Disclaimer

Disclaimer

You understand that Franciscan Alliance cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the websites for any reconstruction of any lost data. Franciscan Alliance does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FRANCISCAN ALLIANCE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. FRANCISCAN ALLIANCE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRANCISCAN ALLIANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FRANCISCAN ALLIANCE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. FRANCISCAN ALLIANCE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

1. Limitation on Liability

FRANCISCAN ALLIANCE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF FRANCISCAN ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FRANCISCAN ALLIANCE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO FRANCISCAN ALLIANCE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

2. Indemnity

You will indemnify and hold Franciscan Alliance, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from any claim arising out of or in any way related to your use of the websites and any breach of these Terms of Use by you, including any use of content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the websites.

3. Trademark of Copyrights

Trademarks, service marks, logos and copyrighted works appearing in the websites are the property of Franciscan Alliance or the party that provided the trademarks, services marks, logos and copyrighted works to Franciscan Alliance. Franciscan Alliance and any party that provided trademarks, service marks, logos and copyrighted works to Franciscan Alliance retain all rights with respect to any of their respective trademarks, service marks, logos and copyrighted works appearing in the websites.

4. Security

Any passwords used for the websites are for individual use only. You will be responsible for the security of your password (if any). Franciscan Alliance will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Franciscan Alliance considers insecure, Franciscan Alliance will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the websites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Franciscan Alliance reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Franciscan Alliance reserves the right to investigate suspected violations of these Terms of Use.

Franciscan Alliance reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Franciscan Alliance to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FRANCISCAN ALLIANCE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FRANCISCAN ALLIANCE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FRANCISCAN ALLIANCE OR LAW ENFORCEMENT AUTHORITIES.

5. Miscelaneous

5.1. These Terms of Use will be governed and interpreted pursuant to the laws of Indiana, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Indiana in connection with any dispute between you and Franciscan Alliance arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in St. Joseph County, Indiana.

5.2. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

5.3. You agree that no joint venture, partnership, employment or agency relationship exists between you and Franciscan Alliance as a result of this agreement or use of the Websites.

5.4. These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Franciscan Alliance with respect to the Websites.

5.5. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5.6. Notwithstanding the foregoing, any additional Terms of Use on the websites will govern the items to which they pertain.

5.7. Franciscan Alliance may revise these Terms of Use at any time by updating this posting.