Terms of Service
 
Last updated April 4, 2008

1. Acceptance of TERMS

NextStep Care provides its service to you subject to the following Terms of Service (TOS). NextStep Care may update this TOS by posting a new version at http://www.nextstepcare.org, and your continued use of this service after any such update constitutes your binding acceptance of such changes. By viewing Web pages in this site, you accept, without limitation or qualification, these terms.

2. Description of SERVICE. NextStep Care provides its users with resources including but not limited to health information, news, financial information about NextStep Care, job postings, links to other resources, and a storefront (collectively, the “NextStep Care Website”). Unless explicitly stated otherwise, any new features that augment or enhance the current NextStep Care Website shall be subject to the TOS.

3. Copyright. All material on this site, and the files associated with it, are copyrighted by Source Care Management (NextStep Care) or by the original creator of that material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this site is in the public domain. You may download, copy, reproduce, redistribute, republish, display, post, or transmit material on this site only if expressly permitted, and then only the designated material. NextStep Care in no way represents or warrants that your use of materials displayed on this site does not infringe the rights of third parties.

4. User CONDUCT. It is your responsibility to know, understand, and abide by the following NextStep Care rules of web conduct. These rules are not meant to be exhaustive, and NextStep Care reserves the right to determine what types of conduct it considers to be inappropriate use of the Website and to take such disciplinary measures as it sees fit. NextStep Care reserves the right to add to or amend this list of rules at any time, and you are responsible for checking the TOS for any changes each time you access the NextStep Care Website.

You agree that you will not, under any circumstance:

a. Reproduce, duplicate, copy, sell, transfer, trade, resell, or exploit for any commercial purposes, any portion of the NextStep Care Website;

b. Upload, post, e-mail, transmit, share or otherwise make available any content that is unlawful, harmful, disruptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable and /or illegal;

c. Impersonate any person or entity, including, but not limited to, a NextStep Care employee, or falsely state or otherwise misrepresent your affiliation with a person or entity including any NextStep Care member organization;

d. Upload, post, e-mail, transmit, share or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

e. Upload, post, e-mail, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment.

5. Links. You may not establish a link to this site without the express written consent of the Web Manager of NextStep Care. Please note that this site is linked to other sites which may have different terms of use. Please refer to those sites for the appropriate information.

6. Accuracy. While making reasonable efforts to ensure that all information in this site is accurate and up to date, NextStep Care makes no representation or warranty of the accuracy, reliability, or completeness of the information.

7. Specific Disclaimer Concerning Health & Wellness Information. The information provided in this Web site is for informational purposes only. It is not a substitute for medical advice. All information presented should be discussed with your healthcare professional. Any health care advice offered is ONLY general health care advice, not advice to a specific person based on a specific patient’s condition. The advice is intended to provide only a general basis for persons to discuss their personal medical condition with their health care provider. Persons suffering from specific health care problems are strongly urged to directly consult their personal health care provider.

8. Disclaimer of Warranties. You expressly understand and agree that:

a. YOUR USE OF THE NextStep Care WEBSITE IS AT YOUR SOLE RISK. THE NextStep Care WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NextStep Care EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NextStep Care ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS.

b. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE NextStep Care WEBSITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NextStep Care OR THROUGH OR FROM THE NextStep Care WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

9. Limitations on Liability

NextStep Care EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM IT. YOU UNDERSTAND AND AGREE THAT NextStep Care SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CHS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE NextStep Care WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE CHS WEBSITE.

10. No Third-Party Beneficiaries. 

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.

11. Employment Opportunities. NextStep Care is an equal opportunity employer. NextStep Care is committed to non-discriminatory practices in all aspects of employment. Individuals seeking employment with NextStep Care should complete the employment application process. Communications through the NextStep Care website are not considered applications for employment. Expressions of interest in a job nor completion of an employment application do not in any way create any implied or expressed contractual obligation on the part of NextStep Care.

12. Communications by You. Any communication or material you transmit to the site by electronic mail or otherwise, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of NextStep Care and may be used for any purpose, including, but not limited to, reproduction, market research, fund-raising and focus groups. NextStep Care is committed to securing the information you provide to us. NextStep Care uses physical, electronic, and procedural safeguards to help protect your personal information. Even with these safeguards, please be aware that information transmitted over the Internet is not secure, thus confidentiality cannot be guaranteed.

13. Privacy. We refer you to our Privacy Statement for a complete discussion of how NextStep Care utilizes information you communicate via our Web site.

14. Trademarks. All trademarks, service marks, and logos ("Trademarks") displayed and used in this site are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any Trademark without the written permission of its owner.

15. Content of Linked Sites. NextStep Care has not reviewed other sites linked to its site, and is not responsible for their content. Accessing linked sites is at your own risk. Provisional links from this site to sites located outside of NextStep Care does not imply endorsement or credibility of the service, information or product offered through the linked sites.

16. Revisions. NextStep Care reserves the right to modify and supplement these terms at any time, without prior notice, by posting the new terms on the site. You agree that your continued access and use of the site shall constitute your acceptance of the new terms.

17. Modifications to Service. NextStep Care reserves the right at any time to modify or discontinue, temporarily or permanently, the NextStep Care Website (or any part thereof), including the members-only areas, with or without notice. You agree that NextStep Care shall not be liable to you or any third party for any modification, suspension or discontinuation of the NextStep Care Website.

18. Entire Agreement. The TOS constitutes the entire agreement between you and NextStep Care with respect to the NextStep Care Website and supercedes any prior agreements, oral or written, between you and NextStep Care.

19. Choice of Law and Forum. The TOS and the relationship between you and NextStep Care shall be governed by the laws of the State of Georgia.

20. Waiver and Severability of Terms. The failure of NextStep Care to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

YOU ACCEPT THESE TERMS BY USING THIS WEB SITE.