Terms & Conditions of Use

AGREEMENT–This Terms of Use (“TOU”) statement is an agreement between the U.S. Advance Care Plan Registry^® (“Registry” also referred to as “us” here ) and the user of this site (referred to as “you” here). If you do not agree with the terms of this agreement, do not use the site. An important function of this agreement is to alert you that the data presented on this site is not warranted or otherwise guaranteed. Please read this carefully. If you do not agree to be bound by these Terms and Conditions of Use, please exit this site promptly.

>By accessing the Registry’s website, you agree to abide by our TOU. The Registry has established these terms of use to protect the interests of the Registry, our community partners and our registrants, including, but not limited to each party’s interest in protecting the integrity of the Registry’s on-line information, protected health information the Registry may maintain, and the reputation of the Registry, our community partners and our registrants. You should check for changes to the TOU each time you visit the Registry’s website, because the Registry may make changes to the TOU at any time, without giving notice to users.

AUTHORIZED ACCESS-Some areas of this site may be visited by any member of the public, subject to the terms of this agreement. Some areas of this site can only be properly accessed by registrants, prospective registrants, or our community partners. Only registrants, prospective registrants and/or community partners or healthcare providers with a legitimate need to know patient advance directive information may enter passwords, source codes, identification data, etc., at those pages, or view any information normally and properly accessed via those pages.

>Persons duly authorized by the Registry may access any page or data on this site, and such persons are bound by confidentiality agreements to keep non public information confidential.

Automated search software, ‘bots such as spiders, and other robotic agents are limited in their authority to access this site. These limits are described below and in the associated Robot Exclusion Standards contained on this site.

Access to any portion of this site in excess of the authority provided here is a violation of federal criminal law and also gives rises to civil liability.

We may terminate your access to the website or any part of it at any time with or without notice, in our sole discretion.

NO MEDICAL ADVICE–The Registry’s website is not intended to be a substitute for professional medical advice. Do not use information from the website to diagnose or treat a health condition or disease without consulting a qualified health care provider. Content on the website is not intended to be instructional for medical advice, diagnosis or treatment. The Content should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual or as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly.

NO LEGAL ADVICE—The materials on the publicly available sections of the Registry’s website are for illustrative purposes only. Neither the entire website, nor any portions thereof are intended to serve as legal advice regarding any particular situation. Competent professional counsel should be consulted for any legal planning and advice. Each state’s laws may include separate requirements for advance directives, healthcare powers of attorney, and similar documents. Each page on this website is included with the understanding and agreement that neither the authors of same, nor the Registry (if the Registry is not the author) are engaged in rendering legal services. If legal or other expert assistance is required, the services of a competent professional should be sought. The user assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use or reliance of any information found on the Registry’s website.

NO FALSE INFORMATION–You shall not provide any false information in connection with the use of this site. Also, you agree to update or correct any information which you have provided if such information becomes outdated or misleading. You must use the site consistent with all applicable laws and regulations.

INFORMATION NOT GUARANTEED TO BE RELIABLE–The information on this site comes from a variety of sources and includes information that is subject to change without notice. The Registry wants this information to be up-to-date and accurate, but we cannot guarantee and do not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from this site is free of viruses or other harmful computer code. Some of the information displayed on these pages changes rapidly, sometimes every day, and sometimes from minute to minute. The accuracy and timeliness of the data is therefore subject to delays in connectivity across the internet, your systems, and other facilities outside the control of the Registry. Therefore, you must independently verify the accuracy of any information presented here.

OWNERSHIP AND OTHER INTELLECTUAL PROPERTY RIGHTS–This site and all its pages are copyrighted by us, © 2002-05, all rights reserved. The only exceptions are materials copyrighted by our licensors, used here by permission. With respect to all the materials on this site, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such information, except for healthcare providers who may make a copy of an advance directive that they have properly accessed for use in connection with the treatment of the patient named in the advance directive. If you send us ideas or concepts through the Internet, including e-mail, you are giving us ownership of the ideas or concepts, and we are free to use these ideas or concepts without paying you or obtaining your consent.

E-MAIL–The Registry has your permission to reply to e-mail you send to us, using the e-mail address(es) you have provided. You also give us permission to communicate with you in the future using these e-mail addresses. You understand that co-workers may have access to your e-mail if you are using a business computer, or family members may have access if you are using a personal or home computer, and that, therefore, e-mail sent to you may be seen by others, and the Registry cannot prevent such unauthorized access. You have given us your agreement to maintain copies of your correspondence and to use it in any fashion in without paying you or obtaining your consent.

ROBOT EXCLUSION STANDARDS AND HEADERS–Our web site contains robot exclusion headers. You will not use any robot, spider, other automatic device, ‘bot, or manual process to monitor or copy our web pages or the content contained herein without the Registry’s prior express written permission including permissions in our robot exclusion headers. You will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this site. You will take no action that imposes an unreasonable or disproportionately large load on our infrastructure. Some information on our site is updated on a real time basis and is proprietary or is licensed to us by third parties. You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without our prior express written permission, or that of the appropriate third party. Hidden text used by web search engines to find websites, also known as metatags, may not be embedded into your website using any trademarks or servicemarks of the Registry or its affiliates, whether those trademarks or servicemarks are registered or unregistered. Any such use will be considered trademark infringement and will be prosecuted.

DISCLAIMERS–We have no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of your data or data on this site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems. We are not responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the web site or the site or any content posted on the web site or transmitted to anyone, or any interactions between users of the web site, whether online or offline.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND TITLE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY–Except in jurisdictions where such provisions are restricted, in no event will the Registry be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the web site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Registry’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $100.00.

Under no circumstances shall the Registry or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or inability to use, the Site. This limitation on damages includes but is not limited to damages that result from reliance by you on any information obtained from the Site, or from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance (whether or not resulting from acts of God), communications failure, theft, destruction, or unauthorized access to the Registry’s records, programs, or services. This paragraph applies to all content and services and software available through this site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states (if their law is deemed to apply) liability is limited to the fullest extent permitted by law.

This site, including all content, software, and information made available on this site, is provided “as is.” The Registry, its employees, or agents make no representations or warranties of any kind whatsoever for the content of this site, for information made accessible by the software used herein, or for any products or services or hypertext links to third parties and disclaims any expressed or implied warranties, including without limitation, non-infringement, fitness, security, or merchantability for a particular purpose. Please note that the Registry is not responsible for the content or activities associated with any site or entity that is linked to this site.

INDEMNIFICATION–You hereby indemnify and hold harmless the Registry and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney’s and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the website; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the website by you in violation of any rights of the Registry or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.

FULL AND COMPLETE AGREEMENT REGARDING WEBSITE–These terms and conditions represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the website including the collection of information through this site, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and the Registry governing the conduct of your relationship with the Registry.

LINKS TO OTHER SITES–Links to third party websites on this site are provided solely as a convenience. If you use these links, you will leave this site. The Registry does not claim to have reviewed these third party sites in their entirety, nor does it control these sites. The Registry is not responsible for any of these sites or their content. Moreover, the Registry does not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

OTHER TERMS–No waiver, modification or amendment of any of these terms and conditions shall be effective against the Registry unless it is in writing and signed by an authorized official of the Registry. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement. All rights and remedies given to the Registry in these terms and conditions are cumulative and not exclusive of any other rights or remedies which the Registry otherwise has at law or equity. These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns. These terms and conditions and your rights and obligations hereunder may not be assigned by you without the prior written permission of the Registry and shall inure to the benefit of Registry’s successors and assigns whether by merger, consolidation or otherwise. The Registry may assign this agreement or any of its rights or obligations under these terms and conditions.

Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings.

CHOICE OF LAW AND PERSONAL JURISDICTION; JURY TRIAL–This website is created and controlled by us in the State of New Jersey, U.S.A. The laws of the State of New Jersey govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.

SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE COURT LOCATED IN THE COUNTY OF UNION, STATE OF NEW JERSEY, OR, IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, TRENTON VICINAGE, AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.