Website Terms of Use

Last Modified: October 2, 2023

Acceptance of the Terms of Use:

These terms of use are entered into by and between You and LHM Hospice & Social Services
Foundation (“the Foundation,” “we,” or “us”). The following terms and conditions, together
with any documents they incorporate by reference (collectively, “Terms of Use“), govern your
access to and use of http://lhm-foundation.org (the “Website“), including any content,
functionality and services offered on or through the Website, whether as a guest or a registered
user.
Please read the Terms of Use carefully before you start to use the Website. By using the
Website, you accept and agree to be bound and abide by these Terms of Use and our
Privacy Policy, found at Privacy Policy Page, incorporated herein by reference. If you do not
want to agree to these Terms of Use or the Privacy Policy, you must not access or use the
Website.

This Website is offered and available to users who are 18 years of age or older, reside in the
United States or any of its territories or possessions. By using this Website, you represent and
warrant that you are of legal age to form a binding contract with the Foundation and meet all of
the foregoing eligibility requirements. If you do not meet all of these requirements, you must not
access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All
changes are effective immediately when we post them, and apply to all access to and use of the
Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you
accept and agree to the changes. You are expected to check this page from time to time so you
are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide
on the Website, in our sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of the Website, or the entire Website, to users, including registered
users, if any.

You are responsible for making all arrangements necessary for you to have access to the
Website, and for ensuring that all persons who access the Website through your internet
connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current and complete. You agree that all
information you provide to register with this Website or otherwise, including, but not limited to,
through the use of any interactive features on the Website, is governed by our Privacy policy
,and you consent to all actions we take with respect to your information consistent with our
Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as
part of our security procedures, you must treat such information as confidential, and you must
not disclose it to any other person or entity. You also acknowledge that your account is personal
to you and agree not to provide any other person with access to this Website or portions of it
using your user name, password or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or password or any other
breach of security. You also agree to ensure that you exit from your account at the end of each
session. You should use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other personal
information.

We have the right to disable any user name, password or other identifier, whether chosen by you
or provided by us, at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design, selection and
arrangement thereof), are owned by the Foundation, its licensors or other providers of such
material and are protected by United States and international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material on our Website, except as
follows:

Your computer may temporarily store copies of such materials in RAM incidental to your
accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display
enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own
personal, non-commercial use and not for further reproduction, publication or
distribution.
If we provide desktop, mobile or other applications for download, you may download a
single copy to your computer or mobile device solely for your own personal, non-
commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences or any graphics separately
from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of
materials from this site.
Access or use for any commercial purposes any part of the Website or any services or
materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to
any part of the Website in breach of the Terms of Use, your right to use the Website will cease
immediately and you must, at our option, return or destroy any copies of the materials you have
made. No right, title or interest in or to the Website or any content on the Website is transferred
to you, and all rights not expressly granted are reserved by the Foundation. Any use of the
Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and
may violate copyright, trademark and other laws.

Trademarks

The Foundation’s name and all related names, logos, product and service names, designs and
slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such
marks without the prior written permission of the Foundation. All other names, logos, product
and service names, designs and slogans on this Website are the trademarks of their respective
owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or
regulation (including, without limitation, any laws regarding the export of data or
software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any
way by exposing them to inappropriate content, asking for personally identifiable
information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not
comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including
any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Foundation, a Foundation employee,
another user or any other person or entity (including, without limitation, by using e-mail
addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the
Website, or which, as determined by us, may harm the Foundation or users of the
Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site
or interfere with any other party’s use of the Website, including their ability to engage in
real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website
for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any
other purpose not expressly authorized in these Terms of Use, without our prior written
consent.
Use any device, software or routine that interferes with the proper working of the
Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is
malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or database
connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

NOTE: The “Contact Us” form included on this website is not to be used for your
submission of personal health information (“PHI”). It does not include appropriate
security protections for doing so. You agree that you will not submit PHI through the Contact Us form.

Monitoring and Enforcement; Termination

We have the right to:

- Take appropriate legal action, including without limitation, referral to law enforcement,
  for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason,
  including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose information about anyone
accessing the Website. YOU WAIVE AND HOLD HARMLESS THE FOUNDATION AND
ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR
LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general
information purposes and is not medical advice. We do not warrant the accuracy, completeness
or usefulness of this information. Any reliance you place on such information is strictly at your
own risk. We disclaim all liability and responsibility arising from any reliance placed on such
materials by you or any other visitor to the Website, or by anyone who may be informed of any
of its contents.

This Website may include content provided by third parties, including materials provided by
other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.
All statements and/or opinions expressed in these materials, and all articles and responses to
questions and other content, other than the content provided by the Foundation, are solely the
opinions and the responsibility of the person or entity providing those materials. These materials
do not necessarily reflect the opinion of the Foundation. We are not responsible, or liable to you
or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily
complete or up-to-date. Any of the material on the Website may be out of date at any given time,
and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our [Privacy Policy]. By using the
Website, you consent to all actions taken by us with respect to your information in compliance
with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a link in such a way as
to suggest any form of association, approval or endorsement on our part.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on
this Website.
Cause limited portions of content on this Website to be displayed or appear to be
displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content
they are displayed with, and otherwise in accordance with any additional terms and conditions
we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for
example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to
cease. We reserve the right to withdraw linking permission without notice. We may disable all or
any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in advertisements, including
banner advertisements and sponsored links. We have no control over the contents of those sites
or resources, and accept no responsibility for them or for any loss or damage that may arise from
your use of them. If you decide to access any of the third party websites linked to this Website,
you do so entirely at your own risk and subject to the terms and conditions of use for such
websites.

Geographic Restrictions

The owner of the Website is based in the Commonwealth of Pennsylvania in the United States.
We provide this Website for use only by persons located in the United States. We make no
claims that the Website or any of its content is accessible or appropriate outside of the United
States. Access to the Website may not be legal by certain persons or in certain countries. If you
access the Website from outside the United States, you do so on your own initiative and are
responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Website will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-
SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL
THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA
OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED
TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE
PROVIDED ON AN “AS IS” “AND” “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE
WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR
ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS
THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS. THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE
FOUNDATION, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Foundation, its affiliates, licensors and
service providers, and its and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors and assigns from and against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including,
but not limited to, your User Contributions, any use of the Website's content, services and
products other than as expressly authorized in these Terms of Use, or your use of any
information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising
therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the Commonwealth of
Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of
the Commonwealth of Pennsylvania or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the
Website shall be instituted exclusively in the federal courts of the United States or the courts of
the Commonwealth of Pennsylvania, in each case located in the City of Harrisburg and County
of Dauphin, although we retain the right to bring any suit, action or proceeding against you for
breach of these Terms of Use in your country of residence or any other relevant country. You
waive any and all objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.

Arbitration

At the Foundation’s sole discretion, it may require You to submit any disputes arising from these
Terms of Use or use of the Website, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to final and binding
arbitration under the Rules of Arbitration of the American Arbitration Association applying
Pennsylvania law.

Waiver and Severability

No waiver of by the Foundation of any term or condition set forth in these Terms of Use shall be
deemed a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of the Foundation to assert a right or provision under these Terms of
Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of the Terms of
Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you
and LHM Hospice & Social Services Foundation with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by LHM Hospice & Social Services Foundation, 4750 Lindle Road,
Suite 100, Harrisburg, Pennsylvania 17111.

All other feedback, comments, requests for technical support and other communications relating
to the Website should be directed to: IT@lhm-foundation.org.