CINQCARE is pleased to offer you access to this website (the “Site”), CINQCARE’s social network (the “Social Network”), and other services that CINQCARE may from time to time provide from this website, subject to these Terms and Conditions of Use (the “Terms”). These Terms apply to all users of the Site and the Social Network, including users who are also contributors of User Generated Content (as hereinafter defined).
BY PROCEEDING BEYOND THE SITE HOME PAGE OR VIEWING OR POSTING CONTENT TO THE SOCIAL NETWORK, YOU EXPRESS YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF THESE TERMS. CINQCARE MAY, IN ITS SOLE DISCRETION, MODIFY, RESTRICT, CHANGE, OR OTHERWISE ALTER THESE TERMS, THE SITE, OR THE SOCIAL NETWORK, IN WHOLE OR IN PART, IMPOSE LIMITS ON CERTAIN FEATURES ON THE SITE OR THE SOCIAL NETWORK, OR RESTRICT YOUR ACCESS TO PART OR ALL OF THE SITE OR THE SOCIAL NETWORK. BY CONTINUING TO ACCESS AND USE THE SITE AND/OR THE SOCIAL NETWORK YOU WILL BE EVIDENCING YOUR CONSENT TO, AGREEMENT WITH, AND UNDERSTANDING OF, SUCH MODIFICATIONS, CHANGES OR ALTERATIONS. PLEASE REVIEW THESE TERMS REGULARLY AS THEY MAY BE MODIFIED FROM TIME TO TIME WITHOUT NOTICE TO YOU.
All of the channel names and all of the feature names are the registered trademarks of CINQCARE, and may not be used without the prior written approval of CINQCARE. The channel logos are the registered trademarks of CINQCARE, and may not be used without the prior written approval of CINQCARE. All other brands, names, and logos are the property of their owners and are used with specific permission by CINQCARE.
*All other brands and names are the property of their respective owners.
Single Copy License
The materials on this site are copyrighted, and any unauthorized use of any materials on this site may violate copyright, trademark, and other laws. You may download one copy of the information or software (“Materials”) found on CINQCARE sites on a single computer for your personal, noncommercial, internal use only, unless specifically licensed to do otherwise by CINQCARE in writing or as allowed by any license terms that accompany or are provided with individual Materials. This is a license, not a transfer of title and is subject to the following restrictions: you may not (a) modify the Materials or use them for any commercial purpose or any public display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.
Ownership of Materials
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without CINQCARE prior written permission. Except as expressly provided herein, CINQCARE and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Other rights may be granted to you by CINQCARE in writing or incorporated elsewhere in the Materials.
Termination of this License
HC may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.
THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL UFP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF HC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. CINQCARE and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within these materials. CINQCARE may make changes to these materials or to the products described therein at any time without notice. CINQCARE makes no commitment to update the Materials.
Links to Other Materials
The linked sites are not under the control of CINQCARE, and CINQCARE is not responsible for the content of any linked site or any link contained in a linked site. CINQCARE reserves the right to terminate any link or linking program at any time. CINQCARE does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
CINQCARE Generated Content
The copyright rights and other property rights to the Site and the Social Network is owned by CINQCARE. All rights regarding the content posted to the Site and the Social Network by CINQCARE are reserved by CINQCARE. The content on the Site may not be used or disseminated without the prior written consent of CINQCARE, except that you may download files solely for the purpose of doing business with CINQCARE. The Site and the Social Network may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by CINQCARE or by third parties for CINQCARE. Such content is for your reference only and should not be relied upon by you for any purpose. CINQCARE is not responsible for the content’s accuracy and reliability.
CINQCARE may provide links to other websites as a convenience for its Site and Social Network users. CINQCARE is not responsible for the content of these other websites, and CINQCARE does not endorse, warrant or guarantee the products or services described or offered in these other websites.
User Generated Content
Any material, information, or other communication you transmit or post to this Site will be considered non-confidential and nonproprietary (“Communications”). CINQCARE will have no obligations with respect to the Communications. CINQCARE and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
You may submit content, including text, images, photographs, audio and video to the CINQCARE Social Network (collectively, “User Generated Content”), provided that you abide by these common sense rules:
If you post it, you own it Think twice before you publish. Keep in mind that even if original content can be deleted, the content that is shared and distributed through an array of channels can be reposted, searched, and found on the Internet.
Respect the law, including with regard to intellectual property It is critical that you show proper respect for the law generally, and specifically for the laws governing copyright and fair use of copyrighted material. You should not quote more than short excerpts from someone else’s work. It is good general practice to link to others’ work. Use appropriate symbols to mark the first appearance of trademarked terms in your content. Do not post images, music or other copyrighted content unless you own them or have permission from the owner to display such content in this context. Keep in mind that the laws may differ depending on where you live.
Treat others like you want to be treated Be respectful of others’ opinions and beliefs. Use common courtesy when posting content: refrain from abusive, obscene, or offensive language, images, or links. Do not post content from, or links to, Internet sites that feature sexual content, gambling, or that advocate intolerance of others; and do not create such content on the Social Network.
Do not post confidential or proprietary information By posting content to the Social Network, you are agreeing to allow anyone with access to the Social Network to access it and use it without restriction, except with regard to any applicable intellectual property rights that you or others may have in such content. You agree that you will not post or transmit material that is confidential or proprietary to you or a third-party.
User Chat Rooms
CINQCARE may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications and the content
of any such Communications or where users communicate solely with each other, including but not limited to chat rooms, bulletin boards, or other user forums. CINQCARE, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
It is your sole responsibility to comply with state and federal laws as well as institutional and professional guidelines with respect to patient confidentiality. You are, at all times, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient information.
CINQCARE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED BY THE PARTICIPANT WHILE USING THE SITE AND THE MATERIALS ON THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SITE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
Privacy and Use of Information
CINQCARE respects your personal privacy and the sensitivity of your personal information. The information on this website is provided by CINQCARE and we are committed to protecting the privacy of our users. CINQCARE does not sell, trade, or rent the personal identifying information of its users to third parties unless required by law. CINQCARE collects no personal identifying information about its users except when specifically and knowingly provided by such users. A user’s personal identifying information may be used by CINQCARE to improve its services to its users.
Users who have requested updates may receive information from CINQCARE on new therapies, products and services that may help them better manage their care. Any information received is not an endorsement or opinion of CINQCARE regarding any treatment option, product or service.
You acknowledge that (a) CINQCARE cannot ensure the security or privacy of Content you provide through the Internet and your private messaging, and you release us from any and all liability in connection with the use of such Content by other parties; (b) we are not responsible for, and cannot control, the use by others of any Content which you post on the Services or provide to them and you should use caution in selecting the personal information posted or provided to others through the Services; and (c) we cannot assume any responsibility for the Content sent by other users of the Services, and you release us from any and all liability in connection with the Content of any communications you may receive from other users.
Be considerate of others’ privacy, do not reference another without his or her permission.
Content posted by CINQCARE employees is their own and does not necessarily represent the positions, strategies, or opinions of CINQCARE, unless such persons have been authorized by CINQCARE to speak on its behalf. The content on the Social Network is provided for informational purposes only and is not meant to be an endorsement or representation by CINQCARE or any other party.
Digital Millennium Copyright Act Notice And Takedown Procedure
If you believe that your copyright or other rights have been infringed, please provide CINQCARE’s Designated Agent (identified below) written notice with the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest.
• A description of the copyrighted work or other work that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the Site or the Social Network.
• Your address, telephone number, and email address.
• A written 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.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
CINQCARE’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
CINQCARE 564 Niagara St. Building 2, Buffalo NY 14201
Attn: Lou Santiago, CFO Contact us via our contact page and reference your copyright infringement issue.
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
This site is controlled by CINQCARE from its offices within the United States of America. CINQCARE makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.
CINQCARE may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.