Site Terms

AHELA PROVIDES THIS WORLD WIDE WEB SITE AND ALL RELATED SERVICES SUBJECT TO YOUR AGREEMENT TO AND CONTINUAL COMPLIANCE WITH THE TERMS AND CONDITIONS OF USE. BY USING THIS SITE, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY.

The products and services of AHELA available via the Site are provided subject to these Terms of Use. By using the Site, you agree to be bound by these Terms of Use.

AHELA may make changes at any time to the Site or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following the posting of any revised Terms of Use will constitute your acceptance of and agreement to be bound by the modified Terms of Use.

Copyright Information

All contents (including, without limitation, the text, graphics, images, logos, icons, and 'look and feel' of the AHELA Web site and the Contents) are the property of AHELA or an AHELA partner that has licensed copyrighted property for AHELA's use. AHELA does not waive any of its proprietary rights therein including, but not limited to, copyrights, trademarks, and other intellectual property rights.

The content in this Site is provided solely for the personal use of Site users. Except as specifically provided below, no portion of the materials on this Site may be reprinted, republished, transferred, sold or distributed in any form, in whole or in part, without the express written permission of AHELA. By using the Site, you agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or use of or access to the Site or any information or technology obtained from the Site, except as expressly permitted by AHELA.

Use of Site

You may use the Site as a resource for information about AHELA and to access and facilitate your permitted use of the Site. Consistent with the terms set forth above, you may download, view, copy and print information, documents and other materials on or from the Site (i) solely for personal, informational, and non-commercial purposes; and (ii) provided that neither the materials, nor any proprietary notices therein, are modified or altered.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using "framing technology," otherwise distribute, or commercially exploit in any way the web site or any portion of or information on the web site, without the prior written permission of AHELA. Other World Wide Web sites may create hypertext links to the Site only with the permission of AHELA. In addition, you agree not to link to any page of the AHELA Web site other than the home page located at www.ahela.org.

Passwords

You acknowledge you are fully responsible for all activities which occur through the use of the password you are granted upon registering to use any portion of the Site. If a password is required for any particular portion of the Site, or to gain access to particular information, you agree not to access or attempt to access without an authorized password or through any means other than by submitting your authorized password on the appropriate web page.

Proprietary Rights

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of AHELA or any other entity that has licensed such property for AHELA’s use on the site.

Feedback

Except where expressly provided otherwise by AHELA, all comments, feedback, information or materials submitted to AHELA through or in association with the Site (collectively, "Feedback") shall be considered non-confidential and AHELA 's property. By submitting such Feedback to AHELA you agree that you assign to AHELA, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the Feedback. AHELA shall be free to use such Feedback on an unrestricted basis.

Third Party Advertisements and Links

Site users acknowledge that AHELA provides to you a free service supported by sponsors and that, at any time, AHELA may display on this web site advertisements from sponsors, such as banner advertisements and pop-up texts, and links to third party sites. AHELA is not responsible for the contents of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by AHELA of the advertisement or linked site. IN NO EVENT WILL AHELA BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON OUR WEB SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Promotional Mailings and Newsletters

You agree to receive occasional promotional mailings and e-mail newsletters (i) relating to the Site; and (ii) AHELA.

Privacy

The terms of AHELA ‘s Privacy Statement are hereby incorporated as part of these Terms of Use.

AHELA’s Monitoring and Purging of Data

You agree AHELA has no obligation to review or monitor the Data you may store, retrieve or share via the site. You also agree AHELA may, at any time, without notice to you, review, monitor and/or purge from the site any Data you have stored (i) if AHELA observes Data you share publicly which AHELA determines, in its sole discretion, violates these Terms of Use; (ii) if a user with whom you privately share a file informs AHELA of contents which violate these Terms of Use; (iii) if you request AHELA access your account in order to provide you assistance and, in doing so, AHELA observes Data which AHELA determines, in its sole discretion, violates these Terms of Use; or (iv) upon order of court, administrative or regulatory body or other tribunal of competent jurisdiction, or as otherwise required by law.

In the event that AHELA finds that any Data you have stored on the site violates these Terms of Use and, although we do not plan on having any pay for subscription fees to as part of the sites services, in the event we do, such fees shall not be returned or refunded to you, whether in whole or in any portion.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AHELA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE AND USE THEREOF, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, AVAILABILITY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, AHELA MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT DATA OR OTHER MATERIAL YOU STORE ON THE AHELA WEB SITE WILL NOT DAMAGE THE SITE OR ANY DATA STORED ON THE SITE.

Limitation of Liability

IN NO EVENT SHALL AHELA BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF AHELA FINANCIAL SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

Indemnification

You agree to indemnify and hold AHELA, its subsidiaries, affiliates, officers, directors, agents, employees and representatives, and each of their subsidiaries, affiliates, officers, directors, agents, employees and representatives, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your use of the Site; any Data you store, retrieve or share on, to or via the Site; your violation of these Terms of Use; or your violation of any rights of any third party.

Governing Law

The laws of the State of Arizona will govern these Terms of Use. You agree that any action arising out of the Terms of Use or your use of the Site shall be brought in state or federal court in Phoenix, Arizona, and you consent to the jurisdiction of such courts.

Contact

If you have any questions relating to these Terms of Use, the Site or AHELA, please contact: Shelly Murphy.