Terms of Use

Terms and Conditions

Copyright © Visiting Nurse Association (“Service”), an online service of Visiting Nurse Association (VNA Home Health). Your use of the Service will be subject to the terms of this Terms of Service Agreement. The vnakc.org website (collectively, “Web Site”) is owned and operated by VNA, a Missouri corporation. VNA has adopted these Terms and Conditions (“Terms and Conditions”) to make you aware of the terms and conditions of your use of the Web Site. If you do not agree to these Terms and Conditions please do not use the Web Site. VNA reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time by posting such changes to this page. Any changes will be in bold for a period of not less than 30 days from the date of posting. Please check these Terms and Conditions periodically for changes. The continued use of the Web Site following the posting of changes to these terms will mean you accept those changes.

Participation and Conduct

During the term of this Agreement, VNA grants to you a non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service. You agree to indemnify VNA and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes.

VNA reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. VNA also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, VNA is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.VNA DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. VNA IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND VNA DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.

VNA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SERVICE OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF VNA HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL VNA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED THE CUMULATIVE AMOUNT YOU HAVE PAID FOR ACCESS TO THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Notices

VNA may give notice to you through general posting on the Service, through postal notification, or through email notification, in its sole discretion. You may give notice to VNA via email to: info@vnakc.org, or by postal mail to: 1500 Meadow Lake Parkway, Kansas City, Missouri 64114, U.S.A., or via facsimile to: (816) 561-8439.

VNA reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

VNA may unilaterally amend this Agreement at any time, provided that VNA gives notice of the amendment to you in a reasonable period prior to its effective date. The Agreement may not otherwise be amended except in a writing signed by the party against whom the amendment is asserted. Any failure by VNA to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, as applied to contracts entered into and performed within Missouri. This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

Copyright and Trademarks

The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by VNA or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute any Content to any third person. You may copy and display the Content solely for your personal, non-commercial use, as permitted by the license granted above.

VNA and its logos are trademarks belonging to VNA. All other trademarks on the Service are the property of their respective holders.

Permissions

All requests for licensing, reprints, and other usage of material on VNA should be addressed to info@vnakc.org. We will review your request and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.