Pennsylvania Association of

Community Health Centers

Supporting Pennsylvania's health centers in increasing access to quality primary health care for all

AGREEMENT BETWEEN USER AND PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS

The Pennsylvania Association for Community Health Centers (PACHC) website is comprised of various web pages operated by Pennsylvania Association for Community Health Centers.

The PACHC website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the PACHC website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

PACHC reserves the right to change the terms, conditions, and notices under which the PACHC website is offered, including but not limited to the charges associated with the use of the website. We may modify these Terms of Use at any time, and will post the modified Terms on this website. We will have no obligation to notify you of any such modifications, beyond posting the modified Terms on this website. It is your responsibility to review these Terms of Use from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the website. Your continued use of the website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification.


LINKS TO THIRD PARTY SITES

The PACHC website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PACHC and PACHC 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. PACHC is not responsible for webcasting or any other form of transmission received from any Linked Site. PACHC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PACHC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Pennsylvania Association for Community Health Centers website, you warrant to PACHC that you will not use the PACHC website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PACHC website in any manner, which could damage, disable, overburden, or impair the PACHC website or interfere with any other party's use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PACHC website.

USE OF COMMUNICATION SERVICES

The PACHC website 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.

PACHC has no obligation to monitor the Communication Services. However, PACHC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PACHC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

PACHC 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 the Pennsylvania Association for Community Health Center's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PACHC does not control or endorse the content, messages, or information found in any Communication Service and, therefore, PACHC 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 to be PACHC spokespersons, and their views do not necessarily reflect those of the Pennsylvania Association for Community Health Centers.

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 PACHC OR POSTED AT ANY PACHC WEBSITE

PACHC does not claim ownership of the materials you provide to the Pennsylvania Association for Community Health Centers (including feedback and suggestions) or post, upload, input or submit to the PACHC website (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PACHC permission to use your Submission in connection with the operation of the association 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. PACHC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at PACHC’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 PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PACHC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PACHC WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE PACHC WEBSITE 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.

THE PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS AND/OR ITS SUPPLIERS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE PACHC WEBSITE 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. THE PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS AND/OR ITS SUPPLIERS HEREBY DISCLAIMS 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 THE PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS 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 PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE PACHC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PACHC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PACHC WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS 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 PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PENNSYLVANIA ASSOCIATION FOR COMMUNITY HEALTH CENTERS WEBSITE. SERVICE CONTACT: pachc@pachc.org

TERMINATION/ACCESS RESTRICTION

The Pennsylvania Association for Community Health Centers reserves the right, in its sole discretion, to terminate your access to the PACHC Website 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 Commonwealth of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cumberland County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the Pennsylvania Association for Community Health Centers Website. Use of the PACHC Website 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 the Pennsylvania Association for Community Health Centers as a result of this agreement or use of the PACHC Website. The Pennsylvania Association for Community Health Center’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PACHC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Pennsylvania Association for Community Health Centers 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 the Pennsylvania Association for Community Health Centers with respect to the PACHC Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Pennsylvania Association for Community Health Centers with respect to the Website. 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 and 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 Pennsylvania Association for Community Health Centers Website are: © 2017 All Rights Reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. 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 in writing by U.S. mail to the Pennsylvania Association of Community Health Centers, ATTN: Cindi Christ, COO, 1035 Mumma Road, Suite 1, Wormleysburg, PA 17043. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.