AGREEMENT BETWEEN USER AND St. Joseph
The St. Joseph Web Site is comprised of various Web pages operated by St.
Joseph.
The St. Joseph Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the St. Joseph Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
St. Joseph reserves the right to change the terms, conditions, and notices under
which the St. Joseph Web Site is offered, including but not limited to the
charges associated with the use of the St. Joseph Web Site.
LINKS TO THIRD PARTY SITES
The St. Joseph Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of St. Joseph and St. Joseph 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.
St. Joseph is not responsible for webcasting or any other form of transmission
received from any Linked Site. St. Joseph is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by
St. Joseph of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the St. Joseph Web Site, you warrant to St. Joseph
that you will not use the St. Joseph Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the St.
Joseph Web Site in any manner which could damage, disable, overburden, or impair
the St. Joseph Web Site or interfere with any other party's use and enjoyment of
the St. Joseph Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the St. Joseph Web Sites.
USE OF COMMUNICATION SERVICES
The St. Joseph Web 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 particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
St. Joseph has no obligation to monitor the Communication Services. However, St.
Joseph reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. St. Joseph reserves the
right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
St. Joseph 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 St. Joseph's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. St. Joseph does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, St. Joseph specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized St. Joseph spokespersons, and their views do not necessarily reflect
those of St. Joseph.
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 St. Joseph OR POSTED AT ANY St. Joseph WEB SITE
St. Joseph does not claim ownership of the materials you provide to St. Joseph
(including feedback and suggestions) or post, upload, input or submit to any St.
Joseph Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting St. Joseph, 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, as
provided herein. St. Joseph is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in St. Joseph'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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE St. Joseph WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. St. Joseph
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE St. Joseph WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE St. Joseph WEB 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.
St. Joseph AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE St. Joseph
WEB 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. St. Joseph AND/OR ITS
SUPPLIERS HEREBY DISCLAIM 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 St. Joseph
AND/OR ITS SUPPLIERS 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 St. Joseph WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE St. Joseph WEB 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 St. Joseph WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE St. Joseph WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF St.
Joseph OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE St. Joseph WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE St. Joseph WEB SITE.
SERVICE CONTACT : stjosephnorthbend@roadrunner.com
TERMINATION/ACCESS RESTRICTION
St. Joseph reserves the right, in its sole discretion, to terminate your access
to the St. Joseph Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
St. Joseph Web Site. Use of the St. Joseph Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and
St. Joseph as a result of this agreement or use of the St. Joseph Web Site. St.
Joseph's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of St.
Joseph's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the St. Joseph Web Site or information
provided to or gathered by St. Joseph with respect to such use. If any part of
this agreement 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
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and St. Joseph with
respect to the St. Joseph Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and St. Joseph with respect to the St. Joseph Web
Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the St. Joseph Web Site are: Copyright © 2009 St. Joseph Parish
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
St. Joseph is committed to protecting your privacy and developing technology
that gives you the most powerful and safe online experience. This Statement of
Privacy applies to the St. Joseph Web site and governs data collection and
usage. By using the St. Joseph website, you consent to the data practices
described in this statement.
Collection of your Personal Information
St. Joseph collects personally identifiable information, such as your e-mail
address, name, home or work address or telephone number. St. Joseph also
collects anonymous demographic information, which is not unique to you, such as
your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is
automatically collected by St. Joseph. This information can include: your IP
address, browser type, domain names, access times and referring Web site
addresses. This information is used by St. Joseph for the operation of the
service, to maintain quality of the service, and to provide general statistics
regarding use of the St. Joseph Web site.
Please keep in mind that if you directly disclose personally identifiable
information or personally sensitive data through St. Joseph public message
boards, this information may be collected and used by others. Note: St. Joseph
does not read any of your private online communications.
St. Joseph encourages you to review the privacy statements of Web sites you
choose to link to from St. Joseph so that you can understand how those Web sites
collect, use and share your information. St. Joseph is not responsible for the
privacy statements or other content on Web sites outside of the St. Joseph and
St. Joseph family of Web sites.
Use of your Personal Information
St. Joseph collects and uses your personal information to operate the St. Joseph
Web site and deliver the services you have requested. St. Joseph also uses your
personally identifiable information to inform you of other products or services
available from St. Joseph and its affiliates. St. Joseph may also contact you
via surveys to conduct research about your opinion of current services or of
potential new services that may be offered.
St. Joseph does not sell, rent or lease its customer lists to third parties. St.
Joseph may, from time to time, contact you on behalf of external business
partners about a particular offering that may be of interest to you. In those
cases, your unique personally identifiable information (e-mail, name, address,
telephone number) is not transferred to the third party. In addition, St. Joseph
may share data with trusted partners to help us perform statistical analysis,
send you email or postal mail, provide customer support, or arrange for
deliveries. All such third parties are prohibited from using your personal
information except to provide these services to St. Joseph, and they are
required to maintain the confidentiality of your information.
St. Joseph does not use or disclose sensitive personal information, such as
race, religion, or political affiliations, without your explicit consent.
St. Joseph keeps track of the Web sites and pages our customers visit within St.
Joseph, in order to determine what St. Joseph services are the most popular.
This data is used to deliver customized content and advertising within St.
Joseph to customers whose behavior indicates that they are interested in a
particular subject area.
St. Joseph Web sites will disclose your personal information, without notice,
only if required to do so by law or in the good faith belief that such action is
necessary to: (a) conform to the edicts of the law or comply with legal process
served on St. Joseph or the site; (b) protect and defend the rights or property
of St. Joseph; and, (c) act under exigent circumstances to protect the personal
safety of users of St. Joseph, or the public.
Use of Cookies
The St. Joseph Web site use "cookies" to help you personalize your online
experience. A cookie is a text file that is placed on your hard disk by a Web
page server. Cookies cannot be used to run programs or deliver viruses to your
computer. Cookies are uniquely assigned to you, and can only be read by a web
server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to
save you time. The purpose of a cookie is to tell the Web server that you have
returned to a specific page. For example, if you personalize St. Joseph pages,
or register with St. Joseph site or services, a cookie helps St. Joseph to
recall your specific information on subsequent visits. This simplifies the
process of recording your personal information, such as billing addresses,
shipping addresses, and so on. When you return to the same St. Joseph Web site,
the information you previously provided can be retrieved, so you can easily use
the St. Joseph features that you customized.
You have the ability to accept or decline cookies. Most Web browsers
automatically accept cookies, but you can usually modify your browser setting to
decline cookies if you prefer. If you choose to decline cookies, you may not be
able to fully experience the interactive features of the St. Joseph services or
Web sites you visit.
Security of your Personal Information
St. Joseph secures your personal information from unauthorized access, use or
disclosure. St. Joseph secures the personally identifiable information you
provide on computer servers in a controlled, secure environment, protected from
unauthorized access, use or disclosure. When personal information (such as a
credit card number) is transmitted to other Web sites, it is protected through
the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
St. Joseph will occasionally update this Statement of Privacy to reflect company
and customer feedback. St. Joseph encourages you to periodically review this
Statement to be informed of how St. Joseph is protecting your information.
Contact Information
St. Joseph welcomes your comments regarding this Statement of Privacy. If you
believe that St. Joseph has not adhered to this Statement, please contact St.
Joseph at stjosephnorthbend@roadrunner.com . We will use commercially reasonable
efforts to promptly determine and remedy the problem.