Acceptable Use Policy
NOTICE TO USER: PLEASE READ THIS POLICY CAREFULLY. BY ACCESSING, BROWSING AND/OR USING THE WEB SITE YOU ARE CURRENTLY VIEWING (THE "SITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS POLICY AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT ATTEMPT TO ACCESS THE SITE OR USE THE GOODS/SERVICES PROVIDED BY BURGIO HEALTH ALLIANCE, LLC (THE "ALLIANCE"). THIS POLICY INCLUDES THE PRIVACY POLICY FOR THE SITE, WHICH IS INCORPORATED INTO THIS POLICY BY REFERENCE. BY ACCESSING THIS SITE, YOU CONSENT TO HAVE THIS POLICY AND THE PRIVACY POLICY PROVIDED TO YOU IN ELECTRONIC FORM.
AMENDMENTS TO THIS POLICY
This policy is current as of March 21, 2023. The Alliance may change this Policy at any time. When the Alliance makes changes to this Policy, the Alliance will post the revised Policy on the Site. You accept responsibility for being fully informed of the changing content on the Site.
TERMINATION/ACCESS RESTRICTION
Notwithstanding anything to the contrary contained herein, the Alliance reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, for any reason and without notice.
LINKS TO THIRD PARTY SITES
The Site may contain links to other websites (collectively, "Linked Sites"). The Linked Sites are not under the control of the Alliance and the Alliance is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Alliance is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Alliance of the site or any association with its operators.
USE OF SITE; NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to the Alliance that you will not use the Site for any purpose that is unlawful or prohibited by this Policy. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Without the express prior written authorization of the Alliance, you may not:
Use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on this site;
Use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this Site, server or activities conducted therein;
Take any action that imposes an unreasonable or disproportionately large load on this Site or its network infrastructure or that adversely affects our services or other customers;
Decompile, reverse engineer, modify or disassemble any of the software in or associated with this Site and/or server; or
Otherwise exceed your access to the Site as authorized by the Alliance.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The Alliance has no obligation to monitor the Communication Services. However, the Alliance reserves the right to review materials posted and to remove any materials in its sole discretion. The Alliance reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Alliance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Alliance's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Alliance does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Alliance specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Alliance spokespersons, and their views do not necessarily reflect those of the Alliance.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO THE ALLIANCE OR POSTED ON THE SITE
The Alliance does not claim ownership of the materials you provide to the Alliance (including feedback and suggestions) or post, upload, input or submit to the Site (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Alliance, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission. The Alliance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the Alliance's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
NO WARRANTIES; LIMITATION ON LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. THE ALLIANCE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE ALLIANCE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE ALLIANCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ALLIANCE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THIS POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ANTITRUST COMPLIANCE
It is your sole responsibility to ensure compliance with all applicable federal and state antitrust laws and regulations. Among other things, you should not use resources provided by the Alliance, including on-line stores that may be available from time to time for use by Members on the Site, so as to obtain competitive information regarding your competitors. In general, the resources provided by the Alliance shall not be used for the purpose of bringing about or attempting to bring about any agreement, written or oral, formal or informal, express or implied amount competitors concerning: (a) prices or other terms or conditions of any products or services to be offered; (b) the kinds of products or services to be offered; (c) the customers to whom products and services may be sold; or (d) the territories in which products or services may be sold. Notwithstanding the foregoing, the Alliance shall not be liable for any violation by you of such laws and regulations.
NO MEDICAL SERVICES OR ADVICE
The information contained in this Site is general in nature and is not meant to replace the advice of health care professionals. Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established by reason of your use of this Site or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.
CONFIDENTIALITY CANNOT BE GUARANTEED
Please be advised that the confidentiality of any communication or material transmitted via this Site or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number.
MOBILE
The Alliance may make certain mobile applications available. If you choose to participate in any Alliance program that involves the use of text messaging (either sending or receiving), the Alliance will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
GENERAL PROVISIONS
To the maximum extent permitted by law, this Policy shall be governed by the laws of the State of New York and you irrevocably agree that any action arising under this Policy or your use of the Site must be brought exclusively in the State of New York and that venue shall be in the federal and state courts sitting in Erie County. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Alliance as a result of this Policy or use of the Site. If any part of this Policy is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Policy shall continue in effect. Unless otherwise specified herein, this Policy constitutes the entire agreement between you and the Alliance with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Alliance with respect to the Site.
COPYRIGHTS
The copyright in all material provided on this Site, including, but not limited to, text, graphics, images, audio or video clips, photographs or other materials, is held by the Alliance or by the original creator of the material. Except as otherwise provided herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Alliance or the copyright owner; provided, however, that permission is granted to display and download the materials on this Site for personal, non-commercial use only so long as the materials are not modified and all copyright and other proprietary notices contained in the materials are retained.
TRADEMARKS
The trademarks, service marks, trade dress and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Alliance and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. You may not "frame" or "link" to the Site, or use any of the Trademarks as metatags or "hidden text," without the Alliance's prior written consent.
RESERVATION OF RIGHTS
All rights not expressly granted herein are hereby reserved.