GiveToVirtua.org is an online information and communications site (the “Site”) provided by Virtua Health Foundation, Inc., the fundraising organization of Virtua Health, Inc., a nonprofit 501 (c) organization. Use of the Site is governed by the Terms and Conditions of this Agreement. Please read this Agreement carefully before accessing or using the Site. Throughout this Agreement, Virtua Health Foundation is referred to as “we” or “us.”
TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this Site.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE. If you think you may have a medical emergency, call your doctor or 911 immediately. The contents of the Site, such as text, graphics, images, information obtained from Virtua Health’s licensors, and business partners and other material (“Content”) contained on the Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Virtua Health Foundation does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Virtua Health Foundation, Virtua Health employees, others appearing on the Site at the invitation of Virtua Health Foundation, or other visitors to the Site is solely at your own risk.
USE OF CONTENT
Virtua Health Foundation authorizes you to view the material on the Site solely for your personal, noncommercial use.
The Content may be protected by copyright under both United States and foreign laws. Title to the protected Content remains with the copyright holder. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Virtua Health Foundation. All rights not expressly granted herein are reserved to Virtua Health Foundation, its licensor’s and business partners.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
GENERAL DISCLAIMER OF WARRANTIES
Our Site contains links and pointers to Internet sites maintained by third parties. The Site does not operate or control in any respect any information, products or services on these third-party sites. THE MATERIALS IN THIS SITE AND THE THIRD-PARTY SITES ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE TO VIRUSES OR OTHER HARMFUL COMPONENTS. VIRTUA HEALTH FOUNDATION, INC (“VIRTUA HEALTH FOUNDATION”) DOES NOT WARRANT OR MAKE ANY REPRESNTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT VIRTUA HEALTH FOUNDATION) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE ON THE PART OF VIRTUA HEALTH FOUNDATION, SHALL VIRTUA HEALTH FOUNDATION OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, VIRTUA HEALTH FOUNDATION MATERIALS OR THIS SITE. Virtua Health Foundation’s liability for actual direct damages will be limited to the maximum amount of One Thousand Dollars ($1,000). You specifically acknowledge and agree that Virtua Health is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any of the Virtua Health Foundation material, or with any of Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Site.
USER SUBMISSION GUIDELINES
Virtua Health Foundation invites your participation and submissions; however, you will be considered in violation of the Terms and Conditions of Service if you (or others using your account) do any of the following: 1) harass, threaten, embarrass, or do anything else to another member that is unwanted.; 2) transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, or in a reasonable person’s view, objectionable; or 3) disrupt the flow of chat in chat rooms or message boards with vulgar language or other forms of abusiveness.
VIRTUA HEALTH FOUNDATION HAS THE RIGHT TO ENFORCE THESE USER SUBMISSION GUIDELINES IN ITS SOLE DISCRETION. IN RESPONSE TO A VIOLATION, VIRTUA HEALTH FOUNDATION MAY TAKE ACTION AGAINST YOUR ABILITY TO USE THE SITE, RANGING FROM ISSUANCE OF A WARNING ABOUT A VIOLATION TO TERMINATION OF YOUR ACCOUNT. VIRTUA HEALTH FOUNDATION IS RESPONSIBLE FOR ENFORCING THE CONTENT AND CONDUCT STANDARDS AND SITE USERS ARE ENCOURAGED TO NOTIFY VIRTUA OF VIOLATIONS THEY OBSERVE ONLINE. AS A USER YOU ALSO UNDERSTAND AND AGREE THAT THE VIRTUA HEALTH FOUNDATION TERMS AND CONDITIONS, INCLUDING VIRTUA HEALTH FOUNDATION’S ENFORCEMENT OF THE USER SUBMISSION GUIDELINES, ARE NOT INTENDED TO CONFER, AND DO NOT CONFER, ANY RIGHTS OR REMEDIES UPON ANY PERSON. VIRTUA HEALTH FOUNDATION RESERVES THE RIGHT TO REMOVE CONTENT THAT, IN VIRTUA HEALTH FOUNDATION’S JUDGMENT, DOES NOT MEET ITS STANDARDS OR DOES NOT COMPLY WITH VIRTUA HEALTH FOUNDATION’S CURRENT USER SUBMISSION GUIDELINES. VIRTUA HEALTH FOUNDATION IS NOT RESPONSIBLE FOR ANY FAILURE OR DELAY IN REMOVING SUCH MATERIAL.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant – or warrant that the owner of such content has expressly granted – Virtua Health Foundation a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Virtua Health Foundation may sublicense its rights through multiple tiers of sublicenses.
ADVERTISEMENTS AND LINKS TO OTHER SITES
Virtua Health Foundation does not endorse the content on any third-party web sites. Virtua Health Foundation is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. Virtua Health Foundation does not endorse any product advertised on the Site.
INDEMNITY
You agree to defend, indemnify, and hold Virtua Health Foundation, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
Virtua Health is based in Marlton, New Jersey, in the United States of America. Virtua Health Foundation makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. The Site may contain health- or medical-related materials which you find sexually explicit. Virtua Health, its licensors, and its suppliers have no control over and accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Virtua Health Foundation, or in any way relating to your use of the Site, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Virtua Health Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
COMPLETE AGREEMENT
Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions constitute the entire agreement between you and Virtua with respect to the use of the Site, and Content. Your use of the Site is also subject to the Virtua Health Foundation Web Privacy Statement.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding this website should be directed by electronic mail to vhf@virtua.org or via U.S. mail to Virtua Health Foundation at 303 Lippincott Drive, 4th Floor, Marlton, NJ 08053.
If you have any problems accessing this site, please e-mail vhf@virtua.org.