Hospital Companions

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Welcome to the Hospital Companions Family Terms of Service Our mission is to support you and your family during a difficult time. At Hospital Companions, we provide a Companion who will do her best to keep friends and family informed and involved in our patient's care. One way our Companions will disseminate information is by way of a Patient Page. The Companion will create a Patient Page and post updates as to the patient's progress. This information comes directly from the patient or her designee. They, not the Companion, decide what will be posted on the Patient Page. Our Companions will keep the Patient Page updated and family and friends are able to post well wishes, photos and video messages to the patient. Family and friends can also take advantage of our Family Forum which has support blogs and information resources. The Site serves as both a communication and information resource for patients and families, but we are not providing any medical advice, diagnosis or treatment. We are providing the information which the patient wishes to share with others. Please do not base any medical decisions on the information shared on this website. All medical decisions should be made in consultation with your doctor. The following terms constitute an agreement between you and Hospital Companions, Inc. ("we" or "us"), the operator of the Hospital Companions.com website (the "Site"). This agreement ("Terms and Conditions") governs your use of the Site, both as a casual visitor and as a Member (as defined below). BY USING THE SERVICE, BY REGISTERING WITH US, AND/OR CREATING OR VIEWING A HOSPITAL COMPANIONS WEBSITE, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS AND CONDITIONS. Please note that we offer the Site "AS IS" and without warranties. 1. Membership You can view public parts of the Site without registering. By "Public", we mean any part of the Site that is not a Patient Page or Family Forum. In order to make any post, visit a Patient Page or the Family Forum, you must register. You can register by visiting the Hospital Companions.com homepage and clicking on the "Login" button. Once registered and accepted (if not originally invited), you are a Member and can view a particular Patient Page or enter the Family Forum . When you make a post in any part of the Site, your registered name will be displayed. You may not create a registration name that is vulgar, attempts to impersonate another person, or violates the rights of others. 2. Your Responsibilities During registration you will provide an email address and create a password. These are your credentials for accessing areas of the Site which are only available to Members. If you discover that someone is using your password without your consent, or you discover any other breach of security, you agree to notify us immediately at privacy@Hospital Companions.com. You may use the Site and Services for lawful, non-commercial purposes only. 3. Attention Parents This site is a general audience site and not designed or intended to attract children 13 and younger. We do not collect personal information from any person we actually know is 13 or younger. Parents and guardians permitting those children who are 13 years of age or younger to use the Site, should be aware that any information voluntarily given by children in chat sessions, email exchanges or message boards may be viewed by third parties. If you have any questions regarding children's privacy, please send an email to privacy@hospitalcompanions.com. 4. Ownership The Site allows Members to make postings (e.g., messages, blogs, stories, updates and images) in the Public area of the Site and on particular Patient Pages to which the Member has access ("Postings"). Please be thoughtful with your Postings, and avoid offending others or infringing their rights. You may not post Postings that violate these Terms and Conditions or we reserve the right to block your ability to post and/or to access the Site and Services if you do. You continue to own the copyright in your Postings but, by submitting Postings to the Site, you grant us and our affiliates the right to use, copy, display, perform, distribute (through multiple tiers of distributors), adapt, translate, edit, and promote your Postings in any medium now known or later developed and any manner we choose, and to use your first name to attribute your postings to you if we so choose. You consent to the transfer of your information for processing and storage by us. While some discussion forums and blogs are monitored for topicality, we have no obligation to prescreen Postings, and are not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove Postings for any reason. We are not, however, responsible for any failure or delay in removing Postings. Keep in mind that the Postings of others are simply their opinions and you should not rely on them. All of the editorial content ("Content") available on the Site is owned by us, our suppliers, and our contributors, and is protected by international treaties, copyright and trademark laws and may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may also print, download, and store articles and other information for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain. Email us at permissions@Hospital Companions.com for information on how you can request limited permission to reproduce certain Content from the Site. 5. Links To Other Sites The Site includes links to other websites, including links that may be provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites. To this Site You do not need to obtain permission from us to put a text link on your site that links back to the Hospital Companions.com website. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Site. The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious. 6. Changes Site and Services We may from time to time modify the Site, add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and, unless otherwise indicated, the use of new Services will be governed by these Terms and Conditions. Terms and Conditions We may change these Terms and Conditions at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Site, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site that the Terms and Conditions have been updated. If you disagree with the changes to these Terms and Conditions, discontinue your use of the Site, or if you have registered as a member, cancel your registration. Your ongoing use of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms and Conditions regularly. 7. Restrictions on use We require the following restrictions so that every Member's use is more enjoyable. You agree that you will not: A) Post any material that might infringe the intellectual property, privacy, publicity or other proprietary rights of anyone else; B) use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM; C) interfere with or disrupt the Site's services or systems; not transmit or post any materials that contain viruses, Trojan horses or other harmful programs; D) attempt to gain unauthorized access to the Site, profile information or any Hospital Companions website; E) provide false information on your registration form, impersonate any person or otherwise mislead anyone on the Site; F) use any robot, spider, scraper or other automated means to access the Site in a manner that sends more request messages to our servers in a given period of time than a person can reasonably produce in the same period. If you are public search engine, however, you may use spiders to copy materials on the Public areas of the Site solely as necessary to create publicly available searchable indices of the Public materials. Public Search Engines may not create caches or archives of such materials. We will enforce these Terms and Conditions through our technical abilities and by exercising our rights at law and in equity. 8. Termination We may terminate and/or suspend your registration immediately, without notice, at our discretion. You may terminate your registration by contacting Hospital Companions customer support at help@Hospital Companions.com or by calling (877) 502-6672 between the hours of 8 a.m. - 6 p.m. Central time, Monday through Friday. 9. No Warranties YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SITE AND THE SERVICES "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, HOSPITAL COMPANIONS, INC., THEIR OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS AND AGENTS (FOR THE PURPOSES OF THIS PARAGRAPH, THE NEXT TWO PARAGRAPHS, COLLECTIVELY, "WE", "US" OR "OUR") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SECURITY AND COURSE OF DEALING. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION IN THE SERVICES OR THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL PROGRAMS TRANSMITTED THROUGH THE SITE; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SITE. You use the Site and the Services at your own risk. 10. We Do Not Provide Medical Care or Medical Advice NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. THIS SITE AND THE SERVICES OFFER INFORMATION ABOUT HEALTH AND EMOTIONAL SUPPORT. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR TREATMENT, YOU SHOULD ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk. 11. Limitation of Liability We will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential or incidental damages (including without limitation lost profits or lost opportunity) arising out of or in connection with the use of this Site, or a linked site, including any delay or inability to use the Site or linked site, even if we were made aware of the possibility of such damages. We will not be liable for the cost of substitute services. THE CUMULATIVE AMOUNT OF OUR LIABILITY TO YOU, no matter the nature of your legal or equitable claim, WILL NOT EXCEED $100. These Terms and Conditions and any litigation arising there from shall be governed by and construed in accordance with the laws and decisions of the State of Illinois. You and Hospital Companions, Inc agree that the exclusive venue of any action arising hereunder shall reside in the federal and state courts sitting in Cook County, Illinois. You hereby consent to personal jurisdiction of such courts. These limitations on liability includes, but are not limited to, the transmission of any viruses which may infect your equipment, failure of equipment or communication lines, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Although we will use commercially reasonable efforts to address any problems or concerns regarding the Site or the Services, if you continue to be dissatisfied with this Site or services or with any of these Terms and Conditions, your only remedy is to discontinue using Hospital Companions.com and terminate your registration. 12. Indemnification Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of the Site and the Services or any breach by you of these Terms and Conditions. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 13. Electronic Contracting and Notices Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms and Conditions and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. 14. Entire Agreement This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 15. Assignment We may assign this contract at any time to our parent, any subsidiary or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity or to an entity that purchases all or substantially all of our assets. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. 16. Trademarks/Servicemarks All trademarks and/or servicemarks appearing on the Services are the property of their respective owners, including, without limitation, Hospital Companions, Inc. No right, license or interest to such trademarks is granted by this Agreement.