HENRY SCHEIN CARES FOUNDATION, INC.
HELPING HEALTH HAPPEN BLOG
TERMS OF SERVICE
Welcome to the Helping Health Happen Blog! Before you begin using our Blog, you must read and agree to these Henry Schein Cares Foundation, Inc. Helping Health Happen Blog Terms of Service (“Terms of Service”):
Please read these Terms of Service carefully before using the Service. By accessing or using all or any portion of the Services or by clicking the “I accept” button, you acknowledge your acceptance of these Terms of Service and represent that you are authorized to accept these Terms of Service. You agree to enter into these Terms of Service electronically, and that these Terms of Service are enforceable like any written negotiated agreement signed by you. If you do not agree to these Terms of Service, Henry Schein Cares Foundation, Inc. (“HSCF”) does not grant you the right to use the Services and you should click on the “I do not accept” button and cancel operation of the Services.
1. Description of Service and Proper Use. Helping Health Happen Blog is a web publishing service (the “Service(s)”). You will be responsible for all activities occurring under your username and for keeping your password secure. You must be at least thirteen (13) years of age to use the Service. HSCF reserves the right to refuse service to anyone at any time without notice for any reason. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. HSCF does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by third parties via the Service or endorse any opinions expressed by third parties via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
2. Intellectual Property Rights. You acknowledge that HSCF owns all right, title and interest in and to the Service, including all intellectual property rights (the “Rights”). The Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
HSCF claims no ownership or control over any content submitted, posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through the Services, you grant HSCF a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content for the purpose of (the “License”). You represent and warrant that you have all the rights, power and authority necessary to grant the License to HSCF. HSCF furthermore reserves the right to refuse to accept, post, display or transmit any content submitted by you in its sole discretion.
3. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to HSCF to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
4. General Practices Regarding Use and Storage. You agree that HSCF has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. HSCF retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Service. HSCF reserves the right to remove those that are off-topic, inappropriate, or offensive. Content posted to this Blog does not represent the opinions of HSCF. You agree not to post any material that falls into any of the following categories and HSCF reserves the right to remove postings that are:
- abusive, defamatory, or obscene;
- fraudulent, deceptive, or misleading;
- in violation of any intellectual property right of another ;
- in violation of any law or regulation; or
- otherwise inappropriate.
HSCF can choose to block or remove any posting at any time. Please report to us any posting you feel should be removed.
6. Disclaimer of Warranties. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. HSCF makes no representation, warranty or guaranty as to the reliability, timeliness, quality, suitability, availability, reliability, accuracy or completeness of the Services or the content contained therein. All conditions, representation and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by HSCF.
7. Limitation of Liability. In no event shall HSCF be liable for any damages whatsoever, including but not limited to any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages of any kind arising out of or in any way connected with (i) these Terms of Service, (ii) the Services, including but not limited to the use of inability to use the Services (iii) the content, or (iv) any interruption, inaccuracy, error, or omission, regardless of cause in the Services of content; even if HSCF has been previously advised of the possibility of such damages.
8. Privacy. As a condition of using the Service, you agree to the terms of the HSCF Privacy Statement, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use.
9. No Resale of the Service. Unless expressly authorized in writing by HSCF, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
10. Publicity. Any use of HSCF’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including “Helping Health Happen” or “Helpinghealthhappen.org” require the prior written consent of HSCF.
11. Termination; Suspension. HSCF may, in its sole discretion, at any time and for any reason, terminate the Service and these Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account. Sections 1-2 and 5-16 of the Agreement, along with applicable provisions of the general Terms of Service shall survive expiration or termination.
12. Indemnification. You agree to hold harmless and indemnify HSCF and its affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. HSCF will provide you with written notice of such claim, suit or action.
13. Entire Agreement. These Terms of Service constitute the entire agreement between you and HSCF related to your use of the Service and supersedes any prior agreements between you and HSCF. You also may be subject to additional terms and conditions that may apply when you use certain other HSCF services, affiliate services, third-party content or third-party software.
14. Waiver and Severability of Terms. The failure of HSCF to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
15. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose.
16. Choice of Law; Jurisdiction; Forum. These Terms of Service shall be governed by and construed in accordance with the laws of the state of New York, without regard to such state’s rules regarding conflicts of laws. By use the Service, you agree that courts located in the Eastern and Southern Districts of New York or in the counties within those federal judicial districts shall have exclusive jurisdiction over all claims and actions arising out of or relating to the Service and/or your use of this site.
17. Copyright Information. HSCF will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please contact us at firstname.lastname@example.org for information on how to file a notice of infringement.