RCAW Online Registry Listing Terms and Conditions of Use
Acceptance of the Term of Use.
RCAW ONLINE REGISTRY LISTING TERMS AND CONDITIONS OF USE
Acceptance of the Term of Use.
Please read these terms and conditions of use carefully before using this site. By using this site, you agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you must not access or use the RCAW website: https://respitecarewi.org (“Website”).
The Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Respite Care Association of Wisconsin (“RCAW”) and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use.
RCAW may revise and update these Terms of Use from time to time in our sole discretion and without notice to you. All changes are effective immediately when we post them and apply to all users of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Intellectual Property Rights.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by RCAW, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Content
The contents of the RCAW website, such as text, graphics, images, information and other material contained on the RCAW website (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical/psychological advice, diagnosis, or treatment, nor a substitute for legal or any other type of professional advice. Always seek the advice of a skilled practitioner with any questions you may have regarding a medical condition or legal issue. Never disregard professional advice because of something you have read on the RCAW website.
RCAW does not recommend or endorse any specific tests, physicians, products, procedures, legal advice, opinions, or other information that may be mentioned on the website. Reliance on any information provided RCAW, RCAW employees, others appearing on the website at the invitation of RCAW, or other visitors to the website is solely at your own risk.
Use of Content
RCAW authorizes you to view or download a single copy of the material on the RCAW website solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 1987, Respite Care Association of Wisconsin Resource and Referral System. All rights reserved” and other copyrights and proprietary rights notice that are contained in the Content.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Reproduce, sell publish, distribute, display, repost or otherwise use any portion of any materials found on this Website in any other way or for any other purpose.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the material you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by RCAW. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks.
RCAW’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of RCAW or its affiliates or licensors. You must not use such marks without the prior written permission of RCAW. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm RCAW or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Otherwise attempt to interfere with the proper working of the Website.
Prohibited Providers
Providers are not allowed to use or be listed on the Registry if they are subject to any of the listed disqualifications:
- Been convicted of a felony in any jurisdiction, and have no pending felony charges in any jurisdiction
- Are a registered sex offender and have not been charged with any sex-related crime
- Been adjudicated as incompetent or with a mental defect by a court of jurisdiction
- Not the subject of any abuse or domestic violence injunction or restraining order
- Not listed on the Wisconsin DHS Caregiver Misconduct Registry per Wis. Stat. Sec. 146.40, or any other similar registry in a different jurisdiction
- Not had any license, certificate, permit or registration required under Wis. Stat. Ch. 440 to 480 or by the laws of another state suspended or revoked, and I am not currently being investigated for any of the above.
Providers acknowledge that any personal information they provide to RCAW via respitecarewi.org or by any other means of submission is subject to disclosure to law enforcement or other government agencies or another party as RCAW is required to by law.
User Submissions
You agree that you will not upload or transmit any communications or content of any type to the RCAW that infringes or violate any rights of any party. By submitting communications or content to the RCAW, you agree that such submission is non-confidential for all purposes.
If you post content within an RCAW Resource, you are solely responsible for your own content, the consequences of posting said content and your reliance on any content found in that Resource. RCAW and its licensors are not responsible for the consequences of any content within provider resources.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 9-1-1 immediately. If you suspect a child or elder abuse, call the Department of Child and Families at 608-422-7000.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Submissions for with or without cause in our sole discretion.
- Take any action with respect to any User Submissions 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 RCAW.
- 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 with or without cause, 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 RCAW AND ITS AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR AND OUR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RCAW AND THE FOREGOING PARTIES, DURING OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RCAW, THE FOREGOING PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake a review of 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.
In consideration of being allowed to use the RCAW Resources, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using Resource Information for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by RCAW in its sole discretion;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent; or
Engaging in any other conduct that restricts or inhibits any other person from using the Resources, or which, in the judgment of the RCAW, exposes the RCAW or any of its website visitors to any liability or detriment of any type.
The Wisconsin Public Health Information and Referral Services have no liability or responsibility to users of the RCAW website or any other person or entity for performance or nonperformance of the aforementioned activities.
Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RCAW NOR ANY PERSON ASSOCIATED WITH RCAW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER RCAW NOR ANYONE ASSOCIATED WITH RCAW REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, RCAW HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RCAW, ITS AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR AND OUR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNEES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The Limitation of Liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Links to Other Sites
RCAW provides links to third-party web sites. RCAW does not recommend and does not endorse the content on any third-party websites. RCAW is not responsible for the content of linked third-party sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. RCAW does not endorse any product, service, or treatment mentioned on the Website.
Indemnification.
You agree to defend, indemnify, and hold harmless RCAW, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration.
At RCAW’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wisconsin law.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability.
No waiver by RCAW of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of RCAW to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement.
These Terms and Conditions and the Wisconsin Public Health Information and Referral Services Privacy Policy constitute the entire agreement between you and the Respite Care Association of Wisconsin, with respect to the use of the Respite Care Association of Wisconsin website and Content.
Thank you for visiting the Respite Care Association of Wisconsin.