Sun Health Foundation Terms of Use Agreement

Do not use this web site for medical emergencies. For emergency services dial 9-1-1 or your local emergency assistance number.

I. Welcome
Welcome and thank you for visiting the Sun Health Foundation Web site and reviewing our Terms of Use.  Sun Health Foundation makes this Web site, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the "Materials") available for your use subject to the Terms of Use set forth in this document. It spells out what you can expect from us and what we expect from you.

II. Terms of use, acceptance of terms of use, and non-transferability
By accessing, using or downloading in any way, without limitation, any materials from this Web site or merely browsing this Web site, you agree to and are bound by these terms of use. Please read these terms of use carefully. Sun Health Foundation reserves the right to change the Terms of Use at any time, without prior notice to any Web site visitor ("User").  If Sun Health Foundation makes material changes to the Terms of Use, we will post a notice on our home page, which will run for seven (7) consecutive days following the effective date of the modified Terms of Use. You are hereby advised that your continued use of our Web site constitutes your acceptance of any amendments to and the most recent version of the terms of use. If you breach any of the Terms of Use, your authorization to use this Web site automatically terminates, and any of the Materials downloaded or printed from this Web site must be immediately destroyed.  A User's right to use this Web site is NOT transferable.

III. Medical Disclaimers
Sun Health Foundation is not a provider of medical services or medical information, and this Web site is not designed or intended to provide service information or medical advice.

IV. Intellectual Property Rights

A. Copyright Information and personal and non-commercial use limitation

All Materials and the compilation of all content included on this Web site are owned or licensed by Sun Health Foundation and protected by United States and international copyright laws. Copyright © 2009 Sun Health Foundation.  All Rights Reserved.  Sun Health Foundation does not claim ownership of Copyrights owned by third parties.

You have been granted a license to view and use the Web site Materials subject to these Terms of Use.  Unless otherwise specified, the Materials on this Web site are for your personal and non-commercial use.  You may download and make one copy of Web site Materials for your own non-commercial home use, provided that you maintain all copyright, service mark and other proprietary notices. You may not sell or modify Web site Materials or reproduce, display publicly or otherwise use the Web site Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Sun Health Foundation. You may contact us at: 13180 N 103rd Dr, P.O. Box 2015 Sun City, AZ 85372 attn: Web Project Manager or email us through this form. Users may not provide copyrighted or other proprietary information to Sun Health Foundation without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures.

B. Notice and Procedure for Making Claims Under the Digital Millennium Copyright Act Notice

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Web site in a way that may constitute copyright infringement, you may provide notice of your claim to Sun Health Foundation's designated agent listed below. For your notice to be effective, it must include the following information:  (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Web site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a third party has wrongly filed a copyright infringement notice with Sun Health Foundation against you, and your access to the allegedly infringing material has been disabled, you have the right to provide Sun Health Foundation's designated agent with a counter notification. That notification must include the following information: (1) Physical or electronic signature of the subscriber; (2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (4)The subscribers name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Sun Health Foundation’s Designated Agent is:
William T. Sellner
Chief Financial Officer
13180 N 103rd Dr.
Sun City, AZ  85351

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web site. All other inquiries directed to the designated agent will not be answered.

C. Trademarks

Sun Health Foundation is the owner of a family of trademarks. This family includes, without limitation, Sun Health Foundation, Sun Health Services, and Sun Health Auxiliary. These and other Sun Health Foundation graphics, logos and service marks are trademarks of Sun Health Foundation and may not be used without prior written consent of Sun Health Foundation or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Sun Health Foundation Web site are the property of their respective owners.

D. Ideas and Inventions

All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Sun Health Foundation in connection with your use of this Web site shall be the exclusive property of Sun Health Foundation. User agrees that unless otherwise prohibited by law Sun Health Foundation may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

V. Privacy and Protection of Personal Information
Sun Health Foundation respects the privacy of visitors to our Web site. Please see Sun Health Foundation’s Privacy Statement relating to the collection and use of your information. User acknowledges and agrees that this Privacy Statement, including but not limited to the manner that Sun Health Foundation collects, uses and discloses User's personally identifiable information, is incorporated and made part of these Terms of Use. If User does not agree to each and every part of Sun Health Foundation’s Privacy Statement, then User should not use this site or submit or post any personally identifiable information on this site. Questions regarding privacy issues should be directed to Sun Health Foundation System Web Services.

VI. Disclaimers and Limitation of Liability
User expressly agrees that use of Sun Health Foundation’s Web site and service is at User's sole risk. Neither Sun Health Foundation, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that Web sites affiliated with Sun Health Foundation, including but not limited to www.sunhealthfoundation.org  will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, harmful or malicious code, or other defects. The information, products and services published on this Web site may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of Sun Health Foundation’s Web site or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Sun Health Foundation’s Web site.

This website contains several links to other Web sites. These Web sites are not under the control of Sun Health Foundation, and the existence of a link on Sun Health Foundation’s Web site does not imply any endorsement of the linked Web sites by Sun Health Foundation or any affiliation between Sun Health Foundation and the owners of the linked Web sites. Sun Health Foundation makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked Web sites. You agree that Sun Health Foundation has no responsibility to you with respect to such material. Visitors to other Web sites are encouraged to examine the privacy policies and/or terms of use policies of that Web site.

This Web site is provided by Sun Health Foundation on an "as is" and "as available" basis. Sun Health Foundation and the providers make no representations or warranties of any kind, express or implied, as to the operation of the Web site, the availability of any services or prices offered on or through the Web site, or the information, content, materials or products, included on this Web site. To the full extent permissible by applicable law, Sun Health Foundation and the providers disclaim the warranties and conditions, express or implied, with regard to the information, content, materials, products and services available on this Web site, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of this Web site is at your sole risk.

Sun Health Foundation and the providers will not be liable for any damages of any kind arising from the use of or inability to use this Web site, including but not limited to direct, indirect, incidental punitive and consequential damages. No oral advice or written information given by Sun Health Foundation nor its affiliates, nor any of their officers, directors, employees, agents, providers, or the like, shall create a warranty of any kind; nor shall user rely on any such information or advice. The limitation of this paragraph shall apply not withstanding any reliance by a user on any information obtained from the Web site www.sunhealthfoundation.org or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays on operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Sun Health Foundation's records, programs, or services, and whether or not Sun Health Foundation and/or any other providers have been advised of the possibility of such damages. User hereby acknowledges this paragraph shall apply to all content, merchandise, and services available through www.sunhealthfoundation.org and all other Web sites affiliated with Sun Health Foundation. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by the law.

If you are dissatisfied with any Sun Health Foundation Web site content, your sole and exclusive remedy is to discontinue your use of this Web site.

VII. Online Conduct
The User agrees to use the Sun Health Foundation Web site only for lawful purposes. Unacceptable uses of the Web site include without limitation: (i.e.) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, time bombs, spyware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Banner Sun Health Foundation to be in conflict with the spirit or intent of this Web site.

VIII. Credit and Credit Card Authorization
You may pay for your orders of event tickets or donations with major credit cards issued in the United States of America. Currently, Sun Health Foundation accepts American Express®, Visa®, MasterCard®, and Discover® Card.

After you place an order for event tickets on the Sun Health Foundation Web site, we will check the information you give us for validity, by verifying your method of payment or shipping address. Sun Health Foundation reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the email address you have given us with the order. Your credit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your credit card.

IX. Termination
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Sun Health Foundation Web site and destroying all Materials obtained from this Web site and all copies thereof, whether made under these Terms of Use or otherwise. Your access to the Sun Health Foundation Web site may be terminated immediately without notice from Sun Health Foundation if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Sun Health Foundation Web site and destroy all Materials obtained from this Web site and all copies thereof, whether made under these Terms of Use or otherwise.

X. Applicable Law/Jurisdiction
This Web site is hosted by Sun Health Foundation in the State of Arizona. As such, by visiting Sun Health Foundation's Web site, even if accessed from a location outside the United States, you agree that the laws of the State of Arizona will govern these disclaimers, terms of use, without giving effect to any principles of conflicts of laws. Sun Health Foundation reserves the right to make changes to its Web site and these disclaimers, terms of use, and privacy statement at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Arizona.

XI. Waiver/Severability
The failure of Sun Health Foundation to require or enforce strict performance by User of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Sun Health Foundation's right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.

XII. International Users
The Sun Health Foundation Web site can be accessed from locations around the world. Sun Health Foundation makes no representations that this Web site or the Materials available through it are appropriate for use at other locations outside the United States. Access to this Web site from locations where this Web site or any of its Materials are illegal is prohibited. If you access this Web site from a location outside the United States, you are responsible for compliance with all local and/or international laws.

XIII. Security
Sun Health Foundation reserves the right to monitor all network traffic to this Web site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Web site in any fashion. Anyone using this Web site expressly consents to such monitoring.

Date Last Modified: February 10, 2009

These terms of use may be changed at any time, without prior notice to any visitor.