VALLEY HEALTH SYSTEM
Last Updated: April 1, 2010
This Agreement is subject to change by us at any time, without notice, effective upon posting of a link to same on our website. By accessing, browsing, and/or using this Site and its Content, you acknowledge that you have read, understand and agree to be legally bound by this Agreement.
The information on the Site is for information purposes only and is not intended as a substitute for medical professional help, advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care. Nothing contained in this Site is intended to constitute a medical diagnosis or treatment. Nothing in this Site is intended as a recommendation or endorsement of any specific tests, products, procedures, opinions, or other information that may be mentioned in this Site. Any reliance on any information provided by the website personnel, others appearing on the Site at the invitation of the website and/or other visitors to the Site is solely at the user's risk.
The transmission and receipt of information contained on the Site, in whole or in part, or communication with Valley via the internet or e-mail through this Site does not constitute or create a doctor-patient relationship between us and any recipient. You should not send us any confidential information in response to this Site. Such responses will not create a doctor-patient relationship, and whatever you disclose to us in that manner will not be privileged or confidential. You should not act or refrain from acting or rely in any way on the basis of any Content included in this Site without seeking the appropriate medical or professional advice on the particular facts and circumstances at issue. Any opinions expressed through the Content of this Site are the opinions of the particular author and may not reflect the opinions of Valley or any medical personnel thereof.
You acknowledge that this Site and the various communications therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, alerts, data, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Valley, its third-party content providers, and/or its licensors, as the case may be. You agree to comply with all applicable intellectual property laws and you shall not encumber any interest in, or assert any right to, the Content. You may not modify, transmit, copy, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
You acknowledge that the user interface, content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are proprietary to us or our licensors and are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of this Site, except as expressly permitted herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Other company product and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Valley. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Valley Trademark displayed on this Site without prior written permission in each instance. All goodwill generated from the use of Valley Trademarks will inure to our benefit.
We prohibit the use of any links to this Site or any subdomains thereof from any other web sites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other web site without our prior written permission. Deep linking to interior pages of this Site is also strictly prohibited without our prior written permission.
Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via electronic transmission. We also do not guarantee that any electronic communication will reach us due to firewalls, software incompatibilities and other such factors. Therefore, we suggest that you use caution when transmitting any information via the Internet. Valley expressly disclaims any liability for damages resulting from third party interception of your communications with us via the Internet. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.
If you believe this Site contains Content that infringes your copyright please provide the information below to Your designated agent for claims of copyright infringement:
Kenneth Parker, Communications & Marketing Department
The Valley Hospital
223 N. Van Dien Avenue
Ridgewood, New Jersey 07450
Certain sections of the Site may allow you to make donations or purchase many different types of products and/or services online, some or all of which may be provided by Third Parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of such products and/or services. If you effect a transaction on the Site, the information obtained during your transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, you should contact such merchant.
You agree to be financially responsible for all transactions effected by you or someone acting on your behalf through the Site.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF VALLEY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “VALLEY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE VALLEY PARTIES WARRANTS THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE VALLEY PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR DATA.
UNDER NO CIRCUMSTANCES WILL ANY OF THE VALLEY PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND/OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE VALLEY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, STATUTORY, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH OTHER JURISDICTIONS THE VALLEY PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
You agree to make Valley, its affiliates, shareholders, partners, trustees, directors, officers, co-branders, subsidiaries, parents, employees and agents, whole for any and all claims, losses, liabilities, and expenses (including attorney’s fees) arising directly or indirectly from your use of the Site or any violation of this Agreement.
Any dispute arising out of or in connection with this Agreement or your use of any Content or this Site or your access to or links to this Site shall be resolved by arbitration before a neutral arbitrator administered by the American Arbitration Association in Ridgewood, New Jersey, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from a sole arbitrator to parties. Any determination by such arbitration shall be final and conclusively binding and shall not include any damages expressly prohibited in this Agreement. The award of the arbitrator may be enforced in any court having jurisdiction thereof. All parties hereto hereby consent (a) to the non-exclusive jurisdiction of the courts of the State of New Jersey or any Federal Court located within New Jersey for any action (i) to compel arbitration; (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.
In the event that any portion of this Agreement is held to be invalid or unenforceable, the such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive the termination of this Agreement. Valley reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the Valley Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign any of your rights or obligations under this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation or use of this Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by Valley. This Agreement contains the entire agreement of the communication between the parties concerning its subject matter.
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