1. Acknowledgement and Acceptance of Terms and Conditions
By accepting these Terms and Conditions, you represent and warrant that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company, or other organization) or other entity, you represent and warrant that you have legal authority to do so.
These Terms and Conditions may be revised at any time for any reason, without notice or obligation, by updating this posting. By accessing, browsing, or using the Site following the posting of changes to these Terms and Conditions, you accept such changes. You agree to use the Site in a manner consistent with any and all applicable rules, laws, and regulations. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of May, 22, 2012.
2. Privilege to Use and Access the Site
Community Care of North Carolina. (“CCNC,” “we,” “us,” or “our”) grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to access and make personal use of the Site: (a) in compliance with these Terms and Conditions; and (b) to the extent permitted under all applicable laws and regulations. You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce, copy, or otherwise create derivatives of any part of the Site or any Content (as defined below); (ii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Site or any Content; (iii) remove or alter proprietary notices or labels on or in the Site or Content; (iv) engage in any activity that interferes with or disrupts the Site or Content; (v) engage in any fraudulent activity or activity that facilitates fraud; or (vi) otherwise act in violation of these Terms and Conditions. All rights not expressly granted herein are reserved.
3. Site Content
The Site and all material on the Site or contained therein (the “Content”), including without limitation all text, graphics, and other content on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site, are owned by CCNC or a third-party. The Content is protected under copyright, trademark, service mark, trade secret, or other intellectual property and other proprietary rights and laws. You may not copy, download, transmit, modify, distribute, or republish the Site or any portion of the Site, including without limitation any of the Content displayed on the Site, without the prior written consent of CCNC. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer, or otherwise exploit the Site or any Content. Use of any Content on the Site is prohibited without the prior written permission of CCNC.
4. Legal Requirements
5. Your Use of the Site
You are solely responsible and liable for all messages, data, information, and other materials (“Messages”) that you upload, post, e-mail, or otherwise transmit (“Transmit”) to the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third-party of information made public through the Site. IF YOU CHOOSE TO MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND CCNC SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
You agree that you will not: (a) use the Site in any unlawful manner or Transmit any Message that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including e-mail addresses, about other users of the Site; (c) Transmit any Messages: (i) that you do not have the right to Transmit under any law or contractual or fiduciary relationships, including without limitation any inside information or proprietary or confidential information; (ii) that infringe any patent, copyright, trademark, or other intellectual property right or misappropriate any trade secret or right of privacy of any third-party; (iii) that constitute unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contain any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any Messages Transmitted through the Site; (e) interfere with the Site or servers or networks used in connection with the Site; (f) interfere with the ability of others to use the Site; (g) reproduce, sell, resell, sub-license, distribute, or exploit for any commercial purposes any portion of the Site, the Content, or any Messages contained therein; (h) conduct your business on the Site or any websites, with respect to CCNC, in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or Content contained in the Site without CCNC’s prior written permission; (j) download, reproduce, duplicate, copy, or otherwise exploit any portion of the Site for the purpose of sale, resale, or making other commercial use thereof; (k) include in any third-party website any hypertext link to any page or location within the Site without CCNC’s prior written permission; (l) display the Site or any portion thereof in frames without CCNC’s prior written permission; (m) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make; or (n) otherwise use the Site in violation of any law or contract.
You acknowledge and agree that CCNC may disclose or use any Messages that you Transmit for the purposes of: (a) enforcing these Terms and Conditions; (b) complying with any laws, regulations, or rules of any federal, state, or local government or agency; (c) responding to claims that any Messages violate the rights of third-parties; or (d) protecting the rights or property of CCNC, its customers, or the public. With respect to Messages that you Transmit to public areas of the Site, you grant CCNC a perpetual, worldwide, royalty-free, non-exclusive license to reproduce, display, publish, modify, distribute, and create derivative works of such Messages.
6. Linked Sites
CCNC has not reviewed all of the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including without limitation any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by CCNC. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites.
CCNC reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and such websites are neither owned nor operated by CCNC. CCNC has no control over these linked websites and makes no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Messages. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to hold harmless and indemnify CCNC, its subsidiaries and affiliates, business partners, contractors, clients, and service providers, and their respective officers, employees, agents, and representatives from and against any claims, liabilities, costs, or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third-party, relating to or arising from your use of the Site, any Messages that you Transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.
9. CCNC Trademarks
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation are registered and unregistered trademarks and service marks owned by CCNC or its subsidiaries or affiliates or a third-party. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of CCNC or third parties and shall remain the property of CCNC and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of CCNC or such third-party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.
You acknowledge and agree that CCNC may terminate your access to and use of the Site for any reason, including without limitation your violation of these Terms and Conditions. You agree that CCNC may terminate your access to and use of the Site without prior notice and without any liability to you or any third-party. You acknowledge and agree that CCNC may modify, limit, suspend, or discontinue the Site or any portion thereof at any time, without notice or liability to you. CCNC may also, from time to time, establish general rules and policies regarding use of the Site. CCNC will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. CCNC shall have no liability or responsibility with respect to any lost Messages, Content, or other data, such as the deletion of or failure to store Messages, Content, or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). CCNC reserves the right to, but has no obligation to, store or keep copies of any Messages, Content, or other information, unless otherwise required by law or court order.
11. Disclaimer of Warranties
CCNC IS PROVIDING THE SITE AND THE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. CCNC DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE, AND THE CONTENT INCLUDED ON THE SITE OR PROVIDED THROUGH THE SITE. CCNC DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE MANNER. THE SITE AND CONTENT ARE FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, MEDICAL, LEGAL, OR OTHER DECISIONS. CCNC ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF ANY CONTENT. CCNC MAKES NO WARRANTY REGARDING ANY SERVICES OR GOODS PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. CCNC MAKES NO WARRANTY THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.
12. Limitation of Liability
IN NO EVENT SHALL CCNC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF CCNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS; (iii) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH CCNC OR A THIRD-PARTY THROUGH THE USE OF THE SITE; OR (iv) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SITE OR RELIANCE ON SUCH INFORMATION. YOU SPECIFICALLY AGREE THAT CCNC IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, CCNC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
13. Governing Law and Jurisdiction
CCNC maintains the Site from its offices in Raleigh, North Carolina, U.S.A. These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forums for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in Wake County, North Carolina, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.
All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to CCNC at the following contact: Paul Mahoney at firstname.lastname@example.org.
Any notices to you may be made via either e-mail or postal mail to the address in CCNC’s records or via posting on the Site.
Please report any violations of these Terms and Conditions to CCNC at the contact listed above.
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or to these Terms and Conditions must be filed within twelve (12) months after the facts occurred upon which the cause of action arose, or shall forever be barred.
These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Site.
CCNC’s failure to enforce a particular provision of these Terms and Conditions does not mean that CCNC waives the right to enforce it in the future; CCNC shall waive such a right only in writing.
These Terms and Conditions constitute the entire agreement between you and CCNC and govern your use of the Site, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and CCNC on the subject matter hereof.
16. Procedure for Making Claims of Copyright Infringement
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the Content made available through the Site infringes your copyright, please provide CCNC’s copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
CCNC’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Paul Mahoney, Vice President for Communications