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.
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.
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.
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.
- 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 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 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.
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.
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.
- 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.
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.
Governing Law and Jurisdiction.
Limitation on Time to File Claims.
Waiver and Severability.
Thank you for visiting the Respite Care Association of Wisconsin.