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TERMS & CONDITIONS PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using this Website, you agree to these terms and conditions. If you do not agree, please exit and disregard the information contained herein. General Information This Website contains material about The Center for AIDS Research, Education and Services (“CARES”) and its various services. Please feel free to browse this Website. Your access and use of the information contained herein is subject to the following Terms and Conditions and all applicable laws. By accessing and browsing this Website, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that they supersede any other agreement between you and CARES. CARES maintains this Website for your personal use. This Website and its contents are intended to comply with the laws and regulations of the United States. While you can access this Website from outside the United States, our server is located within the United States, and the Website it is intended to be used by residents located in the United States. Limitation of Liability CARES will use reasonable efforts to include accurate, complete and up-to-date information on this Website, but CARES makes no warranties or representations as to its accuracy, completeness or frequency that it is updated. All users agree that access to this Website is at their own risk, and that neither CARES nor any party involved in creating or delivering this Website shall be liable for damages of any kind, including without limitation, any special, direct or indirect, incidental, or consequential or punitive damages (even if CARES has been advised of the possibility of such damages) arising out of access to, or use of the information contained on this Website, or any errors or omissions, misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. This limitation includes damages to, or for any viruses that may infect your computer equipment. MODIFICATION OF THESE TERMS AND CONDITIONS CARES reserves the right to change the terms, conditions, and notices under which CARES Website is offered. This Website, and all information and related materials it contains, are provided "as is." CARES makes no representation or warranty whatsoever regarding the completeness, accuracy, currentness, or adequacy of, or the suitability, functionality, availability, or operation of this Website or the information or materials it contains. By using this Website, you assume the risk that the information and materials on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. CARES specifically disclaims all warranties, express or implied, including without limitation, the warranties or merchantability, fitness for a particular purpose, and non-infringement with respect to this Website and information, graphics and materials contained herein. No Medical Advice or Recommendations The information provided on this Website should not be viewed as medical advice or medical diagnosis of any sort. No doctor-patient relationship is established between us and you by reason of your using our Website or us sending you information through e-mail. Only a health care professional can provide medical advice or a medical diagnosis. The information provided on this Website is not designed to replace a physician’s independent judgment about the appropriateness or risks of treatment for a particular patient. If you use the health information provided on our Website for any self-diagnosis or self-treatment, we are not responsible for the outcome. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this Website, you warrant to CARES that you will not use the CARES Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CARES Website in any manner which could damage, disable, overburden, or impair the CARES Website or interfere with any other party's use and enjoyment of the CARES Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. Submissions to CARES The submission of any unsolicited information, such as questions, comments, or suggestions, to CARES, either through this Website or by any other means of communication, shall NOT be considered confidential. CARES shall have no obligation to you of any kind with respect to such information. By submitting any information to CARES, you understand that CARES shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. In addition, CARES shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and other items incorporating such ideas, concepts, know-how or techniques. Privacy Please read our Notice of Privacy Practices to understand how any Protected Health Information ("PHI"), as that term is defined in the Notice of Privacy Practices, that you submit via this Website will be treated. Information communicated electronically may be incorporated and retained in the CARES medical record and may be disseminated as part of an authorized release of a copy of the medical record. Access to this Website may be monitored by CARES. If monitored, the requesting URLs, the machine originating the request, and the time of the request, are logged for access statistics and security purposes. Your use and access of this Website constitutes your consent to such general monitoring. Please see CARES Website Disclaimer for details on how information from the Website may be gathered and used. Indemnity You agree to indemnify CARES from and against any liability that CARES may incur arising from your use of this Website or any other site linked to by this Website. INTELLECTUAL PROPERTY All trademarks, service marks and logos displayed on this Website are the property of CARES or other third parties. You are not permitted to use the trademarks, service marks and logos without the prior written consent of CARES or such third party that may own the trademarks, service marks and logos. The mark CARES and the CARES logo are trademarks of the Center for AIDS Research, Education & Services. LIMITED LICENSE TO USERS The materials and services offered on this Website, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the materials or services may violate such laws and the Terms and Conditions. Except as expressly provided herein, CARES does not grant any express or implied rights to use the materials and services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer this Website, materials or services, any portions of the Website, materials or services or the selection and arrangement of the Website, materials or services, except as expressly authorized herein. Jurisdiction This Website is operated by CARES. These Terms and Conditions are governed by the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law. This Agreement is deemed entered into in the State of California by both parties. You hereby consent to the exclusive jurisdiction of the courts in the State of California for the resolution of any dispute arising related to this Website, its use, or these Terms. ENTIRE AGREEMENT This is the entire agreement between the parties relating to the subject matter herein and you agree to indemnify CARES for any claims or damages resulting from your failure to abide by these Terms and Conditions. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of any remaining provisions. Other The CARES Website may be unavailable from time-to-time due to mechanical, telecommunication, software, hardware and third-party vendor failures, updating or construction. CARES cannot predict or control when such downtime may occur and cannot control the duration of such downtime. CARES reserves the right to alter or delete material from this Website at any time. CARES may, at any time, revise these Website Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically review the current Terms and Conditions. Questions or comments about this policy or the use of personal information may be directed to Shara Reed, Privacy Officer (916) 914-6279. We will use reasonable efforts to promptly investigate any complaint you may have regarding our use of personal information. |
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Terms and Conditions



