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TERMS OF USE

Please read this agreement entirely and carefully before accessing this website. By accessing the site, you agree to be bound by the terms and conditions below, which are intended to be fully effective and binding upon all users.

DISCLAIMER

These Terms of Use applies to the CentraState websites: www.livelifewellnj.com and www.wellpowernj.com. These sites are online information and communication services that are provided to the community for educational purposes only.

The information provided should in no way be taken to be the provision or practice of medical, nursing or healthcare diagnosis, advice or services. CentraState has used reliable sources in an effort to provide broad consumer understanding and knowledge of health related topics. 

THIS INFORMATION SHOULD NOT BE CONSIDERED COMPLETE OR TO BE A SUBSTITUTE FOR A CALL, VISIT, CONSULTATION OR ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDERS, AS NECESSARY. IF YOU HAVE SPECIFIC HEALTH-RELATED QUESTIONS, YOU SHOULD CALL YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER. IF YOU HAVE A HEALTH PROBLEM, OR THINK YOU MAY, WE URGE YOU TO CONSULT YOUR OWN PHYSICIAN. DO NOT DEPEND ON THE INFORMATION PRESENTED ON THIS SITE, AS EACH INDIVIDUAL CASE IS DIFFERENT. IF YOU ARE SUFFERING A MEDICAL EMERGENCY, DIAL 9-1-1.

BEFORE COMMENCING ANY EXERCISE ROUTINE, YOU SHOULD CONSULT WITH YOUR DOCTOR. IF YOU OPT TO COMPLETE ANY OF THE PHYSICAL ACTIVITIES ON OUR WEBSITE, YOU REPRESENT THAT YOU HAVE CONSULTED WITH YOUR PHYSICIAN REGARDING SUCH EXERCISE AND THAT YOU UNDERSTAND AND ACCEPT THE RISK OF INJURY INVOLVED WITH SUCH ACTIVITY.   IT IS YOUR RESPONSIBILITY, AND NOT THAT OF CENTRASTATE, TO DETERMINE IF YOU ARE CAPABLE OF SUCH ACTIVITIES AND THAT YOU HAVE SELECTED THE CORRECT ACTIVITIES FOR YOURSELF GIVEN YOUR PHYSICAL AND MENTAL CONDITIONS. OUR INSTRUCTORS ARE NOT ABLE TO DETERMINE THIS FOR YOU AND IT IS SOLELY THE RESPONSIBILITY OF THE USER TO SELECT CORRECT ACTIVITIES, MAKE MODIFICATIONS TO THOSE ACTIVITIES AND SELECT THE CORRECT EQUIPMENT FOR SAID ACTIVITY.   BY YOUR USE OF THIS WEBSITE, YOU EXPRESSLY WAIVE ALL CLAIMS AND RELEASE CENTRASTATE FROM ANY CLAIMS THAT MAY ARISE OUT OF YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS AGAINST OUR INSTRUCTORS, DIRECTORS, PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES AND REPRESENTATIVES.

You exercise your own judgment when selecting a service, activity or a physician through any site or service linked to this website. In addition, while CentraState frequently updates its contents, medical information changes rapidly and therefore, some information may become out of date, and/or contain inaccuracies or typographical errors. Any errors or inaccuracies are unintentional and will be corrected as soon as possible after discovery. The use of this website is at your own risk. CentraState assumes no liability for, or relating to, errors, delays, failure, interruption, or corruption of data or other information transmitted in connection with the use of this website or any personal injury that you suffer from use of this website.

User Agreement

You agree not to use this service for any purpose that is unlawful or prohibited by this agreement. We reserve the right to deny access to any part of this service at our sole discretion.

You agree to be bound by the terms and conditions of this Agreement, which includes the CentraState Website Privacy Policy linked to this Agreement. CentraState may modify this Agreement at any time, and such modification shall be effective immediately upon posting of the modified Agreement to the CentraState website. You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the CentraState website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement.

Consents and Copyrights

All trademarks or copyrighted material contained within these pages is the sole property of CentraState. Any reproduction or redistribution of this material beyond personal use is prohibited without the express written consent of CentraState. Any reproduction of illustrations or photographs appearing on these pages beyond personal use is strictly prohibited, unless prior written authorization is obtained from CentraState. Please notify us immediately of any unauthorized use on this website of any non-CentraState owned trademarks or copyrighted materials.

Copies

We hereby grant you the right to view and use this website subject to the terms and conditions of this Agreement. Permission to reprint or electronically reproduce any document or graphic in whole or in part is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).

Privacy

We respect your personal privacy. Please see our Website Privacy Policy, which is incorporated by reference into this Agreement, for the details of our commitment.

Links

CentraState website may contain links to websites operated by other parties. The links or advertisements are provided for your convenience only. We do not control such websites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to such websites is for convenience only does not imply any endorsement of the material on such websites or any association with their operators.

Anyone linking to CentraState website must comply with these guidelines for linking to the site and all applicable laws. A site that links to CentraState website:

  • May link to, but not replicate CentraState
  • Should not create a browser, border or frame environment around CentraState
  • Should not imply that CentraState is endorsing it or its products.
  • Should not misrepresent its relationship with CentraState Healthcare System.
  • Should not present false information about CentraState services.
  • Should not use the CentraState logo without written permission from CentraState.
  • Should not contain content that could be construed as distasteful, offensive or controversial.
  • Should not contain content that promotes illegal material or activities such as hate speech or obscene content.
  • Should not contain false or misleading information.
  • Should not contain religious, political or philosophical views inconsistent with the mission and values of CentraState.
  • Should contain only content that is appropriate for all age groups.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 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.

Warranty Disclaimer

Information is provided for educational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. The content areas should not be relied upon for specific medical advice. We assume no responsibility for how you use the information provided through the CentraState website. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

The Information on this Site is Provided “As Is”

We make no representations or endorsement about the suitability for any purpose of products and services available through this site. This site is provide “As Is”. We do not guarantee the timeliness, validity, completeness or accuracy of information made available to you for any particular purpose. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE.

In no event shall CentraState be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use this website or the content included on our website. The liability of CentraState with regard to any actual damages incurred by you in connection with our website shall not exceed $1000 USD. All claims related to your use of our website or any information contained on our website shall be brought to CentraState within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. Users must be at least 13 years old to submit User Contributions.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including for advertisements and commercial purposes.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • 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 cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY].
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please us the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 (“DMCA“):

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send such information to [email protected].

Third Party Websites

Our website may contain links to enable you to visit other websites of interest easily. Examples of this are links to Instagram, Facebook, Twitter or TikTok. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Indemnification

You agree to indemnify, defend and hold harmless CentraState, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing CentraState’s website.

Limitations on Liability

You agree that neither CentraState, nor its officers, directors, employees, agents, information providers, partners, advertisers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of CentraState’s website. You hereby release and forever waive any and all claims you may have against CentraState, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of CentraState, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers) for losses or damages you sustain in connection with your use of the website.

Physicians shall not be held responsible for providing information through this wesite under any theory of liability or indemnity. The physicians who respond to inquiries prompted by this website provide information solely intended to educate and inform. Responses do not create a patient-physician relationship between the answering physician and the individual submitting the request.

Notwithstanding the foregoing paragraph, the total liability of CentraState, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers, if any, for losses or damages shall not exceed $1000 USD. In no event shall CentraState, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of CentraState are hereby excluded even if CentraState, its officers, directors, employees, agents, information providers, partners, advertisers or suppliers have been advised of the possibility of such damages.

Neither CentraState, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to or your inability to access the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of CentraState or of any vendor providing software or services support.

To the maximum extent permitted by applicable law, in no event shall CentraState be liable for any direct, special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of data, or any other pecuniary loss) arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website, the provision of or failure to provide services, or for any information, services and related graphics contained on or made available through this website and the provision of or failure to provide the service, even if we have been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

Jurisdiction

This service is not targeted to users in a particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of CentraState, nor to constitute any contacts with any jurisdiction outside of the State of New Jersey. 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.

This Agreement is entered-into and performed in the New Jersey, United States of America, and is governed by and shall be construed in all respects under the laws of New Jersey, inclusive of its choice of law or conflict of laws provisions. Any controversy, dispute or disagreement arising out of or relating to this Agreement, or breach thereof, shall be settled by mediation or, if unsuccessful, binding arbitration with a single arbitrator in accordance with the rules of the American Health Lawyers Association. Such mediation or arbitration proceeding shall be held in Monmouth County, New Jersey. Each party shall be responsible for his/her/its expenses and shall split equally the costs for the mediation and/or arbitration; provided, however, that the arbitrator, in his/her discretion, may require the full payment of arbitration fees to be made by the non-prevailing party. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of New Jersey or, if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of New Jersey. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Service inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

Your Comments and Concerns

This website is operated by CentraState Healthcare System, Attn: Legal Department, 901 West Main Street, Freehold, NJ 07728.

All notices of copyright infringement claims should be sent to the above address.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected]

 LAST UPDATED JULY 2020

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