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Terms of Use

Welcome to the website of Renewal Care Partners LLC, Renewal Care Foundation, Inc., and their affiliated entities (collectively, “Renewal Care”), located at www.renewalcare.org.

These Terms and Conditions of Use (“Terms of Use”) apply to this website and any other websites under the control of Renewal Care (collectively, “Renewal Care Sites”), however Renewal Care Sites are accessed and/or used, or downloads that Renewal Care makes available. For the purposes of these Terms of Use, “Renewal Care” shall include Renewal Care’s officers, trustees, directors, employees, agents, successors, and assigns.

In addition to these Terms of Use, you should review and consult Renewal Care’s Website Privacy Policy. For information on the confidentiality of client information, please visit Renewal Care’s Client Confidentiality Notice.

By using Renewal Care Sites, you are accepting the practices described in these Terms of Use. If you do not agree to these Terms of Use, please do not use Renewal Care Sites and exit immediately.

Renewal Care reserves the right to modify or amend these Terms of Use from time to time without notice. Your continued use of Renewal Care Sites following the posting of changes to these Terms of Use will mean you accept those changes.

Copyright and Ownership

Unless otherwise noted, all Website design, content, graphics, text selections, arrangements, and all software featured or displayed on Renewal Care Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), are owned by Renewal Care and are Copyright © 2011-2015, Renewal Care Partners LLC. All rights reserved. All elements of Renewal Care Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights.

Renewal Care Sites may be used only for the intended purpose for which such Renewal Care Sites are being made available. Except as may be otherwise indicated in specific documents within Renewal Care Sites, you are authorized to view, play, print, and download documents, audio and video found on Renewal Care Sites for personal, informational, or noncommercial purposes only. You may not modify any of the aforementioned materials. Except for personal, informational, or noncommercial purposes, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Renewal Care Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on Renewal Care Sites.

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of Renewal Care Sites. Renewal Care Sites, its Content and all related rights shall remain the exclusive property of Renewal Care or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on Renewal Care Sites. If you are a copyright owner and believe your copyrighted material has been used on Renewal Care Sites in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice to Renewal Care, Attn: Privacy Officer, 52 Vanderbilt Avenue, Floor 14, New York, NY 10017.

No Professional Advice

The information contained in Renewal Care Sites may include content that relates to medical, legal, financial, or other professional matters. It is provided for informational, educational, and discussion purposes only and should not be used, interpreted, or relied upon as professional medical advice, diagnosis or treatment; legal, financial, or professional advice; or advice regarding which service providers you should use. You should consult with a medical doctor, attorney, financial, or other professional if you need assistance with matters that fall into their area of expertise.

Submission Policy

In addition to the Content on Renewal Care Sites, Renewal Care Sites provide you with various opportunities to submit Content. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Renewal Care or the Renewal Care Sites, provided by you in the form of e-mail or submissions to us, or postings on the Renewal Care Sites (collectively, “User Submissions”), are non-confidential.

Renewal Care shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. Renewal Care will own exclusive rights of all User Submissions, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

By posting User Submissions on Renewal Care Sites, you expressly grant Renewal Care a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform, and display such User Submissions and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity, and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe.

Inappropriate Materials and Submissions

You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties.

Renewal Care may reject any submissions or postings in which Renewal Care believes, in its sole discretion, that any such activities have occurred. If a user notifies Renewal Care of a submission that allegedly violates any provision of these Terms of Use, Renewal Care reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from Renewal Care Sites.

You further understand and agree that sending unsolicited e-mail advertisements to Renewal Care Sites or any user of Renewal Care Sites or through voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable “anti-spam” laws.

In addition to any remedies that Renewal Care may have at law or in equity, if Renewal Care determines, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, Renewal Care may take any action Renewal Care deems necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from Renewal Care Sites. Renewal Care will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Third-Party Links

From time to time, Renewal Care Sites may contain links to websites that are not owned, operated or controlled by Renewal Care. All such links are provided solely as a convenience to you. If you use these links, you will leave Renewal Care Sites. Renewal Care is not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites.

Renewal Care does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials, or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Access and Interference

You agree that you will not use any robot, spider, scraper, or other automated means to access Renewal Care Sites for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on Renewal Care’s infrastructure; (b) interfere or attempt to interfere with the proper working of Renewal Care Sites or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to Renewal Care Sites.

Monitoring

Your use of the products and services on Renewal Care Sites may be monitored by Renewal Care, and the resultant information may be used by Renewal Care in accordance with the rules of any applicable regulatory or self-regulatory organization.

Termination

Renewal Care may terminate or suspend your access to the Renewal Care Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Renewal Care Sites will immediately cease. Furthermore, Renewal Care reserves the right not to respond to any requests for information for any reason, or no reason.

Disclaimers

Renewal Care makes no warranty, express or implied, concerning this service. The services provided by us and our third-party providers are on an “AS IS” basis at your sole risk. Renewal Care expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. Neither Renewal Care nor any of its third-party providers shall have any responsibility to maintain the data and services made available on Renewal Care Sites or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.

Limitations of Liability

Renewal Care does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing Renewal Care Sites, or your downloading of any information or materials from Renewal Care Sites.

Renewal Care shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between Renewal Care and you, regardless of whether the connection or communication service is provided by Renewal Care or a third-party service provider.

Renewal Care shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on Renewal Care Sites.

In no event will Renewal Care be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on Renewal Care Sites, even if Renewal Care has been advised of the possibility of such damages. Renewal Care will have no responsibility to inform you of any difficulties experienced by Renewal Care or third parties with respect to the use of Renewal Care Sites or to take any action in connection therewith. You specifically acknowledge that Renewal Care shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing resides entirely with you.

The foregoing limitations of liability do not apply to the extent prohibited by law. In the event of any problem with Renewal Care Sites, you agree that your sole remedy is to cease using Renewal Care Sites. In no event shall Renewal Care’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed twenty-five dollars ($25.00).

Indemnity

You agree to defend, indemnify, and hold Renewal Care harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of Renewal Care Sites or the Internet or your placement or transmission of any message or information on Renewal Care Sites by you or your authorized users; (b) your violation of any of these Terms of Use, including without limitation your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (d) your violation of any law, rule, or regulation of the United States or any other country; or (e) any claim or damages that arise as a result of any User Submission that you provide to Renewal Care.

Release

In the event that you have a dispute with one or more other users of Renewal Care Sites, you release Renewal Care from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

General

Any claim relating to, and the use of, Renewal Care Sites and the materials contained herein is governed by the laws of the State of New York. You consent to the exclusive jurisdiction of the state and federal courts located in the City and County of New York. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Renewal Care in its sole discretion.

Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

Renewal Care’s failure to act with respect to a breach by you or others does not waive Renewal Care’s right to act with respect to subsequent or similar breaches.

These Terms of Use are the entire agreement between you and Renewal Care pursuant to Renewal Care Sites and supersede any prior understandings or agreements (written or oral) pursuant to Renewal Care Sites.

These Terms of Use are effective October 23rd, 2014.

Additional Assistance

If you do not understand any of the foregoing Terms of Use, or if you have any questions or comments, please contact [email protected] or write to Renewal Care, Attn: Privacy Officer, 52 Vanderbilt Avenue, Floor 14, New York, NY 10017.