Website Terms and Conditions of Use Agreement
- Description of Service. The website consists of several sections, some of which have restricted access (e.g. the Login section). An Access Agreement for an individual, restricted access section may be viewed by clicking on the link provided on its login page.
- Intellectual Property. The entire contents and design of the website, including all trademarks, logos, trade names, documents, databases, graphic representations, and other information are the property of HPNA, or are used by HPNA with permission, and are protected under U.S. and international copyright and trademark laws, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. Except as otherwise provided herein, users of the website may save and use information contained on the website only for personal or other non-commercial, educational purposes. No other use, including, without limitation, reproduction, retransmission, or editing, of website information may be made without the prior written permission of HPNA, which may be requested by contacting HPNA at email@example.com.
- Limitations of Liability. In no event shall HPNA, HPNF, HPCC or their respective affiliates, subsidiaries, officers, directors, members, staff, or agents be liable for any damages of any kind, including, without limitations, any special incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of, or in connection with, the use or performance of the website or any content appearing on the website.
- Disclaimer. HPNA makes no warranty, guaranty, or representation regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within the website, including, without limitation, the warranties of merchantability, fitness for a particular use, and non-infringement of proprietary rights. The information, opinions, and recommendations presented within the website are for general information only. Unless specifically stated otherwise, HPNA does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the website, and information from the website should not be referenced in any way to imply such endorsement or approval. Moreover, HPNA makes no warranty that the website or the server that makes it available, is free from viruses, worms, or other elements or codes that manifest contaminating or destructive properties. HPNA expressly disclaims any and all liability or responsibility for any direct, indirect, incidental, consequential, special, or other damages arising out of any individual's use of, reference to, reliance on, or inability to use the website or the information presented on the website. In any jurisdiction that does not permit such a disclaimer of liability, HPNA's liability shall be limited to the greatest extent allowed by applicable law.
- External Links. Links or pointers connecting the website with other internet sites are provided as a courtesy only and do not imply, directly or indirectly, the endorsement, sponsorship, or approval by HPNA of the linked sites, the organization or individual operating the linked site, or any product, service, individual, or organization referenced in the linked site. In general, any website that has an address (or URL) that does not contain advancingexpertcare.org is a linked site. The content of any linked site does not necessarily reflect the opinions, standards, or policies of HPNA. Linked sites are not under the control of HPNA and HPNA is not responsible for the content of any linked site, any links contained within a linked site, any changes or updates to such sites, or the compliance with applicable laws of such linked sites.
- DMCA Notice and Takedown Procedures. HPNA abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of its response, HPNA may remove or disable access to material on the website that is claimed to be infringing, in which case, HPNA will make a good-faith attempt to contact the person who submitted the affected material so that person may make a counter notification, also in accordance with the DMCA. By posting material to the website, the posting party represents and warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants HPNA and users of the website the nonexclusive, unrestricted, royalty-free right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Anyone who believes that material posted on the website infringes on his or her copyrighted work should refer to the Procedures for Requesting Removal of Infringing Material.
- Choice of Law and Forum. This Agreement is entered into and performed in the Commonwealth of Pennsylvania, United States of America, and is governed by the laws of Pennsylvania, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the website, each party irrevocably submits to the exclusive personal jurisdiction of the state courts located in Allegheny County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania, whichever has jurisdiction, and each party waives any jurisdictional, venue, or inconvenient forum objections to such court.
Procedures for Requesting the Removal of Infringing Material
The owner of a copyrighted work (or the agent for the owner) who believes that material posted on this website infringes on the copyrighted work may request that the allegedly infringing material be removed from the website by notifying HPNA's designated agent for such purposes. The notice of alleged copyright infringement must:
- Identify in sufficient detail the copyrighted work claimed to have been infringed;
- provide the electronic or physical signature of the copyright owner or a person authorized to act on the owner's behalf;
- include a statement by the copyright owner or authorized agent that he or she has a good faith belief that the disputed use is unauthorized;
- include a statement that the information contained in the request is accurate and an attestation, under penalty of perjury, the requesting party is the copyright owner or authorized agent; and
- include the copyright owner or authorized agent's name, mailing address, telephone number, and email address.
A notice of alleged copyright infringement may be submitted to HPNA's designated copyright agent by mail or email as set fourth below:
Hospice and Palliative Nurses Association
400 Lydia Street, Suite 103
Carnegie, Pennsylvania, 15106
Please note that anyone who submits a false notice and materially misrepresents that content on the website is infringing may be liable for damages, including court costs and attorneys' fees. Upon receiving a proper notice, HPNA will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the owner's claim. HPNA also will advise the alleged infringer of the statutory counter-notification procedure described below by which the alleged infringer may respond to the claim and request that his or her material be restored.
Anyone who believes his or her own copyrighted material has been removed by HPNA from the website as a result of mistake or misidentification may submit a written counter-notice to HPNA's designated copyright agent. To be effective, a counter-notice must:
- identify the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- include a statement consenting to the jurisdiction of the Federal District Court in which the submitting party's address is located, or if the address is outside the United States, for any judicial district in which the service provider may be found;
- include a statement that the submitting party will accept service of process from the party that filed the notice of alleged copyright infringement or the party's agent;
- provide the submitting party's name, address, and telephone number;
- include a statement under penalty of perjury that the submitting party has a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- include the submitting party's physical or electronic signature.
A counter-notice may be submitted to HPNA's designated copyright agent by mail or email as set forth below:
Hospice and Palliative Nurses Association
400 Lydia Street, Suite 103
Carnegie, Pennsylvania 15106
Please note that the above is not a substitute for legal advice. Contact your attorney for legal advice to better understand your rights and obligations under the DMCA and applicable laws.