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Privacy Policy
Introduction. This document
sets forth the terms and conditions ("Terms and Conditions")
governing your use of the OceanMentalHealth.org Web site ("Web
Site") and the information and services made available on and
through the Web Site. Please read this page carefully. The Terms
and Conditions, when agreed to by you, will form a binding
Agreement between you and Ocean Mental Health Services Inc.
("OMHS").
Acceptance of Terms and
Conditions of Use. Your use of the Web Site indicates your
acceptance of these Terms and Conditions. If you do not accept
these Terms and Conditions, you may not use the Web Site. From
time to time these Terms and Conditions may be revised by
updating this document and posting it on the Web Site. It is
your obligation to review these Terms and Conditions from time
to time. Your continued use of the Web Site will constitute your
agreement to the most current version of these Terms and
Conditions. If at any time you do not agree to these Terms and
Conditions, you must cease your use of this Web Site.
Termination of Access. The
use of this Web Site and its services is a privilege. OMHS
reserves the right to suspend your use of this Web Site for any
reason at any time, in its sole discretion.
Definitions. For the
purposes of this Agreement, the following definitions apply:
- Content: includes all
Text, Graphics, Design and Programming used on the Web Site.
- Text: includes all text
on every page of the Web Site, whether editorial,
navigational, or instructional.
- Graphics: includes all
logos, buttons, and other graphical elements on the Web
Site, with the exception of paid advertising banners.
- Design: includes the
color combinations and the page layout of the Web Site.
- Programming: includes
both client-side code (including but not limited to HTML,
JavaScript, etc.) and server-side code (including but not
limited to Active Server Pages, VBScript, databases, etc.)
used on the Web Site.
- Document: refers to any
posting to the Web Site.
- User: refers to any
individual who uses any aspect of the Web Site or its
services.
- You: refers to the
person accessing the Web Site and agreeing to these Terms
and Conditions.
Intellectual Property Rights.
Except as otherwise provided herein, all Content on the Web Site
is the sole property of OMHS, and is protected by U.S. copyright
and international treaties. All Content on the Web Site provided
by third parties is subject to any applicable terms and
conditions provided by said third party, and you agree to be
bound by those terms and conditions. OMHS authorizes You to view
and download a single copy of the Content on the Web Site solely
for Your personal, noncommercial use. Other than as expressly
permitted by these Terms and Conditions, you may not reproduce,
modify, display, sell, distribute, excerpt, summarize or
otherwise remove the Content, or use the Content in any other
manner or for any other purpose, including for public or
commercial purpose. The foregoing limitations include, but are
not limited to, copying or adapting the HTML code used to
generate Web pages on the Web Site or on other Internet sites,
as well as any Graphics.
The "look" and "feel" of the Site (including color
combinations, button shapes, layout, design and all other
graphical elements) are also protected by U.S. copyright law.
All product names, names of services, trademarks and service
marks ("Marks") are the property of OMHS, or the property of
their respective owners, as indicated. You may not use the Marks
for any purpose whatsoever other than as permitted by these
Terms and Conditions, and any applicable third party terms and
conditions.
Acceptable Use of the Web Site.
The "look" and "feel" of the Site (including color combinations,
button shapes, layout, design and all other graphical elements)
are also protected by U.S. copyright law. All product names,
names of services, trademarks and service marks ("Marks") are
the property of OMHS, or the property of their respective
owners, as indicated. You may not use the Marks for any purpose
whatsoever other than as permitted by these Terms and
Conditions, and any applicable third party terms and conditions.
- "You may not respond to postings or information
contained on the Web Site in any manner or for any purpose
other than that which is expected (i.e., to apply for a job,
place an electronic commerce order or obtain information
from a linked Internet Web site);
- "You may not delete, edit or revise any material posted
on this Web Site. You may not copy, duplicate, download or
otherwise use any material posted on this Web Site except
for the purposes permitted by these Terms and Conditions.
Other Internet Web Sites.
You are encouraged to use discretion while searching the
Internet on searches or by links initiated at this Web Site.
Links contained in the Web Site may unintentionally lead to
other Internet Web sites which contain information that some
people may find inappropriate or offensive. The links may also
lead to Internet Web sites which contain inaccurate information,
false or misleading advertising, or information which violates
copyright, trademark, libel or defamation laws. OMHS makes no
representations concerning any effort to review any or all of
the content of Internet Web sites listed, linked or contained on
this Web Site.
Limitations on Information
Submitted. The submission of information, via e-mail or
attachment to e-mail, direct data entry into the Web Site, or
otherwise ("Document") is subject to the following guidelines
and restrictions:
- It may not contain information that is known by you to
be untrue, false or misleading or which does not fairly or
accurately depict or describe the subject matter which is
the subject of the information posted by you;
- It may not present information which impersonates
another person, whether living or dead, misstate the
identity of any person, or misstate or mislead as to gender
or age;
- You may not post chain letters or pyramid schemes;
- You may not post opinions or notices, commercial or
otherwise;
Protection of Information.
OMHS assumes no liability or responsibility for lost information
or Documents submitted by You to OMHS. It is your responsibility
to ensure that all information submitted by You is archived or
otherwise backed-up.
User Representations. You
represent and warrant that you possess the legal right and
ability to enter into this Agreement and to use the Web Site in
accordance with this Agreement. You agree to comply with Your
responsibilities and obligations as stated in this Agreement.
Content. Statements made on
the Web Site and in Internet Web sites, newsgroups, message
boards, e-mails, conferences and chats reflect only the views of
their authors and do not necessarily reflect those of OMHS. All
statements displayed on the Web Site or accessible through the
Web Site are subject to the limitations and disclaimers
contained in these Terms and Conditions.
Security Rules. To ensure
the security of the Web Site and of Users, the following
security rules govern uses of the Web Site for which you are
prohibited:
- accessing data not intended for you or logging into a
server or account which the you are not authorized to
access;
- attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization;
- attempting to interfere with service to any User, host
or network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding",
"mail-bombing" or "crashing";
- sending unsolicited e-mail, including promotions and/or
advertising of products or services;
- forging any TCP/IP packet header or any part of the
header information in any e-mail or newsgroup posting.
Violation of these Security Rules may result in civil or
criminal liability in addition to the termination of your access
rights. OMHS will investigate any occurrences which that may
involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in
such violations.
Termination of Access to Web
Site. Users who violate these Terms and Conditions may be
denied access to the Web Site at the sole discretion of OMHS.
Disclaimer of Warranties and
Limitations of Liability. Your agreement to the following
disclaimers and limitations are a material inducement to OMHS to
permit you to access the Web Site. Your use of the Web Site, and
the obligations and liabilities of OMHS with respect to your use
of the Web Site, is expressly limited as follows:
- Conduct of Users. OMHS,
assumes no responsibility for the activities or conduct of
Users.
- Third Party Information.
The Web Site displays the content, services, products or
hyperlinks of other companies or persons. Notwithstanding
the presentation of any third party information on the Web
Site, no such presentation shall be considered an
endorsement, representation or warranty, either express or
implied, by OMHS, or on behalf of any third party. In
addition, OMHS does not endorse, warrant or otherwise
guarantee the substance of any information or Documents
posted by Users or third parties on the Web Site. OMHS shall
have no liability or responsibility whatsoever for the
content, subject matter or substance of any information
accessed or obtained from third parties Web sites accessed
from the Web Site. Access to third party Web sites from the
Web Site is done at your own risk.
- Accuracy of Information.
OMHS makes no representations or warranties regarding the
truthfulness, accuracy, completeness, timeliness or
reliability of any Documents posted by or belonging to third
parties. Information displayed on the Web Site is for
informational purposes only, and OMHS makes no
representations or warranties regarding the accuracy,
completeness or reliability of any information contained on
or accessible from the Web Site including, but not limited
to, information contained in the "Physician Directory",
"Health Content" or "Health Views" portions of the Web Site.
Documents may contain inaccuracies or typographical errors.
ANY HEALTH OR MEDICAL ADVICE OR HEALTH OR MEDICAL RELATED
INFORMATION PROVIDED ON OR ACCESSIBLE FROM THIS WEB SITE
SHOULD ALWAYS BE REVIEWED WITH YOUR PHYSICIAN. THE
INFORMATION PROVIDED ON OR ACCESSIBLE FROM THIS WEB SITE IS
NOT INTENDED AS A SUBSTITUTION FOR COMPETENT MEDICAL ADVICE
AND NO RELIANCE SHOULD BE PLACED BY YOU BASED UPON THE
HEALTH OR MEDICAL RELATED INFORMATION PROVIDED ON THIS WEB
SITE OR ON LINKS TO OTHER WEB SITES.
- DISCLAIMER OF WARRANTIES.
THE WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY
WHATSOEVER. OMHS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF
THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL OMHS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS
INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS TO, OR THE
INABILITY TO USE OR ACCESS, THE WEB SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT OMHS IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS
PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH
IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR
UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF
OMHS TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S.
$100.00.
- Indemnification. You
agree to indemnify, defend and hold harmless OMHS from and
against any and all liability, claims, causes of actions,
damages, costs and expenses, including but not limited to,
attorneys' fees and costs of suit, arising out of your
breach of these Terms and Conditions.
Third Party Rights. The
provisions of paragraph 13 hereof are for the benefit of OMHS
and its officers, directors, employees, agents, licensors,
suppliers, and Information Providers. Each of these individuals
or entities shall have the right to assert and enforce those
provisions directly against You on their own behalf.
Privacy Policy
Overview. OMHS is committed
to protecting the privacy of our Users. OMHS uses its best
efforts to ensure that the information you submit to the Web
Site remains private, and is used only for the purposes as set
forth herein.
Applicability of Policy.
This privacy policy applies to all information collected from
you or submitted by you on the Web Site.
General Information Collection.
OMHS may collect information about all of our Users
collectively, such as what areas Users visit most frequently and
what services users access the most. OMHS only uses such data
anonymously and in aggregate (i.e., non-User specific) form.
This information helps OMHS determine what is most beneficial
for our Users. We may share this information with partners in
aggregate form, so that they too may understand how our Users
use our site.
Limitations on Disclosures.
OMHS does not disclose information about Your individual visits
to OMHS or personal information that You provide, such as Your
name, address, e-mail address, telephone number, credit card
number, personal references, etc., to any outside parties,
except when required by law or court order. OMHS may record and
share aggregated information with our partners. Notwithstanding,
any information provided by You to a partner of OMHS or on any
co-branded site (between OMHS and a partner of OMHS), then Your
information may be subject to the privacy policy of the partner.
It is Your obligation to review this privacy policy as well as
that of any partner prior to submitting information.
Cookie Policy. OMHS may use
"cookies" to enhance Your use of the Web Site. Cookies are small
files that Your Web browser places on Your computer's hard
drive. OMHS may use cookies, if at all, for remembering User
names and passwords (if applicable) and preferences, tracking
click streams, and for load balancing. You have the option of
setting Your browser to reject cookies. However, doing so will
hinder performance and negatively impact upon the performance of
the Web Site.
Child Privacy. OMHS does not
specifically or intentionally collect information about
children. If You are concerned about Your child's use of the Web
Site, You may use web filtering technology to supervise or limit
access to the Web Site.
Opt-Out. OMHS permits You to
opt-out of receiving certain communications from the Web Site.
To opt-out of receiving communications from the Web Site, You
may edit your Preferences and elect not to receive
communications. You may at any time cease using the Web Site or
elect not to receive communications from the Web Site.
Changes to Privacy Policy.
This privacy policy may be updated from time to time. Changes to
the privacy policy will be posted to the Web Site. It is Your
obligation to review this privacy policy from time to time, and
Your continued use of the Web Site after changes have been
posted will be deemed Your acceptance of the revised policy. If
at any time You have questions or concerns about this privacy
policy, you may contact OMHS via e-mail at
webmaster@oceanmentalhealth.org.
General. 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. Jurisdiction for any claims arising under these
Terms and Conditions shall lie exclusively with the state and
federal courts within the State of New Jersey. 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. The failure of OMHS to enforce any term
or condition of these Terms and Conditions shall not be deemed a
waiver thereof and shall not prevent its later enforcement.
©2004 Ocean Mental Health Services Inc.®
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