Home Care Association of New York State (“HCA”)

Terms of Use

This World Wide Web site’s home page and all affiliated subsidiary home pages (the “HCA Web site”) is a complimentary information and services site offered by the Home Care Association of New York State, Inc. (“HCA”) at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in the HCA Terms of Use. HCA reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of the HCA Terms of Use (not an older cached version) each time you view the HCA Web site.Use of the HCA Web site constitutes your acceptance of all of the terms and conditions in the HCA Terms of Use, in their current form or as modified.

1. ACCEPTANCE

By using the HCA Web site or any products and services accessed through the HCA Web site (collectively the “HCA Network”), you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual HCA Network web site, product or service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE

Use of the HCA Network is subject to compliance with these Terms and Conditions.You acknowledge and agree that HCA may terminate your access to the HCA Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by HCA. Any such termination shall be in HCA's sole discretion and may occur without prior notice, or any notice. HCA further reserves the right to terminate any user's access to the HCA Network or to any of the Products and Services for any conduct that HCA, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to HCA or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations.HCA further reserves the right to terminate any user's access to the HCA Network or to any of the Products and Services for any reason or for no reason at all, in HCA's sole discretion, without prior notice, or any notice.

3. REGISTRATION AND PRIVACY

Certain portions of the HCA Network will require the user to register and provide certain data. In consideration of use of such portions of the HCA Network, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various HCA Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HCA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HCA has the right to suspend or terminate your account and refuse any and all current or future use of the HCA Network.

All HCA Network registrations become the exclusive property of HCA, its affiliates, and subsidiaries. HCA reserves the right to use and reuse all registration and other personally identifiable user information subject to the HCA Network Privacy Policy.Users may edit, update, alter, or obscure their personally identifiable information at any time by following the instructions located in the HCA Network Privacy Policy and at individual HCA Network sites.

4. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the HCA Network, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the HCA Network; and (iii) the consequences of any misuse by the minor.

5.MEMBER AND USER CONDUCT

Upon registering at some of HCA Network sites, you will receive a password and HCA Network ID.You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify HCA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The HCA Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HCA, are entirely responsible for all Content that you upload, post, email, or otherwise transmit via the Services. The HCA Network does not control the user or third-party Content posted via the HCA Network, and, as such, does not guarantee the accuracy, integrity, or quality of such user or third-party Content.Under no circumstances will HCA be liable in any way for any user or third-party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the HCA Network. As a general matter, HCA does not pre-screen user or third-party Content posted on the HCA Network, except for certain areas where HCA employs certain automated screening software, although HCA reserves the right to do so. HCA does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. HCA reserves the right to monitor some, all, or no areas of the HCA Network for adherence to these Terms and Conditions or any other rules or guidelines posted by HCA.

6. PROHIBITED CONDUCT

You agree that you will not use the HCA Network to:

• Disclose to any third party not a director, officer, or employee of your facility any facility-specific or plan-specific information accessed through any HCA Network product or service, other than information on your own facility.Any violation of this prohibition will result in immediate termination of all services accessed through the HCA Network, without impairing any other right or remedy, in law or equity, of HCA or any other third party.
• Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
• Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
• Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
• Harm minors in any other way.
• Make any sexual request on behalf of a minor or make any sexual request of a minor.
• "Stalk" or otherwise harass another.
• Collect or store personally identifying information about other users for commercial or unlawful purposes or any purpose not specifically authorized by the site where such information resides.
• Impersonate any person or entity, including, but not limited to, a HCA Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the HCA Network.
• Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
• Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.

This prohibition shall include, without limitation, the following forms of software piracy:

• Making available copyrighted software or other Content that has had the copyright protection removed.
• Making available serial numbers for software that can be used to illegally validate or register software.
• Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
• Making available any software files for which the user does not own the copyright or have the legal right to make available.
• Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
• Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of any products and services or the HCA Network.
• Use automated means, including additional computers, software and scripts, to enhance play in HCA Network games and promotions.
• Use automated means, including spiders, robots, crawlers, or the like to download data from any HCA Network database.
• Conduct your own contests and promotions.
• Upload, conduct, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants or any game of chance whatsoever.
• Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any HCA database, including, without limitation, by incorporating data from any HCA database into any e-mail or "white pages" products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
• Sell, distribute, or make any commercial use of data obtained from any HCA database or make any other use of data from any HCA database in a manner that could be expected to offend the person for whom the data is relevant.
• Create and maintain a HCA Network web page that contains hyperlinks to content not permitted on the HCA Network.
• Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the HCA Network are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
• Interfere with or disrupt the HCA Network or servers or networks connected to the HCA Network, or disobey any requirements, procedures, policies or regulations of networks connected to the HCA Network, including without limitation HCA Network Chat hosts.
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
• Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
• Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
• Disobey any HCA employee or representative or interfere with any action by any HCA employee or representative to redress any violation of these Terms and Conditions.
• Access the HCA Network after your account or access has been terminated by HCA.
• Fail to complete any transaction after submitting an order to purchase any goods or services or submit any order to purchase goods or services where you do not intend to complete the transaction.
• Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
• Use any software deployed in connection with the HCA Network to process data as a service to other entities without the express written consent of HCA or the party from whom such software may be licensed.
• Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the HCA Network.
• Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
• Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to the HCA Network community or the spirit of these Terms and Conditions.
• Advertise, offer for sale, or sell any of the following items:
• Any firearms, explosives, or weapons.
•  Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
• Any alcoholic beverages.
• Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
• Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
• Any controlled substances or pharmaceuticals.
• Any items that are counterfeit or stolen.
• Any dangerous items.
• Any goods or services that do not, in fact, exist.
• Any registered or unregistered securities.
• Any items that violate or infringe the rights of other parties.
• Any items that you do not have the legal right to sell.
• Any items where paying HCA any of the required transactional or listing fees would cause HCA to violate any law.

You acknowledge and agree that the HCA Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the HCA Network at any time, for any reason, or for no reason at all, with or without notice.Without limitation, HCA and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by HCA, in its sole discretion.HCA may also terminate access to, or membership in, the HCA Network, or any portion thereof, for violating these Terms and Conditions.You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the HCA Network, including without limitation information in Chat, Message Boards, Clubs, and in all other parts of the HCA Network.You expressly acknowledge and agree that HCA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HCA, its users and the public. You acknowledge and agree that the technical processing and transmission of the HCA Network, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. HCA also may suspend or terminate any user account for any Product or Service because of user inactivity.For example, a HCA Mail account may be terminated or suspended if a user fails to sign-in to the HCA Mail Service for an extended period of time; please see the HCA Mail Help section for more information regarding HCA Mail's policies concerning account termination. What is considered "user inactivity" varies depending on the portion of the HCA Network being used. If one of your accounts is suspended or terminated for inactivity, your right to use such portion of the HCA Network immediately ceases.

7. LICENSE TO USER CONTENT

With respect to any other Content posted by or in connection with the HCA Network, you grant HCA a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular HCA Network product or service and to publish and promote such Content elsewhere within the HCA Network. Such license shall apply with respect to any form, media, or technology now known or later developed.

8. DISCLAIMER OF WARRANTIES

THE HCA NETWORK IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HCA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE HCA NETWORK.TO THE FULLEST EXTENT PERMITTED BY LAW, HCA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HCA NETWORK OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HCA NETWORK, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE HCA NETWORK OR THROUGH ANY LINKS PROVIDED IN THE HCA NETWORK. HCA SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE HCA NETWORK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HCA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE HCA NETWORK. HCA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.HCA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE HCA NETWORK, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. HCA MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY HCA. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HCA NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HCA BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE HCA NETWORK. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF HCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE HCA NETWORK, FROM INABILITY TO USE THE HCA NETWORK, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HCA NETWORK (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HCA NETWORK OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HCA NETWORK, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE HCA NETWORK OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HCA NETWORK. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE HCA NETWORK OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE HCA NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. HCA’ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY THE USER FOR ACCESS TO OR USE OF THE HCA NETWORK. UNDER NO CIRCUMSTANCES SHALL HCA BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

10. DISCLAIMER REGARDING THIRD-PARTY CONTENT

The HCA Network offers access to numerous third party web pages and content available over the Internet.In the overwhelming majority of instances, including, but not limited to, sites displayed as search results or contained within a directory of links, HCA has no control whatsoever over the content of such sites. Third party content accessible through the HCA Network from such sources is developed by people over whom the HCA Network exercises no control. The search results that appear from the catalogs indexed by the HCA Network's spiders or web robots are automated, and the HCA Network cannot and does not screen the sites. Accordingly, the HCA Network assumes no responsibility for the content of any site included in any search results or otherwise linked to the HCA Network web sites or in any web page hosted for a third party within the HCA Network. In instances where the HCA Network does review the sites that are displayed in directories, indices, and/or references, or where the HCA Network makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by HCA, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

11. STORAGE

Many features of the HCA Network store information on behalf of users. Examples include, but are not limited to, email messages, web pages, and message boards. HCA reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.

12. HCA MESSAGE BOARDS

Users of HCA message boards are expected to adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described above. Any user failing to comply with these Terms and Conditions may be expelled from a message board by a HCA moderator or host, and HCA may terminate or restrict such user's HCA Network accounts. In addition, HCA may remove any Content that violates these Terms and Conditions or is otherwise objectionable, in HCA' sole discretion.No child under the age of 13 may participate in HCA Message Board offered throughout the HCA Network. Please read all the Prohibited Conduct described above before using the HCA Message Board, and keep in mind the following when using the HCA Message Board services:

• All information you submit in registering must be true, accurate, current, and complete (apart from optional items).
• Do not rely on any information relating to investments or professional advice without first reading the Investment Information Disclaimer and Professional Information Disclaimer below.Remember that people on the Internet are not always who they say they are and do not always publish truthful statements. HCA cannot and does not ensure the accuracy of such statements.
• Do not upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
• Do not stalk or otherwise harass other users.
• Do not upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
• Do not upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
• Do not impersonate any person or entity, including, but not limited to, a HCA Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.

·        Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose

• Do not disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the HCA Network are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
• Do not disobey any HCA moderators, or other HCA employee or representative or interfere with any action by any HCA host or other HCA employee or representative to redress any violation of these Terms and Conditions.
• Do not access any HCA Message Boards service after your account or access has been terminated by HCA.
• Do not upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
• Do not interfere with or disrupt the HCA Network or servers or networks connected to the HCA Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the HCA Network, including without limitation HCA Network Chat hosts.

Violations of these Terms and Conditions in connection with the use of HCA Message Board should be reported to: info@hcanys.org

Please read the entire Terms and Conditions as all HCA Network properties, products and services are subject to these Terms and Conditions.

13. DISCLAIMER REGARDING MULTIMEDIA (PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED THROUGH THE HCA NETWORK)

Pictures, movies, streams, and sounds (the "Multimedia Content") located through the HCA Network are protected by copyright and/or other intellectual property laws. HCA does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where Multimedia Content links to sites outside the HCA Network, all of the Multimedia Content contained on such sites is owned and served by entities other than HCA. The HCA Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the HCA Network for commercial or noncommercial purposes, HCA strongly suggests that you contact the server of the Multimedia Content for permission to use the Multimedia Content.

14. PROFESSIONAL INFORMATION DISCLAIMER

The HCA Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. The HCA Network does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.Those provisions will have special importance for you.All information made available through the

HCA Network is made available subject to The HCA Network' Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.

THE HCA NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

15. ADVERTISERS AND CONTENT LINKED TO THE HCA NETWORK

HCA may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the HCA Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. HCA has no control over such sites and resources.You acknowledge and agree that HCA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HCA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through

any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the HCA Network, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser.You agree that HCA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the HCA Network.HCA encourages you to exercise discretion while using the HCA Network to browse the Internet.HCA may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive.HCA makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the HCA Network web sites.HCA shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the HCA Network' search results or otherwise linked to the HCA Network web sites or provided to the HCA Network by third parties.

16. NO LICENSE; INTELLECTUAL PROPERTY OF HCA AND OTHERS

Except as expressly provided, nothing within the HCA Network shall be construed as conferring any license under any of the HCA Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise.Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the HCA Network is protected by copyright, trademark, patent, or other proprietary rights of HCA and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by HCA in connection with the HCA Network. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by HCA, any of HCA' affiliates, or any of HCA' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the HCA Network of any purpose other than the purpose for which such Content is made available to users by HCA. You agree not to defame or disparage HCA, the trademarks or service marks of HCA and its parents, subsidiaries, and affiliates, or any aspect of the HCA Network. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the HCA Network or any software or programs used in connection with the HCA Network.

17. INDEMNITY AND RELEASE

By using the HCA Network web sites, you agree to indemnify HCA and its parents, subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the HCA Network web sites, your use of any products and services, or your submission of ideas and/or related materials to HCA or from any person's use of any account or password you maintain with any portion of the HCA Network,

regardless of whether such use is authorized by you. By using the HCA Network, using any products and services, or submitting any ideas and/or related materials to HCA, you are hereby agreeing to release HCA and its parents, subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed, or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the HCA Network or to any disputes regarding use of ideas and/or related materials submitted to HCA. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

18. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the HCA Network must be filed within one (1)year after such claim or cause of action arises, or forever be barred.

19. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

Unless expressly stated to the contrary elsewhere within the HCA Network, all legal issues arising from or related to the use of the HCA Network shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the HCA Network shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Albany, New York, and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in New York having jurisdiction thereof. Except as set forth above, the state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the HCA Network. By using the HCA Network and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in New York with respect to all such disputes.

20. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

HCA reserves the right to modify any product and service from time to time, for any reason, and without notice, including the right to terminate any product or service or the HCA Network. HCA reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

21. MERGER

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between HCA' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual HCA Network web site or in connection with the any individual products and services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any products or services available on or through the web site or the respective product or service at which those other provisions may be found.

22. NON-WAIVER AND SEPARABILITY

HCA' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.

23. RELATIONSHIP OF PARTIES

You acknowledge and agree that you and HCA are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent

of the other.

24. NO RESALE, ASSIGNMENT, OR SUBLICENSING

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of HCA.

25. SUCCESSORS AND ASSIGNS

Without in any way limiting the prohibition on your resale, assignment,

sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

26. TERMINATION; SURVIVAL

These Terms and Conditions shall continue in effect for as long as you use the HCA Network, unless specifically terminated earlier by HCA. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

27. COMMUNICATIONS WITH USERS

HCA reserves the right to communicate with you regarding your use of the HCA Network.

28. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of HCA and the HCA Network, HCA reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the HCA Network web sites. If you are aware of any violations of these Terms and Conditions, please report them to: info@hcanys.org