Terms and Conditions of Use
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING THE LIFENET HEALTH DONOR FAMILIES FACEBOOK GROUP PAGE (THE “GROUP PAGE”). IT IS A BINDING AGREEMENT BETWEEN YOU (THE “USER”) AND LIFENET HEALTH AND ITS SUBSIDIARIES OR AFFILIATES (COLLECTIVELY, “LIFENET HEALTH”). BY ACCESSING OR USING THE GROUP PAGE, THE USER ACKNOWLEDGES THAT HE OR SHE HAS REVIEWED THESE TERMS AND CONDITIONS OF USE (THE “AGREEMENT”) AND AGREES TO THEM IN THEIR ENTIRETY. IF THE USER DOES NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THE USER MUST STOP USING THIS GROUP PAGE IMMEDIATELY.
The Group Page is for donor families to connect and support one another in their grief. The Group Page is a closed Facebook group. Users cannot join the Group Page without permission from LifeNet Health. The identities of Users who have joined the Group Page as a member are public, but individual members’ posts on the Group Page are viewable only by other members of the Group Page.
Medical Information and Emergencies. Any information contained on this Group Page regarding medical conditions or treatments is for education purposes only and should be not be used in lieu of medical advice provided by your healthcare provider. LifeNet Health is not a healthcare provider, does not practice medicine, and does not recommend any specific medical treatments for any condition. Please contact your healthcare provider for information or advice regarding medical problems and treatment. If you are experiencing an emergency, call 911 or your local emergency assistance number.
Privacy and Security. LifeNet Health makes no guarantee that any information posted on the Group Page or provided by a User will be kept confidential or private. Users should use discretion and take appropriate steps to protect any personal or other information that the User does not want disclosed on this Group Page.
Communications Sent Through Group Page. All information Users send to LifeNet Health through the Group Page, including, but not limited to, any personal identifiable information, questions or comments, or requests for information, is voluntarily disclosed by you and is considered non-confidential. Please do not send any protected health information as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) through the Group Page regarding yourself or anyone else. LifeNet Health has no legal obligation, reporting obligation, or other obligation with respect to the information submitted by you to the Group Page.
Information Posted to Group Page. LifeNet Health disclaims all liability for any information or content posted by you to the Group Page. You are responsible for ensuring that you have all necessary consents, permissions and authority to post any and all information and content on the Group Page, including, but not limited to any photos. Do not post any content that is subject to copyright laws or owned by a third party that has not given permission for you to post.
Use of Group Page. You agree to use the Group Page for your personal purposes only and to not use the Group Page or content posted to the Group Page in any manner prohibited by law, the terms of this Agreement, or Facebook policies. All disclaimers or endorsements of any products are services or solicitations for contributions for any cause are strictly prohibited. You may not disclose any proprietary or confidential information of or about LifeNet Health. Additionally, you may not represent that you are communicating the views of LifeNet Health, whether express or implied, on this Group Page or elsewhere.
Indemnification. You agree to indemnify, hold harmless and defend LifeNet Health, its directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to this Agreement and your use of the Group Page.
Disclaimer of Warranties. THE GROUP PAGE IS PROVIDED ON AN “AS IS” BASIS AND LIFENET HEALTH EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU EXPRESSLY AGREE THAT THE USE OF THE GROUP PAGE IS AT YOUR SOLE RISK. LIFENET HEALTH MAKES NO OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE GROUP PAGE.
LIFENET HEALTH DOES NOT WARRANT THAT THE INFORMATION PROVIDED IN THE GROUP PAGE, OR ANY INFORMATION PROVIDED BY OTHER WEBSITES LINKED TO THIS GROUP PAGE, IS ACCURATE, COMPLETE OR UP-TO-DATE. LIFENET HEALTH HAS NO OBLIGATION TO UPDATE THE CONTENT OF THIS GROUP PAGE OR ANY WEBSITE LINKED TO THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION REGARDING ITS PRODUCTS AND SERVICES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY OPINION, ADVICE, DATA, STATEMENT, MEMORANDUM, OR INFORMATION PROVIDED BY THIS GROUP PAGE OR INFORMATION PROVIDED ON WEBSITES LINKED TO THIS GROUP PAGE, SHALL BE AT YOUR SOLE RISK. LIFENET HEALTH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE GROUP PAGE.
Limitation of Liability. YOU AGREE THAT LIFENET HEALTH SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USE OF, OR INTERPRETING INFORMATION OBTAINED THROUGH USE OF THE GROUP PAGE. UNDER NO CIRCUMSTANCES SHALL LIFENET HEALTH BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE GROUP PAGE EVEN IF LIFENET HEALTH OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE GROUP PAGE AND TERMINATE THIS AGREEMENT.
LIFENET HEALTH DOES NOT CONTROL OTHER WEBSITES THAT MAY PROVIDE LINKS TO THE GROUP PAGE. LIFENET HEALTH SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING FROM INFORMATION CONTAINED ON OTHER WEBSITES, FROM THEIR LINKING TO THE GROUP PAGE, OR FROM LINKS ON THE GROUP PAGE TO OTHER WEBSITES.
Agreement; Modification to Terms. The effective date of this Agreement is the earlier of either (a) the date this Agreement is accepted by the User or (b) the date that the User begins accessing the Group Page. LifeNet Health reserves the right to modify this Agreement at any time, without notice, effective upon posting of an updated version of this Agreement on the Group Page. User is responsible for regularly reviewing updates to this Agreement. Continued use of the Group Page after any such changes shall constitute User’s consent to such changes.
General. This Agreement shall be governed by Virginia law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. The parties agree that jurisdiction and venue for all suits relating to or arising out of this Agreement or the Group Page shall be proper only in the state or federal courts located in Virginia Beach, Virginia. User hereby consents and agrees to the exercise of jurisdiction by such courts. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between User and LifeNet Health as a result of this Agreement or use of the Group Page. The failure of LifeNet Health to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LifeNet Health in writing. This Agreement, together with any exhibits or attachments hereto, comprises the entire Agreement between User and LifeNet Health and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.