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Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

AGREEMENT -- This Terms of Use (“TOU”) statement is an agreement between Making Your Wishes Known, LLC (“MYWK” also referred to as “us” here) and the user (referred to as “you” here) of this Making Your Wishes Known website (referred to as “Website” here). If you do not agree with the terms of this agreement, do not use the Website. An important function of this agreement is to alert you that the data presented on this Website is not warranteed or otherwise guaranteed. Please read this carefully. If you do not agree to be bound by these Terms of Use, please exit this Website promptly.

By accessing MYWK’s Website, you agree to abide by our TOU. MYWK has established these TOU to protect the interests of MYWK, our community partners and our registrants, including, but not limited to each party’s interest in protecting the integrity of MYWK’s on-line information, protected health information MYWK may maintain, and the reputation of MYWK, our community partners, and our registrants. You should check for changes to the TOU each time you visit MYWK’s Website, because MYWK may make changes to the TOU at any time, without giving notice to users. Your continued use of the MYWK Website will mean that you have accepted such changes.

AUTHORIZED ACCESS -- Some areas of this Website may be visited by any member of the public, subject to the terms of this agreement. Some areas of this Website can be properly accessed only by registrants or prospective registrants. Only registrants or prospective registrants may enter passwords, source codes, identification data, etc. at those pages, or view any information normally and properly accessed via those pages.

Persons duly authorized by MYWK may access any page or data on this Website, and such persons are bound by confidentiality agreements to keep non-public information confidential.

Automated search software, ‘bots such as spiders, and other robotic agents are limited in their authority to access this Website. These limits are described below and in the associated Robot Exclusion Standards contained on this site.

Access to any portion of this Website in excess of the authority provided here may constitute a violation of federal criminal law and give rise to civil liability.

If you violate any of these TOU, or otherwise use the MYWK Website inappropriately, your permission to use the MYWK Website will automatically terminate without notice to you.

NO MEDICAL ADVICE -- MYWK’s Website and its content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Do not use information from our Website to diagnose or treat a health condition or disease without consulting a qualified health care provider should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual or as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly.

NO LEGAL ADVICE -- The materials on the publicly available sections of the MYWK Website are for general information and illustrative purposes only. Neither the entire Website, nor any portions thereof are intended to serve as legal advice regarding any particular situation. Competent professional counsel should be consulted for any legal planning and advice. Each state's laws may include separate requirements for advance directives, healthcare powers of attorney, and similar documents. Each page on this Website is included with the understanding and agreement that neither the authors of same, nor MYWK are engaged in rendering legal services and no attorney-client relationship is intended to be created between the user and either MYWK or any author. If legal or other expert assistance is required, the services of a competent professional should be sought. The user assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of reliance upon any information found on the MYWK Website.

USER SUBMISSIONS -- The Website contains functionality that allows users to transmit content to the site. You agree that you will not transmit any communication or content to the Website constituting false information, that infringes or violates any rights of any party, or is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by MYWK in its sole discretion. You must use the Website consistent with all applicable laws and regulations.

PASSWORDS -- You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MYWK passwords or accounts. It is your sole responsibility to control the dissemination and use of sign-in name, screen name and passwords; authorize, monitor and control access to and use of your MYWK accounts and passwords; and promptly inform MYWK if you believe your accounts or passwords have been compromised or if there is any other reason why you may need to deactivate a password.

INFORMATION NOT GUARANTEED TO BE RELIABLE -- The information on this Website comes from a variety of sources and includes information that is subject to change without notice. MYWK wants this information to be up-to-date and accurate, but we cannot guarantee and do not warrant that the information is accurate, complete, or current; or that your access will be uninterrupted; or that material accessible from this Website is free of viruses or other harmful computer code. Some of the information displayed on these pages changes rapidly, sometimes every day, and sometimes from minute to minute. The accuracy and timeliness of the data is therefore subject to delays in connectivity across the internet, your systems, and other facilities outside the control of MYWK. Therefore, you must independently verify the accuracy of any information presented here.

OWNERSHIP AND OTHER INTELLECTUAL PROPERTY RIGHTS -- This Website and all of its content is proprietary and copyrighted by Making Your Wishes Known, LLC. The only exceptions are materials copyrighted by our licensors, used here by permission. With respect to all the materials on this Website, you may not copy, modify, publish, transmit, distribute, display, or sell any such information, except for your advance directive document, which you are free to share with others. Any use of the content of this Website not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark, and other laws. All rights not expressly granted under these TOU are reserved to MYWK and its licensors. If you send us ideas or concepts through the Internet, including e-mail, you are giving us ownership of the ideas or concepts, and we are free to use these ideas or concepts without paying you or obtaining your consent. The personal information you submit to us is governed by the MYWK Privacy Policy. As noted in our Privacy Policy, MYWK engages in research about the use of our advance care planning tool. By using this Website you agree to allow de-identified data to be included in our data analysis for research and related professional purposes. To the extent there is any inconsistency between this Agreement and our Privacy Policy, this Agreement shall govern.

E-MAIL -- MYWK has your permission to reply to e-mail you send to us, using the e-mail address(es) you have provided. You also give us permission to communicate with you in the future using these e-mail addresses. You understand that co-workers may have access to your e-mail if you are using a business computer, or family members may have access if you are using a personal or home computer, and that, therefore, e-mail sent to you may be seen by others, and MYWK cannot prevent such unauthorized access. You have given us your agreement to maintain copies of your correspondence and to use it in any fashion without paying you or obtaining your consent.

ROBOT EXCLUSION STANDARDS AND HEADERS -- Our Website contains robot exclusion headers. You will not use any robot, spider, other automatic device, ‘bot, or manual process to monitor or copy our web pages or the content contained herein without MYWK prior express written permission including permissions in our robot exclusion headers. You will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of this Website. You will take no action that imposes an unreasonable or disproportionately large load on our infrastructure. Some information on our Website is updated on a real time basis and is proprietary or is licensed to us by third-parties. You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without our prior express written permission, or that of the appropriate third-party. Hidden text used by web search engines to find websites, also known as metatags, may not be embedded into your website using any trademarks or servicemarks of MYWK or its affiliates, whether those trademarks or servicemarks are registered or unregistered. Any such use will be considered trademark infringement and will be prosecuted.

DISCLAIMERS -- We have no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of your data or data on this Website. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems. We are not responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or any content posted on the Website or transmitted to anyone, or any interactions between users of the Website, whether online or offline.

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION ON LIABILITY -- Except in jurisdictions where such provisions are restricted, in no event will MYWK be liable to you or any third-person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation lost profits arising from your use of the Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MYWK liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to $100.00.

Under no circumstances shall MYWK or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or inability to use, the Website. This limitation on damages includes but is not limited to damages that result from reliance by you on any information obtained from the Website, or from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance (whether or not resulting from acts of God), communications failure, theft, destruction, or unauthorized access to MYWK’s records, programs, or services. This paragraph applies to all content and services and software available through this Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states (if their law is deemed to apply) liability is limited to the fullest extent permitted by law.

This Website, including all content, software, and information made available on this Website, is provided "as is." MYWK, its employees, or agents make no representations or warranties of any kind whatsoever for the content of this Website, for information made accessible by the software used herein, or for any products or services or hypertext links to third-parties and disclaims any expressed or implied warranties, including without limitation, non-infringement, fitness, security, or merchantability for a particular purpose. Please note that MYWK is not responsible for the content or activities associated with any site or entity that is linked to this Website.

INDEMNIFICATION -- You hereby agree to indemnify and hold harmless MYWK and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney's and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the Website; (ii) any breach by you of any agreements, or representations and warranties contained in these TOU, (iii) any access to or use of the Website by you in violation of any rights of MYWK or any third-party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the Website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the Website to any computer system.

FULL AND COMPLETE AGREEMENT REGARDING WEBSITE -- These TOU represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the Website including the collection of information through this Website, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and MYWK governing the conduct of your relationship with MYWK.

LINKS TO OTHER SITES -- Links to third-party websites on this Website are provided solely as a convenience. If you use these links, you will leave this Website. MYWK does not claim to have reviewed these third-party sites in their entirety, nor does it control these sites. MYWK is not responsible for any of these sites or their content. Moreover, MYWK does not endorse or make any representations about any of the websites for which links are provided, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk.

OTHER TERMS -- No waiver, modification or amendment of any of these TOU shall be effective against MYWK unless it is in writing and signed by an authorized official of MYWK. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these TOU, or if we delay or fail to exercise any power or right given to us in this agreement. All rights and remedies given to MYWK in these terms and conditions are cumulative and not exclusive of any other rights or remedies which MYWK otherwise has at law or equity. These TOU shall be binding upon you and your executors, heirs, successors and assigns. These TOU and your rights and obligations hereunder may not be assigned by you without the prior written permission of MYWK and shall inure to the benefit of MYWK’s successors and assigns whether by merger, consolidation, or otherwise. MYWK may assign this agreement or any of its rights or obligations under these TOU.

Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these TOU to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these TOU, and the remainder of these TOU shall continue in full force and effect. A printed version of these TOU shall be admissible in judicial or administrative proceedings.

CHOICE OF LAW AND PERSONAL JURISDICTION; JURY TRIAL -- This Website is created and controlled by us in the Commonwealth of Pennsylvania, U.S.A. The laws of the Commonwealth of Pennsylvania govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.

SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE COURT LOCATED IN THE COUNTY OF DAUPHIN, COMMONWEALTH OF PENNSYLVANIA, OR, IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PENNSYLVANIA, HARRISBURG VICINAGE, AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.