purpose. Please note that the Registry is not responsible for the
content or activities associated with any site or entity that is linked to this
site.
INDEMNIFICATION--You hereby indemnify and
hold harmless the Registry and its directors, officers, employees, control
persons, vendors, licensors and agents, from and against any and all claims,
actions, proceedings, losses, liabilities, damages, costs and expenses
(including reasonable attorney's and experts’ fees and costs) arising out of or
related to (i) any use or access by you (or on your behalf) of the website; (ii)
any breach by you of any agreements, or representations and warranties contained
in these terms and conditions, (iii) any access to or use of the website by you
in violation of any rights of the Registry or any third party, including, but
not limited to, copyright, patent, trade secret, trademark, or other
intellectual property rights and publicity and privacy rights, (iv) any access
to or use of the website by you in violation of any applicable law, rule or
regulation, or (v) any unauthorized access of, or through, the website to any
computer system.
FULL AND COMPLETE AGREEMENT REGARDING WEBSITE--These
terms and conditions represent the complete and exclusive statement of the
agreement between you and us regarding your rights to access and use the website
including the collection of information through this site, and supersedes all
prior agreements and representations (whether written or oral), regarding this
subject matter, except as is otherwise provided herein. This agreement is in
addition to, and does not nullify, any other agreement between you and the
Registry governing the conduct of your relationship with the Registry.
LINKS TO OTHER SITES--Links to third party
websites on this site are provided solely as a convenience. If you use these
links, you will leave this site. The Registry does not claim to have reviewed
these third party sites in their entirety, nor does it control these sites. The
Registry is not responsible for any of these sites or their content. Moreover,
the Registry does not endorse or make any representations about any of the
websites for which links are provided, or any information, software or other
products or materials found there, or any results that may be obtained from
using them. If you decide to access any of the third party sites linked to this
site, you do so entirely at your own risk.
OTHER TERMS--No waiver, modification or
amendment of any of these terms and conditions shall be effective against the
Registry unless it is in writing and signed by an authorized official of the
Registry. We do not waive any power or right under this agreement even if we
don’t always insist on strict compliance with any of these terms and conditions,
or if we delay or fail to exercise any power or right given to us in this
agreement. All rights and remedies given to the Registry in these terms and
conditions are cumulative and not exclusive of any other rights or remedies
which the Registry otherwise has at law or equity. These terms and conditions
shall be binding upon you and your executors, heirs, successors and assigns.
These terms and conditions and your rights and obligations hereunder may not be
assigned by you without the prior written permission of the Registry and shall
inure to the benefit of Registry’s successors and assigns whether by merger,
consolidation or otherwise. The Registry may assign this agreement or any of its
rights or obligations under these terms and conditions.
Any cause of action you may have with respect to
your use of the website must be commenced within one (1) year after the claim or
cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of these terms and conditions to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect
the intent of these terms and conditions, and the remainder of these terms and
conditions shall continue in full force and effect. A printed version of these
terms and conditions shall be admissible in judicial or administrative
proceedings.
CHOICE OF LAW AND PERSONAL JURISDICTION; JURY
TRIAL--This website is created and controlled by us in the State of New
Jersey, U.S.A. The laws of the State of New Jersey govern any disputes between
you and us arising in connection with this agreement, without giving effect to
any principles of conflicts of laws.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION
OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN
APPROPRIATE STATE COURT LOCATED IN THE COUNTY OF UNION, STATE OF NEW JERSEY, OR,
IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS, THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY, TRENTON VICINAGE, AND THE PARTIES
UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.