Welcome to www.JohnsHopkinsClub.org (the "Website"). Johns Hopkins Club, Inc.
("We" or "Us") has included a wealth of information and functionality
for users of Our Website, all of which is provided subject to the
following Website Terms and Conditions of Use set forth below. These
"You" and "Your" includes you individually and the company or employer
you work for, if you are accessing the Website for purposes related to
your employer's business.
Introduction: PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE! IT CONTAINS IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A CHOICE OF
FORUM CLAUSE. By accessing this Website, You acknowledge, represent
(ii) You have and will access the Website and provide information to Us
with the bona fide intent to use or to evaluate the Website, and not
with an ulterior motive, such as to download portions of the Website to
compete with Us or provide information to one of Our competitors; and
(iii) in using the Website, You will comply with all applicable
international, country, federal and state laws, rules and regulations.
with our Acceptable Use Policy and the Website Privacy Statement govern
Your license to access and use the Website and materials and
and/or any of our Website policies at any time by posting revisions to
the Website. If you make use of the Website after any changes are
posted, that use shall constitute your acceptance of each revised
the Acceptable Use Policy, Our Privacy Statement or any revised Website
policy, you must exit the Website immediately.
Submissions to the Website.
In providing information and materials on the Website, We are not
rendering legal, medical or other professional services or advice. If
legal or other expert assistance is required, the services of a
competent professional should be sought.
Forum Postings. All information and text that You post on the Website
discussion forums ("postings") immediately become part of Website and
You agree and consent to the use of such postings by Us or anyone from
the public, free of any claim by You for copyright infringement or other
violation of any of Your rights. All such postings are non-confidential
and non-proprietary. In placing any posting on the Website, You grant
to Us an irrevocable, non-exclusive, perpetual, royalty-free and
worldwide right and license to disseminate and make use Your posting for
any purpose not prohibited expressly by applicable law, without any
obligation to pay You any royalties or provide any attribution to You.
(2) The Website
and Materials Provided by Others. All words, photographs, graphics,
images, content, articles and other information that We or any of Our
users (other than You) make available on the Website (the "Website
information") are protected by applicable copyright, trademark, trade
secret and other laws protecting Our proprietary rights and the rights
of Our contributors and the authors of such works. By making any use of
the Website, You agree that We are not offering for sale or selling the
Website information, but instead are granting You a limited,
royalty-free, non-exclusive, revocable and non-transferable license to
make use of the Website information for Your own personal or internal
business purposes. Unless otherwise set forth in a separate written
agreement signed by Us, You agree that this license does not permit You
(i) Download any Website information (except to the extent of your browser's ordinary caching operation);
any Website information downloaded (or copied in another form) for
money, barter, exchange or other consideration;
Redistribute any Website information to anyone (except to Your bona fide
employees who need the Website information for internal business
(iv) Make any more than one print copy of any of the Website information;
(v) Republish any Website information for any purpose, including commercial gain;
(vi) Make any alterations, additions or other modifications to any Website information; or
(vii) "Mirror" any Website information on any other server.
All other rights are
expressly reserved by Us and Our contributors. This license
automatically terminates if You breach any provision of these Terms of
Use or the Acceptable Use Policy. Upon termination, You must immediately
destroy or return all downloaded and printed items containing any
Membership Registration. On
this Website is posted the Membership Application form to join Our
organization. Memberships are individual, non-transferable and
non-refundable. Once Your application is accepted, You will be provided a
user name and password to access certain portions of the Website, such
as the discussion forums, that are not generally available to the public
(the "Restricted Areas"). All Personal Information You provide to us in
connection with your registration will be handled in accordance with
Our Privacy Statement. If at any time any Personal Information You
provided to Us is incorrect or has changed, please complete and submit a
Membership Change of Information Form.
When You register for access to Restricted Areas of the Website, You represent and/or agree that:
(i) You are 13
and all information, including Personal Information, You supply to us is
true, correct and complete;
(iii) You have full
power, authority and legal capacity to enter into, and perform your
behalf of a business or entity, You agree that you have the authority to
bind Your principal or employer;
(iv) Your execution
and will not result in a breach of, any other obligations, duties,
agreements or covenants and will not violate any applicable existing
laws, regulations, rules, statutes or governmental orders;
(v) You have and
will access the Website and provide information to Us with the bona fide
intent to use or to evaluate the Website;
(vi) In using the
Website, You will comply with all applicable international, country,
federal and state laws, rules and regulations;
(vii) You will not
disclose Your user name or password to anyone, You will maintain such
codes securely so that no other person may gain access to them, and You
will notify Us within twenty-four (24) hours of any unauthorized
disclosure or use of Your user name and/or password; and
(viii) To the
extent that You are negligent in maintaining the confidentiality of Your
user name and password, You will be responsible for all damages caused
to the operation of the Website through the use of Your user name and
password occurring prior to when You notify Us that Your account has
been compromised and We have reasonable time under the circumstances to
terminate applicable access rights.
Misuse of the Website. You
use of the Website or any Website information that is not in conformity
with this Agreement or with the Acceptable Use Policy attached hereto,
which is incorporated by reference.
No License to Trademarks.
All trademarks, service marks, tradenames or other identifying marks
displayed on the Website are owned by Us and/or Our licensors. Except as
applicable law may otherwise provide, or as We may otherwise agree in a
signed, separate writing, We do not consent to any use of the Marks by
any person and do not grant You any right to use the Marks displayed on
Linking to the Domain; No
"Framing."We permit reasonable, good faith and non-defamatory links to
the Website so long as: (i) it is clear in the link reference that
Maryland-National Capital Home Care Association does not endorse the
contents of the referring page and that any statements made have not
been reviewed or approved by Us; and (ii) no use is made of Our Marks
(though our wordmarks may be used if proper credit is provided on the
page). We do not consent to "framing" Our content or any Website
information inside of any other page.
Available Remedies. We do
not censor, validate, review, edit, verify, warrant or vouch for the
accuracy and quality of any postings that You place, or provide for
placement, on the Website, or any Website information that You may
acquire from or view on the Website. Further, We do not, as an ordinary
practice, monitor the communications of Website users to ensure that
aware of harmful activities, in Our sole and unfettered discretion We
may take action to stop the harmful activity, including but not limited
to, removing Website information or Your postings, shutting down a link,
implementing screening software designed to block offending
transmissions, or any other action We deem appropriate to correct the
conduct and/or prevent its re-occurrence. Moreover, We are required by
law to: (i) notify law enforcement agencies when We become aware of the
presence of child pornography on or being transmitted through the
Website; and (ii) remove or block access to Website information and
postings upon receipt of a proper notice of copyright infringement. It
is also Our policy to terminate the privileges of users who commit
repeat violations of copyright laws, and We reserve the right not to
accept postings from You or from anyone else where we have actual
remedies are non-exclusive.
Term & Termination.
Your right to use this Website is effective from the date You first
enter this Website and, unless terminated as provided herein, shall
continue until: (i) You breach or default in performance of these Terms
of Use or any other written agreement with Us; or (ii) You object to any
Website policy; or (iii) You notify us in writing of Your election to
terminate Your membership registration. In addition to any other remedy
terminate Your membership registration or Your ability to access or
place postings on or through the Website. Furthermore, We may also
refuse all pending postings placed by You through the Website. Upon any
this Website, and You shall remain liable for all transactions
conducted and postings placed by You using this Website prior to
will NOT terminate any other written agreement between You and Us.
Further, we terminate the right to terminate the Website at any time.
You agree to transact business with Us using electronic communications,
either via web forms on the Website, or via email. Electronic
communications will be deemed received by You when your email system
reports that any email we send you, has been received by your system,
regardless of whether you ever actually open or read such email. We
may, but are not required, to use return receipt requests. Unless
specifically required by applicable law, You consent to receive all
notices, information, and other communications from Us concerning any
subject matter, via electronic email. It is Your responsibility to
maintain a valid email address, and we may terminate your access to the
Website at any time that we determine You are in violation of these
Indemnity. If You place any
posting on the Website, provide any submission for posting on the
to Us for Your actions and, in the event We are threatened with or are
actually sued by any person on account of or arising from Your
activities (including but not limited to any claim of infringement of
intellectual property rights of such person), You agree to indemnify and
hold harmless Us and Our employees, directors, affiliates, volunteers,
members and customers, from and against all such claims, demands,
damages and losses claimed by such person, and this includes Your
agreement to pay all related costs and expenses, including Our
reasonable legal fees that We incur.
Disclaimer of Warranties.
WE AND OUR CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU
ABOUT THE SUITABILITY, ACCURACY, QUALITY OR RELIABILITY OF THE WEBSITE
INFORMATION OR POSTINGS FOR ANY PURPOSE. ALL WEBSITE INFORMATION AND
POSTINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE HEREBY
DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
WEBSITE INFORMATION OR POSTINGS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING
UNDER SUBTITLE 4 OF TITLE 22 OF THE PENNSYLVANIA ANNOTATED CODE
COMMERCIAL LAW ARTICLE. THERE IS NO WARRANTY THAT ANY WEBSITE
INFORMATION, POSTINGS, CONTENT, EFFORTS, SERVICES, THE WEBSITE OR ANY
SYSTEM PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR
NEEDS. WEBSITE TECHNICAL SUPPORT AND OTHER STAFF SERVICES ARE PROVIDED
ON A BEST EFFORTS BASIS AND ARE NOT WARRANTED FREE-OF-ERROR.
Limitations. YOU AGREE THAT
YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT
OF THE WEBSITE OR ANY WEBSITE INFORMATION, SUBMISSION OR POSTING IS FOR
US TO REPAIR, REPLACE OR OTHERWISE CORRECT SUCH WEBSITE INFORMATION,
SUBMISSION OR POSTINGS; UNDER NO CIRCUMSTANCES WILL WE OR OUR
CONTRIBUTORS BE LIABLE TO YOU FOR ANY DAMAGES, COSTS OR FEES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO ACTUAL, COMPENSATORY, DIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT OCCASIONED
BY OUR NEGLIGENCE. FURTHER, IN NO EVENT SHALL WE AND/OR OUR
CONTRIBUTORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
THE WEBSITE OR WEBSITE INFORMATION, SUBMISSIONS OR POSTINGS AVAILABLE ON
THE WEBSITE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH
Choice of Law & Forum;
the laws of the State of Maryland, exclusive of its conflicts of laws
provisions. Any controversy or claim arising out of or related to these
of Maryland, and THE PARTIES HEREBY CONSENT TO THE EXCLUSIVE
other Website policy and We incur attorneys' fees to enforce such
policies, We shall be entitled to receive, and the court shall award,
Our reasonable attorneys' fees and costs incurred in such action.
Miscellaneous. These Terms
of Use and all documents referenced herein constitute the entire
agreement, and amend all written agreements, between You and Us.
Nonetheless, the terms and conditions of any written agreement executed
by and between You and Us shall control over any contradictory or
jurisdiction in which it is performed, then the meaning of that section
will be interpreted, to the extent feasible, in a way that renders it
enforceable. If no feasible interpretation is possible, the section will
will remain in full force and effect. We may assign Our rights and
responsibilities hereunder, in whole or in part, to any person or entity
at any time. You may not assign Your rights and responsibilities under
joint venture, partnership, employment or agency relationship exists
ACCEPTABLE USE POLICY
ACCEPTABLE USE OF WEBSITE.
You agree as follows in respect of the acceptable and unacceptable uses
agree not to:
a. use or attempt to use the Website for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.
b. send unsolicited bulk mail messages (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening e-mail is also prohibited. Normally we will assume that you are in compliance with this provision, however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.
c. breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
d. impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us. All messages and packets transmitted via the Internet Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting.
e. undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person's computers.
f. permit another person to use your resources or the Website to conduct any of the matters you are prohibited from doing.
g. distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
h. take any action that would cause us to violate any terms of an upstream service provider's acceptable use policy.
(i) Engage in any activity disruptive or abusive towards Our members or to Website operations, including and not limited to:
(i) Distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment or disrupt Website operations;
(ii) Degrade or impair the operation of Our servers and facilities or the servers and facilities of other network hosts or Internet users;
(iii) Post messages or software programs that consume excessive CPU time or storage space; and/or
Subvert, or assist others in subverting, the security or integrity of
any of Our systems, facilities or equipment.
The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Agreement.