Terms & Conditions
1. ACCEPTANCE
By using The New York Association of Homes and Services for the Aging (“NYAHSA”) Website or any products and services accessed through the NYAHSA Website (collectively the “NYAHSA Network”), you agree to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual NYAHSA Network website, product or service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Your permission to access and use the NYAHSA Network is conditioned on your compliance with these Terms and Conditions. You acknowledge and agree that NYAHSA may terminate your access to the NYAHSA Network should you fail to comply with these Terms and Conditions or any other guidelines and rules published by NYAHSA. NYAHSA reserves the right to terminate your access to the NYAHSA Network for any reason or for no reason at all, in NYAHSA's sole discretion, without prior notice.
3. REGISTRATION AND PRIVACY
Portions of the NYAHSA Network require you to register and provide certain data. In consideration of NYAHSA’s permission to use and access such portions of the NYAHSA 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 NYAHSA 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 NYAHSA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NYAHSA has the right to suspend or terminate your current or future use of the NYAHSA Network.
All NYAHSA Network registrations become the exclusive property of NYAHSA, its affiliates, and subsidiaries. NYAHSA reserves the right to use and reuse all registration and other personally identifiable user information subject to the NYAHSA Network Privacy Policy.
4. ACCOUNT SECURITY
Upon registering at some NYAHSA Network sites, you will receive a password and NYAHSA 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 NYAHSA 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 NYAHSA Network is not liable for any loss or damage arising from your failure to comply with these requirements.
5. USER AND THIRD PARTY CONTENT
You acknowledge and agree that NYAHSA is not responsible for any information, code, data, text, software, music, sound, photographs, graphics, video, messages, files, or other materials ("Content"), that are posted, published or transmitted using the NYAHSA Network. NYAHSA does not guarantee the accuracy, integrity, or quality of such user or third-party Content. NYAHSA is not liable for any user or third-party Content, including, but not limited to, any errors or omissions in any such Content, or any loss or damage of any kind incurred as a result of the use of any such Content transmitted via the NYAHSA Network. NYAHSA is not obligated to pre-screen user or third-party Content posted or published on the NYAHSA Network although NYAHSA reserves the right to do so. NYAHSA reserves the right to monitor some, all, or no areas of the NYAHSA Network for adherence to these Terms and Conditions or any other rules or guidelines posted by NYAHSA.
You acknowledge and agree that NYAHSA has the right (but not the obligation), in its sole discretion, to remove, block access to, or refuse to publish any Content that is available via the NYAHSA Network at any time, for any reason, or for no reason at all, with or without notice. NYAHSA may also terminate access to the NYAHSA Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You expressly acknowledge and agree that NYAHSA may preserve Content and may also disclose Content 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 and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NYAHSA, its users and the public.
6. PROHIBITED CONDUCT
You agree that you will not use the NYAHSA 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 NYAHSA 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 NYAHSA 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 NYAHSA 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 NYAHSA Network or any NYAHSA host, server or service, or otherwise cause a performance degradation to any NYAHSA 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, withouth 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 NYAHSA 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 NYAHSA 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;
- disobey any NYAHSA employee or representative or interfere with any action by any NYAHSA employee or representative to redress any violation of these Terms and Conditions;
- access the NYAHSA Network after your account or access has been terminated by NYAHSA; or
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the NYAHSA Network.
6. LICENSE TO USER CONTENT
With respect to any Content you post or publish using the NYAHSA Network, you grant NYAHSA a world-wide, 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.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF DAMAGES
NYAHSA DOES NOT WARRANT THAT THE NYAHSA NETWORK WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. THE NYAHSA NETWORK AND ALL MATERIALS AND INFORMATION CONTAINED ON THE NYAHSA NETWORK ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE LAW, NYAHSA DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. In no event shall NYAHSA 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 NYAHSA Network. NYAHSA’s entire liability, if any, shall not exceed the amount, if any, you have paid to NYAHSA for access to or use of the NYAHSA Network.
8. THIRD-PARTY CONTENT
The NYAHSA 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 NYAHSA. NYAHSA 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 NYAHSA.
9. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
Certain Content available through the NYAHSA Network may be owned by third parties and protected by copyright and/or other intellectual property laws. NYAHSA 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 NYAHSA Network, all of the Content contained on such sites is owned by entities other than NYAHSA. If you intend to make use of any third-party Content accessed through the NYAHSA Network for any purpose, you must contact the owner of the Content for permission to use it.
10. NO LICENSE
Except as expressly provided, nothing in these Terms and Conditions, or within the NYAHSA Network shall be construed as conferring any license under any of NYAHSA's or any third party's intellectual property rights.
11. PROFESSIONAL INFORMATION
The NYAHSA Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. The NYAHSA Network does not give advice in any such fields and does not endorse the information provided in this manner.
12. INDEMNITY AND RELEASE
By using the NYAHSA Network, you agree to indemnify, defend and hold harmless NYAHSA and its subsidiaries, affiliates, officers, and employees from and against any and all losses, claims, damages, costs and expenses, including, but not limited to, reasonable attorneys’ fees, that may arise from your use of the NYAHSA Network or your breach of these Terms and Conditions. NYAHSA will provide notice to you of any such action or claim, and reserves the right to participate in the investigation, settlement and defense of any such action or claim.
13. 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 NYAHSA Network must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
14. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
These Terms and Conditions shall be construed in accordance with the laws of the State of New York, without giving effect to its principles of conflicts of laws. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the NYAHSA Network shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Albany, New York, and judgment on the arbitration award may be entered in any state or federal court in New York having jurisdiction thereof. Except as set forth above, the state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or use of the NYAHSA Network. By using the NYAHSA Network you agree that the venue of any litigation arising out of or related to your use of the NYAHSA Network shall be in the state and federal courts of New York.
15. CHANGES IN TERMS AND CONDITIONS
NYAHSA reserves the right to modify these Terms and Conditions at any time. Your continued use of the NYAHSA Network constitutes your agreement to comply with such modifications. You should periodically review these Terms and Conditions to ensure you are familiar with them.
16. MERGER
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between NYAHSA and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual NYAHSA Network web site or in connection with any individual products and services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any products or services available on or through the web site or the respective product or service at which those other provisions may be found.
17. NON-WAIVER AND SEVERABILITY
NYAHSA's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.
18. RELATIONSHIP OF PARTIES
You acknowledge and agree that you and NYAHSA 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.
19. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
20. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the NYAHSA Network, unless specifically terminated earlier by NYAHSA. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.