1. ACCEPTANCE OF TERMS
BY USING THE SERVICE IN ANY WAY, YOU ARE AGREEING TO COMPLY WITH THE
2. MODIFICATIONS TO TERMS
The Albany Med Health System reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time which may become effective immediately upon posting.
You agree that all postings, messages, text, files, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person posting it. You acknowledge that Albany Med Health System does not control, and is not responsible for Content made by third parties available through the Service. You acknowledge that Albany Med Health System does not pre-screen or approve third party Content, but that Albany Medical Center shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms, the law or for any other reason. The Albany Med Health System offers the Service for general information, communication, educational, and fundraising purposes only. Nothing related to the Service is intended as medical advice nor
should be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The Service is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional or an Albany Med Health System healthcare provider at 518-262-3125. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. THIS SERVICE IS NOT MONITORED ON A ROUTINE BASIS AND IS NOT INTENDED AS A MEANS OF OBTAINING URGENT MEDICAL CARE.
You agree not to post, email, or otherwise make available Content that is objectionable in any way including any that is unlawful, harmful, abusive or harassing. You also agree that you will not use the Service for advertising or commercial purposes, deceptive practices, or that is objectionable in any way.
5. LIMITATIONS ON SERVICE
You acknowledge that the Albany Med Health System may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that the Albany Med Health System shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
6. ACCESS TO THE SERVICE
You are granted a limited, revocable, nonexclusive license to access the Service for your own personal use. Use of the Service beyond the scope of authorized access granted immediately terminates any permission or license.
7. TERMINATION OF SERVICE
You agree that the Albany Med Health System, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Albany Med Health System believes that you have acted inconsistently with the letter or spirit of the Terms.
8. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing any portion thereof or further reproduction or redistribution is prohibited without the express written consent of the Albany Med Health System. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The Albany Med Health System is a registered mark in the U.S. Patent and Trademark Office. By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Albany Med Health System an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant the Albany Med Health System all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE ALBANY MED HEALTH SYSTEM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE ALBANY MED HEALTH SYSTEM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ALBANY MED HEALTH SYSTEM DISCLAIMS ALL WARRANTIES INCLUDING THOSE FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ALBANY MED HEALTH SYSTEM SITE AND THE SERVICE AND FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ALBANY MED HEALTH SYSTEM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ALBANY MED HEALTH SYSTEM SITE.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE ALBANY MED HEALTH SYSTEM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ALBANY MED HEALTH SYSTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ALBANY MED HEALTH SYSTEM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ALBANY MED HEALTH SYSTEM SITE OR THE SERVICE, FROM INABILITY TO USE THE ALBANY MED HEALTH SYSTEM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ALBANY MED HEALTH SYSTEM SITE OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
You agree to indemnify and hold the Albany Med Health System, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
12. GENERAL INFORMATION
The Terms, and any specific terms or guidelines associated with a particular Service, constitute the entire agreement between you and the Albany Med Health System and govern your use of the Service. The Terms and the relationship between you and the Albany Med Health System thereunder shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of the Albany Med Health System to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction 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 the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.