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| Greed, Scandal & Wrongful Deaths at Tenet Healthcare Corp. |
TERMS OF USE
1. ACCEPTANCE OF TERMS
Tenet Shareholder Committee LLC (“TSC”) provides the information and services on tenetshareholdercommittee.org, (the "TSC Site"), to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use, including our Privacy Policy contained herein (collectively, "Terms"). Your use of the TSC Site constitutes agreement with such Terms.
Before using the TSC Site, please carefully read this agreement relating to your use of the TSC Site. By using the TSC Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the TSC Site.
TSC reserves the right, at TSC's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise.Your continued use of the TSC Site following the posting of changes to these Terms will mean that you unconditionally accept those changes.
Use of the TSC Site constitutes full acceptance of and agreement to the Terms; if a user does not accept TSC's Terms, he or she is not granted rights to use the TSC Site as defined herein, and should refrain from accessing the TSC Site.
TSC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the TSC Site (or any part thereof). TSC shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided in these Terms.
If you have questions regarding these Terms please contact TSC at [admin@tenetshareholdercommittee.org].
2. NO UNLAWFUL OR PROHIBITED USE
By using the TSC Site, you warrant to TSC that you will not use the TSC Site, or any of the content obtained from the TSC Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the TSC Site automatically terminates.
4. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
The information on the TSC Site is provided for general informational purposes only, and no content is intended as advice for investing or trading in securities of Tenet Healthcare Corporation (the "Company") or any other company. The users of this website will have a diversity of opinions and no user is agreeing with TSC or anyone who is affiliated with TSC as to how they may acquire, hold, vote or dispose of any securities in the Company. You understand and agree that TSC is not seeking proxy authority from you in regard to the Company and that TSC will not accept any grant of such authority. In no way shall this website or any of its content constitute a proxy solicitation under Section 14 of the Securities and Exchange Act of 1934, as amended, or the regulations promulgated thereunder. While TSC has provided its points of view in this website with regard to the Company, TSC encourages all users to seek out other sources of information to confirm their own positions.
5. CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not TSC, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the TSC Site. No user shall transmit Content or otherwise conduct or participate in any activities on the TSC Site that, in the judgment of TSC, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
TSC reserves the right to refuse or delete any Content at any time and for any reason. In addition, TSC shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that violates the Terms or is otherwise illegal in TSC’s discretion. TSC, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by TSC to protect the rights, property, or personal safety of TSC Site users and the public. TSC does not control the Content posted to the TSC Site and does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TSC be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the TSC Site.
Each user, by using the TSC Site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE TSC SITE:
Use, reproduction, modification, and other intellectual property rights to data stored on the TSC Site will be subject to licensing arrangements that may be approved by TSC as applicable to such Content. With respect to all text data, images or other materials entered into the TSC Site by users, including text and data stored by publicly-accessible site features such as discussion forums, comments and the web log and all other user-submitted Content, the submitting user retains ownership of such Content. With respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by TSC. In each such case, the submitting user grants TSC the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all user submitted Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
TSC may establish general practices and limits concerning use of the TSC Site. While TSC will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, TSC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the TSC Site. TSC reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. TSC reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
TSC, any TSC Site or a third party may provide links to other websites. TSC exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. TSC shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The TSC Site' Privacy Policy is applicable only when you are on the TSC Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
You may link to the home page of the TSC Site as long as the link does not cast us in a false or misleading light. TSC prefers advance notice of such linking. Please notify TSC at [admin@tenetshareholdercommittee.org] or at the address listed below. You may not frame the content of the TSC Site without our express written consent.
9. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless TSC, its affiliates and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the TSC Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE TSC SITE IS AT HIS OR HER SOLE RISK. THE TSC SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TSC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TSC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, TSC MAKES NO WARRANTY THAT (i) THE TSC SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF TSC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
TSC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE TSC SITE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TSC SITE; OR ANY OTHER MATTER RELATING TO THE TSC SITE.
IN NO EVENT SHALL TSC'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED 0.00.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN TSC AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, TSC DOES NOT AND CANNOT CONTROL THE ACTIONS OF TSC SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE CONCERNING THE USE OF THE TSC SITE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE TSC SITE. OPERATION OF THE TSC SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE TSC SITE.
THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY IN THIS SECTION APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY TSC.
TSC, the TSC logo and other TSC trademarks are TSC trademarks or registered trademarks in the United States and in other countries (the "TSC Marks"). All other names and designs may be trademarks of their respective owners. You may not use TSC Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use TSC Marks in any manner that disparages or discredits us.
TSC respects the intellectual property rights of others, and requires that the people who use the TSC Site do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit TSC to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If TSC receives such a claim, TSC reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
Michael A. Burke
Patterson, Belknap, Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036-6710
212.336.2000
dmca@tenetshareholdercommittee.org
After receiving a claim of infringement, TSC will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, TSC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will remove or disable access to any reference or link to material or activity that is claimed to be infringing. TSC will take reasonable steps to notify the user that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, TSC will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, TSC will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless TSC's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the TSC system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(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, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which TSC may be found and that you will accept service of process from the person who provided the initial notification of infringement.
The Terms constitute the entire agreement between each user and TSC and govern each user's use of TSC Site, superseding any prior agreements. The Terms and the relationship between each user and TSC shall be governed by the laws of the State of New York without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the TSC Site Director at admin@tenetshareholdercommittee.org