(the "Agreement") 

BY ACCESSING OR USING TBI-HELP.ORG, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE TBI-HELP.ORG.

TBI-HELP.ORG MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF TBI-HELP.ORG SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. DISCLAIMER

The information contained in TBI-Help.org is presented for the purpose of educating consumers on traumatic brain injury (TBI) and its management. Nothing contained in TBI-Help.org is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Information obtained in TBI-Help.org is not exhaustive and does not cover all variants of TBI, physical conditions or their treatment. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on any new treatment, or rehabilitation program. You should never disregard medical advice or delay in seeking it because of something you have read in TBI-Help.org.

The information contained in TBI-Help.org is compiled from a variety of sources ("Information Providers"). Neither TBI-Help.org nor Information Providers directly or indirectly practice medicine or dispense medical services as part of TBI-Help.org.

TBI-Help.org SERVICES AND TBI-Help.org INFORMATION ACCESSED Through TBI-Help.org (the "SERVICES") ARE provided "AS IS" without warranty, express or implied. TBI-Help.org hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties which extend beyond the description on the face OF THIS AGREEMENT.

TBI-Help.org and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. TBI-Help.org and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. TBI-Help.org and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. TBI-Help.org and Information Providers do not warrant or guarantee that the functions or Services performed in TBI-Help.org will be uninterrupted or error-free or that defects in TBI-Help.org will be corrected. Users of TBI-Help.org are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to TBI-Help.org for the reconstruction of any lost data.

2. LIMITED LICENSE

By this Agreement, TBI-Help.org grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use TBI-Help.org in real time and to use the materials in TBI-Help.org in a manner consistent with paragraph 11 (Copyright) below.

3. LINKS TO OTHER SITES

You are encouraged to use discretion while browsing the Internet on searches initiated at TBI-Help.org. TBI-Help.org links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. TBI-Help.org and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed, given the number of results from any browsing which starts with a TBI-Help.org link that would be practically impossible).

4. REVIEW OF POSTINGS & UPLOADS

TBI-Help.org does not and cannot review all communications and materials posted or uploaded to TBI-Help.org and is not responsible for the content of these communications and materials. However, TBI-Help.org reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to TBI-Help.org. 

ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

5. USER'S AGREEMENT

You agree to: (a) maintain all equipment required for your access to and use of TBI-Help.org; (b) maintain the security of your user identification, password and other confidential information relating to your TBI-Help.org account or registrations; and (c) be responsible for all charges resulting from use of your TBI-Help.org account or registrations, including unauthorized use prior to your notifying TBI-Help.org of such use and taking steps to prevent its further occurrence by changing your password.

6. ON-LINE COMMUNICATIONS

6.1 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by TBI-Help.org. TBI-Help.org cannot and does not screen content provided by you to TBI-Help.org . Notwithstanding the foregoing, TBI-Help.org reserves the right to monitor content on TBI-Help.org and to remove content, which TBI-Help.org, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or TBI-Help.org's operating policies for users of TBI-Help.org ("Users").

6.2 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use TBI-Help.org as permitted by this Agreement, TBI-Help.org's operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the TBI-Help.org area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). TBI-Help.org's operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available and/or will be made available online. TBI-Help.org reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

6.3 You are responsible for your communications and your use of TBI-Help.org. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to TBI-Help.org under one ID; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use TBI-Help.org to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by TBI-Help.org); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or TBI-Help.org; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or TBI-Help.org; (m) use TBI-Help.org in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to TBI-Help.org the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by Empower Health Corporation); (o) falsely purport to be an employee or agent of TBI-Help.org (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of TBI-Help.org, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of TBI-Help.org to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in TBI-Help.org, nonetheless, TBI-Help.org reserves the right to take such action as it deems appropriate in cases where TBI-Help.org is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on TBI-Help.org, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

7. USER INFORMATION

7.01 TBI-Help.org respects the privacy of Users. The name, address and other information that you may provide when you use the services of or enroll in TBI-Help.org and information regarding the manner in which you use TBI-Help.org and/or the Internet will not be processed or disclosed by TBI-Help.org except as permitted by this Agreement or as required or allowed by applicable law or legal process.

7.02 You agree that TBI-Help.org may share with other parties both Aggregate Information and limited Individual Information gathered during your use of TBI-Help.org and/or the Internet. "Aggregate Information" is information that describes the habits, usage patterns and/or demographics of Users as a group but does not indicate the identity of particular Users. "Individual Information" is information about a User presented in a form distinguishable from information relating to other Users but not in a form that enables the recipient to personally identify any User. You also agree that Locator Information about you may be gathered, processed or used under this Section 7. "Locator Information" consists of a User's name, email address, physical address, and/or other data that enables the recipient to personally identify the User.

7.03 You agree that Locator Information for you may be gathered, processed or used in the following instances: (1) if you use TBI-Help.org to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during a TBI-Help.org session, the company that sells or provides such physical goods or services (the "Merchant") will obtain Locator Information; (2) if you use TBI-Help.org to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered or made accessible to you by means of electronic transmission during a TBI-Help.org session, the company providing such content, goods or services (the "Content Provider," or "CP") may obtain Locator Information; (3) if you obtain dial-up access to TBI-Help.org from a third party independent internet access providers (an "IAP"), Locator Information relating to you may be obtained by the IAP; and (4) TBI-Help.org and your IAP may use Locator Information as is necessary for enforcement of any of the terms of this Agreement.

7.04 Some of the Locator Information that you provide during the TBI-Help.org sign-up or enrollment process or when you fill in a TBI-Help.org User properties section will be used to create an entry in your name in the TBI-Help.org User directory. You may modify, add to or delete your User information in the TBI-Help.org User directory.

7.05 Although Locator Information will not be disclosed directly to a third party except as described in this Agreement, TBI-Help.org may use Locator Information to forward special offers or communications from selected companies to TBI-Help.org Users via TBI-Help.org.

7.06 TBI-Help.org may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. TBI-Help.org will not review the contents of email except as required or allowed by applicable law or legal process.

7.07 In order to protect the privacy of your Locator Information, TBI-Help.org maintains its User account information in a secured database.

7.08 An individual site may place a text file called a "cookie" in the browser files of your computer. Cookies are pieces of information that a website transfers to an individual's hard disk for record keeping purposes. The cookie itself does not contain Locator Information although it will enable TBI-Help.org to relate your use of the site to information that you have specifically and knowingly provided to the site.

7.09 Some sections of TBI-Help.org may be designed specifically for use by children under the age of 16 and Locator Information may be requested in those sections. In such cases children will be notified that they should obtain permission from their parents prior to providing such information. Parents and those permitting minors to use their TBI-Help.org account should be aware that TBI-Help.org's policies concerning privacy and the use of User information govern Empower Health Corporation's use of Locator Information given by children, but any information voluntarily given by children in chat sessions, email exchanges, BBSs, forums, etc. may be used by third parties to generate unsolicited mail or other contact with children.

7.10 Although you may change, modify or add to certain of your Locator Information online as described above, TBI-Help.org does not make online requests for your password, or unsolicited requests for your credit card or debit card numbers or other Locator Information. TBI-Help.org encourages you to use caution when giving out any personally identifiable information about yourself or your children online. TBI-Help.org encourages all parents to instruct their children in the safe and responsible use of their Locator Information while using TBI-Help.org and the Internet. Such Locator Information sent over the Internet cannot be tracked or retrieved by TBI-Help.org.

7.11 If at any time you believe that TBI-Help.org has not adhered to these policies concerning privacy and use of User information or if you have questions about these policies, please notify TBI-Help.org as provided in the Notice provision below and TBI-Help.org will use all commercially reasonable efforts to promptly determine and correct the problem.

7.12 It is TBI-Help.org's policy to comply with all applicable laws and regulations, as they may be modified from time to time. In the event any provision of any of this Agreement may be in conflict with any applicable law or regulation, the applicable law or regulation will supersede the conflicting provision.

8. OPERATION

TBI-Help.org reserves complete and sole discretion with respect to the operation of TBI Help Desk for Caregivers. TBI-Help.org may, among other things: (a) delete email if it has not been accessed by a User within the time established by TBI-Help.org's policies; (b) subject to Section 6, make available to third parties information relating to TBI-Help.org and Users; and (c) withdraw, suspend or discontinue any functionality or feature of TBI-Help.org.

9. USER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use TBI-Help.org in accordance with this Agreement. You agree to be financially responsible for your use of TBI-Help.org (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

10. CONTENT

Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on TBI-Help.org are not authorized TBI-Help.org spokespersons, and their views do not necessarily reflect those of TBI-Help.org.

11. COPYRIGHT

The entire contents of TBI-Help.org are copyrighted as a collective work under the laws of United States and other copyright laws. TBI-Help.org holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of TBI-Help.org solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from TBI-Help.org.

12. LICENSES AND IDEA SUBMISSIONS

You agree to grant to TBI-Help.org a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, 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 or services) you submit to public areas of TBI-Help.org (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against TBI-Help.org for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

13. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TBI-HELP.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS 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 TBI-Help.org USING YOUR SERVICE ACCOUNT.

14. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER TBI-HELP.ORG, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF TBI-Help.org. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TBI-HELP.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF TBI-HELP.ORG.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF TBI-HELP.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT JAMAICA HOSPITAL MEDICAL CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS 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 TBI Help Desk for Caregivers ARE HEREBY EXCLUDED EVEN IF TBI-HELP.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. THIRD PARTY RIGHTS

The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit TBI-Help.org and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. TERM; TERMINATION

Either you or TBI-Help.org may terminate your right to use TBI-Help.org at any time, with or without cause, upon notice. TBI-Help.org also reserves the right to terminate or suspend your TBI-Help.org membership, account or registrations without prior notice, but TBI-Help.org will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.

17. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws of the State of New York. You agree that any legal action or proceeding between TBI-Help.org and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of  Jamaica, Queens County, New York, United States. Any cause of action or claim you may have with respect to TBI-Help.org must be commenced within one (1) year after the claim or cause of action arises. TBI-Help.org'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. TBI-Help.org may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. NOTICE

TBI-Help.org may deliver notice to you under this Agreement by means of electronic mail, a general notice on TBI-Help.org , or by written communication delivered by first class U. S. mail to your address on record in TBI-Help.org's account information. You may give notice to TBI-Help.org at any time via electronic mail to TBI-Help.org or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

TBI-Help.org
C/O Rehabilitation Services
Jamaica Hospital Medical Center
8900 Van Wyck Expressway
Jamaica, NY 11418

Electronic Mail: feedback@TBI-Help.org

19. 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 hereof.