Terms & Conditions

Brightwater Health (formally Human Development Center) Web Site (the “Site”) is an online information service provided by Brightwater Health, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. BRIGHTWATER HEALTH MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, licenses and idea submissions

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Brightwater Health (formally HDC), its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Brightwater Health a non exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Brightwater Health by all means and in any media now known or hereafter developed.

You also grant to Brightwater Health the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Brightwater Health for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Brightwater Health.

Trademarks

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Brightwater Health. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the site

You understand that, except for information, products or services clearly identified as being supplied by Brightwater Health, Brightwater Health does not operate, control or endorse any information, products or services on the Internet in any way. Except for Brightwater Health -identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Brightwater Health. You also understand that Brightwater Health cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that 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 Site for the reconstruction of any lost data.

You understand that Brightwater Health is not responsible for unauthorized access to or alterations of your transmissions or data, any material or data sent or received or not sent or received, or any transaction entered into through Brightwater Health Web Site or on the Internet.

You agree that Brightwater Health is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property. Although Brightwater Health is not required to monitor or edit the content of any public area of the site, it reserves the right to do so and to delete any content provided by a user. Brightwater Health is not liable for any failure or delay in removing inaccurate or harmful content.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. BRIGHTWATER HEALTH PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANT¬ABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND BRIGHTWATER HEALTH SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. BRIGHTWATER HEALTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. BRIGHTWATER HEALTH HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

Limitation of liability

IN NO EVENT WILL BRIGHTWATER HEALTH BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BRIGHTWATER HEALTH OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BRIGHTWATER HEALTH’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Brightwater Health makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Brightwater Health web site, please understand that it is independent from Brightwater Health, and that Brightwater Health has no control over the content on that web site. In addition, a link to a Brightwater Health web site does not mean that Brightwater Health endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification

You agree to indemnify, defend and hold harmless Brightwater Health, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service

4. Third party rights

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Brightwater Health and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of Minnesota and The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Brightwater Health and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court in Minnesota. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Brightwater Health’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Brightwater Health may assign its rights and duties under this Agreement to any party at any time without notice to you.

If any part of this agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such part will be replaced with language reflecting the original purpose in a valid and enforceable manner. All other parts of the agreement shall remain in force and effect in the event a court of competent jurisdiction finds a part to be invalid or unenforceable.

This agreement constitutes the entire agreement between you and Brightwater Health with respect to your use of the site and supersedes all prior or contemporaneous communications and proposals between you and Brightwater Health.

Any rights not expressly granted herein are reserved.