The Price Center > The Center > Legal Notice

Legal Notice

BARRY L. PRICE REHABILITATION CENTER, INC.

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.  BY ACKNOWLEDGING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THIS SITE.

DATE OF LAST REVISION: August 6, 2012

Welcome to the Barry L. Price Rehabilitation Center, Inc. (the “Price Center”) website.  These Terms of Service (these “Terms of Service”) govern your access to and use of this website.  You should read these Terms of Service carefully before accessing or using this website. By accessing or using this website, you agree to be legally bound by these Terms of Service. If you are using this website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity’s behalf, and that such entity agrees to indemnify you and the Price Center for violations of these Terms of Service.  If you do not agree to these Terms of Service, do not use this website.

This website is owned and operated by the Price Center. Whenever these Terms of Service refer to “we,” “our,” or “us,” we are referring to the Price Center. We reserve the right to change or modify any of the terms and conditions contained in these Terms of Service or any policy or guideline of this website at any time and in our sole discretion.  Any changes or modifications will be effective immediately upon posting of the revisions to this website.  Your continued use of this website following the posting of changes or modifications will constitute your acceptance of such changes or modifications.  Therefore, you should review the Terms of Service and applicable policies from time to time to understand the terms and conditions that apply to your use of the website.  If you do not agree to the amended terms, then you must stop using this website.

Privacy Policy and Security
We are committed to protecting your privacy and providing you with the means to make secure online donations. Our security measures can be found in the Privacy Policy area of the Price Center’s website. The Price Center’s use of information provided by you is governed by our Privacy Policy, and the Price Center may amend it from time to time. The Privacy Policy is incorporated into these Terms of Service by reference.

Unauthorized card use
You agree not to use an invalid or unauthorized credit card.  Once a donation is made, the transaction is final and not subject to dispute unless unauthorized use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules.

Trademarks
The name “Barry L. Price Rehabilitation Center,” barrypricecenter.org, the Price Center logo and any other product and service names that we may present on the website from time to time may not be used in connection with any product or service that is not the Price Center’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit the Price Center. Other trademarks, service marks or logos that may appear on the website are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both the Price Center and the trademark owner.

Copyright
Unless otherwise indicated on this website, the website and all content and other materials on the website, including, without limitation, all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (the “Website Materials”) are owned by the Price Center or other original providers, and are protected by applicable intellectual property and proprietary rights and laws.  You may copy such content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark, or other proprietary notice. Except as expressly stated herein, none of the Website Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise, without the express prior permission of the Price Center, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to webmaster@barrypricecenter.org.  The permission given to you terminates automatically if you breach any of the Terms of Service.

User Conduct
You must at all times use this website in a responsible and legal manner. In particular (but not exclusively) you must not do any of the following: misrepresent your identity or your affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from you; delete or falsify any attributions, trademarks or designations of source from any website content; conduct, display or forward surveys, contests, pyramid schemes or chain letters; or interfere with or disrupt the service or services or networks connected to the service; collect or store personal data about other users including email addresses.  You agree that you will comply with all applicable local, state and federal laws, statutes and regulations regarding use of this website.

Age and Responsibility
If you use this website, you are responsible for maintaining the confidentiality of the personal account information you submit. You agree to accept responsibility for all activities that occur under your account. You represent that you are of sufficient legal age to use this website. You understand that you are financially responsible for all uses of this website by you and those using your personal information.

Changes to the Service
The Price Center reserves the right, in its sole discretion, to modify, suspend or discontinue all or any part of the services or tools at any time with or without notice to you. Unless specifically exempted, any new features, services or software applications introduced will be subject to these Terms of Service.

Failure to comply with these Terms of Service
The Price Center may terminate your right to use this website at any time and without notice. We will terminate your right to use our website if you violate any of these Terms of Service or any other policy posted on our website, if you use or attempt to use this website for fraudulent purposes, or if we become aware that you are infringing any copyright or other intellectual property right.

Limitation of Liability; Disclaimer of Warranties
To the maximum extent permitted by law, the Price Center disclaims liability for any loss or damages, whether direct, indirect, special, incidental or consequential (even if the Price Center has been advised of the possibility of such damages) arising out of (i) your use of the Price Center website or your inability to do so (ii) your reliance on any content provided on the website and/or (iii) goods and services in any way associated with the website.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE PRICE CENTER PROVIDES THE WEBSITE ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRICE CENTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN THE EVENT YOU ARE DISSATISFIED IN ANY WAY WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE ANY FURTHER USE OF THE WEBSITE.

Your use of this website constitutes your unconditional consent to all of the terms and conditions set forth herein and an acknowledgment of the disclaimers and limitations of liability set forth in the Terms of Service.

Linking

These Terms of Service apply only to this website.  The Price Center may also provide links to third party websites, and may also link to third party advertising, materials, communications or content that are not under our control.  The Price Center is not responsible for the terms and conditions, content, privacy policy or any other aspect of any website linked to through this website.  The Price Center also does not endorse, make any representations or warranties, or assume any responsibility or liability for any third-party websites linked to through this website or the content of such websites.  These links are provided for your convenience only.  Your use of third party websites or their content is at your own risk and is subject to the terms and conditions of those websites.

General Provisions
These Terms of Service are governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its principles of conflicts of law. These Terms of Service, and any agreements incorporated by reference herein, set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms of Service. Headings and captions of the sections are for reference purposes only. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provision of these Terms of Service or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.  This website and its contents may not be appropriate or available for use in countries other than the United States. If you choose to access our website from any location other than the United States, you accept full responsibility for compliance with applicable local laws.

Indemnity

By using this website and its contents, you agree to defend, indemnify and hold the Price Center harmless from and against any and all claims, damages, costs, actions, demands, liabilities and expenses (including, without limitation, attorneys’ fees) arising from or related to your use of or inability to use this website and/or your violation of these Terms of Service.  Your use of the website constitutes an agreement between you and the Price Center.  This agreement is effective until terminated by you or the Price Center, and may be terminated by you at any time by discontinuing use of the website.  The Price Center may also terminate this agreement at any time, without notice, and deny you access to the website, if in the Price Center’s sole discretion you fail to comply with any term or provision of these Terms of Service.

Comment Policy

The website may contain discussion forums (including blogs or links to blogs), user generated content, or interactive areas in which you or other users may create and post messages, materials, data, information or other items of materials on the website (the “User Content”). We do not guaranty that User Content posted on the website by our users is accurate, complete or useful, nor do we endorse any such User Content.  The users of our website are solely responsible for evaluating the accuracy, completeness and usefulness of all User Content appearing on the website.

The Price Center has the right but not the obligation to monitor User Content to determine compliance with the Terms of Service or to comply with any applicable law or request of a governmental agency or authority.  The Price Center may, in its sole and absolute discretion, refuse to post, remove, or edit any User Content, including without limitation, content that is defamatory, libelous, unlawful, obscene, pornographic, or otherwise objectionable.

By using the Price Center website, you agree not to post, upload to, transmit, store, distribute or otherwise publish through the website any of the following:

  • User Content containing any material that is protected by trademark, copyright or other proprietary right without the express permission of the owner of trademark, copyright or other proprietary right.  You agree that you have the responsibility to determine whether any material is or is not protected.
  • User Content that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  • User Content that misrepresents your affiliation with a person or entity or that impersonates any person or entity.
  • Promotions, advertising or solicitations.
  • Private information of any third party, including without limitation, email addresses, social security numbers and credit card numbers.
  • Viruses, corrupted data, or other types of harmful or destructive files.
  • Any User Content that the Price Center determines, in its sole and absolute discretion, is objectionable, or which may expose the Price Center or its users to harm or liability.

By posting or submitting any User Content to the website, you represent and warrant that (a) you have the lawful right to distribute and reproduce the User Content, (b) the User Content is accurate and not misleading, and (c) the use and posting of the User Content supplied will not violate these Terms of Service, the rights of any third party, or cause injury to any third party.  You also grant (or warrant that the owner of such User Content has expressly granted) to the Price Center a royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, and distribute such User Content (in whole or in part) worldwide, and to incorporate it in other works in any form, media or technology now known or hereafter developed.  You also permit any other user of the website to access, view, reproduce or store your User Content for personal use.  You hereby grant the Price Center the right to edit, publish, copy and distribute any User Content made available to the Price Center by you.

If you believe that anything on the website infringes on any copyright that you own or that your User Content has been copied in a way that constitutes copyright infringement, you may file a notification of such infringement with our Copyright Agent with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. s. 512:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the material that you claim is infringing and where it is located on the website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the use of the materials on the website in the manner complained is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the information in the notification is accurate and that, under penalty of perjury, you are authorized to act on behalf of the owner of the copyright or intellectual property.

Please direct all notices to:

Copyright Agent
Barry L. Price Rehabilitation Center, Inc.
77 Rowe Street, Suite 200 Newton, MA 02466
617-244-0065
pricecenter@barrypricecenter.org
© 2011 Barry L. Price Rehabilitation Center, Inc.