Hearthside Book Club Membership Agreement
The following six points summarize key points of the Membership Agreement. The Full Membership Agreement is available below.
- Hearthstone owns the copyright to all materials; you are purchasing a license to use the materials on behalf of your current employer.
- This membership entitles your company to print and view stories, subject to the limits and conditions included in the agreement, at one physical location/site.
- BASIC MEMBERS can download each digital file up to 25 times and can print up to 25 copies of each PDF file.
- PREMIUM MEMBERS may print an unlimited number of copies of each file. These copies may only be used with residents/clients at the physical location listed in your contact information.
- You are not permitted to share the digital Hearthside Book Club content with other persons or companies.
- You are not permitted to share the hard copy printouts with other persons or companies.
Hearthside Book Club Membership Agreement
This license agreement constitutes a legal agreement between your employer and Hearthstone Alzheimer Care. In this Agreement, we refer to “HEARTHSTONE” as “we”, “us” or “our” and your employer as the “Customer”, “you” or “your.”
SECTION A: ACCEPTANCE
- You agree to be bound by all the terms and conditions set out in this license agreement;
- If you are accepting on behalf of a company, you represent and warrant to Hearthstone that you have full authority to bind such company; and
- If you do not accept these terms and conditions, you are not authorized to download this digital content.
SECTION B: LICENSE
- Through our Services, you will be provided with digital materials, including PDF files, video files, audio files, and other files (together called the "Digital Content").
- You may use the Digital Content in accordance with the terms of this License Agreement.
- The copyright and all other rights to the Digital Content shall remain with Hearthstone.
SECTION C: ONE PHYSICAL LOCATION PER MEMBERSHIP
One Hearthside Book Club membership entitles you to print and view stories, subject to the limits and conditions listed below, at one physical location/site. For example, if you are an activity coordinator at a nursing home in Los Angeles, as a basic member you can print up to 25 copies for that nursing home. As a premium member, you can print unlimited copies, but only for that nursing home. If your company is part of a chain, a separate membership would need to be used for each location. If you are a staff member who oversees multiple locations (e.g., if you oversee sites in Los Angeles, San Diego, and San Francisco), you would need to purchase one membership for each site.
SECTION D: PERMITTED USE OF DIGITAL CONTENT
You may view the digital materials on a computer, tablet, or smartphone. You may also download the materials, subject to the following terms:
- BASIC members may download each file up to 25 times
- PREMIUM members may download each file an unlimited number of times, but only for use with residents/clients at that single, physical location.
You may also print the PDF files, subject to the following terms:
- BASIC members may print up to 25 copies of each PDF file.
- PREMIUM members may print an unlimited number of copies of each file, but only for use with residents/clients at a single physical location.
SECTION E. SHARING OF CONTENT IS NOT PERMITTED
You are not permitted to share the digital Hearthside Book Club content with other persons or companies. You are also not permitted to share the hard copy printouts with other persons or companies. The materials must exclusively be used with the company who purchased the membership. Any infringement of this license agreement is a violation of copyright law.
SECTION F: CONTINUED PAYMENT REQUIRED FOR CONTINUED ACCESS TO CONTENT
You must continue to pay for the membership in order to continue to have access to the materials. If you stop paying for the materials, you cannot access any of the materials at the Hearthside Book Club website.
SECTION G: UNAUTHORIZED USES OF DIGITAL CONTENT
You may not
- Post web pages containing the Digital Content on any server.
- Electronically transfer Digital Files to others for use that is not in accordance with this Membership Agreement.
SECTION H: TERM
This License Agreement shall remain in effect only for so long as you:
- Are in compliance with the terms and conditions of this agreement; and
- Continue to pay for the Hearthside Book Club membership
If you terminate your membership,
- You may continue to use the materials you already downloaded and printed, but only at the physical location that purchased the materials.
- You will no longer have access to any of the digital content via the Hearthside Book Club website
If your job is terminated at your employer for any reason,
- Your original employer may continue to use the materials and website, as long as the company continues to pay for the membership
- You will no longer be permitted to access the website unless you purchase a new membership on behalf of your new employer
SECTION I: LIMITATION OF WARRANTIES AND LIABILITY:
The digital content is provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise. The entire risk as to the results and performance of the digital content is assumed by you. Neither we nor our dealers or suppliers shall have any liability to you or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Our maximum aggregate liability to you and that of our dealers and suppliers shall not exceed the amount paid by you for one month’s access to our services. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
SECTION J: U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Digital Content by or for any unit or agency of the United States Government (the "Government"), the Digital Content shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (“DoD”) FAR Supplement (the "DFARS"). The Digital Content was developed entirely at private expense, and no part of the Digital Content was first produced in the performance of a Government contract. If the Digital Content is supplied for use by DoD, the Digital Content is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as amended or applicable. If the Digital Content is supplied for use by a federal agency other than DoD, the Digital Content is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as amended or applicable.
SECTION K: GENERAL
- In the event that Hearthstone notifies you that certain components of the Digital Content may no longer be used (for whatever reason), then, you agree to cease using and destroy all copies of those components of the Digital Content identified by Hearthstone which are in your possession or control.
- This License Agreement is the entire agreement between Hearthstone and you and supersedes any other agreement or discussions, oral or written, and may not be changed except by a signed agreement.
- This License Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts.
- If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License Agreement and the other provisions shall remain in full force and effect.