In some instances, both this Agreement and separate terms will apply to your use of the Online Properties ("Additional Terms"). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement with Variety Care and creates a valid, binding contract between you and Variety Care. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties and do not access any of the Online Properties.
Online Properties Defined and Use
The "Online Properties" shall mean Variety Care webpages including, without limitation, webpages under www.varietycare.org, Variety Care social media sites and all associated contents, functionality and services.
The Online Properties are the property of Variety Care and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Variety Care), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Variety Care, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties.
Variety Care reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Variety Care reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.
Prohibited Use of the Online Properties
You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement as the same could lead to criminal or civil prosecution. Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Variety Care computer systems or networks connected to Variety Care through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Variety Care, a Variety Care employee, another user or any other person or entity.
The Online Properties contain opportunities to provide your electronic signature. "Electronic signature" means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation "I Accept" checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by email to email@example.com, however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.
Third Party Sites and Content (Links to Other Websites)
Disclaimer of Representations and Warranties
THE ONLINE PROPERTIES ARE PROVIDED BY VARIETY CARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. VARIETY CARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, VARIETY CARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. VARIETY CARE MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, VARIETY CARE DOES NOT WARRANT THAT ANY CONTENT OF THE ONLINE PROPERTIES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE PROPERTIES WILL MEET YOUR REQUIREMENTS; THAT THE ONLINE PROPERTIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VARIETY CARE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS,
Representation and Warranty; Indemnity
BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power, and authority to enter into this Agreement.
Limitation of Liability
VARIETY CARE WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF VARIETY CARE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VARIETY CARE. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.
Modification and Effectiveness
Variety Care may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Online Properties so that you are aware of any modifications made. Usage of the Online Properties means you accept the then current form of the Agreement and any applicable Additional Terms. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Online Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the Online Properties.
Dispute Resolution, Binding Arbitration, and Class Action Waiver
Certain portions of this section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Variety Care agree this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the Online Properties (collectively, "Dispute"), then you agree the Dispute shall be submitted to confidential arbitration in Oklahoma County, Oklahoma, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Oklahoma. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Oklahoma. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose or be forever banned.
Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND VARIETY CARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement and any applicable Additional Terms constitute the entire agreement between you and Variety Care regarding the Online Properties, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, the content, products or services provided by or through the Online Properties. No Variety Care consent or approval may be deemed to have been granted by Variety Care without being in writing and signed by an officer of Variety Care. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.
You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Agreement. Variety Care may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Variety Care.
If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact us at firstname.lastname@example.org or by any means listed on the "Contact Us" webpage at https://www.varietycare.org/about-us/contact-us.
The Types of Information We Collect & The Ways We Use Information
- Information We Collect Automatically. We and our Service Providers (defined below) may automatically collect certain usage information about you when you access or use the Online Properties, which may include IP address; device identifier; Ad ID; browser type; operating system characteristics; information about your use of our Online Properties; and data regarding network connected hardware (e.g., computer or mobile device). This information does not identify you personally. We use this information to help us evaluate visitor traffic patterns and improve our Online Properties by making our systems more responsive to the needs of visitors.
We may track your visit to our Online Properties by giving you HTML "cookies" when you enter. Cookies are pieces of information transferred to your device’s hard drive or shared with your device’s temporary memory for record-keeping purposes. Our cookies do not store personal information. Cookies allow us to save preferences for you to make visiting our Online Properties easier. Cookies also help us to collect anonymous click-stream data for tracking visitor trends and patterns. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain areas of our Online Properties may not function properly if you set your browser not to accept cookies. We do not respond to web browser “do not track” signals at this time.
- Information You Provide Us. We and our Service Providers collect information you provide to us directly via the Online Properties. This information may include personal information such as your name, address, telephone number, email address, social security number, date of birth (where permitted by law) and other information, in connection with services and products available or described on the Online Properties when you choose to provide such information. For example, we collect information in connection with:
- Our "Contact Us" webpage, and
- Forms on our “Patient Forms” webpage
- Information From Other Sources. In addition, we may obtain information about you from other sources and combine that with information we collect about you. This information may include, where permitted by law, personal information such as your name, address, email address, social security number, date of birth, prior work history and other background information from the third party Service Providers hosting the following Online Properties when you choose to provide the information in connection with:
- Variety Care Career Websites,
- Customer Electronic Payment and Billing Systems,
- Variety Care Vendor Portals
See the section entitled "Privacy Policies of Other Websites" below for more information regarding your privacy on third party links posted to our Online Properties.
Consent to Use Information
By providing information into any of the above areas, including personal information, you grant us permission to use such information for our business purposes including, without limitation, targeted online advertising for employment, products or services, contacting you regarding employment opportunities, and you grant us permission to securely transmit your personal information to third parties to fulfill our business purposes. Further, we may contact you about selected employment positions, products, services, organizations and events that we think may interest you, or contact you to obtain information regarding your opinion, requests, questions, comments or other information you have provided. If you later decide you do not want your information to be used in these ways, please let us know through the opt-out procedures described below. Please also see the section below entitled "Electronic Communications from Variety Care."
By providing the personal information of a person other than yourself or that of an entity into any of the above areas, you are solely responsible for obtaining from such person or entity any and all required rights, releases, consents, clearances, licenses, and other authorizations necessary to exploit and otherwise use their information (the "Clearances"). By submitting such information, you represent and warrant to Variety Care that all required Clearances have been obtained and Variety Care is entitled to rely on the same.
How We Protect Your Information
- Information Security. Variety Care does not warrant the security of your information. However, we utilize a variety of security controls to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.
- Evaluation of Information Protection Controls. Periodically, our controls are reviewed for security, confidentiality and quality.
- Employee Access to Your Information. In general, our business practices limit employee access to personal information and limit the use and disclosure of such information to authorized persons, processes and transactions.
Electronic Communications from Variety Care
You may be given the opportunity to consent and request to receive from Variety Care and/or its third party Service Providers, by electronic delivery (which includes, but is not limited to, email, text message, automatic telephone dialing system or artificial or prerecorded voice recordings to cell phones and landlines), promotional and marketing information and materials, documents, and any other communications ("Electronic Communications”). Your consent is your specific agreement that Electronic Communications provided by Variety Care are reasonable and proper for the purpose of any and all laws, rules, and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep.
Your current valid contact information will be required in order for you to receive Electronic Communications from Variety Care. It is your responsibility to ensure the accuracy of your contact information. You may request a paper version of any agreement to which your electronic signature applies. You acknowledge that Variety Care reserves the right to charge you a reasonable fee for the production and mailing of any such agreement. To request a paper copy contact us at email@example.com.
You have the right to withdraw your consent to receive Electronic Communications from Variety Care. You acknowledge and agree that Variety Care has the right to restrict or terminate your access to certain aspects of the Online Properties if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at firstname.lastname@example.org.
The Online Properties are intended for a general audience and not directed to children less than thirteen (13) years of age. We will not knowingly collect personal information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act.
Variety Care routinely retains electronic messages and uses encryption/security software, but Variety Care cannot completely ensure the security and privacy of electronic messaging to and from Variety Care. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to us that you consider sensitive or confidential.
Release and Limitations
By using the Online Properties you release Variety Care from and agree that Variety Care is not responsible for: (i) any disclosure of personal information made by you to a Service Provider through your use of the Online Properties; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.
Privacy Policies of Other Websites
How to Contact Us