TERMS AND CONDITIONS OF USE

Acceptance of Terms
THESE TERMS AND CONDITIONS ARE BINDING ON YOU (TOGETHER WITH ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU USE THE SITE, “YOU”). The Job Haines Home (“Job Haines,” “we,” or “us”) website www.job-haines.org (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use”). Without limiting the foregoing, you acknowledge that third parties may have a relationship with Job Haines that is governed by different agreements or terms and conditions and, you waive any claim against Job Haines with respect to such differing terms and conditions. If you are using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Use on such individual’s or entity’s behalf.

Modification of These Terms of Use
Job Haines reserves the right to change these Terms of Use at any time, as we deem appropriate. Upon any change in these Terms of Use, we will post the amended agreement on the Site with notice of the changes. Your continued usage of the Site following such notification will mean you accept those changes. If at any time you choose not to accept these Terms of Use, then please do not use the Site.

About the Site
It is important to note that the timeliness and accuracy of any or all of the Content (as hereinafter described) is not guaranteed. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified physician.

The Site Does Not Provide Medical Advice
You acknowledge that (i) the contents of the Site (including any item or information provided in direct response to your questions), such as text, graphics, images, information, data, suggestions or guidance, and (ii) any information that you obtain or receive from employees, contractors, partners, sponsors, advertisers, licensors or otherwise (collectively, (i) and (ii), the “Content”) are for informational purposes only. The use of the Site or Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition. In addition, no information posted on the Site and/or provided to clients in reports and other materials constitutes legal advice. You should seek legal advice from a duly licensed attorney before making any decisions relating to legal matters.

THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911. YOUR USE OF CONTENT PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

Job Haines does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other Content on the Site.

No Medical Professional/Patient Relationship  
NO MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE SITE.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER CONTENT HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT AND YOU HEREBY WAIVE ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST JOB HAINES, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS (EACH, A “REPRESENTATIVE”).

Limited Liability of Job Haines
WE PROVIDE THE SITE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR NONINFRINGEMENT. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING.  WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT PROVIDED BY USERS OF THE SITE OR ANY OTHER CONTENT, DATA OR CONTENT PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, JOB HAINES DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SITE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

General Limitation of Liability
IN NO EVENT SHALL JOB HAINES BE LIABLE WHATSOEVER FOR YOUR USE OF THE SITE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO, THE SITE AND/OR YOUR USE THEREOF. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, CORRUPTION OF DATA OR OTHER INFORMATION, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, PERSONAL INJURY OR DEATH, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF PHYSICIANS, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

Your Personal Information
In order to use certain portions of the Site, you may be asked provide certain Personal Information (as defined in the Privacy Policy). You may voluntarily submit, and hereby authorize Job Haines, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, contact information and other information that is either requested by Job Haines or volunteered by you (“Personal Information”). You may also choose to authorize Job Haines to share your Personal Information in accordance with the Privacy Policy. You have the right to refuse to authorize the use and/or disclosure of your Personal Information. If you chose to exercise this right, you may not be able to utilize some features of the Site. The Job Haines Privacy Policy (the “Privacy Policy”), which is available here [PRIVACY POLICY] explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

Content You Post or Submit
You may not post any Content on the Site. We reserve the right to remove posted Content for any reason in our sole discretion. We are not, however, responsible for any failure or delay in removing posted Content. Without limiting the foregoing:

  • You may not post, distribute, or reproduce in any way any Content or copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not take any action that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
  • You agree that you shall not link from any other website to the Site, link from the Site to any other point, or frame any Content contained on the Site.
  • You shall not introduce into the Site any virus, Trojan horse, trap door, worm, timer, clock, robot, bot, spider or other malicious, limiting, disabling or damaging software code, design, instruction or routine.
  • You agree that no information you provide or action you take shall cause Job Haines, its affiliates or its or their respective Representatives or users of the Site to violate any law, rule or regulation.

Your Responsibilities
You may not attempt to gain unauthorized access to any portion of the Site or computer systems or networks, through hacking, password mining or any other means. Without limiting the foregoing, you agree that you shall not (and shall not allow any third party to):

  • copy, modify, adapt, translate, or reverse engineer the Site or any Content;
  • remove any copyright, trademark or other intellectual property or proprietary rights notice or legend contained in or on the Site or any Content;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site;
  • access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database; or
  • reformat or frame any portion of the web pages that are part of the Site.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

Links to Other Sites
The Site may provide links to third-party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and Job Haines does not recommend and does not endorse or make any warranties or representations about these websites, the content on these websites or the products or services they offer. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property
All Content is the property of Job Haines or its licensors and is protected by federal and international copyright, patent, trade secret and trademark laws, and other proprietary rights. You acknowledge that the Site and any underlying technology or software used in connection with the Site contains Job Haines’s proprietary information. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. We give you permission to use Site and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site. Except as is expressly and unambiguously provided herein, Job Haines and its suppliers do not grant you any express or implied rights. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the Content belong to the respective third parties. Any rights, including all rights in or to the Site, Content or otherwise, which are not expressly granted by these Terms of Use are reserved and retained by, and shall inure to the benefit of, Job Haines.

Acceptable and Lawful Use of Site
The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the Site. You may not post Content that: (a) is obscene, indecent, pornographic or sexually explicit in nature; (b) infringes any third party’s copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy; (c) is defamatory, libelous, unlawfully threatening or unlawfully harassing; (d) is false or intentionally misleading; (e) involves the transmission of unsolicited mass mailing or “spamming”; or (d) otherwise creates any liability for Job Haines or causes Job Haines to lose (in whole or in part) the services of its Internet Service Provider(s) or other Representative. Users shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site.

Indemnity
You agree to defend, indemnify, and hold Job Haines, its affiliates and its and their respective Representatives, harmless from and against any claims, actions, demands, obligations, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, (a) your access to or use of the Site; (b) your violation of these Terms of Use; (c) your negligence or intentional misconduct; or (d) your violation of any intellectual property or other right.

General
Job Haines makes no claims that the Site or Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: The Site Does Not provide Medical Advice, No Doctor-Patient Relationship, General Limitation of Liability, Limited Liability of Job Haines, Content You Post or Submit, Your Responsibilities, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction
You unconditionally and irrevocably agree that exclusive jurisdiction for any dispute with Job Haines, or in any way relating to these Terms of Use, the Content or the Site, shall vest in the federal or State courts located in Newark, New Jersey and you further unconditionally and irrevocably consent to the exercise of personal jurisdiction by such courts in connection with any such dispute including any claim involving Job Haines, its affiliates, or its or their respective Representatives.

These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment
You may not assign, transfer or sublicense your rights or obligations under these Terms of Use to any one else and any attempt to do so in violation of this paragraph shall be null and void.

Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting us at 973-743-0792.

Complete Agreement
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Job Haines with respect to the use of the Site, and hereby supersede all prior understandings and agreements, whether oral or written, between the parties with respect to the subject matter hereof. To the extent there is an inconsistency between these Terms of Use and any other document (including the Privacy Policy), these Terms of Use shall govern.

Eligibility
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Site. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site, in compliance with the Children’s Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site on behalf of such minor child. By using the Site on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site. The right to access the Site is void where prohibited by applicable law. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all the terms and conditions contained herein.

Thank you for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted to Donna Plotnick, 973-743-0792 ext. 133.