Except where expressly noted otherwise, the Website consists of all websites located on this root domain: rogersbhfoundation.org (the “Website”).
II. THE WEBSITE IS FOR YOUR NONCOMMERCIAL, PERSONAL USE
Rogers makes the Website, including all information, documents, communications, and audio/visual files provided by Rogers or other third parties Rogers licenses content from (collectively, “Materials”) available for your noncommercial, personal use.
The Website may produce automated search results or otherwise link you to other websites on the Internet. These other websites are not under the control of Rogers, and you acknowledge that Rogers is not responsible for the accuracy, content, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, copyright compliance, decency or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the linked website by Rogers or any association with its operators. Except for information, products, services or merchandise clearly identified as being supplied by Rogers, Rogers does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on this Website or through the Internet generally in any way.
V. SOME MATERIAL ON THE WEBSITE IS ADVERTISING MATERIAL
Rogers Foundation is a fundraising entity and as such partners with other community organizations, individuals and businesses in the community who wish to support our mission. Information regarding their fundraising and awareness efforts may be available via the Website.
As a part of a larger healthcare provider, Rogers strives to meet the needs of the community through coordination with other health care providers serving in the community. Information regarding medical staff and other care providers may be available via the Website.
VI. MEDICAL MATERIALS DISCLAIMER – THE MATERIALS ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE FROM YOUR HEALTH CARE PROVIDER
UNLESS EXPRESSLY STATED OTHERWISE, NOTHING CONTAINED IN OR PROVIDED THROUGH THE WEBSITE, INCLUDING ALL MATERIALS, IS OR IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, OR RELIED ON AS AN ENDORSEMENT BY ROGERS OF THE MATERIALS. IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ, VIEWED, OR HEARD VIA THE WEBSITE.
VII. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND AND YOU ACKNOWLEDGE THAT YOU ARE USING THIS WEBSITE AT YOUR OWN RISK. USE OF THE WEBSITE MAY BE AFFECTED BY TECHNICAL AND EQUIPMENT ISSUES, INCLUDING THE AVAILABILITY OF THE INTERNET AND ROGERS DOES NOT GUARANTEE THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROGERS DISCLAIMS ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
VIII. ROGERS’ LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, under no circumstances shall ROGERS, its agents, subsidiaries, or its licensors be liable for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages, fees, fines, penalties, loss of revenue or business or liabilities that result from the use of, or inability to use, the Website, or which arise from sites accessed through the Website, and/or content or information provided on or through the Website, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF ROGERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IX. ACCEPTABLE USE AND INDEMNIFICATION FROM IMPROPER USE
By using the Website, posting information in or otherwise using any donation and event registration payment service, communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website, you acknowledge and agree that:
- You view all materials at your own risk.
- You will not publish content or otherwise post information that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts or language or otherwise harasses an individual or group of individuals on the basis of race, color, religion, age, gender identity, sex, sexual orientation, disability or national origin.
- You will not post medical advice.
- At any time, Rogers may disclose information to satisfy applicable laws or regulations.
- Rogers reserves the right to remove any content you post and monitor or terminate your use of the Website with or without notice at any time and for any reason.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ROGERS HARMLESS FOR ANY LOSS, CHARGE, COST, DAMAGE OR LIABILITY THAT ROGERS MAY SUFFER DUE TO YOUR USE OR MISUSE OF THE WEBSITE, THE DATA ACCESSED THROUGH THE WEBSITE, OR THE SOFTWARE THAT OPERATES THE WEBSITE
XI. YOUR PERSONAL MEDICAL INFORMATION
Please note that except where expressly stated otherwise (such as certain Third Party Pages or Third Party Websites) there is no provider–patient relationship between you and Rogers solely resulting from your use of the Website. Except where expressly stated otherwise, information you share on the Website is not protected under confidentiality laws that protect provider–patient communications. By posting information to the Website, you are sharing your personal information. Please carefully select what you choose to disclose and do not share personal medical information.
XII. YOU GRANT A LICENSE TO ROGERS FOR ALL SUBMISSIONS
You grant Rogers a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Website by all means and in any media now known or hereafter developed (“Submissions”). You waive all rights to such Submissions and warrant that you have the right to any Submissions. You agree that you shall have no recourse against Rogers for any alleged or actual infringement or misappropriation of any proprietary right in your communication to Rogers.
XIII. WE WILL COMPLY WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT
If you have any copyright concerns about materials posted on the Website, you agree to let Rogers know. Pursuant to Title 17, United States Code, Section 512(C)(2), notifications of claimed copyright infringement should be sent to Rogers’ Designated Agent. An effective notification contains the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.