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Residential
Skilled Nursing
Short-Stay Rehabilitation
Adult Day Health Care
Providence Care
St. Luke Health Services
299 East River Road
Oswego, New York 13126
Phone: (315) 342-3166
Fax: (315) 343-6531
Toll Free 1-800-257-0680
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Legal Notice, Disclaimer,
and Terms of Use
St. Luke Health Services ("St. Luke")
Use of this Website is subject to the following
terms and conditions. Your use of the website constitutes
acceptance of these terms and conditions.
I. Interpretations
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1.
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Definitions:
In this Agreement:
"Content" includes, but is not limited
to, all text, photographs, software, animation
files, graphics, video and audio files and anything
else contained in this Website.
"User" includes, but is not limited
to, any person who accesses this Website by
any means whatsoever, including, but not limited
to, legal, illegal, authorized and unauthorized
means.
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2.
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Invalidity:
If, for any reason whatsoever, any term of this
Agreement is deemed by a court to be void, void
able or otherwise unenforceable, such term shall
be deemed to be sever able from the remainder
of the Agreement, and the remainder of the Agreement
shall be construed and interpreted without reference
to the unenforceable term.
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3.
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Assignment:
St. Luke Health Services may assign its rights
or obligations under this Agreement at any time
without notice to Users.
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4.
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Termination:
Either St. Luke Health Services or the User
may terminate this Agreement at any time, either
with or without cause. The User may terminate
this Agreement by ceasing to use this Website.
The following clauses of this Agreement will
survive any termination by either party: II,
III, IV, V, VI and VII.
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II. Ownership, Rights and License
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1.
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Ownership:
The Content of this Website is owned by St.
Luke Health Services or is made available by
permission of the owner.
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2
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Rights:
The use of this Website grants no interest,
whether proprietary, license, or otherwise,
in the intellectual property rights, or any
other rights which may exist or are hereafter
developed in respect of any portion of the Website
or its Content.
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3.
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License:
Any computer software downloadable or otherwise
available from this Website is licensed subject
to the terms of the applicable license agreement.
Although every effort has been made to ensure
that any software that may be downloaded from
this Website is compatible with as many types
of computers as possible, Users should take
care to back up all essential software before
loading any software from this Website.
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III. Permitted secondary uses
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1.
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The User may freely download,
copy, display, exhibit, share, or otherwise
distribute the Content of this Website for non-commercial
purposes only. However, on any such downloading,
copying, display, exhibition, sharing or distribution,
the User must explicitly acknowledge St. Luke
as the provider of such Content. St. Luke reserves
the right to require the User to delete, destroy
or otherwise remove any content that is used
in a manner that in St. Luke's opinion is contrary
or otherwise inappropriate, derogatory or offensive.
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2.
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The User agrees that any person
to whom the Content is provided directly or
indirectly through the User, will be advised
of the terms of this Agreement, and that each
such person is bound by these terms
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3.
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The User may in no way modify,
reformulate, adapt, alter, adjust, change, disassemble,
frame or decrypt any of the Content of this
Website.
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IV. Third-party submissions
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1.
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By posting via email or otherwise
any Content, or know-how to this Website, including
electronic mail, the User grants to St. Luke
Health Services a perpetual, non-exclusive,
irrevocable, worldwide, royalty-free right and
license to use, download, upload, copy, exhibit,
display, distribute, publish, post to any other
public forum, perform, sell, alter, modify,
change, sub-license, create derivative works
from and otherwise treat as its own such Content,
trade secrets or know-how in whatever manner
St. Luke Health Services shall, in its sole
discretion, deem appropriate without any form
of recognition, credit, acknowledgement, reward
or compensation whatsoever for the User's contribution
of such Content, or know-how to St. Luke Health
Services. Furthermore, St. Luke, its affiliates,
contractors, agents and/or employees will in
no way be responsible or liable for damages,
whether they be direct, indirect, consequential,
incidental, special, punitive, exemplary or
general damages, contribution or indemnity of
any kind whatsoever, howsoever caused, resulting
from any alterations or additions to its goods,
products, programs, promotions and/or services
which may resemble any Content, or know-how
posted to this Website, including electronic
mail, by any User.
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2.
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Furthermore, by posting any
Content, trade secrets, or know-how to this
Website, including electronic mail, the User
represents and warrants that such Content, trade
secrets, or know-how is his or her own work,
is non-confidential, and its use by St. Luke
in no way violates the intellectual property
or other rights of any third parties. The duty
to ensure non-infringement of the rights of
any third parties rests solely with the User.
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3.
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The User agrees to indemnify,
contribute to, and hold harmless St. Luke, its
affiliates, contractors, agents and/or employees
against any liability, be it civil, criminal,
or quasi-criminal, resulting from the use, transfer
or sub-license by St. Luke of any Content, trade
secrets or know-how provided to St. Luke by
the User. This indemnification shall extend
and apply to any payment or other agreement
made by St. Luke, its affiliates, contractors,
agents and/or employees in settlement and/or
satisfaction of any such claim or potential
claim, whether such settlement and/or satisfaction
is either full or partial, and whether the payment
or other agreement is made or concluded either
prior to or following the institution of proceedings
against St. Luke, its affiliates, contractors,
agents and/or employees. As part of this indemnification,
the User agrees to cooperate with all reasonable
requests made by St. Luke, its affiliates, contractors,
agents and/or employees.
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V. Choice of law
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1.
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Any dispute arising out of
the use of this Website, the Content or availability
thereof, the construction or interpretation
of this Agreement, or anything related or similar
thereto is governed by the laws of the State
of New York, United States, without any reference
to conflicts of laws rules or principles.
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2.
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Any dispute arising out of
the use of this Website, the Content or availability
thereof, the construction or interpretation
of this Agreement, or anything related or similar
thereto is only to be decided by a court of
competent jurisdiction sitting within the legal
boundaries of the State of New York, United
States.
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VI. Rights to control site
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1.
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The Content of this Website
is subject to change, restriction or termination
without any notice to Users.
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VII. Limitations of liability
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1.
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This site is designed to provide
knowledge for informational purposes only. The
information is taken from sources believed to
be reliable, and the information is believed
to be accurate at the time it is posted to the
Website. However, there is no way to ensure
that the information is accurate at any moment
in time.
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2.
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There are certain links on
this Website which will lead the User to other
sites on the World Wide Web. These links are
provided for convenience only, and a link to
any other Website should not be taken to imply
any endorsement of any other Website by St.
Luke, its affiliates, contractors, agents and/or
employees.
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3.
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St. Luke Health Services, its
affiliates, contractors, agents and/or employees
are in no way responsible or liable for any
damages whether they be direct, indirect, consequential,
incidental, special, punitive, exemplary or
general damages, contribution or indemnity,
of any kind whatsoever, howsoever caused, (including,
but not limited to, breach of contract, loss
of profit, business interruption, loss of business
data or information, negligence or other tortious
behavior, deletion, error, defect, omission,
or destruction of the Content of the Website,
unauthorized access to, or alteration of, the
Content of this Website by third parties, or
employees, or agents of St. Luke Health Services,
transmission of material, or any other cause
of action, regardless of whether it arises at
law or in equity) arising out of the use or
non-availability of this Website, or reliance
on the Content contained herein, resulting from
any decision taken on the basis of information
provided through the Website, resulting from
the Content of other websites to which any User
links through this Website, or resulting from
any such change, restriction, or termination
of this Website or resulting from the incompatibility
of any software downloaded, copied, or otherwise
originating from this Website.
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4.
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This limitation of liability
shall apply even if St. Luke Health Services,
its affiliates; contractors, agents and/or employees
have been advised of the possibility of the
damages referred in this notice.
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5.
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This Website is provided "as
is". St. Luke Health Services, its affiliates;
contractors, agents and/or employees do not
warrant that the use of this Website will be
ninterrupted, error-free, stable or suitable
for all Users. St. Luke Health Services, its
affiliates, contractors, agents and/or employees
make no warranties, either express or implied,
about the Website, its availability, or its
operation without limiting the generality of
the foregoing, this includes implied warranties
of merchantability, fitness for a particular
purpose, expectation of privacy, or non-infringement.
Any User who accesses this Website does so solely
at his or her own risk.
The User agrees to indemnify, contribute to
and hold harmless St. Luke Health Services,
its affiliates, contractors, agents, and/or
employees, against any liability, be it civil,
criminal or quasi-criminal, resulting from any
violation of any law by the User in their use
of this Website. The User shall be responsible
to the full extent of any liability, payment
or other agreement made by St. Luke Health Services
its affiliates, contractors, agents and/or employees,
in settlement and/or satisfaction of any claim
or potential claim, whether such payment or
agreement is made or concluded prior to or following
the institution of formal proceedings against
St. Luke Health Services, its affiliates, contractors,
agents and/or employees.
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