Applicability & Acceptance of Terms
Right to Use Site
You represent and warrant to Brookside that you are at least 18 years of age or have obtained the prior consent of your parents and that you possess the legal right and ability to enter into this Agreement, including without limitation that you have the authority to contractually bind the organization that you represent.
Notice of and Procedure for Copyright Infringement
Brookside respects others’ intellectual and proprietary rights. In accordance with the Digital Millennium Copyright Act, Brookside has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site, please send Brookside’s Designated Agent (identified below) a notice containing the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
A description of where the material that you claim is/are infringing is/are located on this site, including the URL, so that Brookside can locate the material;
Your name, address, telephone number and email address;
A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
P.O. Box 244
Kalamazoo, MI 49004
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING Brookside THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO Brookside’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE EMAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
Please send any notices, questions, comments or concerns regarding this website (other than notifications of claimed copyright infringement) to:
Brookside Care Website Coordinator
P.O. Box 244
Kalamazoo, MI 49004
Availability and Use of Site
Access to this site may be interrupted from time to time and may not be error free or bug free. The availability of this site depends on many factors, including some factors that are beyond Brookside’s control, such as your connection to the Internet and the Internet backbone. Brookside shall not be liable to you if you cannot use this site due to any reason beyond Brookside’s control.
Disclaimers of Warranties and Limitations on Liability
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS. Brookside makes no representations or warranties of any kind, express or implied, as to the operation of this site or to the information contained therein. This includes, but is not limited to, the text, reviews, graphics, audio, video, downloads, attachments, icons, buttons, images, services and products contained on this site. Brookside fully disclaims, to the full extent permissible under applicable law, all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Brookside nor any other person or entity involved in creating, producing or delivering this site, shall be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content, order and display), or metrics found on, used on, or made available through the site. This limitation of liability applies without limitation to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Brookside shall not assume responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site, or of your downloading of any materials, data, text, images, video, or audio from this site. Brookside assumes no responsibility or liability arising from the content of this site, as well as any offsite pages or additional sites linked to this site, for any error, defamation, invasion of privacy, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained therein. Brookside may fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person posting any such information or materials.
Accuracy of Web Sites Including Future Revisions
While Brookside uses reasonable efforts to include accurate, up-to-date information on this site, Brookside does not make any representations or warranties as to the site’s accuracy. Brookside assumes no responsibility or liability for any errors or omissions in the content of this site. Brookside does not warrant or represent that your use of materials on this site will not infringe rights of third parties not owned by or affiliated with Brookside, and you assume any such risk associated with your use of this site.
As a courtesy to you, this site may offer links to other websites. Some of these sites may be affiliated with Brookside, while others are not. Brookside has not reviewed all other sites which may be linked to this site and is not responsible for the contents of any off-site pages or any other sites linked to this site.
DO NOT SEND ANY CONFIDENTIAL INFORMATION OR PATIENT HEALTH INFORMATION TO THIS SITE. Any communication or material that you transmit to this site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and non-proprietary. You agree that such information is non-confidential and non-proprietary. Anything that you transmit or post to this site may be used by Brookside or its affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Brookside is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this site for any purpose whatsoever.
You are the sole person that is responsible for any and all information that you post, upload, email or transmit to or from this site, including, but not limited to, all information, reviews, data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not collect or store personal information about other users or stalk or harass another user.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your content” means content that you submit or transmit to, through, or in connection with the site such as ratings, reviews, compliments, and information that you publicly display. You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content including anyone’s reliance on its quality, accuracy, or reliability or any disclosure by you of information in your content that makes you personally identifiable. You may not imply that your content is in any way sponsored or endorsed by Brookside. You own your content. However, you hereby grant to Brookside the perpetual, irrevocable, and royalty-free right and license to use your content in a number of different ways including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works from your content. Moreover, Brookside may alter or modify your content, or remove your content from the site entirely, in its sole discretion and without requiring your permission or notice to you. However, Brookside owns the Brookside content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including but not limited to our compilation of user content and other site content, computer code, products, software, aggregate user review ratings, and all other elements and components of the site excluding your content, user content and third party content. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content. It is a violation of our User Conduct guidelines to, for example, write a fake or defamatory review, trade reviews with other businesses, or compromise someone or be compensated to write a review. You also agree not to, and will not assist, encourage, or enable others to access, retrieve or index any portion of the site for purposes of constructing or populating a searchable database of business reviews.
Reviews shall be accurate and not misleading, indicative of a personal experience, and apply directly to the community upon whose page it is left by the reviewer.
In addition to any other legal or equitable remedies, Brookside may, without prior notice to you, deny your access to and use of this site, in whole or in part, and/or revoke any or all of your other rights granted under this Agreement. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination.
Applicable Law & General Information